THE
MINISTRY OF INFORMATION AND COMMUNICATION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
07/2008/TT-BTTTT
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Hanoi,
December 18, 2008
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CIRCULAR
GUIDING
A NUMBER OF CONTENTS OF THE GOVERNMENTS DECREE NO. 97/2008/ND-CP OF AUGUST 28,
2008, ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND INFORMATION
ON THE INTERNET REGARDING THE SUPPLY OF INFORMATION ON BLOGS
Pursuant to the May 25, 2002
Ordinance on Post and Telecommunications;
Pursuant to the Governments Decree No. 187/2007/ND-CP of December 25, 2007,
defining the functions, tasks, powers and organizational structure of the
Ministry of Information and Communication;
Pursuant to the Governments 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 Ministry of Information and
Communication guides a number of contents of the Governments Decree No.
97/2008/ND-CP of August 28, 2008, on the management, provision and use of
Internet services and information on the Internet regarding the supply of
information on blogs (below referred to as Decree No.
97) as follows:
1. Blogs
defined in Clause 12, Article 3 of Decree No. 97 are construed as follows:
Blogs
are used to convey personal information for storage, exchange and sharing with
a group of people or a community of Internet users. Blogs
are created on the Internet and registered by their owners.
2. Clauses 3, 5 and 6, Article 4
of Decree No. 97 on the supply of information on blogs
are guided as follows:
2.1. To encourage the
development and use of blogs to help individuals
improve their capacity of interaction on the Internet environment for
exchanging and sharing information which is suitable to Vietnams fine customs
and compliant with laws so as to enrich social life and increase community
unity.
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2.3. To encourage the use of blogs on online social networks already registered for
operation under Vietnams laws.
3. Prohibited acts in Article 6,
Decree No. 97 on the supply of information on blogs
are specified as follows:
3.1. Taking advantage of blogs for providing, transmitting or creating direct links
to information that violates the provisions of Article 6, Decree No. 97.
3.2. Creating blogs in the name of other individuals or organizations;
illegally using blogs of other individuals; providing
untrue information that infringes upon lawful rights and interests of other
organizations and individuals.
3.3. Disseminating press,
literary and art works and publications that violate the press and publication
laws.
3.4. Using personal information
and images that violate Article 31 and Article 38 of the Civil Code.
3.5. Supplying on blogs information that violates regulations on intellectual
property, e-commerce and other relevant laws.
4. Responsibilities of Internet
users specified at Points c and d, Clause 2, Article 12 of Decree No. 97 are
guided as follows:
4.1. Bloggers
are responsible for the contents of information supplied, stored on and
transmitted from their blogs, ensuring that such
information does not violate laws and Section 3 of this Circular.
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5. Responsibilities of
enterprises providing online social network services specified in Clause 2,
Article 11 of Decree No. 97 in the supply of information on blogs
are guided as follows:
5.1. To formulate and publish on
their own websites regulations on the supply and exchange of information on blogs so as to ensure the observance of laws and Section 3
of this Circular.
To work out measures to handle blogs that violate their regulations on information supply.
5.2. To develop information management
processes suitable to their service scope.
5.3. To establish a database on blogs under their management and supply information to
competent state management agencies at the latters
request.
5.4. To block and remove
information that violates the provisions of law and Section 3 of this Circular
when detecting such information or at the request of competent state management
agencies.
5.5. To be subject to the
examination and inspection of competent state agencies according to
regulations.
6. Regulations on reporting on
the provision of blog services by enterprises
providing online social network services mentioned at Point d, Clause 2,
Article 11 of Decree No. 97 are guided as follows:
6.1. To make biannual reports
and irregular reports at the request of competent state management agencies.
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a/ Date and code of the
certificate of registration of the provision of online social network services,
issued by the Ministry of Information and Communication;
b/ Date of officially providing blog services
c/ Address of the head office;
d/ Full name, telephone number
and e-mail of the authorized representative;
e/ Number of blogs
managed by the enterprise and statistical data as requested by competent
agencies;
f/ Data on blogs
that violate the enterprises regulations on information supply and exchange.
6.3. Enterprises providing
online social network services, including blog
services, shall send biannual reports before January 15 and July 15.
6.4 Address for sending reports:
a/ The Ministry of Information
and Communication (the Department of Radio and Television Broadcast and
E-Information Management).
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b/ Provincial-level Information
and Communication Services of the localities where enterprises register their
operation.
7. Implementation effect
7.1. This Circular takes effect
15 days after its publication in CONG BAO.
7.2. Any problems arising in the
course of implementation should be reported to the Ministry of Information and
Communication for consideration and settlement.
FOR THE MINISTER
OF COMMUNICATION AND INFORMATION
VICE MINISTER
Do Quy Doan