On Provision and Use of Telecommunications Data

Ministry of Information
and Communications
No.:21/2017/TT-BTTTT / SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
Hanoi, September29th,2017

CIRCULAR

On provision and use of telecommunications data

Pursuant to Lawon Telecommunicationsdated November 23rd, 2009;

Pursuant toDecree No.17/2017/ND-CPdated February 17th, 2017 of the Government on stipulating functions, duties, powers andorganizational structure of the Ministry of Information and Communications;

Pursuant toDecreeNo. 25/2011/ND-CP datedApril 6th, 2011 of the Government on detailing and guiding the implementation of a number of articles of the Law on Telecommunications, which was amended and supplemented in Decree No.81/2016/ND-CP datedJuly 1st, 2016 of the Government on amending and supplementing a number of articles of Decree No.25/2011/ND-CPdated April 6th, 2011 of the Government on detailing and guiding theimplementation of some articles of the Law on Telecommunications and DecreeNo. 49/2017/ND-CP datedApril 24th, 2017 on amending and supplementing Article 15 of Decree No. 25/2011/ND-CP dated April 6th, 2011 of the Government on detailing and guiding the implementation of some articles of the Law on Telecommunications and Article 30 of Decree No.174/2013/ND-CPdated November 13th, 2013 of the Government on stipulating the sanctioning of administrative violations in the fields of postal,telecommunications, information technology and radio frequency;

At the request of the Director of the Telecommunications Department;

Minister of Information and Communications hereby issues the Circular on supplying and usingtelecommunications data.

Article 1. Governingscope and applicable entities

This Circular prescribes the provision and use of telecommunications data in service of the State management in the telecommunications field and responsibilities of the concerned agencies, organizations and individuals.

Article 2. Interpretation

In this Circular, the following terms are construed as follows:

1. Call number is atelecommunications subscriber number initiating a voice call ordata call or sending a message.
2. Called numberis the telecommunicationssubscriber number receiving a voice call or data call or receiving a message.
3. Call duration is the duration of initialization and termination of the call;durationof sending or receivinga message.
4. Source dataisprimitive data provided bya telecommunications enterprise or new data remainingits size as the primitive data through the data standard normalization step provided by a telecommunication enterprise.
5. Authorized representativeis the person authorized in writing by the Director of the Telecommunications Department or the legal representative of the telecommunications enterprise in accordance with the legal provisions to perform the task of transferring or receiving telecommunications data.

Article 3. Provision of telecommunications data

The telecommunications enterprise shall provide the Telecommunications Department with various types of telecommunications data based on the following structure, time, scope and mode of provision:

1. Type of telecommunications data and telecommunicationsdata structure:

a) Mobile subscriber information is provided atPoint b, Clause 8, Article 1 of Decree No. 49/2017/ND-CPdatedApril 24th, 2017 of the Government on amending and supplementingArticle 15 of Decree No. 25/2011/ND-CP datedApril 6th, 2011 of the Government on detailing and guiding the implementation of some articles of the Law on Telecommunications andArticle 30 of Decree No. 174/2013/ND-CP datedNovember 13, 2013 of the Government on stipulating the sanctioning of administrative violations in the field of postal, telecommunications, information technology and radio frequency.Data structure of mobile subscriber information is specified in Appendix 01 of this Circular;

b) Data oncall number, called number, call duration included in the detailedcall record (CDR).These data are the source data recorded at the telecommunications enterprise’sswitchboardsystem and stored in the telecommunications enterprise within 24 months until the date of request for data provision.

1. Time and scope of data provision:

a) The data specified at Point a, Clause 1 of this Article, except data fields prescribed in Section 2, Appendix 01 attached with this Circular, shall be provided monthly before the 15th of the following month. The provided data is the one archived at the telecommunication enterpriseuntil 24 hours 00 of the last day of the reporting month;

b) The data specified at Point a, Clause 1 of this Article, except data fields specified in Section 1 of Appendix 1 attached to this Circular,shall not be provided periodically. The telecommunications enterprise only providesif written request of the Department of Telecommunications;

c) The data specified in Point b, Clause 1 of this Article shall be provided upon unscheduled request in writing byDepartment of Telecommunications for each purpose of useas stated in Clause 1, Article 5 of this Circular.

