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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
21-CP
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Hanoi,
March 05, 1997
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DECREE
ISSUING
THE "PROVISIONAL REGULATION ON THE MANAGEMENT, ESTABLISHMENT AND USE OF
INTERNET NETWORK IN VIETNAM"
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
To unify the management and control of INTERNET network and services in
Vietnam,
DECREES:
Article 1.- To
issue together with this Decree the "Provisional Regulation on the
Management, Establishment and Use of INTERNET Network in Vietnam".
Article 2.- This
Decree takes effect 15 days after its signing. The previous regulations
contrary to this Decree are now annulled.
The Minister of Science,
Technology and Environment, the Minister of Culture and Information, the
General Director of the General Department of Post shall have to guide the
implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
PROVISIONAL REGULATION
ON
THE MANAGEMENT, ESTABLISHMENT AND USE OF INTERNET NETWORK IN VIETNAM
(Issued together with Decree No.21-CP of March 5, 1997 of the Government)
Chapter I
GENERAL PROVISIONS
Article 1.- The
Government shall uniformly manage and control the INTERNET network in Vietnam
as well as its services; manage the international gateways connected to
INTERNET; control the information transmitted on the network.
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Article 2.- The services
provided by the INTERNET network in Vietnam include: electronic mail, data
transmission, remote access, database access by different modes.
Article 3.- All
information accessed, transmitted and received in the INTERNET network through
the international gateways in Vietnam must comply with provisions of Article 10
of Vietnam�s Law on Press and Article 22 of the Law on Publication. More
concretely:
1. They must not incite
opposition to the State of the Socialist Republic of Vietnam or undermine the
national unity;
2. They must not incite
violence, not make propaganda for aggressive war, not sow hatred among nations
and peoples, not disseminate reactionary ideologies and cultures, the lecherous
and depraved way of life, crime, social evils and superstition, and not harm
the fine traditions and customs;
3. They must not disclose
secrets of the Party and the State, military, security, economic or diplomatic
secrets, the private life of citizens and other secrets as prescribed by the
law;
4. They must not spread false
information, distort the history, repudiate the achievements of the revolution,
disparage leaders and national heroes, sland, harm the prestige of
organizations or the honor and dignity of citizens.
The agency managing the
international gateways, the agencies and organizations having their own
computerized information networks connected to the INTERNET shall have to take
effective measures to promptly prevent information violating the above said
regulations. Any organization or individual that receives such kind of
information shall have to handle it and report to the competent agency for
handling as prescribed.
Article 4.- This
Regulation shall apply to all computers and computerized information networks
installed in Vietnam and connected to the INTERNET for either internal use or
business purpose.
For the computerized information
networks of the diplomatic missions, the provisions of the 1961 Vienna
Convention on Diplomatic Relations and the agreements between the Vietnamese
Government and the concerned governments (if any) on communication modalities
shall apply.
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PROVISION, USE OF
COMPUTERIZED INFORMATION NETWORKS CONNECTED TO INTERNET
Article 5.- All
Vietnamese agencies, organizations and enterprises and foreign organizations in
Vietnam wishing to connect their computers or specialized computerized
information networks to the INTERNET for internal use must apply for permit
with clear commitment to comply with provisions of this Regulation and shall be
permitted to do so by the State management agencies authorized by the
Government on the following conditions:
1. Having the legal person
status under Vietnamese law;
2. Stating clearly their use
purposes;
3. Having the design of the
computerized information networks with sufficient supporting facilities
convenient for the supervision and control in order to ensure information
safety and the national security secrets.
4. Having technical personnel
qualified for the technical requirements of the networks.
Article 6.- An
organization, agency or enterprise shall be entitled to connect its
computerized information network to the INTERNET and put them into use only
after obtaining a permit.
Article 7.- An
agency, organization or enterprise wishing to use its computerized information
network for doing business in Internet services or acting as agent to provide
INTERNET services shall have to fill procedures under the Law on State
Enterprises, the Corporate Law and the Regulation on Postal and
Telecommunications Services and apply for permits from the competent State
management agency.
Article 8.- An agency,
organization or enterprise wishing to change the purpose and contents of its
operation defined in the permit shall have to file a new dossier of application
for the change of permit to the permit-issuing agency.
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If it wishes to resume its
operation, it shall have to promptly notify the permit-issuing agency thereof.
Article 10.- The
units trading in or providing INTERNET services must set the index of charges
for their services, submit it to the competent agency for approval and make
public announcement to the service users.
