Decree No. 97/2008/ND-CP dated August 28, 2008 of the Government on the management, provision and use of internet services and electronic information on the internet
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, August 28, 2008
ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the December 14, 2004 Publication Law;
Pursuant to the May 25, 2002 Post and Telecommunications Ordinance;
At the proposal of the Minister of Information and Communication;
Article l.- Scope of regulation
This Decree provides in detail for the management, provision and use of Internet services and electronic information on the Internet Vietnam.
Article2.- Subjects of application
1. This Decree applies to organizations and individuals involved in the management, provision and use of Internet services and electronic information on the Internet in Vietnam.
2. In case Internet-related treaties to which Vietnam has signed or acceded contain provisions different from those of this Decree, the provisions of these treaties prevail.
Article 3.- Interpretation of terms
In this Decree, the terms and phrases below are construed as follows:
1. Internet is a global information system using Internet protocols (IP) and Internet resources to provide various services and applications to users.
2. Internet resources include systems of domain names, Internet addresses and autonomous system numbers used for the Internet which are applied globally.
3. Internet equipment system is a combination of electronic and telecommunications equipment, information technologies and other auxiliary devices, including both hardware and software, established by an organization or individual operating in the Internet domain at a place with a specified address and space which such organization or individual has the full right to lawfully use for the provision and use of Internet services.
4. Internet equipment network is a combination of Internet equipment systems of an Internet service provider which are connected through a public telecommunications network or transmission lines leased or built by agencies, organizations or enterprises.
5. Private Internet is an Internet equipment network established by an agency, organization or enterprise and connected to the Internet to provide Internet services for its members on a non-commercial and not-for-profit basis.
6. Transmission line is a combination of transmission equipment which are interlinked by telecommunications cables, radio waves, optical devices and other electromagnetic devices.
7. Local loop is part of a public telecommunications network consisting of subscriber lines connecting the switchboard of a telecommunications enterprise with subscriber terminal equipment of service users.
8. Local loop unbundling is the use of technical and operational measures to enable Internet service providers and fixed telephone service providers use the same local loop to provide these two services independently to service users.
9. Internet service is a type of telecommunications service, including Internet access service, Internet connection service and Internet application service in telecommunications:
a/ Internet access service is a service enabling users the Internet;
b/ Internet connection service is a service providing Internet service providers with the possibility to be interconnected to carry domestic Internet traffic among them;
c/ Internet application service in telecommunications is a value-added Internet service provided to users through the Internet e equipment network.
10. Internet exchange is an Internet equipment network or system established by an organization or enterprise to carry domestic Internet traffic among Internet service providers and private Internets.
11. Electronic message on the Internet is information supplied, transmitted, collected, treated, stored and exchanged via Internet equipment networks.
12. Website on the Internet is a website or a combination of websites to serve the supply and exchange of information on the Internet environment, including websites, blogs, portals and similar forms.
13. General website is a website of an organization or enterprise providing general information on polities, economy, culture and society by citing information from official sources of press agencies or websites of Party and state agencies.
14. Online social service is a service providing a broad community of users the possibility to interact, share, store and exchange information between one another on the Internet environment, including blog, forum, chat and other similar forms.
Article4.- Internet management and development policies
1. To encourage Internet application in economic, cultural and social domains in order to raise productivity; expand commercial activities; support administrative reform, increase social utilities, raise the quality of people's life and ensure security and defense.
2. To promote Internet application in the Partys and the State's agencies, schools, hospitals, research institutes and make Internet available in rural, deep-lying, remote, border and island areas.
3. To create favorable conditions for organizations and individuals to participate in providing and using Internet services, at the same time step up Internet law propaganda, education and guidance. To take measures to stop acts of taking advantage of the Internet to affect national security, breach ethics and fine customs, violate laws, and protect children from negative impacts of the Internet.
4. To develop the Internet with adequate high-quality services and reasonable charges in order to meet the requirements of national industrialization and modernization.
5. To encourage the posting of information in Vietnamese on the Internet.
6. The national domain name "vn'', Internet addresses and autonomous system numbers managed by Vietnam constitute a national information resource. They should be managed, exploited and used for proper purposes and effectively. To encourage and facilitate the wide use of the national domain name ''vn'' and the generation of Internet addresses Ipv6.
7. Confidentiality of private information of organizations and individuals on the Internet is secured under the Constitution and laws. The control of information on the Internet must be conducted by competent state agencies in accordance with law.
8. Internet Vietnam constitutes an important component of the national information infrastructure, which is protected by law and inviolable. To ensure safety and security for equipment systems and electronic information on the Internet is the responsibility of state agencies and every organization and individual.
