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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 72/2013/ND-CP
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Hanoi, July 15, 2013
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DECREE
ON THE
MANAGEMENT, PROVISION, AND USE OF INTERNET SERVICES AND ONLINE INFORMATION
Pursuant to the Law on Government organization dated
December 25, 2001;
Pursuant to the Law on telecommunications dated November
23, 2009;
Pursuant to the Law on Information technology dated June
29, 2006;
Pursuant to the Law on Press dated December 28, 1989 and
the Law on Amendments to the Law on Press dated June 12, 1999;
Pursuant to the Law on Publishing dated November 20,
2012;
At the request of the Minister of Information and
Communications;
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Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree specifies the management, provision, use of
Internet services, online information, and online games, and assurance of information
security; rights and obligations of organizations and individuals to the
management, provision, use of Internet services, online information, online
games, and assurance of information security.
Article 2. Subjects of application
This Decree is applicable to Vietnamese and foreign
organizations and individuals engaged in or related to the management,
provision, use of Internet services, online information, and online games, and
assurance of information security.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Network refers to telecommunications network (fixed,
mobile, Internet) and computer network (WAN, LAN)
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a) Internet access service is the services that allow
Internet users to access the Internet;
b) Internet connection service is the service that allows
Internet service providers and telecommunications service providers to connect
with each other to share Internet load.
3. Internet exchange point is a system of telecommunication
devices installed by an organization or enterprise to provide Internet
connection services.
4. Internet service providers are telecommunication
enterprise that provide internet services defined in Clause 2 of this Article.
5. Internet agents are organizations and individuals that
provide Internet access services for users under internet agent contracts with
Internet access service providers to get commission, or resell Internet access
services to reap benefits from price differences.
6. Public Internet access points include:
a) The locations where Internet agents may provide services
legally;
b) Public Internet access points of enterprises are the
locations under the management of affiliated units or representatives of
Internet service providers where Internet access services are provided for
Internet users.
c) Public Internet access points in hotels, restaurants,
docks, bus stations, coffee shops, and other public places are locations where
organizations and individuals may legally provide Internet access services for
Internet users.
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8. Internet resources are the names and numbers under the
management of Vietnam, including:
a) The country code top-level domain names “.vn” (hereinafter
referred to as “.vn" domain names) other domain names related to national
interests of Vietnam; Internet addresses, network codes, names and other
numbers that are allocated to Vietnam via Vietnam Internet Network Information
Center (VNNIC);
b) Other international domain names, Internet addresses,
names and numbers allocated to organizations and individuals in Vietnam by
international organizations.
9. Online game services (hereinafter referred to as game
services) are the provision of access to the Internet and online games.
10. Online game service providers (hereinafter referred to
as game service providers) are enterprises established in accordance with
Vietnam’s law that provide game services by establish a system of equipment and
the legal use of video games.
11. Gaming centers are places where organizations and
individuals may legally provide players with access to the Internet and video
games by establishing a system of equipment at such locations.
12. Online game players (hereinafter referred to as players)
are the individuals that enter into contracts with game service providers or
gaming centers to play video games
13. Online information is information transmitted,
collected, and processed via the Internet.
14. Public information is online information of an
organization or individual that is publicly provided without identifications or
addresses of receivers.
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16. Private information is the information associated with
the identifications of individuals, including names, ages, addresses, ID
numbers, phone numbers, email addresses, and other information defined by law.
17. Information service mean provision of public information
for service users.
18. Official sources are the information posted or published
on Vietnam’s newspapers or websites of the State according to the laws on press
and intellectual property.
19. News is information that is collected from multiple
sources about politics, economics, culture, or society.
20. Information system is a combination of
telecommunications and IT equipment, including hardware, software, and database
serving the storage, processing, transmission, sharing, exchange, provision,
and use of information.
21. A website is a system of information used for
establishing one or multiple pages of information that are displayed in the
form of symbols, digits, text, video, audio, and other forms of information
serving the provision and use of information on the Internet.
22. Social networking site is a system of information that
provides its users with services such as storage, provision, use, search,
sharing, and exchange of information, including the provision of private
websites, forums, online chats, audio and video sharing, and other similar
services.
23. Information safety is the protection for information and
information system from illegal access, use, revelation, interruption, or
alteration of information in order to ensure the integrity, security, and
utility of information.
24. Information security is to ensure that online
information does not threaten national security, social order, state secrets,
the lawful rights and interests of organizations and individuals.
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1. Encourage the use of Internet in all economic and social
activities, especially in education, health care, and scientific research in
order to raise productivity, create jobs, and improve the quality of life.
2. Encourage the development of contents and applications in
Vietnamese to serve Vietnamese community on the Internet. Enhance the upload of
healthy and useful information to the Internet.
3. Develop broadband Internet infrastructure in schools,
hospitals, research institutes, libraries, state agencies, enterprises, public
Internet access points, and households. Focus on the provision of Internet
services in rural areas, remote areas, bordering areas, islands, and areas
facing extreme socio-economic difficulties.
4. Prevent the abuse of the Internet to threaten national
security, social order and safety, to contradict the code of ethics,
traditions, and law, Take measures to protect children, adolescents and young
people from negative impacts of the internet.
5. Ensure that only legal information is transmitted, even
across the border, to Internet users in Vietnam.