The written request for data provision shall clearly state the purpose of using the data;the scope of data provision (data on 01 (one) specific subscriber, subscriber group or all subscribers of the enterprise for a definite period of time);the time the enterprise needs to hand over the data;the authorized representative to receive the data.

1. Method of data provision

a) The data specified at Point a, Clause 1 of this Article, except for the data fields prescribed in Section 2 of Appendix 1 attached to this Circular and the data specified at Point b, Clause 1 of this Article, isprovidedvia transmission linesfromthetelecommunications enterprise to the Department of Telecommunications.

In case of technical failure or force majeure for the transmission line, Department of Telecommunications send written request to the enterprise for providingdataby directly copying into the storage deviceof the Department of Telecommunications.The written request shall clearly state the time and place of receiving the data, the authorized representative receiving the data;

b) The data as prescribed atpointa, clause 1 of thisArticle, except data fields as specified in Section 1 of Appendix 01 attached with this Circular, are provided through the online access.The telecommunications enterprise provides the interface and access account for theDepartment of Telecommunications to access data from connection address intheDepartment ofTelecommunications.

Article 4. Transfer and receipt of telecommunications data

1. The procedures for the transfer and receipt of data are done at the headquarter of the Department of Telecommunications betweenthe authorizedrepresentative of transferring data and the authorized representative of receiving the data.The process of transferring and receiving the data shall be recorded in minutes andperformed in the following sequence:

a)The authorized representative of transferring data checks the eligibility of the authorized representative of receiving data;

b)Certification of data type and scope of data provision;the transfer of data structure forthe type of data as specifiedin Point b, Clause 1, Article 3 of this Circular;

c)Check and seal in casethe enterprise provides telecommunications data by mobile storage device;

d)Perform the data transfer process;

đ) Check the integrity and adequacy of the data sent via the file transfer protocol on the sending and receiving server system of the telecommunications enterprise and the Department ofTelecommunications;

e)Check the integrity and adequacy of the data under the request for provision on the storage system by the Department of Telecommunications;

g)Sign the minutes of transfer and receipt of data.

1. The Department of Telecommunications is responsible for data confidentialityprovided bythe telecommunications enterprise from the time when the authorized representatives sign the minutes of transfer and receipt of data.

Article 5. Purposes, objects of use and principles of telecommunications data exploitation

1. Telecommunications data provided by the telecommunications enterpriseas specified in this Circular shall only be used for the Department ofTelecommunications to perform the following tasks:

a) Inspect and supervise the management of mobile subscriber information of the telecommunications enterprise;

b)Inspect the use of telecommunications number storage;

c) Statistic and analyze the telecommunications market;

d) Check the accuracy of charge recording;charged call rate, incorrect invoicing;

đ) Settle claims about telecommunications, Internet service charges, disputes related to connection chargesamong telecommunications enterprises.

2. Telecommunications data may bemined only from the result of processing source data in the form of integrated data, not mined directly from the source data, except for the following cases:

a) The data is proof of violation or the object under test to determine actsviolating the provisions of the law on the management of mobile subscriber information and charges, telecommunications charge recording;

b) The data is the information of the individual requesting for claims andserves for the response to claims complaint and service charges.

3. The director of the Telecommunications Department shall decide on the subjects entitled to use results of data processing to ensure the use of data for the right purposes and the right subjects.

Article 6. Classification, confidentiality and storage of telecommunication data

1. Telecommunication data is classified and secured as follows:

a) Source data shall be managed in a confidential mode and may only be copied or dumped from the storage system of the Department of Telecommunications under the decision of the Director of the Telecommunications Department to perform the tasks asprescribed in Points a, d and đ, Clause 1, Article 5 of this Circular;

b) The integrated data shall be classified under the level of confidentiality, level of internal circulation or the level of public dissemination.The management and mining of data shallfollow the current regulations of the law.

