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THE
INFORMATION AND COMMUNICATION MINISTRY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No.
05/2008/TT-BTTTT
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Hanoi,
November 12, 2008
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CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No.
97/2008/ND-CP OF AUGUST 28, 2008, ON THE MANAGEMENT, PROVISION AND USE OF
INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET
Pursuant to the May 25, 2002
Ordinance on Post and Telecommunications;
Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007,
defining the functions, tasks, powers and organizational structure of the
Information and Communication Ministry;
Pursuant to the Government’s Decree No. 160/2004/ND-CP of September 3, 2004,
detailing the implementation of a number of articles of the Ordinance on Post
and Telecommunications regarding telecommunications;
Pursuant to the Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on
the management, provision and use of Internet services and electronic
information on the Internet;
The Information and Communication Ministry guides a number of articles of the
Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on the management,
provision and use of Internet services and electronic information on the
Internet (below referred to as the Decree), regarding Internet services as
follows:
1. Internet
application services in telecommunications specified at Point c, Clause 9,
Article 3 of the Decree include the following:
1.1. Value-added
telecommunications services specified in Clause 4, Article 13 of the
Government’s Decree No. 160/2004/ND-CP of September 3, 2004, detailing the
implementation of a number of articles of the Ordinance on Post and
Telecommunications regarding telecommunications;
1.2. Internet phone services,
including local and international PC-to-PC and international PC-to-Phone
services;
1.3. Services of sending text
messages from the Internet to the mobile telecommunications network and fixed
telecommunications network.
2. The
provision and use of Internet phone services are as follows:
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a/ Comply with the provisions of
Clause 2, Article 7 of the Decree;
b/ Provide only Internet phone
services of the types specified in Clause 1, Point 1.2 of this Circular;
c/ Have Vietnam-based systems
for computing charges and managing customer data and services, which are
operated by themselves for directly providing services to the public;
d/ Supply sufficient information
on the payment of service charges; verify and accurately respond to customer
complaints about charge rates, cards and service quality.
2.2. Organizations and
individuals may neither print, issue and sell Internet cards nor resell in any
form Internet phone services provided by enterprises without licenses for
provision of telecommunications (Internet phone) services granted by the
Information and Communication Ministry.
3. When
providing wireless broadband Internet access services using WLAN technology (Wi-Fi
Internet access services), Internet service providers shall:
3.1. Comply with the provisions
of Clause 2, Article 7 of the Decree;
3.2. Install radio signal
receiving-transmitting equipment using WLAN technology in order to provide
service coverage areas to hotspots. Frequency and output power of such
equipment comply with regulations on management of radio frequencies;
3.3. Hire telecommunications
transmission lines (wire or wireless) of network infrastructure providers in
order to establish transmission lines between their Internet equipment networks
and hotspots.
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4.1. Internet service providers
shall work out contingency plans on transmission lines, server systems, network
equipment, data reproduction and storage and backup power sources in order to
ensure that services are provided in a continuous and uninterrupted manner;
4.2. They shall install systems
of equipment and facilities to monitor and supervise the operation of Internet
equipment networks in order to ensure that these networks satisfy standards and
technical regulations on networks and service quality;
4.3. They shall work out
management solutions and processes in order to assure information safety under
standards and technical regulations on information safety and instructions of
the Vietnam Computer Emergency Response Team (VNCERT), at least covering the
following systems: the system for monitoring and combating unauthorized network
access: the system of firewalls capable of controlling access at the
application level; the system for managing technical log files; and the
anti-spam system;
4.4. They shall take part in
computer emergency response activities by:
a/ Reporting on incidents or
danger of incidents threatening Internet safety to VNCERT (the Vietnam Computer
Emergency Response Team, the Information and Communication Ministry, at 18 Nguyen
Du
street, Hai
Ba
Trung
district. Hanoi, which is reachable at the email address ir@vncert.vn, website
address www.vncert.gov.vn/ir.html or the telephone number posted on the website
www.vncert.gov.vn),
within 24 hours after receiving written information on these incidents. The
report form is posted on the website www.vncert.gov.vn;
b/ Arranging hot lines to
respond to computer network incidents to the VNCERT and ensure these hot lines
stay reachable around the clock;
c/ Obeying the assignment by
VNCERT in assuring information safety on the Internet;
4.5. They shall install fire and
explosion prevention and fighting systems under the law on fire and explosion
prevention and fighting.