6. Encourage and facilitate the use of “.vn" domain
names, domain names in Vietnamese, and the conversion to addresses using IPv6
technology (hereinafter referred to as IPv6 technology).
7. Intensify international cooperation in Internet on the
basis of mutual benefits, conformity with Vietnam’s law and the International
Agreements to which the Socialist Republic of Vietnam is a signatory.
Article 5. Prohibited acts
1. Using the provision and use of internet services and
online information for:
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b) Propagating and incite violence, obscenity, pornography,
crimes, social problems, superstition; contradicting national traditions;
c) Revealing state secrets, military, economic, diplomacy
secrets, and other secrets defined by the State;
d) Providing false information, slandering or damaging
reputation of organizations or dignity of individuals;
dd) Advertising, propagating, trading in banned goods or
services; spreading banned publications;
e) Impersonating other organizations and individuals to
spread false information, which violates the lawful rights and interests of
other organizations and individuals.
2. Illegally obstructing the lawful provision and access to
information, the provision and use of lawful services on the Internet of other
organizations and individuals.
3. Illegally obstructing the operation of “.vn” domain name
system servers (DNS servers), lawful operation of Internet service and online
information provision systems.
4. Illegally using passwords of other organizations and
individuals, private information, and Internet resources.
5. Creating illegal links to lawful domain names of other
organizations and individuals; creating, installing, spreading harmful software
or computer virus; illegally accessing or taking control of info systems;
making attack tools on the Internet.
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MANAGEMENT, PROVISION, AND USE OF INTERNET SERVICES
INTERNET RESOURCES
SECTION 1. INTERNET SERVICES
Article 6. Licensing internet services
1. Enterprises may provide internet services after obtaining
the license to provide internet services.
2. The issuance, adjustment, extension, revocation, and
reissuance of the license to provide internet services are provided for in
Article 35, Article 36, Article 38, Article 39 of the Law on
telecommunications, Article 18, Article 23, Article 24, and Article 28 of the
Government's Decree No. 25/2011/ND-CP dated April 06, 2011 o elaborating some
Articles of the Law on telecommunications.
Article 7. Rights and obligations of
Internet service providers
Apart from the rights and obligations of telecommunications
service providers specified in Clause 1 Article 14 of the Law on
telecommunications, Internet service providers also have to:
1. Send notice of official internet service provision to the
Ministry of Information and Communications (the Vietnam Telecommunications
Authority) before the official service provision as prescribed by the Ministry
of Information and Communications;
2. Register the form of Internet agent applications and
internet service contracts with the Ministry of Information and Communications
(the Vietnam Telecommunications Authority).
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1. An Internet agent may operate when the conditions below
are satisfied:
a) The Internet agent business is registered;
b) An Internet agent contract is signed with the Internet
service providers;
c) The provision of game services must comply with Clause 1
Article 35 of this Decree.
2. Owners of public Internet access points of enterprises are
exempt from registering the Internet agent business and signing Internet agent
contracts. The provision of game services must comply with Clause 1 Article 35
of this Decree.
3. Owners of public Internet access points in hotels,
restaurants, docks, bus stations, coffee shops, and other public places shall:
a) Not register the Internet agent business nor sign
Internet agent contract if services are provided free of charge;
b) Register the Internet agent business and sign Internet agent
contract if services are charged;
Article 9. Rights and obligations of
owners of public Internet access points
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a) Establishing a system of terminal devices at the licensed
place to provide Internet access services for users at the place;
b) Putting up the sign saying “Internet agent” together with
the registration number;
c) Putting up the regulations on Internet service provision
in noticeable positions, specifying the prohibited acts specified in Article 5
of this Decree, rights and obligations of Internet users in Article 10 of this
enterprise;
d) Providing Internet access services in accordance with the
quality and charges in the Internet agent contract;
dd) The rights and obligations of owners of gaming centers
in Article 36 of this Decree.
e) Preventing Internet users from using the computers to
commit the prohibited acts in Article 5 of this Decree.
a) Requesting the enterprise that signs the Internet agent
contract to provide guidance and information about Internet access services,
and facilitate the inspections and supervisions carried out by that enterprise;
h) Joining in the training courses in Internet offered by
local state agencies and Internet service providers;
i) Complying with the regulations on information safety and
information security.
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a) Putting up the sign "Public Internet access points”
which specify the name of the enterprise and number of the license to provide
internet services;
b) The rights and obligations specified in Points a, c, dd,
e, h, i Clause 1 of this Article.
3. Owners of public Internet access points in hotels,
restaurants, docks, bus stations, coffee shops, and other public places where
charged Internet access services are provided shall:
a) Comply with the opening and closing hours;
b) Have the rights and obligations specified in Points a, c,
d, e, g, h i Clause 1 of this Article.
4. Owners of public Internet access points in hotels,
restaurants, docks, bus stations, coffee shops, and other public places where
Internet access services are provided free of charged shall:
a) Comply with the opening and closing hours;
b) Have the rights and obligations specified in Points a, c,
e, h, i Clause 1 of this Article.
Article 10. Rights and obligations of
Internet users
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1. Using services on the Internet, except for the banned
services defined by law.
2. Complying with the opening and closing hours of public
Internet access points.
3. Do not resell Internet services in any shape or form.
4. Complying with the information safety, information
security, and relevant regulations in this Decree.
Article 11. Internet connection
1. Internet service providers may connect with the
international network, with each other, and Internet exchange points.
