|
THE
MINISTRY OF INFORMATION AND COMMUNICATIONS
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
24/2015/TT-BTTTT
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Hanoi,
August 18, 2015
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CIRCULAR
STIPULATING MANAGEMENT AND USE OF INTERNET RESOURCES
Pursuant
to the Law on Telecommunications dated November 23, 2009;
Pursuant
to the Law on Information Technology dated June 29, 2006;
Pursuant
to the Government’s Decree No. 132/2013/ND-CP dated October 16, 2013 on
defining the functions, tasks, powers and organizational structure of the
Ministry of Information and Communications;
Pursuant
to the Government’s Decree No. 72/2013/ND-CP dated July 15, 2013 on management,
supply and use of Internet services and online information;
The
Ministry of Information and Communications hereby introduces regulations on
management and use of internet resources.
Chapter I
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Article 1. Scope of application and applicable entities
This
Circular shall provide regulations on management and use of Internet resources,
including registration, distribution, allocation, use, return, temporary
suspension, revocation and dispute resolution which apply to organizations or
individuals participating in Vietnam's Internet activities.
Article 2. Interpretation of terms
In this
Circular, terms shall be construed as follows:
1. ICANN refers
to the abbreviated name of the organization responsible for managing
international domain names and numbers, and being granted the authority to
manage the global top-level domain name system.
2. VNNIC refers
to the abbreviated name of Vietnam Internet Network Information Center, an
affiliation to the Ministry of Information and Communications.
3. Domain
name registrar refers to the organization rendering domain name
registration and maintenance, including ".vn" domain registrars and
international domain registrars in Vietnam.
4. Domain
name refers to the name used for identifying the DNS server address formed
from the set of alphabetical characters separated by a full stop “.”. Domain
names shall be categorized into the followings:
a) The
domain name formed from the set of ASCII characters and symbols (hereinafter
referred to as ASCII domain name);
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5. Top-level
domain name refers to the last set of scripts and symbols in the global
domain name syntax. Top-level domain names (TLD) shall be
categorized into the followings:
a) The
generic top-level domain name (gTLD) refers to domain names, such as
".com"; ".net"; ".edu"; ".org";
".int"; ".biz"; ".info"; ".name";
".pro"; ".aero"; ".museum"; ".coop", and
other gTLDs;
b) The
country code top-level domain name (ccTLD) refers to top-level domain names
particularly intended for specific countries and territories in uniformity with
international standards for country codes (ISO-3166), including “.vn” identifying
the top-level domain name of Vietnam.
6. New
generic top-level domain name (New gTLD) refers to gTLDs to be expanded for
direct assignment to worldwide organizations or individuals under the New gTLD
program.
7. Vietnam
domain name refers to the collection of lower-level domains below Vietnam
top-level domains like “.vn” (hereinafter referred to as “.vn” domain) and
other lower-level domains below top-level domains under Vietnam’s management.
8. International
domain name refers to lower-level domains below gTLDs and lower-level
domains below ccTLDs, except for Vietnam domain names.
9. Domain
name at different levels (secondary, third, etc. level) refers to the set
of scripts and symbols forming domain names arranged hierarchically below
top-level domain names.
10. Internet
protocol address (IP address) refers to the network address of devices or
servers, including IP address generations like IPv4, IPv6 and the next
generations of the IP address.
11. Network
serial number refers to the digit code used for naming a computer network
participating in general Internet-based routing activities.
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13. Domain
registration and maintenance service refers to the service provided by
".vn" domain registrars for organizations or individuals in order to
enable them to create, update, maintain and manage lower-level domain names
below the “.vn” domain in the database of domains and the national DNS,
including the following activities:
a) Register
and maintain domains; ensure the absolute security for domain names and domain
name databases;
b) Preserve,
report and provide information on domain names and information of organizations
or individuals applying for the domain registration;
c) Withhold
domain registration, temporarily suspend and revoke domain names;
d) Collect,
pay domain fees and charges.
14. Applicant
for domain registration (hereinafter referred to as applicant) refers to
organizations or individuals going through the process for application for
domain registration and granted the right to use the “.vn” domain.
Article 3. Principles of management and use of internet
resources
1. Internet
resources are planned consistently in order to ensure the safety, reliability
and effectiveness for Internet activities in Vietnam.
2.
Protection of Internet resources related to the national sovereignty, interest
and security, and Communist Party and state organs, organizations,
socio-political organizations, will be given priority so that they are
prevented from any infringement.
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4.
International cooperation should be enhanced, and international agreements and
laws in respect of management and use of Internet resources should be strictly
observed.
5. Internet
resources should only be brought into operation or maintained for continuing
operations only after organizations or individuals using Internet resources
have paid fees and charges in accordance with applicable regulations.
Article 4. Responsibility of VNNIC
1. Boost up
communications activities towards, provide guidance on, implement, inspect and
supervise management and use of Internet resources to ensure that these
resources are used in an efficient and law-abiding manner.
2. Guarantee
the safety for management and use of Internet resources and the confidentiality
of information of organizations and individuals using Internet resources as
stipulated by laws.
3. Invest
in, manage and operate the national COMPANIES and technical systems to assist
management and use of Internet resources in an efficient, safe and law-abiding
manner.
4. Compile
review reports and collect statistical data on management and use of Internet
resources.
5. Prepare
and request the Ministry of Information and Communications to approve sample
contracts entered into with ".vn" domain registrars; sample contracts
entered into with enterprises providing domain name registration service for
lower-level domains below New gTLD over periods of time so that these will meet
practical requirements and regulations of international organizations of which
Vietnam has become a member.
6. Hold
discussions or negotiations to finalize and execute contracts with
".vn" domain registrars, with enterprises providing domain name
registration service for lower-level domains below New gTLD, which must be
relevant to the Internet resource management scheme and regulations.
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8. Protect
“.vn” domain names relating to the national sovereignty, interest and security.
Chapter II
MANAGEMENT
AND USE OF VIETNAM NATIONAL DOMAIN NAME
Article 5. “.vn” domain structure
1. The “.vn”
domain name may include the domain name without accent marks, and the
Vietnamese domain name:
a) Domain
names without Vietnamese characters and accent marks are ASCII domain names
which are formed from characters and symbols defined in the table of ASCII
characters and symbols, including lower-level domain names without accent marks
below “.vn” domain names;
b)
Vietnamese domain names are internationalized domain names which are formed by
characters defined in the table of Vietnamese characters and symbols or
expanded Vietnamese characters and symbols according to the Vietnam standard
6909:2001 and separated by the mark “-“, including lower-level Vietnamese
domain names below ".vn" domain names.
2. Domain
names without accent marks shall be categorized into the followings:
a) Generic
secondary-level unaccented domain names classified by fields;
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c) Specific
secondary-level unaccented domain names;
d)
Third-level unaccented domain names below generic secondary-level unaccented
domain names.
3. Generic
secondary-level unaccented domain names classified by fields refer to
unaccented domain names coined after names of different activities in the
social life, and commonly used by and not allocated particularly to
organizations or individuals, including the followings:
a) COM.VN
particularly designed for organizations, individuals involved in trading and
commercial activities;
b) BIZ.VN
particularly designed for organizations, individuals involved in trading and
commercial activities (the same as COM.VN domain);
c) EDU.VN
particularly designed for organizations, individuals involved in educational
and training activities;
d) GOV.VN
particularly designed for central and local state agencies;
dd) NET.VN
particularly designed for organizations, individuals involved in online service
establishment and provision activities;
e) ORG.VN
particularly designed for organizations involved in political, cultural and
social activities;
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h) AC.VN
particularly designed for organizations, individuals involved in research
activities;
i) PRO.VN
particularly designed for organizations, individuals involved in highly
specialized activities;
k) INFO.VN
particularly designed for organizations, individuals involved in information
production, distribution and supply activities;
l) HEALTH.VN
particularly designed for organizations, individuals involved in pharmaceutical
and medical activities;
m) NAME.VN
particularly designed for individuals applying for registration of personal
name domains;
n) Other
domains stipulated by the Ministry of Information and Communications.
4. Generic secondary-level
unaccented domain names classified by geographical entities refer to the domain
names coined after unaccented names of centrally-affiliated cities or provinces
and commonly used by and not allocated particularly to organizations or individuals
(such as hanoi.vn, haiphong.vn, etc.).
5. Specific
secondary-level unaccented domain names refer to unaccented domain names
specifically intended for organizations or individuals applying for the domain
registration to meet private demands.
6. Third-level
unaccented domain names refer to unaccented domain names which are below
generic secondary-level unaccented domain names classified by fields, generic
secondary-level unaccented domain names classified by geographical entities,
and are intended for organizations or individuals applying for the domain
registration to meet private demands.
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a) Generic
secondary-level Vietnamese domain names classified by geographical entities
refer to the domain names coined after names of centrally-affiliated cities or
provinces and commonly used by and not allocated particularly to organizations or
individuals (such as hànội.vn, hảiphòng.vn, etc.);
b) Specific
secondary-level Vietnamese domain names refer to Vietnamese domain names
specifically intended for organizations or individuals applying for the domain
registration to meet private demands;
c)
Third-level Vietnamese domain names refer to Vietnamese domain names which are
below generic secondary-level Vietnamese domain names classified by
geographical entities, and are intended for organizations or individuals
applying for the domain registration to meet private demands.
Article 6. “.vn” domain registration
1. The “.vn”
domain registration shall be made on the principle of equality,
non-discrimination and “first come, first served” basis with the following
exceptions:
a) Domain
names that fall within the scope of protection priority under the provisions of
Clause 1 Article 8 hereof;
b) Other
domains to be auctioned in accordance with regulations laid down by the
Ministry of Information and Communications.
2. Domain
names shall be optionally selected by organizations or individuals to serve the
purpose of registration, but must meet the following requirements:
a) Do not
contain words or phrases intruding upon the national sovereignty, interest and
security, or violating social ethics, fine traditional customs and values;
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c) Have at
least one or a set of character(s) forming lower-level domain names below
top-level domain “.vn”;
d) Allow
alphabetical characters ranging from a to z, numerical characters ranging from
0 to 9 and Vietnamese symbols defined in the table of Vietnamese letters, and
all characters and symbols accepted by a network of domain name servers.