Article 5.- State management of the Internet
1. The Ministry of Information and Communication shall take responsibility for performing the state management of the Internet, covering:
a/ Formulating mechanisms, policies, strategies and planning for Internet development;
b/ Submitting to the Government for promulgation or promulgating according to its competence, and guiding the implementation of, legal documents on licensing of service provision; connection; technical standards and specifications; quality, charge rates, Internet resources; information safety, licensing, of electronic newspapers and publication on the Internet, and regulations on management of electronic information on the Internet;
c/ Assuming the prime responsibility for and coordinating with concerned ministries and branches and People's Committees of provinces and centrally run cities in, managing and enforcing laws concerning the provision and use of Internet services; establishing, providing and using electronic information on the Internet, including licensing, registration, reporting statistic, inspection, examination, handling of violation, settlement of complaints and denunciations according to its competence;
d/ Participating in international cooperation related to the Internet.
2. The Ministry of Public Security shall assure information security in the Internet domain, covering:
a/ Submitting to the Government for promulgation or promulgating according to its competence, and guiding the implementation of, legal documents on information security in Internet activities;
b/ Assuming the prime responsibility for, and coordinating with the Ministry of Information and Communication, concerned ministries and branches, local administrations and telecommunications and Internet enterprises in, organizing the implementation of technical and operational techniques to assure national security and prevent and combat crimes in Internet activities;
c/ Examining, inspecting and handling acts in violation of legal provisions on information security assurance in the Internet domain according to its competence;
d/ Participating in international cooperation in assuring information security in the Internet domain.
3. The Ministry of Planning and Investment and the Ministry of Finance shall coordinate with the Ministry of Information and Communication in formulating mechanisms and policies concerning investment and finance to promote Internet use in the Party's and State's agencies, schools, hospitals and research institutes and make the Internet available in rural, deep-lying, remote, border and island areas. The Ministry of Finance shall submit to the Government for promulgation of promulgate according to its competence, and guide the implementation of, regulations on charges and fees related to Internet resources.
4. The Ministry of Home Affairs shall perform the state management of civil cryptography with regard to confidential information on commercial and civil activities on the Internet.
5. Concerned ministries and branches shall coordinate with the Ministry of Information and Communication in submitting to the Government for promulgation or promulgate according to their competence, and guide the implementation of, regulations on and manage the provision and use of specialized applications services on the Internet in the domains under their management.
6. Provincial-level Peoples Committees shall, within the ambit of their powers and responsibilities, perform the state management of the Internet in their localities in accordance with the provisions of this Decree.
Article 6.- Prohibited acts
1. Abusing the Internet for the purposes of:
a/ Opposing the State of the Socialist Republic of Vietnam, undermining national security and social order and safety; destroying the all-people great unity bloc; spreading propaganda on wars of aggression; sowing hatred and conflict between nations, ethic groups and religions; spreading propaganda on and inciting violence, obscenity and debauchery, crime social evils, superstition; and destroying national fine customs and traditions;
b/ Disclosing state secrets and military, security, economic, foreign relation and other secrets as prescribed by law;
c/ Spreading information that distorts, slanders and hurts the prestige of organizations; the honor and dignity of citizens;
d/ Abusing the Internet for advertising, promoting, buying and selling goods and services banned by law.
2. Disrupting, destroying equipment systems and illegally obstructing the management, provision and use of Internet services and electronic information on the Internet.
3. Stealing and illegally using organizations' and individuals' passwords, key words and private information of organizations and individuals on the Internet.
4. Creating and installing harmful computer virus programs and software in order to commit any of acts specified in Article 71 of the Law on Information Technology.
PROVIDERS ND USERS OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET
Article 7.- Internet service providers
1.Internet service provider (ISP) is an enterprise of any economic sector which is established under Vietnamese law to provide Internet services to the public.
2. An internet service provider has the following rights and obligations:
a/ To establish Internet equipment system at its establishment and public service places in order to provide internet services in line with its license;
b/ To lease telecommunications transmission lines of licensed network infrastructure providers for establishment of its Internet equipment networks, direct international internet connection and provision of services to its Internet service agents and users;
c/ To use Internet resources according planning and regulations on management of Internet resources;
d/ To fully comply with state regulations on management of charge rates and internet services standards and quality;
e/ To deploy equipment and facilities and technical and operational plans to assure information safety and security under the guidance of competent state agencies;
f/ To set up places providing Internet services to the public, which must comply with regulations applicable to Internet agents, except those on business registration and signing of agency contracts;
g/ To enter into Internet service provision and use contracts with service users and sign Internet agency contracts with organizations and individuals. In case written contracts are made, on the basis of the provisions of law on contracts and the Internet, to formulate and issue model contracts for use within the whole enterprise;
h/ To refuse to provide services in the following cases: Internet service users violate the law on the Internet according to written conclusions of competent state agencies and fail to pay service charges to another service provider if it is so agreed in writing among service providers;
i/ To suspend or terminate the provision of services in the following cases: Internet access terminal devices cause unsafety to the Internet equipment system, Internet service providers and users; Internet service users fail to pay service charges as agreed upon between two parties; Internet service users illegally deal in Internet services; and it is so requested in writing by competent state agencies when Internet service users violate Article 6 of this Decree;
j/ Ten working days before providing services, to notify in writing or through the online environment at the Ministry of Information and Communication-prescribed addresses the Ministry of Information and Communication and the Ministry of Public Security of the time of starting the official provision of services and plans on provision of services;
k/ To guide and provide adequate information on the provision and use of services to users; to settle user complaints about charge rates and service quality;
l/ To guide and provide information on, examine and supervise their agents' performance of contracts;
m/ To implement the reporting regime and submit to the inspection and examination of competent state agencies according to regulations;
n/ To perform tasks as mobilized by the State in urgent cases and other public tasks.