2. Vietnam National Internet eXchange (VNIX) is the Internet
exchange point of Vietnam Internet Network Information Center, which is
established by the Ministry of Information and Communications to:
a) Ensure the safety for the operation of the entire Vietnam’s
Internet network when the domestic and international telecommunications
networks malfunction;
b) Establish a network to experiment IPv6;
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d) Connect Internet service providers in a non-profit manner
to raise the quality and reduce prices.
3. The Ministry of Information and Communications shall:
a) Specify the operation of VNIX;
b) Provide polices to enable Internet service providers to
connect with each other, with VNIX and other Internet exchange points.
SECTION 2. INTERNET RESOURCES
Article 12. Domain name registration
1. The Ministry of Information and Communications shall
manage “.vn" domain names and international domain names allocated to organizations
and individuals in Vietnam by international organizations.
2. All organizations and individuals are entitled to
register “.vn" domain names and international domain names.
3. “.vn" domain names shall be registered at domain
name registrars.
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a) Equitability and impartiality principle;
b) First come - first serve principle, except for the domain
names put up for auction;
c) Conformity with the regulations on protection of
“.vn" domain names in Article 68 of the Law on Information technology;
d) Conformity with the regulations on auction and transfer
of domain names in the Law on telecommunications.
5. Domain names registered by organizations and individuals
must not contain phrases that threatens the national interests or are contrary
to social ethics and national traditions; domain names must avoid confusion or
distortion due to ambiguity or absence of Vietnamese tone marks.
6. The organizations and individuals other than agencies of
the communist party and state agencies must not register and use the domains
that are names of agencies of the communist party and state agencies.
7. The Ministry of Information and Communications shall
specify the conditions and procedure for registering and revoking “.vn"
domain names.
Article 13. ".vn" DNS servers
1. “.vn” DNS server is the technical system that ensures the
operation of “.vn" domain names on the Internet. The Ministry of
Information and Communications (Vietnam Internet Network Information Center)
shall establish and operate “.vn” DNS servers.
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Article 14. ".vn" domain name
registrars
1. ".vn" domain registrars are enterprises that
provide “.vn" domain names registration and maintenance services.
2. Every ".vn" domain registrar may provide
services when the conditions below are satisfied:
a) The enterprise is established in accordance with
Vietnam's law, or an overseas organization signs a contract with an accredited
registrar of Internet Corporation for Assigned Names and Numbers (ICANN);
b) The provision of domain name registration services is
registered;
c) The technical capacity and personnel is sufficient for
provision of domain name registration and maintenance services;
d) Contracts are signed with Vietnam Internet Network
Information Center to become a ".vn" domain registrar.
3. ".vn" domain registrars have the rights and
obligations below:
a) Organizing the registration and maintenance of domain
names in accordance with law;
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c) Establishing DNS servers, service provision systems, and
taking measures for ensuring safety for domain names and domain name data of
organizations and individuals;
d) Being provided with guidance and information on domain
name registration; facilitating the inspections carried out by the Ministry of
Information and Communications;
dd) Refusing to provide services for the organizations and
individuals that fail to comply with the regulations on domain name
registration;
e) Suspending and revoking domain names at the request of
competent authorities;
g) Domestic ".vn" domain registrars must use
primary DNS servers that use “.vn" domain names when providing services;
h) Making and providing application forms and procedure for
domain name registration as prescribed by the Ministry of Information and
Communications;
i) Making reports, providing information, and cooperate with
competent authorities.
Article 15. International domain name
registrars in Vietnam
1. International domain name registrars are enterprises that
provide international domain name registration and maintenance services in
Vietnam.
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a) The enterprise is established in accordance with
Vietnam's law;
b) The provision of domain name registration services is
registered;
c) Contracts are signed with ICANN or an accredited
registrar of ICANN to provide international domain name registration services
in Vietnam.
3. International domain name registrars have the rights and
obligations below:
a) Managing information about the organizations and
individuals in Vietnam that register international domain names, including
their names, residences, phone numbers, fax numbers, email addresses of
organizations, dates of birth, ID numbers, dates of issues, residences, phone
numbers, and email addresses of individuals;
b) Instructing organizations and individuals that register
international domain names to use international domain names in accordance with
regulations of the Ministry of Information and Communications;
c) Sending reports to the Ministry of Information and
Communications;
d) Providing information and cooperate with competent
authorities to settle the cases related the international domain names under
their management.
Article 16. Settling disputes over
domain names
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a) Negotiation and conciliation;
b) Arbitration;
c) Lawsuits.
2. Basis for settling disputes over domain names at the
request of the plaintiff:
a) The domain name under dispute is identical or similar to
the domain name of the plaintiff; identical or similar to a trademark or brand
name
b) The defendant has no lawful right or interest related to
the domain name;
c) The defendant leases out or transfer the domain name to
the plaintiff who owns the brand name or trademark that is identical or
confusingly similar to the domain name; leases out or transfer the domain name
to the competitor of the plaintiff for self-seeking purposes or for illicit
profits.
d) The defendant appropriates the domain or prevents the
plaintiff who owns the brand name or trademark that from registering the
corresponding domain name for unhealthy competition;
dd) The defendant uses the domain name to tarnish the
reputation of the plaintiff, obstruct the business of the plaintiff, or cause
confusion and destroy the trust of the public in the brand name or trademark of
the plaintiff for unhealthy competition.