Article 11.- The
units trading in or providing Internet services have the following
responsibilities:
1. To comply with all provisions
of this Regulation;
2. To operate in conformity with
the contents prescribed in their permits;
3. To popularize this Regulation
to the users and instruct them to strictly comply with the provisions of
Article 3 of this Regulation.
4. To comply with the Ordinance
on Accounting and Statistics, the reporting regime and other obligations as
prescribed by law.
5. To submit to the supervision
and control by the competent State management agencies.
Article 12.-
Individuals who wish to use the INTERNET services must register and sign a
subscription contract with the units trading in or providing the INTERNET
services and be responsible for the contents of information to be accessed,
transmitted or received in their systems.
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ORGANIZATION
OF IMPLEMENTATION
Article 13.-
To establish the National INTERNET Coordinating Commission to regulate and
coordinate the management and development of the network and INTERNET services
in Vietnam.
The Minister of Science,
Technology and Environment shall act as the Chairman of the Commission, the
General Director of the General Department of Post shall act as the Vice
Chairman of the Commission, the heads of the following agencies shall be the
members of the Commission: the Ministry of Culture and Information, the
Ministry of the Interior, the Ministry of Education and Training, the Steering
Committee for the National Program on Information Technology, the National
Center for Natural Sciences and Technology.
Article 14.- The Ministry
of Education and Training shall have to:
Act as the standing body of the
National INTERNET Coordinating Commission in Vietnam.
Study and work out policies and
solutions for the development of INTERNET network in Vietnam; coordinate with
the General Department of Post in drawing up the overall plan as well as
concrete plans and determining the order of priority in the connection of
domestic computerized information networks to the INTERNET; select the advanced
technology and propose technical and technological solutions to ensure the safe
operation of the experimental INTERNET network in Vietnam.
Article 15.- The
General Department of Post shall have to:
1. Direct the establishment of
the axis information network (the infrastructure of the network); manage the
international gateways, the technical facilities to ensure the information
security; stipulate the modes of contact, connection and access for all
computerized information networks of Vietnam to be linked with the INTERNET so
as to centralize the control of the entire information flow through the
national axis network.
2. Coordinate with the Ministry
of the Interior in granting permits for activities of connection to the
INTERNET, trading in and use of the INTERNET services.
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Article 16.- The
Ministry of Culture and Information shall have to:
Work out plans for and guide the
implementation of regulations on the management of the contents of information
exchanged on the INTERNET network to make them conform to the requirements
defined in Article 3 of this Regulation.
Article 17.- The
Ministry of the Interior shall have to:
1. Draw up plans for control of
the information exchanged on the computerized information networks connected to
INTERNET and organize the implementation thereof.
2. Organize the application of
technical solutions to ensure the security and confidentiality of information
on the INTERNET.
3. Join the General Department
of Post in considering and granting permits for the computerized information
networks to be connected to the INTERNET and other persons and organizations
entitled to do business in and use the INTERNET services.
Article 18.- The
ministries, branches and People�s Committees of various levels which own the
computerized information networks connected to the INTERNET shall have to
manage the exchange of information and information sources accessed to the
INTERNET as well as those received from the INTERNET in accordance with the
permits in terms of contents of the information exchanged, to ensure the
security and confidentiality of the information exchanged in accordance with
the Ordinance on Protection of State Secrets.
Article 19.- No
organization or individual is permitted to directly or indirectly connect their
computers or computer networks to the INTERNET via public telephone lines.
Article 20.- The
computerized information networks and data bases of the Party, Government,
Security or National Defense agencies are not permitted to link up with the
INTERNET.
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Article 21.- All
organizations and individuals using computers and computer networks connected
to the INTERNET shall be subject to the supervision and control of the
competent State management agencies in the following aspects:
1. Permits for link-up with the
INTERNET or for the use of INTERNET services for business purposes.
2. The content of the information
transmitted and received.
3. Measures for ensuring the
security of information and national security.
4. The list of the INTERNET
network and service users.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 22.- The
General Department of Post shall issue a circular guiding the procedures to
apply for permits for: connection to the INTERNET, business registration or
agents providing INTERNET services, subscription for use of INTERNET services
under the provisions of this Regulation.
Article 23.- The
Ministry of Culture and Information shall issue a circular guiding the
management of information exchanged on the INTERNET under the provisions of
this Regulation.
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