In the context of advancing telecommunications technologies, the need to test new network models before commercial deployment has become essential for many enterprises. To ensure such trials comply with the law, companies must implement procedures to apply for a network trial license.
I. The need for network trial licenses by enterprises
The continuous development of science and technology, particularly in telecommunications, has created numerous opportunities for enterprises to introduce new services and solutions. However, prior to the official provision, thorough testing is crucial to ensure network and service stability, efficiency, and safety. A network trial license not only allows enterprises to legally conduct testing activities but also brings practical benefits.
II. Legal regulations on network trial licenses
1. What is a Network Trial License?
According to Point c, Clause 3, Article 33 of the Law on Telecommunications 2023, a network and telecommunications service trial license is one type of telecommunications service license.
Accordingly, this is a legal document issued by a competent State authority allowing telecommunications enterprises to establish networks and provide services within a limited scope and timeframe for the purpose of testing new technologies or services before official deployment.
2. Conditions for obtaining a network trial license
Clause 3, Article 38 of the Law on Telecommunications 2023 provides that a network and telecommunications service trial license is granted when a telecommunications enterprise meets the following conditions:
- The service to be tested is not included in an existing license or uses telecommunications resources outside the scope of previously allocated resources;
- The trial's scope and scale are limited for the purpose of evaluating the technology and market before commercial deployment;
- The trial plan complies with regulations on interconnection, service pricing, and telecommunications technical standards and regulations.
Thus, enterprises must meet all of the above conditions to be granted a trial license.
3. Application dossier for a network trial license
According to Clause 1, Article 42 of Decree 163/2024/ND-CP, the application dossier includes:
- An application form for a network and service trial license, using Form No. 19 in the Appendix of the Decree;
- A trial plan, detailing purpose, scope, scale and trial duration; network configuration; type of service; cooperation parties; estimated service pricing; requested trial frequencies and numbering; and conditions and terms to protect user rights if the service is not officially launched after the trial ends.
Thus, to be granted a network trial license, enterprises need to prepare dossiers according to the above regulations.
III. Questions about network trial licenses
1. What is the maximum duration of a network trial license?
According to Point c, Clause 3, Article 33 of the Law on Telecommunications 2023:
- A network and telecommunications service trial license is valid for no more than 2 years.
Thus, the maximum term for such licenses is 2 years.
2. Is the scope of network trials limited?
As per Point b, Clause 3, Article 38:
- The scope and scale of the trial are limited for the purpose of evaluating technology and the market before commerce.
Thus, enterprises are restricted in scope and scale when conducting trials.
3. Which authority issues network trial licenses?
Clause 4, Article 33 of the Law on Telecommunications 2023 provides that:
- The Minister of Information and Communications is responsible for issuing, renewing, reissuing, amending, supplementing and revoking telecommunications licenses, and requesting termination of telecommunications services.
Therefore, the Minister of Information and Communications is the competent authority to issue network trial licenses.
4. Who can be issued a network trial license, and for how long?
Again, per Point c, Clause 3, Article 33 of the Law on Telecommunications 2023, these licenses:
- Are granted to telecommunications enterprises for trial purposes;
- Have a maximum validity period of 2 years.
5. What are the procedures and conditions to obtain a network trial license?
Under Article 42 of Decree 163/2024/ND-CP, the procedure is as follows:
- The enterprise submits 01 set of application dossiers to the Ministry of Information and Communications (Department of Telecommunications) and is responsible for the accuracy and truthfulness of the information.
- The Department of Telecommunications will verify the application within 5 working days:
+ If dossiers are valid, the License will be reviewed and processed within 40 working days from the end of the verification period.
+ If dossiers are invalid, the Department will issue a written notification within 5 days.
+ If dossiers are rejected, a written explanation with reasons will be provided within 40 days.
Conditions
Pursuant to Clause 3, Article 38 include:
- The service is not part of an existing license or uses new telecommunication resources;
- The scope/scale is limited for evaluation;
- The plan complies with legal standards on interconnection, pricing, and telecommunication regulations.
6. Does a network trial license allow commercial service provision during the trial period?
The purpose of network trial licenses is solely to test and perfect new technologies and services.
As stated in Clause 1, Article 20 of the Law on Telecommunications 2023:
- Enterprises must have a telecommunications business license or register/notify service provision, except as provided in Article 42 of this Law.
Providing commercial services for profit requires a telecommunications business license, not a trial license. Therefore, engaging in commercial activities under a trial license may constitute a legal violation.
IV. Legal consulting services for network trial licenses
The above article is provided by NPLaw regarding the current legal regulations on network trial licenses. With a team of experienced lawyers and legal specialists, NPLaw offers reputable and professional legal services, ensuring your lawful interests are protected. If you need assistance, feel free to contact us for support.