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3. The defendant is considered to have lawful rights and
interests related to the domain name if one of the conditions below is
satisfied:
a) It is proved that the domain name or the corresponding
name is used or intended to be used for the provision of real products or
services before the dispute arises.
b) The domain name is known by the public though without
trademark;
c) The domain name is being used legitimately for
non-commercial purposes or does not cause confusion, which affects the brand
name or trademark of the plaintiff;
d) There is evidence for the legitimacy of the domain name
of the defendant.
4. The domain management shall settle the dispute over the
domain in accordance with the record of successful conciliation, or the
effective decision of the arbitration service, or the effective judgment or
decision of the court.
Article 17. Allocation, issuance, and
revocation of Internet addresses and network codes
1. The Ministry of Information and Communications shall
register Internet addresses and network codes with international organizations;
allocate Internet addresses and network codes to Internet service providers and
other Internet address members in Vietnam.
2. Internet service providers may issue the Internet
addresses allocated to them to their Internet subscribers.
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4. The Ministry of Information and Communications shall
specify the conditions and procedure for the allocation, issuance, and
revocation of Internet addresses and network codes.
Article 18. Urging application of IPv6
technology
1. IPv6 technology is in the list of prioritized high
technologies. The research, production, and import of equipment, software, and
application of IPv6 technology shall be given incentives and support according
to the Law on High technologies.
2. Internet service providers are encouraged to invest in
the development of network systems using IPv6 technology.
3. When state agencies invest in or procure new equipment
connected to the Internet, they must ensure that the equipment supports IPv6
technology as prescribed by the Ministry of Information and Communications.
4. The Ministry of Information and Communications shall
cooperate with relevant Ministries and agencies in formulating policies on the
support for and the plan for ensuring all telecommunications and IT equipment
and software that are produced in Vietnam and imported to Vietnam support IPv6
technology, aiming to totally stopping the production and import of equipment
and software programs that do not support IPv6 technology.
5. The Ministry of Education and Training shall provide
guidance on the application of IPv6 technology into the training programs of
universities and colleges that provide training in information technology and
telecommunications.
Article 19. Rights and obligations of
organizations and individuals that use Internet resources
1. Organizations and individuals that register and use
“.vn" domain names have the rights and obligations below:
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b) Taking responsibility for the management and use of their
domain names in accordance with law.
2. Organizations and individuals that use international
domain names must send reports to the Ministry of Information and
Communications according to Article 23 of the Law on Information technology.
The Ministry of Information and Communications shall specify the procedure for
reporting the use of international domain names.
3. Organizations that use Internet addresses and network
codes must route, use the internet addresses and network codes in accordance
with regulations of the Ministry of Information and Communications.
4. Organizations and individuals that use Internet resources
must provide information and cooperate with competent authorities at their
request.
5. Organizations and individuals that use Internet resources
must pay registration fees and Internet resource sustention fee as prescribed.
Chapter 3.
MANAGEMENT, PROVISION, AND USE OF ONLINE INFORMATION
SECTION 1. GENERAL REGULATIONS
Article 20. Website classification
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1. Electronic newspapers in the form of websites.
2. News websites are websites of organizations and
enterprises that post news cited from official sources, specify the authors or
managing agencies of the official sources, and the time when such information
is posted.
3. Internal websites are websites of organizations and
enterprises that post information about the functions, tasks, powers,
organization structure, services, products, business lines, and other
information serving their operation. Those websites do not post news.
4. Private websites are websites established by individuals
or via social networking sites to provide and exchange private information.
Those websites neither represent other organizations and individuals nor
provide news.
5. Specialized websites are websites of organizations and
enterprises that provide applications for telecommunications, information
technology, radio and television, commerce, finance, banking, culture, health
care, education, and other fields. Those websites do not post news.
Article 21. Management, provision, and
use of online information
1. The management, provision, and use of online information
in the form of electronic newspapers, electronic publications and online
advertisements must comply with the laws on press, publishing, and advertising.
2. The management, provision, and use of online information
in the form of social networking sites and news websites must comply with
Section 2 Chapter III and relevant regulations of this Decree.
3. The management, provision, and use of online information
on mobile networks must comply with Section 3 Chapter III and relevant
regulations in this Decree.
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5. Organizations and individuals shall take responsibility
for the information they store, transmit, provide, or spread online.
6. Private information of organizations and individuals
shall be kept confidential in accordance with law. The control of private
information online shall be carried out by competent state authorities in
accordance with law.
7. Organizations and enterprises that provide online services
must not reveal personal information of service users, except in the cases
below:
a) The users agree to provide information;
b) Organizations and enterprises reach written agreements on
the provision of personal information to calculate charges, make invoices, and
prevent avoidance of contractual obligations;
c) At the request of competent authorities as prescribed by
law.
8. Organizations and individuals engaged in the management,
provision, and use of online shall protect state secrets in accordance with
law. Organizations and individuals shall encrypt the information classified as
state secrets when storing and posting them online.
Article 22. Providing public
information across the border
1. The foreign organizations, enterprises, and individuals
that provide public information across the border, which is accessed by
Vietnamese people or from people in Vietnam, must comply with Vietnam’s law.
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SECTION 2. WEBSITES AND SOCIAL NETWORKING
SITES
Article 23. Managing the establishment
of websites and social networking sites
1. Electronic newspapers in the form of websites may be
established and operate in accordance with the laws on press.