Lowercase or uppercase letters and symbols do not matter;
dd) Allow
the hyphen mark "-" but do not begin or end a domain name with this
symbol and do not use two hyphens placed next to each other in a domain name;
e) For each
level of a domain name, limit 63 letters and symbols (with regard to Vietnamese
domain names, the number of characters is counted depending on the length of
the set of characters after being conversed into unaccented ASCII characters);
g) As for
domain names below “.name.vn”, ensure that these domain names are personal
names or words attached to personal names such as personal first names, middle
names, birth places and birth dates (all of these letters combined bear the
meaning of personal names of individual applying for domain registration).
Article 7. “.vn” domain use
1.
Applicants shall be responsible for managing and using registered domain names
in compliance with legal regulations on Internet resources.
2.
Organizations or agencies shall be assigned domain names below those registered
for member agencies, individuals working for these agencies or organizations,
and assume responsibility to manage other lower-level domain names that they
have already assigned. It is prohibited that lower-level domain
names below their domain names are not assigned to other organizations or
individuals.
3.
Electronic newspapers, information pages or information portals affiliated to
the Communist Party and the State must use at least 01 domain name “.vn” and
store information in servers identified by IP addresses in Vietnam.
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Article 8. “.vn” domain protection
1. Protect
all-level “.vn” domain names relating to the national sovereignty, interest and
security, including:
a) Domain
names represent important regions in the proximity of borders, names of islets,
islands, oceans or waters of Vietnam;
b) Domain
names are Vietnamese geographic names accredited by UNESCO as the world's
cultural relics;
c) Domain
names are names of the Communist Party’s organizations, state organs,
socio-political institutions (like Vietnamese Fatherland Front, Vietnam Trade
Union, Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union,
Vietnam Veteran’s Union, etc.);
d) Domain
names regarding national security, defence and diplomatic activities;
dd) Other
domains that need to be protected in accordance with regulations laid down by
the Ministry of Information and Communications.
2.
Organizations or agencies engaged in domain names stipulated in Clause 1 of
this Article shall be responsible for filing applications for domain
registration and reservation to the Ministry of Information and Communications
(VNNIC).
3. The
Ministry of Information and Communications shall issue the list of domain names
prioritized to be protected.
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5. Agencies,
organizations or individuals unrelated to protected domain names stipulated in
Clause 1 of this Article shall not be registered as protected domain names.
Article 9. Provision of “.vn” domain registration and
maintenance service
1. If
".vn" domain registrars are enterprises incorporated under Vietnamese
laws, they shall be eligible for providing “.vn” registration and maintenance
service in Vietnam and overseas countries. Upon providing “.vn” domain
registration and maintenance service in foreign countries, in addition to
complying with Vietnamese laws on Internet, ".vn" domain registrars
must also abide by laws of the host country.
2. If
".vn" domain registrars are overseas organizations signing contracts
with official domain registrars of ICANN, they shall be eligible for providing
“.vn” domain registration and maintenance in foreign countries.
Upon providing “.vn” domain registration and maintenance service in
foreign countries, in addition to complying with laws of host countries,
".vn" domain registrars must also abide by Vietnamese laws on
Internet.
3. If enterprises
wish to provide “.vn” domain registration and maintenance service, they are
required to submit an application for provision of “.vn” domain registration
and maintenance by using the form stipulated in Appendix 1 enclosed herein to
VNNIC. VNNIC shall consider, negotiate and sign a contract to provide
".vn" registration and maintenance service with enterprises according
to the following criteria:
a) Provider
of “.vn” domain registration and maintenance service;
b) Internet
resource planning;
c) Compliance
with regulations laid down in Clause 2 Article 14 of the Government’s Decree
No. 72/2013/ND-CP dated July 15, 2013 on management, supply and use of Internet
services and online information.
4. The
contract for provision of “.vn” registration and maintenance service entered
into between VNNIC and enterprises wishing to provide “.vn” domain registration
and maintenance service must fully specify contents stipulated in Appendix 2
enclosed herein.
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6. During
the process of providing “.vn” domain registration and maintenance service,
".vn" domain registrars must undertake not to:
a) Violate
and harm legal rights and interests of applicants and other ".vn"
domain registrars;
b) Abuse the
advantage granted to domain name registrars to arrogate, prevent or find the
way to prevent applicants from legal registration and use of domain names.
Article 10. Procedure for registering “.vn” domain names,
changing registration information and returning “.vn” domain names
1.
Registration application:
In order to
complete the procedure for registering and changing the registration
information and returning “.vn” domain names, applicants must submit the domain
registration form, the request form for change to domain registration
information or the request form for domain return. The domain
registration form, the request form for change to domain registration
information or the request form for domain return shall be provided by
".vn" domain registrars on their website and must include all
required information according to the form stipulated in Appendix 3, 4 and 5
enclosed herein.
2.
Registration address:
a)
Registration dossiers must be submitted to ".vn" domain registrars
defined in the list publicly posted on www.nhadangky.vn;
b) Request
for changing registration information and returning “.vn” domain names must be submitted
to in-charge ".vn" domain registrars.
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a) Directly
submit application to ".vn" domain registrars’ offices. Individuals who
are applicants, or those who act on behalf of agencies, organizations or
enterprises to apply for domain registration, registration information change
and domain return, are required to present ID cards (or passports, if
individuals are foreigners);
b) Submit
application to ".vn" domain registrars’ offices by post. Individuals
who are applicants, or those who act on behalf of agencies, organizations or
enterprises to apply for domain registration, registration information change
and domain return, are required to attach the authenticated copy of ID card (or
passports, if individuals are foreigners);
c) Submit
application online via the electronic information page of ".vn"
domain registrar if applicants have held digital signatures.