Article 8.- Private Internet owners
1. Private Internet owner means an agency, organization or enterprise operating in Vietnam and establishing a private Internet according to regulations. Members of the network are members of the network-establishing agency, organization or enterprise. Membership is determined according to the operation charter, and document prescribing the organizational structure and apparatus of the agency, organization or enterprise or other relevant legal provisions.
2. A private Internet owner has the following rights and obligations: l
a/ To establish Internet equipment systems at places which it has the right to lawfully use in order to provide Internet services to network members;
b/ To lease or build telecommunications transmission lines for establishment of private Internets and direct international Internet connection;
c/ To use Internet resources according to planning and regulations on management of Internet resources;
d/ To suspend or terminate the provision of Internet access services if detecting a network member violating Article 6 of this Decree or it is so requested in writing by a competent state agency;
e/ To implement regulations on licensing, connection, standards, quality, charge rates, information and Internet resource safety and security;
r/ To implement the reporting regime and submit to the inspection and examination of competent state agencies according to regulations;
g/ To perform tasks as mobilized by the State in urgent cases and other public tasks.
Article9.- Internet agents
1.Internet agent means an organization or individual in Vietnam that provides in the name of an Internet service provider Internet access and Internet application services in telecommunications to users through agency contracts and enjoy remuneration therefrom.
2. Organizations and individuals being owners of hotels, restaurants, office buildings, airports, bus stations, etc., when providing Internet services for users free of charge within these sites shall enter into agency contracts with Internet service providers and fully comply with regulations on agents, except for those on charge rates for service users.
3. An Internet agent has the following rights and obligations:
a/ To establish Internet equipment systems at places which it has full right to use lawfully in order to provide Internet access services and Internet application services in telecommunications to users at these places at some charge or free of charge as agreed upon in agency contracts;
b/ To implement regulations on the provision and resale of Internet services;
c/ To refuse to provide services to users that violate Article 6 of this Decree or at the request of a competent state management agency;
d/ To comply with regulations on information safety and security assurance;
e/ To request Internet service providers to guide and supply information on how to perform contracts, and at the same time submit to the examination and supervision by principal enterprises;
f/ To observe daily opening and closing time according to regulations of local administrations;
g/ To submit to the inspection and examination by competent state agencies.
Article10.- Network infrastructure providers
1.Network infrastructure provider is a telecommunications enterprise licensed to establish networks and provide telecommunications services in accordance with law.
2. Concerning the provision and use of Internet services, a network infrastructure provider has the following obligations:
a/ To provide telecommunications transmission lines and unbundled local loops in a full and prompt manner at the request of Internet service providers on the basis of their contracts and under fair and reasonable conditions in order to ensure the prompt provision of Internet services, especiauy bandwidth ones;
b/ Not to discriminate between Internet service providers being their members and other ones when implementing the provision of Point a, Clause 2 of this Article;
c/ To collaborate with state management agencies and Internet service providers in assuring information safety and security and investigating and stopping illegal acts in Internet activities.
Article11.- Online social service providers
1.Online social service provider is an enterprise of any economic sector which is established under Vietnamese law to provide online social services for the public.
2. Online social service providers have the following responsibilities:
a/ To formulate regulations on the provision, use and exchange of information in accordance with this Decree's provisions on management of electronic information on the Internet;
b/ At the request of competent state management agencies, to provide information relating to service users that violate the provisions of Article 6 of this Decree;
c/ To block and remove information contents that violate the provisions of Article 6 of this Decree when detecting them or at the request of competent state agencies;
d/ To implement the reporting regime and submit to the inspection and examination by competent state management agencies according to regulations;
Article 12.- Internet service users
1. Internet service user means an organization or individual entering into a contract with an Internet service provider or Internet agent in order to use Internet services.
2. An Internet service user has the following rights and obligations: