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THE MINISTRY OF
INFORMATION AND COMMUNICATIONS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
38/2016/TT-BTTTT
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Hanoi, December
26, 2016
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CIRCULAR
SPECIFYING
CROSS-BORDER PROVISION OF PUBLIC INFORMATION
Pursuant to the Government’s Decree No.
132/2013/ND-CP dated October 16, 2013 providing for functions, duties, powers
and organizational structure of the Ministry of Information and Communications;
Pursuant to the Government’s Decree No.
72/2013/ND-CP dated July 15, 2013 on management, provision and usage of the
Internet service and online information;
At the request of the Director of the Department
of Radio, Television and Electronic Information,
The Minister of Information and Communications
hereby issues the Circular specifying cross-border provision of public
information.
Article 1. Scope and subjects of application
1. This Circular specifies cross-border provision
of public information used or accessed by people in Vietnam (hereinafter
referred to as cross-border public information provision).
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Article 2. General provisions
1. Cross-border public information provision is
defined as an activity where an overseas organization or individual uses
electronic information pages, social networking sites, online applications,
search services and other online equivalents in order to provide public
information accessed or used by both an entity and an individual in Vietnam.
2. Vietnam’s regulatory authorities shall have the
power to take necessary actions to ensure compliance with policies on
development and management of online information under the provisions of Clause
4, 5 Article 4 of the Decree No. 72/2013/ND-CP where:
a) overseas organizations or individuals providing
public information across borders have been in breach of provisions set forth
in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP;
b) overseas organizations or individuals have
failed to collaborate with the Ministry of Information and Communications in
dealing with information provided in breach of provisions set forth in Clause 1
Article 5 of the Decree No. 72/2013/ND-CP;
Article 3. Responsibilities of overseas
organizations and individuals in relation to cross-border public information
provision
1. Comply with Vietnam’s laws and regulations when
providing public information for users in Vietnam.
2. Where organizations or individuals involved in
cross-border public information provision activities rent digital information
storage facilities within the territory of Vietnam so as to provide their
services or are reported to provide public information to be used or accessed
by at least 01 (one) million of internet users in Vietnam a month, they shall
have the following rights and obligations:
a) Notify contact information to the Ministry of
Information and Communications in accordance with Article 4 hereof;
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Article 4. Information and method of
notification
1. Contact information of overseas organizations or
individuals involved in cross-border public information provision activities
shall be comprised of the followings:
a) In case of an organization, registered name,
transactional name, and name of the licensing country are required; in case of
an individual, name of such individual is required;
b) Main office address of an organization,
permanent residence address and nationality of an individual owning an
electronic information page and location of the main server system;
c) Principal contact agent of an overseas
organization or individual and principal contact agent operated within the
territory of Vietnam, including the following information such as name of an
organization, individual, contact email address and telephone number.
2. Overseas organizations or individuals shall send
written notice to the Ministry of Information and Communications in a direct
manner, by post or to the email address report38@mic.gov.vn.
Article 5. Principles, methods and mechanisms
for cooperation in dealing with illegal online information
1. The Ministry of Information and Communications
shall consult provisions laid down in Clause 1 Article 5 of the Decree No.
72/2013/ND-CP in order to determine illegal information that need to be deleted
or prevented from being accessed or used by people in Vietnam.
The Ministry of Information and Communications
shall send a request, whether in writing or by an electronic means, for
cooperation with overseas organizations or individuals in dealing with illegal
information as prescribed by Clause 1 Article 5 of the Decree No. 72/2013/ND-CP.
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After such duration, if these organizations or
individuals neither handle illegal information as requested nor make any
response to the request, the Ministry of Information and Communications shall
send the second request. Where, within the duration of 24 hours after receiving
the Ministry's second request, their failure to do so remains, the Ministry of
Information and Communications shall implement necessary technical measures.
2. When detecting any information which is in
breach of provisions set forth in Clause 1 Article 5 of the Decree No.
72/2013/ND-CP and harms national benefits of Vietnam, Vietnam’s regulatory
authorities must promptly implement technical measures necessary to preventing
such information from reaching users in Vietnam as well as send a request for
handling of such illegal information under the process referred to in Clause 1
Article 5 of this Circular.
The said measures expressed in the form of
information block shall be lifted only after such illegal information has been
duly handled by organizations or individuals receiving the request from the
Ministry of Information and Communications.
Article 6. Rights and obligations of
telecommunications enterprises, or enterprises leasing digital information
storage facilities in Vietnam
1. Telecommunications enterprises, or enterprises
leasing digital information storage facilities in Vietnam shall be responsible
for sending a timely report to the Ministry of Information and Communications
(the Department of Radio, Television and Electronic Information) in writing, by
telephone or to the email address report38@mic.gov.vn within the
permitted duration of 03 (three) hours right after any information in violation
of provisions laid down in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP
is detected.
2. Telecommunications enterprises shall assume the
following responsibilities:
a) Take technical actions necessary to ensure
compliance with provisions set forth in Article 5 hereof at the request of the
Ministry of Information and Communications. The maximum completion time is 03
(three) hours from receipt of the request;
b) Prepare a report on the number of people in
Vietnam accessing to electronic information pages providing public information
across borders at the request of the Ministry of Information and Communications
(the Department of Radio, Television and Electronic Information).
3. Enterprises providing digital information
storage facilities for lease in Vietnam shall take responsibility to notify the
Ministry of Information and Communications (the Department of Radio, Television
and Electronic Information) of leasing out such facilities to overseas
organizations or individuals in Vietnam to serve the purpose of providing
public information to users in Vietnam every 06 months on the 15th
day of June or the 15th day of December, or send an ad-hoc report
where requested.
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b) Such notification is sent directly, by post or
to the email address report38@mic.gov.vn;
c) Not later than 10 (ten) working days,
enterprises providing digital information storage facilities for lease in
Vietnam are obliged to send any modified notification where there is any change
to the previous one in accordance with provisions laid down in Point a Clause 3
of this Article.
Article 7. Rights and obligations of users of
public information in Vietnam
When finding that any public information provided
by overseas organizations or individuals across borders is in breach of
regulations laid down in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP,
users in Vietnam shall be assigned the following rights and obligations:
1. Notify any information found illegal to overseas
organizations and individuals.
2. Notify such violation to the Ministry of
Information and Communications by sending a notification directly, by post or
to the email address report38@mic.gov.vn.
3. File a lawsuit to the People’s Court having
appropriate jurisdiction in Vietnam if there is any illegal information
affecting lawful rights and interests of organizations or individuals in
accordance with legislation of the Socialist Republic of Vietnam.
Article 8. Entry into force
1. This Circular shall enter into force from February
15, 2017.
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THE MINISTER
Truong Minh Tuan