4. Within a
permitted period of 03 (three) working days, as from the date of receipt of the
valid application for domain registration, registration information change and
domain return, ".vn" domain registrars must notify applicants of the
application processing result. In case of refusal, clear reasons must be stated
as well.
5. Domain
names which are not structured in the same manner as those stipulated in
Article 5, or in breach of regulations on domain registration as prescribed in
Article 6, or violate regulations on domain name protection as prescribed in
Article 8, shall not be allowed.
6. Change
made to the name of applicants for domain registration shall not be permitted,
except for the cases in which agencies, organizations or enterprises transfer
to new names in accordance with the decisions granted by competent authorities,
or individuals change their full names in accordance with the decisions made by
competent state agencies.
7. If
applicants are allowed to change their name as stated in Clause 6 of this
Article, in addition to submitting the request form for change made to domain
registration information, agencies, organizations or individuals must present
the original or attached authenticated copy of the decision on change made to
the name of agencies or organizations, or the decision on change made to the
full name of individuals in conformity with methods of submitting application
stated in Clause 3 of this Article.
8. Return of
domain names which are in the process of handling violations, or making final
judgments of competent authorities shall not be allowed.
Article 11. Bases and procedures for temporary suspension of
“.vn” domain operations
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a) The
written request which has been made by the investigation agency to serve the
purpose of preventing threats to the information security to maintain the
national security, social safety and order on time in accordance with legal
regulations;
b) The
written request which has been made by competent information and communications
authorities to serve the purpose of carrying out inspection, examination and
violation handling activities, or collaborating with competent inspectorates of
other Ministries or industrial authorities in immediately preventing violations
against regulations on information and communications as stipulated by
laws;
c) After 05
(five) days from the expiry date of a domain name, applicants’ failure to pay
the fee for domain name maintenance.
2. As for
cases stated in Point a and b Clause 1 of this Article:
a) Within a
permitted period of 03 (three) working days from the date of receipt of the
written request made by competent authorities, the Ministry of Information and
Communications shall carry out the temporary suspension of domain operations
through orders sent to the national domain server system; concurrently, request
".vn" domain registrars to send the written notification of temporary
suspension to related agencies, organizations or individuals within 02 (two)
working days from the date on which VNNIC issues the notification of temporary
suspension of domain operations;
b) The
duration of temporary suspension of domain operations shall not exceed 45
(forty five) days. After the duration of temporary suspension ends, VNNIC shall
be responsible for restoring such domain name to normal operations if this
domain name is not falling within cases in which revocation is required as
stipulated in Article 12 hereof.
3. As for
cases stated in Point c Clause 1 of this Article:
a) After the
stated duration, operations of the domain name of which the maintenance fee has
not been paid shall be temporarily suspended;
b) Within 30
(thirty) days from the date on which the temporary suspension of domain
operations starts, if applicants pay the domain maintenance fee in accordance
with regulations, they shall be allowed to continue using registered domain
names.
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1. “.vn”
domain names shall be revoked as follows:
a) The
successful conciliation record of parties involved in disputes, or the
Arbitration’s decision that has taken effect, or the Court’s verdict that has
taken effect during the process of resolving domain name disputes, serves as
the basis;
b) The
written request of the Ministry of Information and Communications is applied to
the case in which domain names are revoked as stipulated in Point a, b Clause 2
Article 50 of the Law on Telecommunications;
c) The
decision on penalties for administrative violations of inspectorate
specializing in information and communications activities in which the remedy
takes the form of revoking domain names, or imposing supplementary penalties by
forfeiting devices at fault serves as the basis in the event that use of domain
names violates regulations on management, supply and use of Internet service
and online information;
d) The
written request of investigation authorities or competent state agencies
stipulated by laws in charge of information security and high technology crimes
serves as the basis in the event that use of domain names causes harm to the
national security, social order and safety in accordance with laws;
dd) After 30
(thirty) days from the date on which the temporary suspension of domain
operations starts as prescribed in Point c Clause 1 Article 11 hereof,
applicants have not paid the statutory domain maintenance fee;
e) In some
other cases in accordance with Government’s regulations.
2. In case
of receiving the written request of agencies as stipulated in Point a, b, c, d
Clause 1 of this Article, the Ministry of Information and Communications
(VNNIC) shall take the following steps:
a) Issue the
decision on domain name revocation;
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c) Request
domain name registrars to send the written notification of domain name
revocation to involved organizations, individuals within 02 (two) working days
from the date on which VNNIC issued the notification of temporary suspension of
domain name operations.
3. Within a
permitted period of 02 (two) years from the date on which domain names were
revoked, organizations or individuals whose domain names have been revoked
under the provisions of Point c, d Clause 1 of this Article shall not be
entitled to apply for registration of revoked domain names.
4. As for
cases stated in Point dd Clause 1 of this Article:
a) After
obtaining the electronic notification "List of domain names with unpaid
maintenance fee” certified by digital signatures of ".vn" domain
registrars, VNNIC shall decide to revoke domain names by sending the written
notification "List of domain names with unpaid maintenance fee” certified
by VNNIC’s digital signature to related domain name registrars;
b) VNNIC
shall carry out the temporary suspension of operations of revoked domain names
on the national domain name server and request ".vn" domain
registrars to send the written or electronic notification of revocation of
domain names to involved agencies, organizations or individuals within 05
(five) working days from the date on which VNNIC decided to revoke domain
names.
