Value added telecommunication services

Legal basis

• WTO, FTAs, AFAS
• The Law on Telecommunications of the National Assembly dated 23 November 2009 (“Law on Telecommunications 2009”).
• Decree 25/2011 of the Government dated 6 April 2011 guiding the Law on Telecommunications

Investment conditions

1. WTO, FTAs, AFAS:

Scope of application

• Electronic mail (CPC 7523 **)
• Voice mail (CPC 7523 **)
• Online information and database retrieval (CPC 7523**)
• Electronic data interchanges (EDI) (CPC 7523**)
• Enhance/value-added facsimile, including store and forward, store and retrieve (CPC 7523**)
• Code and protocol conversion
• Online information and data processing (including transaction processing) (CPC 843**)
• Internet Access Service (IAS)

Ratio of foreign investors’ ownership in charter capital of a business organization:

• Non facilities-based services: not exceeding 65%. The ratio is 70% applied to foreign investors from ASEAN member states.
• Facilities-based services: not exceeding 50%.

Form of investment: joint venture, BCC.

Vietnamese parties participating in the investment: telecommunications service suppliers duly licensed in Vietnam in case of business organizations supplying facilities-based services

Other conditions: 51% gives management control of the business organizations providing facilities-based services.

In telecommunications sector, foreign investors in BCC will have the possibility to renew current arrangements or to convert them into another form of establishment with conditions no less favorable than those they currently enjoy.

The law of Vietnam:

Foreign investors are allowed to invest under joint venture form or BCC to provide telecommunications service. In case the investment is to provide facilities-based telecommunications services, Vietnamese partners must be telecommunication enterprises and have been licensed to establish a telecommunication network in Vietnam.

An organization or individual owing more than 20% of charter capital or shares in a telecommunication enterprises shall not be allowed to possess more than 20% of charter capital or shares of other telecommunication enterprises doing business in the same market included in the List of telecommunication services promulgated by the Ministry of Information and Communications.