On 3 June 2025, the Government of Vietnam issued Decree No. 115/2025/ND-CP (“Decree 115“) to provide detailed implementation guidance for various provisions of the Law on Telecommunications 2023. Decree 115 introduces a clearer and more structured legal framework for the management and allocation of telecom numbers and Internet resources, as well as rules on leasing and compensation mechanisms.
Key Objectives of Decree 115:
- Establish a comprehensive framework for managing telecom number inventories and Internet resources;
- Set out principles for state compensation when telecom resources are reclaimed; and
- Clarify technical and commercial aspects of telecom resource governance.
In particular, the Decree introduces the following changes:
1. Dual-Track Procedures for Telecom Number Allocation
Decree 115 introduces two distinct methods for telecom number allocation:
- Direct Assignment: Applicable to general telecom number requests. Enterprises must submit required documents to the Ministry of Information and Communications (MIC). These applications are to be processed within 10 working days; and
- Public Auction: Applicable to high-value number blocks (e.g., short codes or premium mobile prefixes). The auction process can take up to 45 working days.
Articles 6 and 7 of Decree 115 outline detailed procedures for both mechanisms, improving transparency and providing applicants with greater predictability.
2. Utilization Thresholds for Subsequent Allocations
To promote efficient usage and prevent number hoarding, Decree 115 sets out minimum utilization thresholds that applicants must meet before seeking additional allocations. Articles 8 to 16 of Decree 115 specify that:
- From the second application onward, an enterprise must demonstrate that at least 70% of previously allocated numbers are in active use;
- Utilization calculations may include subleased numbers, provided they are actively used; and
- These thresholds apply to various telecom services, including fixed-line, mobile (H2H and M2M), satellite, and Internet-based telephony.
3. Legal Framework for Leasing Telecom Numbers
For the first time, Vietnam formally recognizes the practice of leasing telecom numbers between licensed operators. Articles 30 to 34 of Decree 115 introduce:
- Authorization for leasing arrangements, provided they are linked to telecom service resale activities;
- A requirement for a written contract that includes details such as lease term, pricing, number type, quantity, and a three-year utilization plan; and
- Reporting obligations: Lessees must submit monthly usage reports, while lessors report quarterly to the Department of Telecommunications using prescribed forms in the Decree’s Appendix.
4. Compensation Mechanisms for Reclaimed Telecom Resources
Decree 115 establishes a compensation regime for cases where telecom numbers or Internet resources are reclaimed outside of enterprise fault. Key points under Articles 35 and 36 of Decree 115 include:
- For directly assigned numbers, compensation is equal to one year’s usage fee;
- For auctioned resources, the compensation equals the winning bid amount;
- Affected parties must receive at least three months’ prior notice; and
- Compensation is not available in force majeure events, in accordance with relevant laws.
5. Auction Procedures for “.vn” Domains and High-Demand Numbers
Articles 37 to 45 of Decree 115 introduce new procedures for the auction of high-value telecom numbers and certain “.vn” domain names. Highlights include:
- Eligible domain names include premium one- and two-character names (e.g., a.vn, 88.vn);
- Desirable mobile prefixes and short codes may also be subject to auction;
- Auctions must be publicly listed for at least 30 days and conducted via licensed auction organizations; and
- Bidders must meet eligibility criteria and comply with bidding regulations.
Implications for the Telecom Sector
Decree 115 marks a significant step forward in modernizing Vietnam’s telecommunications regulatory regime. It provides a unified and enforceable legal structure, replacing the previous patchwork of rules and circulars. Key provisions on number allocation, leasing, and compensation increase regulatory clarity and reduce market uncertainty.
Enterprises operating in the telecom and digital services sectors should closely review Decree 115 to align internal compliance protocols and take advantage of new opportunities created by the updated framework.
For further advice on the implications of Decree 115 or support with regulatory procedures, please contact our team.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