2. The Department of Telecommunications shall store telecommunications data provided by the telecommunication enterprise as follows:

a) Store on theindependent device, without connecting to theInternet;have the mechanism ofprotection against unauthorized penetration and access to data;have regular monitoring to ensure that only authorized objectscan access data and monitoring regime, record the activities on data storagedevice;

b) The data as specified at Point a, Clause 1, Article 3 of this Circular shall be storedin the centralized database of the Department of Telecommunications within a minimum of twenty four (24) months from the time of receiving thetransfer from the telecommunications enterprise;

c) The data as specified at Point b, Clause 1, Article 3 of this Circular, serving for the tasks prescribed at Points a, b and c, Clause 1, Article 5 of this Circular shall be stored only in the centralized database of Department of Telecommunications in data processing time but not exceeding sixty (60) days from the date of receiving the data.From the above time, the Department of Telecommunications shall delete the source dataprovided by the enterprise, only store the integrated data collected after the process of data;

d) The data as specified in point b, Clause 1, Article 3 of this Circular, serving for the tasks as specified in points d and e, Clause 1, Article 5 of this Circular are stored for a period of timein accordance with the regulations related to the purpose of using the data.

Article 7. Responsibilities of related units

1. Responsibilities of the Department ofTelecommunications:

a) Secure data and data access accountprovided by the enterprise;

b)Promulgate and apply the Regulation on the collection, management and use of telecommunications data in the principle of ensuring the requirements on information security and data confidentiality;specify the specific procedures related to the collection, processing and mining of telecommunication data;clearly define the rights and responsibilities of each unit and individual related to the management, operation and mining of the telecommunications data collection and use system;ensure that thetelecommunications data are used for the intended purposes as specified in Clause 1, Article 5 of this Circular;

c)Coordinate with telecommunications enterprises in settling claims about data confidentiality.

2. Responsibilities of the telecommunication enterprise:

a)Provide data in anadequate, accurate and timely mannerin accordance withArticle 3 of this Circular;ensure the truthfulness and integrity of the data as recorded on the technical system of the telecommunications enterprise;

b) Establish and ensure the operating conditions of transmission line providing telecommunications data as required by the Department ofTelecom.

Article 8. Implementation provision

1. This Circular takes effect fromNovember 15th, 2017;

2. During the implementation, if there is any problem arising, the agencies, organizations and individuals shall notice the Ministry of Information and Communications (theDepartment of Telecommunications) for review and adjustment;

4. Chief of staff, the Director of Department ofTelecommunications, heads of agencies and units under the Ministry;General Director, Directors of Telecommunications Enterprises, and concerned organizations and individuals shall be responsible for the implementation of this Circular.

Recipients:
- Prime Minister and Deputy Prime Ministers (for reporting);
- Ministries, ministerial-level agencies, Governmental agencies;
- Office of the Party Central Committee;
- Office of the General Secretary;
- Office of the National Assembly;
- Office of the President;
- Government office;
- Supreme People's Court;
- Supreme People's Procuracy;
- State Audit;
- Department of Examination of Legal Normative Documents (Ministry of Justice);
- People’s Committee ofprovinces, central cities;
- Telecommunicationsenterprises;
- Gazette;
- Government Portal;
- Ministry of Information and Communications: Ministers and Deputy Ministers, Ministerial-level organizations and units, Ministry Portal;
- Saved: VT, CVT. / MINISTER
(signed and sealed)
Truong Minh Tuan

1

APPENDIX I

Mobile subscriber information data structure
(Issued together with Circular No.21/2017/TT-BTTTT dated September29th, 2017 by the Minister of Information and Communications on provision and use of telecommunications data)

