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THE GENERAL
DEPARTMENT OF POST AND TELECOMMUNICATIONS
THE MINISTRY OF THE INTERIOR-THE MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 8-TTLT
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Hanoi, May 24,
1997
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INTER-MINISTERIAL
CIRCULAR
GUIDING THE GRANTING OF PERMITS FOR HOOKING UP, PROVIDING
AND USING THE INTERNET IN VIETNAM
Pursuant to Decree No. 21-CP
of March 5, 1997 of the Government issuing the "Provisional Regulation on
the Management, Establishment and Use of the INTERNET in Vietnam"
The General Department of Post, the Ministry of the Interior and the Ministry
of Culture and Information jointly give the following guidances on the INTERNET
hook-up, provision and use of INTERNET services in Vietnam:
I. GENERAL
PROVISIONS
1. In this Circular the subjects
engaged in the INTERNET activities are construed as follows:
1.1. The INTERNET access
provider (IAP) is an agency, organization or enterprise permitted to hook up to
the INTERNET access all INTERNET service providers.
1.2. The INTERNET service
provider (ISP) is an agency, organization or enterprise permitted to establish
a computerized information network involving a number of IP addresses and to
provide electronic mail, data transmission, remote access services and database
access through various modes for the INTERNET using units and individuals.
1.3. The unit that provides
INTERNET services for internal use is an agency, organization or enterprise
permitted to establish a computerized information network with a view to
providing INTERNET services for its own members for non-commercial purposes.
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1.5. The INTERNET content
provider (ICP) is an agency, organization or enterprise that has information
and data supplied onto the INTERNET through the INTERNET service provider(s).
2. All INTERNET connecting,
providing and using activities in Vietnam shall comply with the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government as well as the guidances of this Circular.
II.
PERMIT-ISSUING PROCEDURES
1. The dossier of application
for permit.
1.1. For the INTERNET access
providers:
The agencies, organizations and
enterprises that meet all the conditions stated in Article 5 of the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government and that wish, after filling all the procedures stated
in Article 7 of the aforesaid Regulation, to provide INTERNET access service
shall have to submit dossiers of application to the permit-issuing agency(ies).
The dossier of application
includes:
1. An application to the
permit-issuing agency for organizing the domestic information axis network and
international gateways to provide the access service (according to the
prescribed form);
2. A notarized copy of the
decision on the establishment of the agency, organization or enterprise;
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4. The detailed scheme or plan
on the provision of the access and other services;
5. The curricula vitae of the
members of the network-managing board certified by the concerned managing
agency.
6. The service charges index
that conforms to the service charges bracket set by the General Department of
Post;
7. The form of the contract(s)
to be signed with the INTERNET service provider(s).
1.2. For the INTERNET service
providers
The agencies, organizations or
enterprises that meet the conditions stated in Article 5 of the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government and that wish, after filling all the procedures stated
in Article 7 of the aforesaid Regulation, to provide INTERNET services shall
have to submit dossiers of application to the permit-issuing agency(ies).
The dossier of application
includes:
1. An application to the
permit-issuing agency for organizing the computerized information network
hooked up with the INTERNET and providing INTERNET services (according to the
prescribed form);
2. A notarized copy of the
decision on the establish-ment of the agency, organization or enterprise;
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4. The detailed scheme or plan
on the service provision: types, quality, scope of provision, target users of
the services;
5. The curricula vitae of the
members of the network-managing board, certified by the concerned managing
agency.
6. The service charges index
that conforms to the frame of the service charges bracket set by the General
Department of Post;
7. The form of the contracts to be
signed with the INTERNET service providing unit(s) for internal use;
8. The form of the contracts to
be signed with the INTERNET service users.
1.3. For the units which provide
INTERNET services for internal use
The agencies, organizations or
enterprises that meet the conditions stated in Article 5 of the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government and that wish to provide INTERNET services for internal
use shall have to submit dossiers of application to the permit-issuing
agency(ies).
1.3.1. For the Vietnamese units
that wish to provide INTERNET services for internal use, the dossier of
application includes:
1. An application to the permit-issuing
agency for organizing the computerized information network hooked up with the
INTERNET and providing INTERNET services (according to the prescribed form);
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3. The description of the
structure of the network, including the data on: the number and the service
provision functions of the hooked-up master computers; the supervising and
controlling equipment and devices as well as measures for ensuring information
security commensurate with the scope of operation applied for permission; the
estimated number of target users (according to the prescribed form);
4. The detailed scheme or plan
on the service provision: types, quality, scope of provision, target users of
the services;
5. The curricula vitae of the
members of the network-managing board, certified by the concerned managing
agency(ies).
6. The form of the contract in
principle to be signed with the internal users;
1.3.2. For the units providing INTERNET
services for internal use which are international organizations, diplomatic
missions, foreign organizations and foreign enterprises in Vietnam, the dossier
of application includes:
1. An application to the
permit-issuing agency for organizing the computerized information network
hooked up with the INTERNET and providing INTERNET services (according to the
prescribed form);
2. A notarized copy of the
document certifying the legal person status of the agency, organization or
enterprise;
3. The description of the
structure of the network, including the data on: the number and the service
provision functions of the hooked-up master computers; the equipment for
ensuring information security; the estimated number of target users (according
to the prescribed form);
4. The detailed scheme or plan
on the service provision: types, quality, scope of provision, the number of
target users of the services;
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1.4. For the INTERNET users
If the individuals who use
computers or the organizations which use computers and/or computer systems wish
to use the INTERNET, they shall have to sign package hiring contracts with the
INTERNET service provider(s) or contracts in principle with the units providing
INTERNET service for internal use.
1.5. For the information
suppliers
The agencies, organizations and
enterprises that meet all the conditions stated in Article 5 of the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government and that wish to put information of different forms
(sounds, pictures, graphic films, games, press, documents...) and informative
contents onto the INTERNET shall have to submit dossiers of application to the
permit-issuing agency(ies).
The dossier of application
includes:
1. An application to the
permit-issuing agency for permission to supply information onto the INTERNET,
certified by the managing agency (according to the prescribed form);
For the diplomatic missions and
international organizations, the certification by the Ministry of Foreign
Affairs of the Socialist Republic of Vietnam shall be required;
2. A notarized copy of the
decision on the establish-ment of the agency, organization or enterprise;
For the foreign economic
organizations or enterprises, there must be operating permits or investment
licenses.
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4. The curricula vitae of the
staffs in charge of the supply of information, certified by the managing
agency;
5. The index of charges levied
on different types of information to be supplied.
2. The permit-issuing procedure
2.1. Granting new permits
2.1.1. Receipt of the dossiers
The applicant shall have to
submit three sets of the dossier to the permit-issuing agency.
The INTERNET access providers
(IAP) and the INTERNET service providers (ISP) shall submit their dossiers of
application to the General Department of Post.
The INTERNET service providing
units for internal use shall submit their dossiers of application to the
regional Departments of Post according to the geographic areas under their
charge.
The INTERNET information content
providers (ICP) shall submit their dossiers of application to the Ministry of
Culture and Information.
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2.1.2. Dossiers processing
After receiving the dossiers,
the permit-issuing agencies shall consider them according to their functions,
and at the same time send 01 (one) set to the Ministry of the Interior for
examining and approving the supervising and controlling equipment and devices
as well as the measures for ensuring information security.
Within 15 days after receiving
the dossiers, the Ministry of the Interior shall have to reply in writing to
the permit-issuing agencies whether it approves or not. Past this time limit,
if the Ministry of the Interior makes no reply, the dossier shall be deemed to
be automatically approved.
2.1.3. Replying
Within 30 days after receiving
the dossiers, the permit-issuing agency(ies) shall have to consider the
granting of permits to the applicants for participation in INTERNET activities.