5. After
review if revoked domain names do not fall within the cases in which they are
in breach of regulations on registration of “.vn” domain names stated in
Article 6 hereof, VNNIC shall restore revoked domain names to the available
status so that agencies, organizations or individuals who have demands will
register these domain names for use.
Article 13. Registration and use of lower-level domain names
below “.gov.vn” domain names
In addition
to regulations laid down in Article 6, 7, 8, 10, 11, 12 hereof, registration
and use of “.gov.vn” domain names must meet the following regulations:
1. Entities
eligible for registration and use of lower-level domain names below “.gov.vn”
domain names shall include:
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b) Units
that belong to state agencies as stipulated in Point a Clause 1 of this
Article.
2. The
“.gov.vn” domain name must be named after the name of agencies or units in the
manner of being specific, explicit and easily distinguishing this domain name
from others as well as being relevant to functions and tasks of these agencies
or units as stipulated by instruments issued by authorities competent to
regulate functions, tasks, powers of agencies or units applying for
registration of “.gov.vn” domain names.
3. Persons
in charge of managing “.gov.vn” domain names must be competent or authorized
ones that belong to agencies or units applying for registration of lower-level
domain name below “.gov.vn” domain names under the provisions of Appendix 6
enclosed herein.
4. As for
domain names which are protected under the provisions of Clause 1 Article 8
hereof, registration and change of registration information and return of
“.gov.vn” domain names must comply with the following regulations:
a) This
procedure shall be implemented by the help of domestic ".vn" domain
registrars;
b) Within a
permitted period of 01 (one) working day, domestic ".vn" domain
registrars shall be responsible for transferring registration applications to
VNNIC for consideration and decision. Within a permitted period of 02
(two) working days, VNNIC shall send the notification of application processing
result to ".vn" domain registrars by emails in order to collaborate
in implementation process and request domain name registrars to send the
notification of application processing result to relevant agencies,
organizations or individuals.
5. The
temporary suspension or revocation of “.gov.vn” domain names and those which
are protected under the provisions of Clause 1 Article 8 hereof shall be
subjected to consideration and decision of the Ministry of Information and
Communications.
Article 14. “.vn” lookup system
1. “.vn” lookup
system (Whois VN) is the system for publicly and electronically providing
information about “.vn” domain names and domain name applicants.
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3.
Information available on Whois VN shall comprise:
a) Domain
names;
b)
Registration date, expiry date;
c) Name of
agencies, organizations or full names of individuals;
d) Domain
name registrars in charge of managing domain names;
dd)
Information about transferring domain name server.
4.
Information available on Whois VN stipulated in Clause 3 of this Article shall
be publicly provided on Internet and assist management and use of “.vn” domain
names.
Article 15. Transfer to other “.vn” domain registrars
1. Transfer
to other ".vn" domain registrars shall be carried out when all
parties involved in such transfer enter into agreement, including:
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b) The
domain name registrar currently managing domain names;
c) The
domain name registrar to whom the applicant is wishing to transfer their domain
names.
2. Transfer
to other domain name registrar shall not be allowed under the following
circumstances:
a) Within 60
(sixty) days from the date on which new registration of domain name was made,
this shall not be allowed to happen;
b) Within 30
(thirty) days before the expiry date of domain names, this shall not be allowed
to happen;
c) Domain
names are in the process of handling violations;
d) Domain
names are subjected to the temporary suspension;
dd) Domain
names are in dispute.
3. In case
the ".vn" domain registrar has not had capability of managing their
domain names, these domain names shall be put under control of other
".vn" domain registrars as agreed upon between two domain name
registrars within a permitted period of 60 (sixty) working days on receipt of
the written approval from the Ministry of Information and Communications , or
according to the written request made by the Ministry of Information and
Communications (VNNIC).
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1. In the
course of dispute resolution, VNNIC or the domain name registrar shall maintain
the status quo of registration and use of domain names according to the written
request made by agencies or organizations competent to resolve disputes in
accordance with legal regulations.
2. After
obtaining the written request for maintenance of the status quo of domain names
from parties involved in disputes, VNNIC shall consider proper solutions in
accordance with legal regulations.
3. If the
plaintiff is allowed to apply for registration of domain names which are in
dispute and revoked as defined in the successful conciliation record, the
arbitration’s effective decision or the effective verdict or judgement of the
Court, the plaintiff shall be given priority to register such domain names
within a permitted period of 15 (fifteen) working days from the date on which
these record, decision, verdict entered into force. After this
period, such domain names shall be available for registration.
Article 17. Rights and obligations of applicants for
registration of “.vn” domain names
1. Register
and use “.vn” domain names in accordance with legal regulations.
2. File
complaints, make accusations and bring legal proceedings against any illegal
intrusion or infringement upon registration and use of ".vn" domain
names.
3. Choose
domain name registrars within the system of ".vn" domain registrars
in order to register domain names or transfer to other domain name registrar.
4. Provide
adequate and accurate information when registering domain names in accordance
with regulations; bear responsibility to manage domain name information;
disseminate and update information under the guidance of domain name registrars
whenever there is any change made information, and assume responsibility to
check and provide accurate updated information upon the request made by domain
name registrars or VNNIC.
5. Engage in
or collaborate in preventing domain names from being used for law-breaking
purposes upon the request of competent state agencies.
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Article 18. Registration and use of New gTLDs in Vietnam
1.
Registration and use of New gTLDs
a) In order to be eligible for
using New gTLDs, agencies, organizations or enterprises must complete and send
the information registration form according to the form stipulated in Appendix
7 issued together with this Circular to the Ministry of Information and
Communications;
b) The Ministry of Information
and Communications shall give their written opinions on use of New gTLDs within
30 (thirty) working days of receipt of applications from agencies,
organizations or enterprises;
c) These written opinions
obtained from the Ministry of Information and Communications shall be used by these
agencies, organizations or enterprises as the basis for completing procedures
for registration of New gTLD with ICANN. After 30 (thirty) working days
of receipt of applications from agencies, organizations or enterprises, if the
Ministry of Information and Communications does not give any response, these
agencies, organizations or enterprises shall be allowed to proceed to complete
the procedure for registration of New gTLDs;
d) Within a permitted period of
05 (five) days from the date on which ICANN officially transfers New gTLDs,
agencies, organizations or enterprises must send the written notification to
the Ministry of Information and Communications (VNNIC);
dd) New
gTLDs registered and used by agencies, organizations or enterprises in Vietnam
shall be managed by the Ministry of Information and Communications in
accordance with legal regulations on Internet resources.
2.
Lower-level domain names below New gTLDs:
a) Agencies,
organizations or enterprises shall be granted lower-level domain names below
New gTLDs that they have registered to be used by affiliations or affiliated
individuals of these agencies or organizations;
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c) Within 30 (thirty) working
days from the date on which the Ministry of Information and Communications
granted the written approval, agencies, organizations or enterprises shall sign
the contract with VNNIC for registration and maintenance of lower-level domain
names below New gTLDs in Vietnam;
d)
Assignment of lower-level domain names below New gTLD must comply with legal
regulations on management of Internet resources.
Chapter III
REGISTRATION
AND USE OF INTERNATIONAL DOMAIN NAMES IN VIETNAM
Article 19. Procedure for registration of international
domain names with international domain name registrars in Vietnam
1.
Registration application:
The
registration form for international domain name is stipulated by international
domain name registrar in Vietnam on the electronic information page of the
domain name registrar, but is required to provide adequate information and meet
requirements set out in the form stipulated in Appendix 8 enclosed herein.
2.
Registration address:
The list and
contact addresses of international domain name registrars in Vietnam shall be publicly
posted at the address www. thongbaotenmien. vn in the section “International
domain name registrars in Vietnam”.
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a) Directly
submit the registration application to international domain name registrars’
offices in Vietnam. Individuals who are applicants, or those who act on behalf
of agencies, organizations or enterprises to apply for domain name registration
are required to present ID cards (or passports, if individuals are foreigners);
b) Send the
registration application to international domain name registrars’ offices in
Vietnam by post. Individuals who are applicants, or those who act on behalf of
agencies, organizations or enterprises to apply for domain name registration
are required to attach the authenticated copy of ID cards (or passports, if
individuals are foreigners);
c) Apply
online via the electronic information page of international domain name
registrar in Vietnam if applicants have held digital signatures.
Article 20. Notification of international domain name use
1.
Notification time: Before organizations or individuals bring international
domain names which have been registered into operation.
2.
Notification shall be posted at the address www. thongbaotenmien. vn.
3.
Notification contents:
a) With
regard to agencies or organizations: Name of the agency or organization defined
in the establishment decision, the corporate registration certificate (or other
valid certificates issued before the effective date of the 2014 Enterprise
Law), the certificate of registration of representative office operations; main
office address, telephone number, electronic mailbox; full name of the manager
of domain names together with the address, telephone number, electronic
mailbox, ID card or Passport number if (s)he is a foreigner;
b) With
regard to individuals: full name; permanent residence address; telephone
number; electronic mailbox; number, issue date and place of ID card or
passport, if these individuals are foreigners;
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4. Information
change:
a) Whenever
there is any change to provided information, individuals using international
domain names must log into the website www. thongbaotenmien. vn with granted
passwords in order to supplement, change or remove information regarding international
domain names which are currently in use;
b) If
passwords have been forgotten or lost, or domain names have been used by
others, applicants must send the written request to VNNIC in order for them to
re-grant passwords and adjust information.
Article 21. Report on international domain name registration
and maintenance service
1. Not later
than 15 (fifteen) days from the date on which international domain name
registration and maintenance service was provided for the public, international
domain name registrars in Vietnam must send a performance report on provision
of such service to the Ministry of Information and Communications (VNNIC) by
using the form stipulated in Appendix 9 issued together with this Circular,
enclosed herewith the authenticated copy of the investment certificate or the
establishment decision or the corporate registration certificate (or the
authenticated copy of other valid certificates issued before the effective date
of the 2014 Enterprise Law); the notarized translation of the contract with
ICANN or the contract with accredited registrars of ICANN with the aim of being
eligible for furnishing international domain name registration service in
Vietnam.
2. By the 15th
day of the first month of each quarter, international domain name registrars in
Vietnam must send the online report of updated list of international domain
names put under its management to VNNIC according to the specific instructions
stated on www.thongbaotenmien.vn.
Chapter IV
MANAGEMENT
AND USE OF IP ADDRESS AND NETWORK NUMBER
Article 22. Principles of assignment, distribution and use of
IP address
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2. IP
address shall be assigned, distributed depending on practical demands, and
shall be valid across Vietnam. Agencies, organizations or enterprises involved
in Internet activities must adhere to the following principles:
a) Carry out
routing of IP address zones in Vietnam under the guidance of the Ministry of
Information and Communications (VNNIC);
b) Do not
route IP address zones that fall outside of the list of IP addresses under the
management of the Ministry of Information and Communications (VNNIC), except
for connection to international gateways;
c)
Collaborate with VNNIC on dealing with technical issues and routing policies in
order to ensure that the national DNS and Internet exchange point as well as
Vietnam Internet operate in a safe and effective manner;
d) Make the
plan to put IPv6 address to use in uniformity with the action plan for IPv6.
3. After a
permitted period of 06 (six) months from the date of assignment and
distribution, IP addresses that have not been put to use yet will be revoked if
they fail to explain the reasonable purpose of using them on networks.
4. Agencies,
organizations or enterprises that have no longer had demands for IP addresses
must return these addresses in written to the Ministry of Information and
Communications (VNNIC). IP address zones shall be assigned and
re-distributed to any other agency, organization or enterprise in need.
5. During
the Ipv4 address exhaustion stage:
a)
Assignment, distribution of new Ipv4 address shall conform to the policy for
restricted assignment in accordance with regulations laid down by the Asia
Pacific Network Information Centre (APNIC) and publicly posted on the website
www.apnic.net;
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c)
Assignment, redistribution of revoked or returned IPv4 address zones of
agencies, organizations or enterprises must comply with regulations and
procedures stated in Article 24 hereof.
Article 23. Procedure for assignment, distribution of IP
address
1.
Application for assignment, distribution of IP address shall be composed of the
followings:
a) “IP
address registration form” according to the form stipulated in Appendix 10
enclosed herein;
b)
Establishment decision or corporate registration certificate (or other valid
certificates issued before the effective date of the 2014 Enterprise Law) (the
authenticated copy or the attached copy of certificates with the original);
c) The copy
of the licence to provide Internet service (if any).
2. Registration
address:
Agencies,
organizations or enterprises applying for assignment and distribution of IP
address shall send their application to the Ministry of Information and
Communications (VNNIC).
3. Method of
filing application:
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b) Submit
application to VNNIC’s office by post. Individuals who act on behalf of
agencies, organizations or enterprises to apply for assignment and distribution
of IP address are required to attach the authenticated copy of ID cards (or
passports, if these individuals are foreigners);
c) Apply
online at the address www.diachiip.vn if digital signatures are used.
4. The
maximum duration of grant of the application processing result or the decision
on assignment and distribution of IP address to agencies, organizations or
enterprises is 20 (twenty) working days from the date of receipt of all valid
required documents. In case of rejecting application for assignment
and distribution of IP address, the Ministry of Information and Communications
shall send the written notification in which clear reasons for such rejection
should be stated.
Article 24. Assignment, redistribution of returned or revoked
IPv4 address zones
1.
Assignment, redistribution of revoked or returned IPv4 address zones in Vietnam
shall not be governed by regulations laid down in Point a Clause 5 Article 22
hereof.
2. IPv4
address zones of agencies, organizations or enterprises in Vietnam left
unoccupied after being revoked or returned shall be assigned, redistributed to
any other agency, organization or enterprise in need according to the following
principles:
a) First
come, first served;
b) Have yet
to be assigned IPv4 address, or have already assigned IP address and explain
that at least 80% of IPv4 address zones have been assigned, distributed before
if agencies, organizations or enterprises have been assigned or distributed IP
addresses;
c)
Demonstrate the degree of necessity and possibility of immediate use of IP
address zones stated in applications for assignment and distribution;
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3. Process
for assignment and redistribution:
a) Whenever
there is any revoked or returned IPv4 address zones of agencies, organizations
or enterprises, VNNIC shall post information about such zones and the time of
receipt of application for assignment and redistribution of IP address zones on
the website www.diachiip.vn;
b) Receipt
and processing of application for assignment and distribution of IP address
shall adhere to principles stated in Clause 2 of this Article;
c) Within 03
(three) working days from the date of completion of processing of application
for assignment and distribution of IP address, VNNIC shall issue the decision
on assignment and redistribution of IP address and post it on the website
www.diachiip.vn to announce the final result of each assignment and
redistribution occasion.
Article 25. Principles of assignment, distribution and use of
network number
1. Depending
on the practical demand raised by agencies, organizations or enterprises, those
who have obtained IP addresses assigned or distributed by VNNIC shall be
entitled to apply for assignment and distribution of network number.
2. Network
numbers shall be used to enter into IP address zones of Vietnam with routing
policies which are independent or linked with service providers with different
routing policies.
3. Agencies,
organizations or enterprises that obtain assigned or distributed network
numbers shall only be allowed to use these numbers within their networks.
4. After a permitted
period of 06 (six) months from the date of assignment and distribution of
network numbers, any network number that has not been put to use yet will be
revoked if they fail to explain the reasonable purpose of using them on
networks.
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6. Receipt
of network numbers directly from international organizations must comply with
regulations laid down by international IP address resource management
organizations and regulations enshrined in Article 27 hereof. Network
numbers, upon completion of procedure for import into Vietnam in accordance
with regulations, shall be considered as Internet resources, and governed by
legislative documents on Internet resources.
Article 26. Procedure for assignment, distribution of network
numbers
1.
Registration application:
“Network
number registration form” according to the form stipulated in Appendix 11
enclosed herein;
2.
Registration address:
Agencies,
organizations or enterprises applying for assignment and distribution of
network numbers shall send their application to the Ministry of Information and
Communications (VNNIC).
3. Method of
filing application:
a) Directly
submit application to VNNIC’s office. Individuals who act on behalf of agencies,
organizations or enterprises to apply for assignment and distribution of
network numbers are required to present ID cards (or passports, if these
individuals are foreigners);
b) Submit
application to VNNIC’s office by post. Individuals who act on behalf of
agencies, organizations or enterprises to apply for assignment and distribution
of network numbers are required to attach the authenticated copy of ID cards
(or passports, if these individuals are foreigners);
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4. The
maximum duration of grant of the application processing result or the decision
on assignment and distribution of network numbers to agencies, organizations or
enterprises is 05 (five) working days from the date of receipt of all valid
required documents. In case of rejecting application for assignment and
distribution of network numbers, the Ministry of Information and Communications
shall send the written notification in which clear reasons for such rejection
should be stated.
Article 27. Direct receipt of IP address or network number
from international organizations
Agencies,
organizations or enterprises in Vietnam wishing to receive IP addresses or
network numbers directly from international organizations must follow these
steps:
1. Make a
report on receipt of IP address zone or network number by using the form
stipulated in Appendix 12 enclosed herein in order to put IP address zones or
network numbers into the list of IP addresses or network numbers subject to
VNNIC's concentrated management.
2. Pay fees
that may arise in accordance with regulations laid down by international IP
address management organizations in order to transfer IP address zones or
network numbers to the list of IP addresses and network numbers subject to the
VNNIC’s concentrated management.
3. Pay fees
for maintenance of IP address zones or network numbers as stipulated by the
Ministry of Finance.
Article 28. Revocation of IP address and network number
IP addresses
and network numbers shall be revoked under the following circumstances:
1. The
written request of the Ministry of Information and Communications is applied to
the case in which IP addresses, network numbers are revoked as stipulated in
Point a, b Clause 2 Article 50 of the Law on Telecommunications.
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3. The
written request of investigation authorities or competent state agencies
stipulated by laws in charge of information security and high technology crimes
serves as the basis in the event that use of IP addresses, network numbers
causes harm to the national security, social order and safety in accordance
with laws.
4. IP
addresses or network numbers are in breach of regulations laid down in Clause 3
Article 22 and Clause 4 Article 25 hereof.
5. After 30
(thirty) days from the date on which IP address zones, network numbers expired,
agencies, organizations or enterprises fail to pay the maintenance fee in
accordance with applicable regulations.
6. With
regard to the case in which IP addresses, network numbers are revoked as
stipulated in Clause 1 through Clause 5 of this Article, the Ministry of
Information and Communications (VNNIC) shall issue the decision on revocation
of IP addresses and network numbers; send a notification to involved agencies,
organizations or enterprises. If IP addresses subject to revocation fall within
IP address zones already issued to clients by Internet service providers, these
Internet service providers shall be responsible for carrying out revocation of
such IP address zones.
Article 29. Rights and obligations of agencies, organizations
or enterprises that obtain assigned or distributed IP addresses and network
numbers
1. Agencies,
organizations or enterprises that obtain assigned or distributed IP addresses
shall be accepted as IP address members of VNNIC.
2. IP
address members shall on their own establish their routing policy for assigned
or distributed IP address zones which is relevant to the current status of
their networks and does not obstruct the legal routing promotion of IP address
zones.
3. IP
address members shall be responsible for disclosing and updating information
used for IP address zones and network numbers which have been assigned upon the
request of the Ministry of Information and Communications (VNNIC).
4. IP
address members shall be responsible for immediately verifying and dealing with
IP addresses, network numbers under their management which may be involved in
violations against regulations when they receive the notification from the
Ministry of Information and Communications (VNNIC) or other competent agencies.
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Chapter V
IMPLEMENTARY
PROVISIONS
Article 30. Effect
1. This
Circular shall enter into force from October 10, 2015.
2. The
following regulations shall be abolished:
a) The
Circular No. 19/2014/TT-BTTTT of the Ministry of Information and Communications
dated December 5, 2014 on stipulating management and use of internet resources;
b) Article 1
of the Circular No. 09/2011/TT-BTTTT of the Ministry of Information and
Communications dated April 8, 2011 on amending and supplementing several
provisions of the Circular No. 09/2008/TT-BTTTT dated December 24, 2008 and the
Circular No. 12/2008/TT-BTTTT dated December 30, 2008;
c) The
Circular No. 10/2008/TT-BTTTT of the Ministry of Information and Communications
dated December 24, 2008 on stipulating the resolution of disputes over
".vn" domain names;
d) The
Circular No. 09/2008/TT-BTTTT of the Ministry of Information and Communications
dated December 24, 2008 on providing guidance on management and use of internet
resources.
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THE
MINISTER
Nguyen Bac Son