Question: Our company operates in the technology sector and provides cloud computing services in Ho Chi Minh City. We understand that, to ensure compliance with legal regulations, businesses must submit a Notification of provision of telecommunications services to the Department of Telecommunications. According to current legal regulations, what are the procedures for this notification?
Answer:
1. Conditions for Providing Cloud Computing Services
According to Clause 1, Article 45 of Decree 163/2024/ND-CP, the conditions for providing telecommunications services are as follows:
- Businesses providing cloud computing services must submit a Notification of provision of telecommunications services before offering their services.
Therefore, if Client provides cloud computing services, you must prepare a complete dossier and complete the notification process in compliance with legal regulations.
2. Required Documents
In accordance with Clause 3, Article 45 of Decree 163/2024/ND-CP, Client must prepare the following documents:
- A written notification of provision of telecommunications services
- A valid copy of enterprise registration certificate or investment registration certificate regarding a foreign investor (or another valid equivalent certificate or license as prescribed by the law on investment and the law on enterprises).
Receiving and approving authority: Ministry of Information and Communications (Department of Telecommunications)
3. Dossier Processing Procedure
The processing procedure for the Notification of provision of telecommunications services is outlined in Clause 4, Article 45 of Decree 163/2024/ND-CP as follows:
Step 1: Client submits the dossier to the Ministry of Information and Communications (Department of Telecommunications).
Step 2: The Department of Telecommunications will inspecting the validity of the dossier.
- If the dossier is not valid: The Department of Telecommunications shall give a written notification to the organization/enterprise within 03 working days from the date of receipt of the dossier.
- If the dossier is valid: The Department of Telecommunications shall publicly disclose information about organizations and enterprises that have notified the provision of telecommunications services on the website of the Department of Telecommunications.
4. Submission Methods
According to Article 46 of Decree 163/2024/ND-CP, Client can submit the Notification of provision of telecommunications services through one of the following methods:
- In person
- By post
- Via online public service system.
Thus, to legally provide telecommunications services, Client must prepare the required documents and follow the notification procedures as outlined above.