5. The
notification of the time of starting the official provision of services under
Point j, Clause 2, Article 7 of the Decree shall be made as follows:
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5 2. Addresses to send notices:
a/ The Information and Communication
Ministry (the Telecommunications Department), at 18 Nguyen Du street, Hai Ba Trung
district, Hanoi; e-mail address: vuvienthong@mic.gov.vn.
b/ The Public Security Ministry:
The Department of Economic Security Protection - the General Department of
Public Security - the Public Security Ministry, at 15 Tran Binh Trong street, Hanoi;
email addresses: cucbaoveankt@vnn.vn
and Phongantt@vnn.vn;
5.3. Notices shall be made
according to a set form.
6. The
reporting regime under Point m, Clause 2, Article 7 of the Decree shall be
implemented as follows:
6.1. Reports to the Information
and Communication Ministry
6.1.1. Monthly reports
a/ Deadline: Before the 10th of
every month, enterprises shall report on information of the preceding month.
b/ Reporting contents:
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- Internet application services
in telecommunications;
- Internet connection;
Specific contents shall be
reported by enterprises according to Appendix 2 to this Circular: Form of
monthly report on statistics on the Internet to the Information and
Communication Ministry (not printed herein).
c/ Reporting mode and addresses
to send reports: Reports shall be sent via the website
http://thongkeinternet.mic.gov.vn. Particularly for December, apart from
sending reports via this website, enterprises shall send written reports to the
address: the Telecommunications Department - the Information and Communication
Ministry, at 18 Nguyen Du
street, Hai
Ba
Trung
district, Hanoi; or to the email address: vuvienthong@mic.gov.vn;
6.1.2. Annual reports
a/ Deadline: Before the 15th of
January every year, enterprises shall report on information of the preceding
year.
b/ Reporting contents:
- Total turnover from Internet
services;
- Annual growth rate;
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Specific contents shall be
reported by enterprises according to Appendix 3 to this Circular: Form of
annual report on the provision of Internet services (not printed herein);
c/ Reporting mode and addresses
to send reports: Written reports shall be sent to the Information and
Communication Ministry (the Telecommunications Department), at 18 Nguyen Du
street, Hai
Ba
Trung
district, Hanoi;
6.2. Reports to provincial-level
Information and Communication Services
Internet service providers shall
report directly or guide their branches or member units operating in provinces
or centrally run cities in reporting on the development of Internet subscribers
and Internet application services in telecommunications to provincial-level
Information and Communication Services as follows:
a/ Deadline: Before the 10th
every month, enterprises shall report on information of the preceding month;
b/ Reporting contents:
- Development of Internet
subscribers;
- Internet application services
in telecommunications;
Specific contents shall be
reported by enterprises according to Appendix 4 to this Circular: Form of
monthly report on statistics on the Internet to provincial-level Information
and Communication Services (not printed herein).
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6.3. Reports on Internet service
quality: Enterprises shall report on Internet service quality under the
Information and Communication Ministry’s regulations on management of
telecommunications service quality.
7. The
reporting regime under Point f, Clause 2, Article 8 of the Decree shall be
implemented as follows:
7.1. Owners of private Internets
specified in Clause 1, Article 14 of the Decree shall send reports to the
Information and Communication Ministry under the following regulations:
a/ Time limit and deadline:
- Within ten (10) days after
commencement of operation;
- Before the 15th of January
every year,
b/ Reporting contents:
- Name and office address of the
unit;
- Address of the place where the
Internet equipment system is installed;
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- Network configuration, channel
hire, connection and equipment and facilities used for the provision of
Internet services;
Internet services currently
provided to the network members.
c/ Reporting mode and address to
send reports: Written reports shall be sent to the Information and
Communication Ministry (the Telecommunications Department), at 18 Nguyen Du
street, Hai
Ba
Trung
district, Hanoi.
7.2. Owners of private Internets
specified in Clause 2, Article 14 of the Decree shall make irregular reports at
the request of the Information and Communication Ministry and provincial-level
Information and Communication Services.
8. Daily
opening and closing time of Internet agents specified at Point f, Clause 3,
Article 9 of the Decree is as follows:
Provincial-level People’s
Committees shall specify daily opening and closing time applicable to Internet
agents in their respective localities and suitable to local economic, cultural
and social conditions and characteristics.