2. Specialized websites may be established and operate in
accordance with specialized laws and relevant regulations of this Decree.
3. Private websites and internal websites must comply with
the regulations on registration and use of Internet resources, and relevant
regulations of this Decree.
4. Organizations and enterprises shall only establish news
websites and social networking sites after obtaining the license to establish
news websites and license to establish social networking sites.
5. Every organization or enterprise shall be issued with the
license to establish news websites or license to establish social networking
sites when the conditions below are satisfied:
a) The organization or enterprise is established within
Vietnam’s law and its functions, tasks, or registered business lines are
conformable with the services and information provided;
b) The management personnel meet the requirements of the
Ministry of Information and Communications;
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d) The financial and technical capacity, organizational
structure, and personnel are suitable for the scale;
d) Measures are taken for ensuring information safety and
information security.
6. The duration of the license to establish news websites or
license to establish social networking sites depends on the demand of the
organization or enterprise, and shall not exceed 10 years.
7. The Ministry of Information and Communications shall
issue license to establish social networking sites.
8. The Administration of radio, television and electronic
information - the Ministry of Information and Communications shall issue
licenses to establish news websites to press agencies, diplomatic and consular
agencies, organizations affiliated to central government, religious
organizations that operate legally in Vietnam, governmental and
non-governmental organizations that legally operate in Vietnam; Services of
Information and Communications, and other organizations prescribed by the
Ministry of Information and Communications.
9. Services of Information and Communications shall issue
licenses to establish news websites to the organizations and enterprises not
being mentioned in Clause 8 of this Article.
10. The Ministry of Information and Communications shall
specify the conditions and procedures for issuing, adjusting, extending,
revoking, and reissuing licenses to establish news websites and licenses to
establish social networking sites.
11. The Ministry of Finance shall cooperate with the Ministry
of Information and Communications in imposing the fines for the issuance of
licenses to establish news websites and licenses to establish social networking
sites.
Article 24. Rights and obligations of
organizations and enterprises that establish news websites
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1. Establishing websites to collect and provide news for the
public in accordance with law;
2. Having at least 01 server system in Vietnam serving the
inspection, storage, and provision of information at the request of competent
authorities, and settlement of customers' complaints about the service
provisions in accordance with regulations of the Ministry of Information and
Communications;
3. Formulating a procedure for public information
management;
4. Supervise and eliminate
improper information according to Article 5 of this Decree when it is found or
at the request of competent authorities.
5. Complying with the laws on intellectual property related
to the provision and use of information;
6. Storing the information for at least 90 days from the day
on which it is posted on the news website;
7. Making reports and facilitate the inspections carried out
by competent authorities.
Article 25. Rights and obligations of
organizations and enterprises that establish social networking sites
Rights and obligations of organizations and enterprises that
establish social networking sites
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2. Announce the agreements on provision and use of social
networking site services;
3. Take measures for protecting private information of
users; notifying users of their rights, obligations, and risks when storing, exchanging,
and sharing information online.
4. Ensuring the right to make decisions of users when they
allow their personal information to be provided for other organizations,
enterprises, and individuals;
5. Do not provide public information that violates Article 5
of this Decree;
6. Cooperating with competent authorities to eliminate or
prevent information that violates Article 5 of this Decree at their request.
7. Providing private information of the users related to terrorism,
crimes, and violations of law at the request of competent authorities;
8. Having at least 01 server system in Vietnam serving the
inspection, storage, and provision of information at the request of competent
authorities, and settlement of customers' complaints about the service
provisions in accordance with regulations of the Ministry of Information and
Communications;
9. Registering, storing, and managing personal information
of the persons that establish personal websites and other information providers
on social networking sites according to regulations of the Ministry of
Information and Communications. Ensure that only the persons that provide
accurately their personal information are allowed to establish personal
websites or provide information on social networking sites.
10. Making reports and facilitate the inspections carried
out by competent authorities.
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Apart from the rights and obligations of Internet users in
Article 10 of this Decree, social networking site users also have the rights
and obligations below:
1. Using services of the social networking sites, except for
the banned services defined by law.
2. Having their private information kept confidential in
accordance with law.
3. Complying with the Regulation on management, provision,
and use of social networking site services;
4. Taking responsibility for the information stored,
provided, and shared on social networking sites, or spread via direct links.
SECTION 3. PROVIDING INFORMATION SERVICES
ON MOBILE NETWORKS
Article 27. Providing information
services on mobile networks
1. Organizations and enterprises may only provide
information services on mobile networks after registering the provision of
information services on mobile networks as prescribed by the Ministry of
Information and Communications.
2. Conditions for registering the provision of information
services on mobile networks
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b) The financial and technical capacity, organizational
structure, and personnel are suitable for the operation scale;
c) Measures are taken for ensuring information safety and
information security.
3. The Ministry of Information and Communications shall
specify the procedure for registering the provision of information services on
mobile networks, the connection between providers of online information
services with mobile telecommunications companies, and other regulations
related to the management, provision, and use of information services on mobile
networks.
Article 28. Rights and obligations of
providers of information services on mobile networks
Rights and obligations of providers of information services
on mobile networks
1. Installing equipment systems at the locations to which
they are entitled, hiring telecommunication transmission lines to connect to
telecommunication enterprises.
2. Having at least 01 server system in Vietnam serving the
inspection, storage, and provision of information at the request of competent
authorities, and settlement of customers' complaints about the service
provisions in accordance with regulations of the Ministry of Information and
Communications;
3. Being given telecommunication numbers and Internet
resources according to the planning and regulations on telecommunications
resource management;
4. Providing information in accordance with relevant laws;
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6. Providing services consistently with the promised quality
and prices;
7. Making reports and facilitate the inspections carried out
by competent authorities.
Article 29. Rights and obligations of
mobile telecommunication enterprises.
Rights and obligations of mobile telecommunication
enterprises:
1. Cooperating with providers of information services on
mobile networks on the basis of:
a) Negotiation, equitability, reasonability, ensuring the
rights and interests of all parties;
b) Efficiently use of telecommunications resources and
telecommunications infrastructure;
c) The safe and uniform operation of telecommunications
networks;
d) Protection of the lawful rights and interests of
telecommunications service users and relevant organizations and individuals;
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e) Avoid discrimination by connection, prices, payment,
technical regulations and standards, quality of networks and telecommunications
services.
2. Refusing to connect to the organizations and enterprises
that do not register the provision of information services on mobile networks
according to Clause 1 Article 27 of this Decree;
3. Suspending or disconnecting with providers of information
services on mobile networks that violate the regulations on service provisions
at the request in writing of competent authorities.
4. Cooperating with providers of information services on
mobile networks in settling complaints or customers’ disputes over charges and
service quality.
5. Making reports and facilitate the inspections carried out
by competent authorities.
Article 30. Rights and obligations of
users of information services on mobile networks
Rights and obligations of users of information services on
mobile networks:
1. Using information services on mobile networks, except for
services banned by law;
2. Complying with the regulations on the use of information
services on mobile networks and telecommunications services prescribed by law;
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4. Making complaints or denunciations if the services
provided are not consistent with the services announced or promised by the
service provider.
Chapter 4.
ONLINE GAMES
Article 31. Management of online games
1. Online games are classified as follows:
a) Classification by method of service provision and use:
- Video games that have interaction among multiple players via
the game server (hereinafter referred to as G1 games);
- Video games that only have interaction between the players
and the game server (hereinafter referred to as G2 games);
- Video games that have interaction among multiple players without
interaction between players and the game server (hereinafter referred to as G3
games);
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b) Classification by players’ ages and game contents. The
Ministry of Information and Communications shall specify the classification of
video games by ages.
2. Enterprises may provide G1 games after obtaining the
License to provide game services and the Decision to approve game contents
issued by the Ministry of Information and Communications.
3. Enterprises may provide G2, G3, and G4 games after
obtaining the Certificate of Registration of game service provision and
announcement of service provision of every game.
4. Foreign organizations and individuals that provide online
game services for Vietnamese users must establish enterprises in accordance
with Vietnam’s law in accordance with this Decree and the laws on foreign
investment.
Article 32. Licensing provision of G1
games
1. The License to provide game services shall be issued when
the conditions below are satisfied:
a) The enterprise is established in accordance with
Vietnam’s law and has registered the provision of online game services.
b) Domain names are registered to provide services;
c) Financial, technical capacity, organizational structure,
and personnel are suitable for the operation scale;
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2. The validity period of the License to provide game
services depends on the request of the enterprise and shall not exceed 10
years.
3. The Decision to approve game
contents shall be issue when the conditions below are satisfied:
a) The residual validity period of the License to provide
game services is at least 01 year;
b) The contents of the video game:
- Do not violate Clause 1 Article 5 of this Decree;
- Do not contain images or sounds that are horrifying,
brutal, sexual, or erotic which incite sexual desires, dissoluteness,
immortality, are contrary to traditional virtues and culture; do not distort
history;
- Do not contain images or sounds that depict suicide, use
of drug, alcohol and tobacco, terrorism, child abuse, child trafficking, and
other wrongful or unlawful acts.
- Satisfy other requirements of the Ministry of Information
and Communications.
c) Meet the technical requirements for providing game
services imposed by the Ministry of Information and Communications.
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5. The Ministry of Finance shall cooperate with the Ministry
of Information and Communications in imposing fees for licensing game services
and assessing video game contents.
Article 33. Registering G2, G3, G3 game
service provision
1. Conditions for registering game service provision
a) The enterprise is established in accordance with
Vietnam’s law and has registered the provision of online game services.
b) Domain names are registered to provide services if game
services are provided on the Internet;
c) The financial and technical capacity, organizational
structure, and personnel are suitable for provision of game services;
d) Measures are taken for ensuring information safety and
information security.
2. The Ministry of Information and Communications shall specify
the conditions and procedure for registration and announcement of game service
provision.
Article 34. Rights and obligations of
game service providers
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1. Hiring transmission lines of telecommunication
enterprises to connect the system that provides services on public
telecommunications networks;
2. Having at least 01 server system in Vietnam serving the
inspection, storage, and provision of information at the request of competent
authorities, and settlement of customers' complaints about the service
provisions in accordance with regulations of the Ministry of Information and
Communications;
3. Establishing websites about game services, specifying:
a) Classification the video games by ages;
b) Rules of each video game;
c) Regulations on the management of information and
activities of video games;
d) The rules for settling complaints and disputes among the
players, between the players and the service provider.