1. Periodically provided data structure of telecommunications enterprises

No. / Data field code / Data field description / Data field value / Notes
1. / MSISDN / Mobile subscriber Number / Mobile subscriber Number in format
<84> <networkcode<subscriber>
Example 1: 84911234567
Example 2: 841231234567
Data type: Numeric code string [0-9] Maximum field length: 12 / Point a, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
2. / LOAI_KHACHHANG / Type of customer, including:
Organizationalcustomer (OC)
Individual customer (IC) / Valid value: OC/IC
Date type: alphabetic string
Maximum field length: 2 / Point a, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
3. / DOITUONG_SD / User of subscriber number, including:
* Individualcustomer:
IC01: for yourself;
IC02: for the ward;
IC03: for equipment;
* Organizational customer:
OC01: for individualsunder the organization;
OC02: for equipment; / Valid value: IC01 / IC02 / IC03 / IC04 / IC05/ OC01/ OC02
Data type: alphabetic string
Maximum field length: 4 / Point a, Clause 5, Article 1 of Decree No. 49/2017/ ND-CP
4. / HOVATEN_TB / Full name of mobile subscriber number user
Note:
-For individuals asthe ward, enter the name of the guardian.
-For individual equipment: is information of theindividual.
-For organizational equipment: Blank this information. / Full Name (no accent marks or Unicode)
Data type: alphabetic string
Maximum field length: 80 / Point b, Clause 5, Article 1 of Decree No. 49/2017 / ND-CP
5. / NGAYSINH_TB / Date of birth of the user of the mobile subscriber number
Note:
-For individuals as the ward, enter the date of birth of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / In format of YYYY-MM-DD
Data type: alphabetic string
Maximum field length: 10 / Point b, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
6. / QUOCTICH_TB / Nationality of user of the mobile subscriber number
Note:
-For individuals as the ward, enter the nationality of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / Data type: alphabetic string
Maximum field length: 50 / Point b, Clause 5, Article 1 ofDecree No. 49/2017/ND-CP
7. / LOAI_GIAYTO_TB / The valid identity card of the user of the subscriber number, including:
01: Identity card
02: Passport
03: Identification
Note:
-For individuals as the ward, enter the information of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / Valid value: 01/02/03 / "" <empty>(Empty in case the subscriber is used for equipment of the organization)
Data type: alphabetic string
Maximum field length: 2 / Point a, Clause 3, Article 1 of Decree No. 49/2017/ND-CP
8. / SO_GIAYTO_TB / Identity document number (corresponding to the type of identity document) of user of the subscriber number
Note:
-For individuals as the ward, enter the information of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / Data type: alphabetic string
Maximum field length: 15 / Point b, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
9. / NGAYCAP_TB / Date of issuing identity document (correspondingto the ID type) of the user of mobile subscriber number
Note:
-For individuals as the ward, enter the information of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / In format of YYYY-MM-DD
Data type: alphabetic string
Maximum field length: 10 / Point b, Clause5,Article 1 of Decree No. 49/2017/ND-CP
10. / NOICAP_TB / Place of issuing or unit of issuingID document (corresponding to the type of ID document) of the user of the mobile subscriber number, including:
With ID document as passport or Identity card: Place of issuing ID document.
With ID document as Identification: Unit of issuing ID document.
Note:
-For individuals as the ward, enter the information of the guardian.
-For individual equipment: is information of the individual.
-For organizational equipment: Blank this information. / Data type: alphabetic string
Maximum field length: 80 / Point b, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
11. / HOKHAUTT_TB / Registered place of permanent residence of user of mobile subscriber number (for personwith Vietnamese nationality)
Note:
+ This information isàly from the identity card / ID card of the user of the mobile subscriber.
+ For users using the number of passport using the passport to carry out procedures to enter into the contract form, general trading conditions: in this information. / Data type: alphabetic string
Maximum field length: 50 / Point b, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
12. / TEN_TOCHUC / Name of organization / enterprise.Information on the organization/enterprise’s papers.
Note:
- For individual:blank thisinformation. / Data type: alphabetic string
Maximum field length: 150 / Point c, Clause 5, Article 1 of Decree No. 49/2017/ND-CP
13. / DIACHI_TOCHUC / Address of the transaction office of the organization/ enterprise. Information on the organization/enterprise’s papers
Note:
-For individual:blank this information. / Data type: alphabetic string
Maximum field length: 500 / Point c, Clause 5, Article 1ofDecree No. 49/2017/ND-CP
14. / SO_GIAYTO_TOCHUC / Number of legal entity certificate of the organization/ enterprise. Information on the organization/ enterprise’s papers
Note:
-For individual:blank this information.
- Type of legal entity certificate of organization/enterprise is oneof the following document types:
+ Establishment Decision
+ Certificate of business registration and tax registration
+ Investment license
+ Certificate of enterprise registration / Data type: alphabetic string
Maximum field length: 15 / Point b, Clause 3, Article 1 of Decree No. 49/2017/ND-CP
15. / HOVATEN_DK / Full name of the representative of the organization signing he contract in form and general conditions for transaction with the telecommunications enterprise.