9. The
provisions of Point a, Clause 2, Article 12 of the Decree are understood as
follows:
Internet service users may use
Internet access services and specialized application services on the Internet
in economic, cultural and social domains if they can ensure not to violate the
provisions of Article 6 of the Decree, provisions of the law on
telecommunications and information technology and other relevant laws.
Banned services are services
banned by law from being provided and used, regardless of whether they are
provided online or in reality undercurrent legal documents.
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10.1.Enterprises with licenses
for provision of telecommunications services and Internet access services may
establish Internet exchanges to exchange domestic Internet data flow among
Internet service providers and between these providers and private Internets.
10.2. The Vietnam National Internet
Exchange (VNIX) and Internet exchanges of Internet service providers may not
exchange data flow among private Internets.
11.
Operation of the VNIX specified in Clause 3, Article 16 of the Decree is as
follows:
11.1. Principles for connection
to the VNIX:
a/ Internet service providers
and private Internets licensed by the Information and Communication Ministry
under Point a, Clause 1, Article 14 of the Decree may connect themselves to the
VNIX;
b/ Internet equipment networks
connected to the VNIX shall use independent network identification numbers and
Internet Protocol addresses issued and managed by the Vietnam Internet Center;
c/ Transmission lines and
equipment used for connection to the VNIX must be technically compatible with
the VNIX portal under the guidance of the Vietnam Internet Center;
d/ The establishment of Internet
equipment networks and lease of channels for connection to the VNIX comply with
the law on telecommunications.
11.2. The Vietnam Internet
Center shall:
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b/ Comply with the provisions of
Clause 4 of this Circular;
c/ Guide and create conditions
for Internet service providers and private Internets to connect to the VNIX
under regulations;
d/ Collect and use contributions
to the development and maintenance of the VNIX, to cover its operation costs on
the non-profit principle;
dd/ Practice separate
cost-accounting for the operation of the VNIX.
11.3. Internet service providers
connected to the VNIX shall:
a/ Comply with professional
guidance of the Vietnam Internet Center;
b/ Coordinate with the Vietnam
Internet Center in ensuring safe and efficient operation of the VNIX;
c/ Make aligned, equal and
non-discriminatory connections; refrain from preventing domestic information
from entering or leaving their Internet equipment networks through the VNIX in
order to ensure that Internet users may access Internet services under law;
d/ Contribute operating funds
under regulations.
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12.1. All Internet service providers
possessing licenses for provision of services under the Government’s Decree No.
55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet
services, shall carry out procedures for renewing their licenses within six
months after the effective date of this Circular.
12.2. Within 20 working days
after receiving valid dossiers of Internet service providers, the Information
and Communication Ministry shall grant new licenses in compliance with the
Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on management,
provision and use of Internet services and electronic information on the
Internet, to replace all licenses already granted to these Internet service
providers under the Government’s Decree No. 55/2001/ND-CP of August 23, 2001,
on management, provision and use of Internet services;
12.3. The validity term of an
Internet service provider’s new license is determined to be the longest
remaining validity term of any of its granted licenses;
12.4. Services stated in an
Internet service provider’s new license include those on the list of services
it is providing and services it committed to provide within two years after
license (s) granted under Decree No. 55/2001/ND-CP of August 23, 2001, is (are)
issued;
12.5. During the time of carrying
out procedures for renewing licenses under this Clause, Internet service
providers may continue their normal operation;
12.6. A dossier of application
for renewal of a license comprises:
a/ An application for renewal of
a license;
b/ Copies of valid licenses;
c/ A report on implementation of
the granted license(s), stating the time of starting the implementation; the
diagram of the present network; services currently provided and the scope of
provision of each service; services stated in the license(s) but not yet
provided by the Internet service provider that has, however, committed to
provide these services within two years after the license(s) granted under
Decree No. 55/2001/ND-CP of August 23, 2001, is (are) issued;
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13. Effect:
13.1. This Circular takes effect
15 days after its publication in “CONG BAO.”
13.2. Any problem arising in the
course of implementation should be reported to the Information and
Communication Ministry for consideration and solution.
MINISTER
OF INFORMATION AND COMMUNICATION
Le Doan Hop