4. Taking measures for limiting negative impacts of the
video games provided, including:
a) Providing information about the approval for the contents
(of G1 games) or announcement (of G2, G3, and G4 games) in the advertisements,
on the website of the provider, and in every video game, including the name,
classification by age, and recommendations about unexpected impact on the
physical and mental health that the video games may have on players;
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5. Ensuring legitimate interests of players in accordance
with the rules announced; taking responsibility for the charges, service
quality, and information safety; settling complaints and disputes between
players and the provider, and among players;
6. Complying with regulations of the Ministry of Information
and Communications on virtual items (graphic images of items or characters
following certain rules established by the video game developers) and bonuses
(the way of giving bonuses is similar to the scoring system of the online
game);
7. The suspension of game services must be announced on the
website of the game at least 90 days before the intended suspension date;
taking measures for ensuring interests of players; sending written reports to
the Ministry of Information and Communications 15 days before the official
suspension date;
8. Taking measures for supervising messages of players as
prescribed by the Ministry of Information and Communications;
9. Do not advertising the video games that have not had
their contents approved (for G1 games) or been announced (for G2, G3, and G4
games) on forums, websites, newspapers, and other media;
10. Paying the fees for licensing and assessing contents of
G1 games;
11. Sending periodic and unscheduled reports to the Ministry
of Information and Communications at its request.
12. Facilitating the inspections carried out by competent
authorities.
Article 35. Conditions for opening
gaming centers
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2. The Certificate of eligibility to open gaming centers
shall be issued after the conditions below are satisfied:
a) The opening of the gaming center is registered;
b) The gaming center is located at least 200 m away from
gates of primary schools, middle schools, and high schools;
c) A sign saying “Gaming center” is put up, which specifies
the name, address, phone number, and business registration number;
The total area of computer rooms of the game center is at
least 50 m2 for urban areas in class I, class II, class III, at
least 40 m2 for urban areas in class IV, class V, and at least 30 m2
for other areas;
dd) Light and brightness in the computer rooms and balanced;
e) The procedure and equipment for fire prevention and
fighting are sufficient, according to regulations of the Ministry of Public Security;
g) The fee of issuance of the Certificate of eligibility to
open gaming centers is paid.
3. The Ministry of Information and Communications shall
specify the procedure for issuing, adjusting, extending, revoking, and
reissuing the Certificate of eligibility to open gaming centers.
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5. The Ministry of Finance shall cooperate with the Ministry
of Information and Communications in imposing the fee for the issuance of the
Certificate of eligibility to open gaming centers.
Article 36. Rights and obligations of
owners of gaming centers
Rights and obligations of owners of gaming centers:
1. Installing equipment to provide game services at the
location written on the Certificate of eligibility to open gaming centers;
2. Providing Internet access services after signing Internet
agent contracts with Internet access service providers;
3. Posting the regulations on the use of game services at
noticeable positions, including the prohibitions in Article 5 of this Decree,
rights and obligations of players in Article 37 of this Decree;
4. Posting the list of G1 games, of which the contents are
approved, together with the game classification by age (updated on the website
of the Ministry of Information and Communications: www.mic.gov.vn);
5. Do not allow Internet users to use their computers to
commit prohibited acts in Article 5 of this Decree;
6. Requesting the enterprise that signs the Internet agent
contract to provide instructions and information about Internet access
services; facilitating the inspections and supervisions carried out by that
enterprise;
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8. Do not open from 10:00 PM to 8:00 AM;
9. Complying with the regulations on information safety and
information security;
10. Facilitating the inspections carried out by competent
state management authorities.
Article 37. Rights and obligations of
players
Rights and obligations of players:
1. Playing video games, except for the video games banned by
law;
2. The rights and obligations of Internet users defined in
Article 10 of this Decree;
3. Select video games appropriate for their ages;
4. Do not use video games to commit violations against the
law;
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6. Comply with regulations on playing hours and opening
hours of gaming centers;
7. Having their interests protected by game service
providers in accordance with the rules of video games and the rules for
settling complaints and disputes posted on the website of the provider.
Chapter 5.
ASSURANCE OF INFORMATION SAFETY AND INFORMATION
SECURITY.
Article 38. Principles on assurance of
information safety and information security
1. Providers and users of Internet services and online information
are responsible for ensuring information safety and information security within
their information system; cooperating with competent authorities, other
organizations and individuals in ensuring online information safety and
information security.
2. Measures for ensuring online information safety and
information security must be regularly taken and comply with technical
regulations and standards of information safety and the laws on
telecommunications and Internet service quality.
Article 39. Responsibility of the State
for information safety and information security.
1. The Ministry of Information and Communications shall:
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b) Provide guidance, develop human resources; carry out
scientific research and application to information safety assurance;
c) Seek international cooperation in information safety assurance;
d) Carry out inspections, settling disputes, complains,
denunciations, and take action against violations of laws on information safety
assurance;
dd) Coordinate the works of units to ensure information
safety for the Ministries, agencies, local governments and enterprises;
e) Cooperate with the Ministry of Public Security in
instructing telecommunication enterprise, Internet service providers, providers
of public online information to prepare premises, connection ports, and
necessary technical measures for ensuring information safety and information
security;
g) Specify the registration, storage, and use of personal
information of individuals that post information on social networking sites, G1
game players, and user of other services on the Internet; the comparison of
such information with the identity database of the Ministry of Public Security.
