If foreign companies want to provide cross-border satellite Internet services, they will have to do so through commercial agreements with domestic companies.
This is one of the regulations on telecommunications business and licensing, included in the draft Decree detailing a number of articles and measures to implement the Telecommunications Law (Decree), which is being consulted by the Ministry of Information and Communications.
Accordingly, the provision of telecommunications services (excluding data center services, cloud computing services, basic telecommunications services on the Internet) across the border to users in Vietnam must be through a commercial agreement with a Vietnamese telecommunications enterprise.
The above Vietnamese partner must be an enterprise that has been granted a license to provide telecommunications services and is permitted to set up an international gateway, unless otherwise provided for in an international treaty to which Vietnam is a member.
Providing telecommunications services is understood as using equipment and setting up telecommunications equipment systems in Vietnam to perform one, some or all stages of the process of initiating, processing, forwarding, routing and terminating information for users.
This activity is carried out through entering into contracts with telecommunications service users, telecommunications service agents, and telecommunications enterprises for profit purposes.
According to this regulation, it can be seen that cross-border satellite Internet service providers such as Starlink will be one of the subjects affected by the Decree.
The draft Decree also clearly stipulates that enterprises participating in commercial agreements with foreign organizations to provide cross-border telecommunications services to users in Vietnam must have technical plans to ensure information security.
This unit must carry out emergency blocking and stop providing telecommunications services at the request of competent state agencies.
In the case of providing satellite telecommunications services, the Ministry of Information and Communications requires a plan so that all traffic generated by satellite subscriber terminals in Vietnam must pass through a ground gateway station (Gateway Station). This station is located in Vietnam and connected to the public telecommunications network.
In the case of providing services to software development zones and high-tech zones as prescribed in international treaties to which Vietnam is a member, foreign organizations are only allowed to provide satellite telecommunications services to units licensed to provide telecommunications services in these areas.
Foreign organizations must then ensure coordination in case of request from competent State agencies in accordance with the provisions of law on network information security and network security.
For units licensed to provide telecommunications services in software development zones and high-tech zones using satellite telecommunications services of foreign organizations, they are responsible for managing and ensuring the use of satellite telecommunications services only within the scope and for the subjects within that area.
Satellite Internet is currently a new issue and a topic that is being discussed a lot in the world. The above draft Decree is expected to create a legal corridor for new services, including satellite Internet, to be legally deployed in Vietnam.
Previously, a representative of SpaceX - the parent company of the Starlink satellite Internet service - said that this unit is looking for opportunities and expects to accompany the Vietnamese market.
When asked about plans to deploy Starlink services in Vietnam, a SpaceX representative said: “SpaceX is a global business. When deploying services anywhere, we will comply with the laws of that country. We are looking for opportunities and look forward to accompanying the Vietnamese market.”
Elon Musk's satellite internet service is now popular and operational in several countries such as the US, Canada, Mexico, Brazil, UK, Australia and most EU countries. In Asia, SpaceX has just launched Starlink service in Japan, Philippines, Singapore, Malaysia, Maldives.
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