In case of disapproval, the permit-issuing agencies shall have to reply and
clearly state the reasons.
The network shall be put into
operation only after there is a written certification of the Ministry of the
Interior on the supervision and control of the equipment and the measures for
ensuring information security commensurate with the scope of operation for
which the subject has applied for permission.
2.2. Changing or supplementing
the permits
If the subjects engaged in
INTERNET activities wish to change their operation purposes or contents, they
shall have to make a dossier applying for such change or supplement. The
dossier shall be similar to the dossier applying for a new permit and go
through the same procedure.
When issuing a new permit, the
permit-issuing agency shall withdraw the old permit.
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The effective term of a permit
shall be determined according to the subjects and types of the INTERNET
activity but it shall not exceed five years. If, after that duration, the
subjects engaged in INTERNET activities wish to continue their operations, they
shall have to fill the procedure to apply for the extension of their permits.
2.4. Extension of permits
If a subject engaged in INTERNET
activities wishes to apply for an extension of the permit, at least three
months before the expiry of such permit, it shall have to make an application
for the extension and send it to the permit-issuing agency as stipulated in the
paragraph on "Issuing new permits."
Within 30 days after receiving
the dossier, the permit-issuing agency shall have to reply to the applicant. If
it does not approve the extension of the permit, it shall have to state clearly
the reason(s).
III.
RELATIONS BETWEEN THE SUBJECTS OF INTERNET ACTIVITIES
The INTERNET access providers,
the INTERNET service providers and the units which provide INTERNET services
for internal use shall be allowed to sign contracts only after they are issued
operating permits by the permit-issuing agency(ies).
The contracts shall have to
concretely define the responsibilities of each involved party, ensure equality,
rationality and compliance with the laws of the State, the "Provisional
Regulation on the Management, Establishment and Use of the INTERNET in
Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the
Government, the Statute of the Post and Telecommunication and the Regulation on
the exploitation of the INTERNET services.
IV.
RESPONSIBILITIES OF THE SUBJECTS OF INTERNET ACTIVITIES
1. Responsibilities of the
INTERNET access providers:
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2. Execute all the terms written
in the contracts signed with the INTERNET service providers;
3. Have all the supervising and
controlling equipment and devices as well as the measures for ensuring
information security commensurate with the scope of operation applied for permission
and create favorable conditions for the functional agencies to take measures to
ensure information security for the flows of information through the
international gates;
4. Observe the technological
solutions and technical standards set by the National INTERNET Coordinating
Committee, the Ministry of Science, Technology and Environment and the General
Department of Post.
5. Send to the permit-issuing
agencies quarterly reports on the situation of the INTERNET access; changes in
the contents of the application for permit. When necessary, the permit-issuing
agency(ies) may require irregular reports.
2. Responsibilities of the
INTERNET service providers
1. Use or allow the users to use
the hook-up devices which meet the technical norms according to the INTERNET
standards in Vietnam.
2. Ensure the quality of such
services as: the potential utility of the network, of the access system through
telephone lines or exclusively-hired channels, etc.
3. Execute all the terms written
in the contracts signed with the INTERNET access providers; with the units
providing INTERNET services for internal use and with the INTERNET service
users.
4. Guide and train the INTERNET
service users in strictly observing the process of exploiting and maintaining
the hook-up devices, computers;
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6. Send to the permit-issuing
agency(ies) quarterly reports on the situation of the INTERNET service provision,
changes in the contents of the dossiers of application and the list of the
INTERNET users. When necessary, the permit-issuing agency may ask for irregular
reports.
3. Responsibilities of the
INTERNET service providers for internal use
1. Use or allow the users to use
the hook-up devices which meet the technical norms according to the INTERNET
standards in Vietnam.
2. Ensure the quality of such
services as: the potential utility of the network, of the access system through
telephone lines or exclusively hired channels, etc.
3. Execute all the terms written
in the contracts signed with the INTERNET access providers and the INTERNET
service users.
4. Guide and train the INTERNET
service users in strictly observing the process of exploiting and maintaining
the connecting devices, computers;
5. Have adequate supervising and
controlling equipment and devices as well as measures for ensuring the
information security commensurate with the scope of operation applied for
permission and create favorable conditions for the functional agencies to apply
the solutions to ensure the security of the information on their network. Guide
and inspect the users in protecting the information in accordance with the
Ordinance on Protection of State Secrets and submit to the inspection and
control of the concerned State management agencies regarding the technical
norms, the quality of services and assurance of information safety and national
security;
6. Send to the permit-issuing
agency(ies) quarterly reports on the situation of the INTERNET service
provision, changes in the contents written in the dossiers of application, the
list of the INTERNET users. When necessary, the permit-issuing agency may ask
for irregular reports.
The units providing INTERNET
services for internal use which are international organizations, diplomatic
missions and foreign organizations shall have to implement Points 1, 2, 3, 4
and 6 of this Item.
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1. Strictly observe the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government and the concrete terms in the contracts signed with the
INTERNET service providers or the INTERNET service providing units for internal
use;
2. Create favorable conditions
for the specialized agencies to apply the measures of ensuring information
security and observe the Ordinance on the Protection of State Secrets;
3. Submit to the inspection of
the INTERNET service providers or the units providing INTERNET services for
internal use; of the specialized State management agencies regarding the
matters relating to the use of INTERNET services.
Any hook-up of computers or the
system of computers through telephone lines with the INTERNET via the addresses
of the INTERNET service providers or the units providing INTERNET services for
internal use without their permission; the use of telephone lines,
exclusively-hired channels and other connecting devices so as to have access to
the INTERNET through the main servers outside the country are violations of the
"Provisional Regulation on the Management, Establishment and Use of the
INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5,
1997 of the Government.
5. Responsibilities of the
information suppliers
1. Submit to the supervision and
control of the concerned State management agencies regarding the technical
norms, the quality of services and assurance of information safety and national
security.
2. Ensure all the requirements
stated in Article 3 of the "Provisional Regulation on the Management,
Establishment and Use of the INTERNET in Vietnam" issued together with
Decree No. 21-CP of March 5, 1997 of the Government and observe the legislation
on copyright;
3. Observe the regulations
issued by the Ministry of Culture and Information on the supply of information;
4. Send to the permit-issuing
agency quarterly reports on the situation of the use of the INTERNET services,
the supply of information; changes in the contents of the dossiers of
application. When necessary, the permit-issuing agency may ask for irregular
reports.
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The subjects engaged in INTERNET
activities that violate the "Provisional Regulation on the Management, Establishment
and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP
of March 5, 1997 of the Government may have their operation suspended, their
permits withdrawn, be subject to administrative sanctions or examined for penal
liability in accordance with current provisions of law.
VI.
ORGANIZATION OF IMPLEMENTATION
1. This Circular takes effect
after 15 days from the date of its signing. All the provisions which are
contrary to this Circular are now annulled.
2. This Circular shall apply to
all the subjects engaged in the INTERNET hook-up, INTERNET service provision
and use throughout the territory of Vietnam.
3. Within 30 days after this
Circular takes effect, all computers and systems of computers hooked up with
the INTERNET in any form shall have to cease operation if they have not got
permits under the "Provisional Regulation on the Management, Establishment
and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP
of March 5, 1997 of the Government.
4. All problems that arise
during the process of management and are not clearly defined in this Circular
should be referred by the Ministries, branches and localities to the National
INTERNET Coordinating Committee for decision.
THE
GENERAL DEPARTMENT OF POST AND TELECOMMUNICATIONS GENERAL DIRECTOR
Mai Liem Truc
FOR
THE MINISTER OF THE INTERIOR
VICE MINISTER
Nguyen Khanh Toan
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