2. The Ministry of Public Security shall:
a) Promulgate or request competent authorities to promulgate
and organize the implementation of legislative documents on information
security;
b) Provide guidance, develop human resources, carry out
scientific research and application of technologies to information security
assurance;
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d) Carry out inspections, settling disputes, complains,
denunciations, and take action against violations of laws on information
security assurance;
dd) Organize and provide guidance on collecting, detecting,
investigating, processing information and documents related to the provision
and use of internet services and online information for threatening national
security, social order and safety, state secrets, or committing other crimes;
e) Organize the development and use of identity database to
connect with providers of online services to verify personal information
serving the management, provision, and use of online information and services.
3. Government Cipher Agency - the Ministry of National
Defense shall:
a) Formulate and request the promulgation of legislative
documents on information security assurance;
b) Preside the management of research, production, trading,
and use of information security codes;
c) Conduct inspections, assessments, and certification of
conformity of products using information security codes.
4. The Ministry of Education and Training shall:
a) Propagate the laws on Internet among students; instruct
and enable students to use Internet for beneficial and practice activities
serving their study, their life, and their families;
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c) Provide training in information safety in universities
and colleges that provide training in information technology and telecommunications.
5. The Ministry of Labor, War Invalids and Social Affairs
shall take measures for protecting children, adolescents and young people from
harmful info and application on the Internet.
6. Ministries, ministerial agencies, and Governmental
agencies, within their competence, shall cooperate with the Ministry of
Information and Communications and the Ministry of Public Security in state
management of information safety and information security.
7. Provincial People’s Committees, within their competence,
shall perform state management of information safety and information security.
Article 40. Management of technical
regulations and standards on information safety
1. Certification of conformity of information system with
information safety regulations (hereinafter referred to as conformity
certification) is the certification that the information system is conformable
with technical regulations promulgated by the Ministry of Information and
Communications and mandatory information safety standards established by the
Ministry of Information and Communications.
2. Declaration of conformity of information system with
information safety regulations is the organization or enterprise declaring the
conformity of the information system with the technical regulations and
standards on information safety.
3. Owners of information systems shall carry out conformity
certification and conformity declaration in accordance with regulations of the
Ministry of Information and Communications.
4. Conformity certification bodies are the units accredited
or assigned by the Ministry of Information and Communications to carry out
conformity certification.
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Article 41. Providing information safety services
1. Information safety services are to protect information
and information systems, including consultancy, inspection, assessment,
supervision of information systems, and relevant services.
2. The Ministry of Information and Communications shall
provide guidance on the provision of information safety services.
Article 42. Classification of
information systems
1. Classification of information systems are the assessment
and determination of importance of such information systems to the entire
information and communication infrastructure, economic and social development,
national defense and security for providing solutions for assurance of
information safety and information security.
2. The Ministry of Information and Communications shall
cooperate with the Ministry of Public Security, relevant Ministries and
agencies in formulating and organizing the regulations on classification of
information systems, making the list of information systems of national
importance, requirements for information safety and information security of
information systems of national importance.
Article 43. Network emergency response
1. Computer emergency response is to handle and resolve the
accidents that threaten online information safety.
2. Computer emergency response must:
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b) Comply with the direction of the Ministry of Information
and Communications;
c) Seek cooperation with Vietnamese and international
organizations and enterprises.
3. Ministries, ministerial agencies, Governmental agencies,
telecommunication enterprise, Internet service providers, the organizations in
charge of information systems of national importance shall form or appoint
computer emergency response teams (CERT) to take actions within their
competence and cooperate with Vietnam Computer Emergency Response Team (VNCERT)
4. The Ministry of Information and Communications shall
formulate and organize the implementation of regulations on coordinating
network emergency response.
Article 44. Responsibility of
organizations and enterprises for information safety and information security
Vietnamese enterprises, Internet service providers,
providers of online information, game service providers are responsible for:
1. Deploying technical systems and techniques to ensure
information safety and information security.
2. Instructing Internet agents, public Internet access
points, and gaming centers to take measures for ensuring information safety and
information security.
3. Preparing premises, connection ports, and necessary technical
conditions for competent authorities to ensure information safety and
information security at the request of the Ministry of Information and
Communications and the Ministry of Public Security.
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Chapter 6.
IMPLEMENTATION
Article 45. Effect
1. This Decree takes effect on September 01, 2013.
2. The Government's Decree No. 97/2008/ND-CP dated August
28, 2008 on the management, provision, use of internet services and electronic
information on the Internet is abrogated on the effective date of this Decree.
The Joint Circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT dated July 14, 2005 of
the Ministry of Post and Telecommunications, the Ministry of Culture, Sports
and Tourism, the Ministry of Public Security, and the Ministry of Planning and
Investment on management of Internet agents, and the Joint Circular No.
60/2006/TTLT-BVHTT-BBCVT-BCA dated June 01, 2006 of the Ministry of Culture,
Sports and Tourism, the Ministry of Post and Telecommunications, and the
Ministry of Public Security on the management of online games.
Article 46. Organizing the
implementation
The Minister of Information and Communications are
responsible for providing guidance and inspecting the implementation of this
Decree.
The ministers, Heads of ministerial agencies, Heads of
Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces, relevant organizations and individuals
are responsible for the implementation of this Decree.
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FOR
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung