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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
150/2018/ND-CP
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Hanoi, November
07, 2018
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DECREE
AMENDING
CERTAIN DECREES ON INVESTMENT AND BUSINESS REQUIREMENTS, AND ADMINISTRATIVE
PROCEDURES IN THE INFORMATION AND COMMUNICATIONS SECTOR
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Law on enterprises dated
November 26, 2014;
Pursuant to the Law on investment dated November
26, 2014 and the Law dated November 22, 2016 on amendments to Article 6 and
Appendix 4 regarding the list of business lines subject to specific business
conditions of the Law on investment;
Pursuant to the Law on information technology
dated June 29, 2006;
Pursuant to the Law on telecommunications dated
November 23, 2009;
Pursuant to the Law on postal services dated
June 17, 2010;
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Pursuant to the Press Law dated April 05, 2016;
At the request of the Minister of Information
and Communications;
The Government promulgates a Decree amending
certain decrees on investment and business requirements, and administrative procedures
in the information and communications sector.
Article 1. Amendments to and
abrogation of certain articles of the Government’s Decree No. 195/2013/ND-CP
dated November 21, 2013 on elaboration and implementation of the Law on
publishing
1. Clause 1 Article 7 is amended as follows:
a) Point a Clause 1 is amended as follows:
“a) The application for the license for
establishment of representative office shall be made in Vietnamese (if a
foreign language document is submitted, it must be translated into Vietnamese
and legally notarized) and submitted to the Ministry of Information and
Communications. The application includes: The application form for the license;
the written certification granted by a foreign competent authority certifying
that the publishing house or the publication distribution company (the
applicant) lawfully operates in the country where its head office is located;
the certified copies or the copies presented with their originals for
verification purpose of bachelor’s degree or academic qualifications of higher
level, the criminal record and the family register or documents proving the
lawful residence in Vietnam of the head of the representative office, issued by
competent authorities of Vietnam;"
b) Point b Clause 1 is amended as follows:
“b) Within 20 business days from the receipt of a
complete application, the Ministry of Information and Communications shall
issue the license for establishment of the representative office to the
applicant; in case of refusal, a written response in which reasons for such
refusal are indicated must be given to the applicant.
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A license for establishment of representative
office is valid for 05 years from the date of issue and may be extended
provided that each extension shall not exceed 05 years.”
2. Point c Clause 2 Article 7 is amended as
follows:
“c) Within 07 business days from the receipt of a
complete application, the Ministry of Information and Communications shall
re-issue or extend the license for establishment of the representative office;
in case of refusal to re-issue or extend the license, a written response in
which reasons for such refusal are indicated must be given to the applicant.”
3. Point a Clause 1 Article 8 is amended as
follows:
“a) It must have a head office of adequate area
meeting relevant regulations on standards of working offices;”
4. Clause 1 Article 9 is amended as follows:
a) Point a Clause 1 is amended as follows:
“a) Before appointing the general director (or
director) or the editor-in-chief of a publishing house, the agency in charge of
managing such publishing house must submit an application for approval from the
Ministry of Information and Communications. The application includes: The
application form for approval of the personnel appointment; the resume of the
to-be-appointed person; the certified copy or the copy presented with its
original for verification purpose of the bachelor’s degree or higher of the
to-be-appointed person;”
b) Point c Clause 1 is amended as follows:
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5. Point b Clause 2 Article 13 is amended as
follows:
“b) With respect to documents proving production
space: The certified copy or the copy presented with its original for
verification purpose of the certificate of land use rights or the contract or
any documents proving the land allocation or lease of land, premises or
workshop."
6. Clause 2 and Clause 3 Article 14 are amended as
follows:
a) Point b Clause 2 is amended as follows:
“b) Within 20 business days from the receipt of a
complete application, the Ministry of Information and Communications shall
issue the license to import publications to the applicant; in case of refusal,
a written response in which reasons for such refusal are indicated must be
given to the applicant.”
b) Point b Clause 3 is amended as follows:
“b) Within 07 business days from the receipt of a
complete application, the Ministry of Information and Communications shall
re-issue the license to import publications to the applicant; in case of
refusal to re-issue the license, a written response in which reasons for such
refusal are indicated must be given to the applicant.”
7. Article 17 is amended as follows:
a) Point a Clause 1 is amended as follows:
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b) Clause 2 is amended as follows:
“2. Requirements regarding technicians in charge of
operating and managing the publishing and distribution of e-publications are laid
down in Point a Clause 1 and Point a Clause 2 Article 45 of the Law on
publishing. To be specific:
They must complete training courses in Information
Technology.”
c) Point b Clause 3 is amended as follows:
“b) Technical measures must be adopted to prevent
unauthorized access via the Internet;”
8. Point b Clause 2 Article 18 is amended as
follows:
“b) Within 15 business days from the receipt of the
documentation of registration of e-publication publishing or distribution, the
Ministry of Information and Communications shall examine the implementation of
the Scheme and give a written certification of registration of e-publication
publishing or distribution to the applicant; in case of refusal, a written
response in which reasons for refusal are indicated must be given to the
applicant;”
9. The following regulations of the Government’s
Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration and
implementation of the Law on publishing shall be abrogated:
a) Point c Clause 1 Article 6;
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c) Points b, c, e Clause 1 Article 17;
d) Point a Clause 3 Article 17;
dd) Clause 5 Article 17.
Article 2. Amendments to and
abrogation of certain articles of the Government's Decree No. 72/2013/ND-CP
dated July 15, 2013 on management, provision and use of Internet services and
cyber information, as amended and supplemented in the Government's Decree No.
27/2018/ND-CP dated March 01, 2018
1. Clause 2 Article 23a is amended as follows:
“2. There are at least 01 employee in charge of
contents and at least 01 employee in charge of technical management.”
2. Article 23b is amended as follows:
a) Clause 3 is amended as follows:
“3. The news website and social networking site of
the same organization or enterprise may not use the same domain name which contains
the same characters (including secondary domain names, e.g. forum.vnn.vn,
news.vnn.vn are domain names containing different characters).”
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“4. The domain name must be compliant with
regulations on management and use of Internet resources. In case of
international domain names, certification of using legal domain names is
required.”
3. Article 32a is amended as follows:
a) Clause 1 is amended as follows:
“1. It has a headquarters with clear and
contactable address and telephone number.”
b) Clause 2 is amended as follows:
“2. It employs at least 01 person in charge of
administration of electronic games."
4. Point b Clause 3 Article 33 is amended as
follows:
“b. It employs at least 01 person in charge of
administration of electronic games."
5. The following regulations of the Government's
Decree No. 72/2013/ND-CP dated July 15, 2013 on management, provision and use
of Internet services and cyber information, as amended and supplemented in the
Government's Decree No. 27/2018/ND-CP dated March 01, 2018 are abrogated.
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b) Point b Clause 2 Article 15;
c) Clause 2 Article 32b;
d) Clause 3 Article 32d;
dd) Point e Clause 4 Article 32d;
e) Clause 4 Article 33.
Article 3. Abrogation of
certain regulations of the Government’s Decree No. 102/2009/ND-CP dated
November 06, 2009 on management of investment in IT application with funds from
state budget
The following regulations are abrogated:
1. Clause 1 Article 60.
2. Article 61.
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4. Article 63.
5. Article 64.
6. Article 65.
7. Article 66.
8. Article 67.
9. Article 68.
10. Article 69.
11. Article 70.
12. Article 71.
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Article 4. Abrogation of
certain regulations of the Government’s Decree No. 47/2011/ND-CP dated June 17,
2011 on implementation of the Law on postal services
The following regulations are abrogated:
1. Point c Clause 3 Article 11.
2. Point b Clause 2 Article 12.
3. Article 18.
Article 5. Effect
This Decree comes into force as from December 24,
2018.
Article 6. Implementation
Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of people’s committees of
provinces and central-affiliated cities, and relevant organizations and
individuals shall be responsible for implementing this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc