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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
55/2001/ND-CP
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Hanoi,
August 23, 2001
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DECREE
ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposal of the General Director of Post and Telecommunications,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. In cases where the Internet-related
international agreements, which Vietnam has signed or acceded to, contain
provisions different from the provisions of this Decree, the provisions of such
international agreements shall apply.
Article 2.-
1. Internet is a system of
information connected with one another by Internet protocols (IP), using a
global unified address system to provide various services and applications to
users.
2. In Vietnam, Internet constitutes an important
part of the national information infrastructure, is protected by Vietnamese
laws and must not be infringed upon by anybody. To ensure safety and security
for equipment systems and information on Internet is the responsibility of the
State agencies, all organizations and individuals.
Article 3.- The
development of Internet in Vietnam shall comply with the following principles:
1. The managerial capability must keep pace with
development requirements and at the same time there must be synchronous
measures to prevent acts of taking advantage of Internet to affect the national
security or breach the ethics, customs and fine traditions.
2. To develop Internet with all high-quality
services and reasonable charges so as to meet the requirements of the cause of
national industrialization and modernization.
Article 4.- To give
priority to arranging investment capital and adopt financial support mechanism
for the provision and use of Internet services for agencies and organizations
engaged in scientific research, education, training, healthcare, software
industry development as well as the Party�s
and State’s agencies.
Article 5.- To adopt
policies to encourage the loading of more information in Vietnamese language,
especially information on the Party’s undertakings and policies and the State’s
laws, on Internet. To create favorable conditions for organizations and
individuals to introduce their products and services on Internet.
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1. Information stored,
transmitted and received on Internet must comply with the corresponding
provisions of the Press Law, Publication Law, Ordinance on the Protection of
the State�s Secrets and other law provisions on intellectual
property and Internet information management.
2. Organizations and individuals providing
and/or using Internet services must be responsible for the contents of their
information stored and/or transmitted on Internet.
Article 7.-
1. The State management
agencies, units and enterprises providing Internet services shall have to
enhance the work of propagating, educating and guiding Internet service users
in the exploitation and use of information on Internet strictly according to
law, and at the same time prevent prohibited acts prescribed in Article 11 of
this Decree.
2. Organizations and individuals using Internet
shall have to observe the legislation on Internet so as to exploit and use it
in an efficient and healthy manner.
Article 8.- The
confidentiality of organizations’ and individuals’ private information on
Internet shall be ensured according to the Constitution and laws. The control
of Internet information must be taken by the competent State agencies under law
provisions.
Article 9.- No one is
allowed to hinder the legitimate right to use Internet services. Units and
enterprises providing Internet services may refuse to provide services if
organizations or individuals using them violate the legislation on Internet.
Article 10.- The
encoding and decoding of Internet information must comply with the law
provisions on cipher.
Article 11.- The
following acts are strictly prohibited:
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2. Stealing and illegally using organizations’
and individuals’ passwords, key words and private information on Internet.
3. Taking advantage of Internet to oppose the State
of the Socialist Republic of Vietnam; disrupting security and order; breaching
ethics, customs and fine traditions, and committing other law violations.
Chapter II
ESTABLISHMENT OF
EQUIPMENT SYSTEMS, PROVISION AND USE OF INTERNET SERVICES
Article 12.- Internet
services include Internet access service, Internet connection service and
Internet application service.
1. Internet access service is a service, which
provides users with the capability to access Internet.
2. Internet connection service is a service,
which provides the Internet service-providing units and enterprises with the
capability to connect with one another and with international Internet.
3. Internet application service is a service,
which uses Internet to provide its users with various applications or services,
covering: post, telecommunications, information, culture, trade, banking,
finance, healthcare, education, training, technical support and other services
on Internet.
Internet information service is one kind of
Internet application services, including services on press distribution (radio
broadcasting, video broadcasting and electronic press), publication
distribution on Internet and the service of providing assorted electronic
information on Internet.
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1. Internet service providers (ISP) mean
enterprises of all economic sectors, which are granted permits for Internet
access service provision by the General Department of Post and
Telecommunications. The ISPs shall have to comply with the provisions of this
Decree and the regulations on Internet access service management, issued by the
General Department of Post and Telecommunications.
2. Internet exchange service providers (IXP)
mean State enterprises or joint-stock companies where the State holds dominant
equities or special equities, which are granted permits for Internet connection
service provision by the General Department of Post and Telecommunications. The
IXPs shall have to comply with the provisions of this Decree and the
regulations on Internet connection service management, issued by the General
Department of Post and Telecommunications.
3. Online service providers (OSP) mean
enterprises that use Internet to provide Internet application services for
their users. The OSPs shall, besides observing the provisions of this Decree,
have to comply with law provisions on the specialized State management.
Article 14.- Internet
content providers (ICP) mean agencies, organizations and enterprises, which are
granted permits for Internet information service provision by the Ministry of
Culture and Information. The ICPs shall have to comply with the provisions of
this Decree, the regulations on the press and publication distribution on
Internet and the regulations on the establishment and supply of different kinds
of electronic news on Internet, issued by the Ministry of Culture and
Information.
Article 15.-
Private-use Internet service providers (private-use ISP) mean agencies,
organizations and enterprises, which are granted permits for private -use
Internet access service provision by the General Department of Post and
Telecommunications under the following conditions:
1. They provide Internet access services not for
business purposes.
2. The Internet service users are members of two
or many agencies, organizations or enterprises, which have the same operation
characteristics or purposes, are bound together by their operation charters or
documents that prescribe the common organizational structure or forms of
association and common operations of the members.
3. They comply with the provisions of this
Decree and regulations on Internet access and connection service management,
issued by the General Department of Post and Telecommunications.
Article 16.-
Foreign-invested enterprises that wish to provide Internet services in Vietnam
shall, besides observing the provisions of this Decree, have to comply with the
provisions of international agreements which Vietnam has signed or acceded to
as well as the provisions of the legislation on foreign investment in Vietnam.
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Article 18.- When
permitted to provide Internet services according to law provisions, the
Internet service providing enterprises shall:
1. Be entitled to establish equipment systems at
their establishments and public servicing places in order to provide all
Internet services for users inside and outside Vietnam strictly according to
their permits or business and operation conditions, except the services on the
list of Internet services banned or not yet allowed to be provided under law
provisions. The provision of Internet services for overseas service users must
comply with Vietnamese laws and the laws of foreign countries where services
are provided.
2. Be entitled to let agencies, organizations
and enterprises hire their equipment systems for the provision of Internet
application and information services and let the service users hire their
equipment systems to load electronic news of different types on Internet
according to the regulations on Internet service and information management.
3. Have to apply and create conditions for the
State management agencies to take technical and professional measures to ensure
safety and security for Internet equipment systems and information.
Article 19.-
1. Press agencies and
publishing houses having operation permits as prescribed shall be entitled to
establish equipment systems at their establishments to directly organize the
press or publication distribution on Internet or authorize the ICPs to do so.
2. When distributing press or publications on
Internet, besides the regulations on management, provision and use of Internet
services, the press agencies, publishing houses and ICPs shall have to abide by
the provisions of the legislation on press and publication management.
Article 20.-
1. Internet agents mean
organizations and individuals in Vietnam that, in the name of ISPs or OSPs,
provide Internet access and application services for users through agency contracts
and enjoy remuneration therefrom.
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a/ Provide services for service users strictly
according to the terms on the service types, quality, prices and charges already
agreed upon in the agency contracts signed with Internet service providing
enterprises.
b/ Observe the regulations on Internet service
management, issued by the State management agencies.
Article 21.-
1. Internet service users
mean organizations and individuals in Vietnam that use Internet services
through the signing of contracts with Internet service providing units or
enterprises.
2. The contracts may be made in written or oral
form or specific acts as prescribed by law. With regard to contracts on the
provision and use of Internet services, which must be made in writing under law
provisions, such provisions must be complied with. The contractual contents
must accord with the provisions of the legislation on contracts.
Article 22.- Internet
service users:
1. May use mobile Internet-accessing equipment
or install by themselves equipment systems at places which they have the full
right to use according to law provisions in order to access domestic ISPs by
the mode of direct connection through transmission channels or dial-up via the
telecommunications network, but must not access overseas ISPs by dialing direct
international telephone numbers.
2. May use all Internet application services
provided by domestic and overseas OSPs, except for services banned or not yet
permitted for use.
3. May formulate different types of electronic
news based on their own equipment systems or equipment systems of domestic and
overseas ISPs, in order to make introduction and advertisement on their
respective agencies, organizations, individuals, products and services
according to the regulations on the management of electronic news on Internet
and take self-responsibility before law for such information.
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5. Must not provide Internet services for
business purposes.
Article 23.- Internet
resources include systems of appellations and numerals used for Internet, which
are defined uniformly on the global scale. In Vietnam, Internet resources
constitute part of the national information resources, which should be managed,
planned and used fruitfully.
Article 24.- The State
shall adopt appropriate management policies in order to create conditions for
ISPs and IXPs to gradually reduce Internet access and connection service prices
and charges to the level equal to or below the average levels of the regional
countries, thereby quickly popularizing Internet in Vietnam and raising the
competitiveness of Vietnamese enterprises in the world economic integration.
Article 25.-
Organizations and individuals producing and/or importing equipment systems,
providing Internet services and using Internet resources shall have to pay
taxes, charges and fees according to the provisions of law. The tax preferences
shall be effected according to the State’s current regulations.
Article 26.- To ensure
the service users’ interests, Internet service providing enterprises shall have
the responsibility to:
1. Register and announce their service quality
standards according to the State’s regulations on service quality management.
2. Provide services for users strictly according
to registered and announced standards.
3. Report to the State management agencies on
their service quality and submit to examination and inspection by the latter
under law provisions.
Article 27.- The
Internet connection is effected on the following principles:
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2. The IXPs may connect with one another and
with international Internet.
3. The ISPs may connect with one another and
with the IXPs.
4. The private-use ISPs may connect with the
ISPs and IXPs but must not connect directly with one another.
5. The OSPs and ICPs may connect with the ISPs
and IXPs.
6. The Internet agents may connect with Internet
service-providing enterprises that have concluded the agency contracts with
them.
Chapter III
STATE MANAGEMENT OVER
INTERNET
Article 28.- The
contents of State management over Internet include:
1. Elaborating policies, strategies and plannings
for Internet development.
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3. Managing the granting of permits in Internet
activities.
4. Managing technical standards and quality of
Internet services.
5. Managing Internet service prices and charges.
6. Managing sciences and technologies in
Internet activities.
7. Managing information on Internet.
8. Managing safety and security in Internet
activities.
9. Managing the encoding and decoding of
information on Internet.
10. Managing Internet resources.
11. Examining, inspecting, settling disputes and
handling violations in Internet activities.
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Article 29.-
1. The Government shall
exercise the unified State management over Internet throughout the country. The
ministries, ministerial-level agencies, agencies attached to the Government and
the People’s Committees of the provinces and centrally-run cities shall perform
the task of State management over Internet according to the Government’s
assignment prescribed in this Decree.
2. The Government assigns the General Department
of Post and Telecommunications to perform the function of regulating and
coordinating the work of State management over Internet of the ministries,
ministerial-level agencies, agencies attached to the Government and People’s
Committees of the provinces and centrally-run cities, and act as the main body
in the Internet-related international activities.
Article 30.- The
General Department of Post and Telecommunications shall exercise the State
management over the establishment of equipment systems, the provision and use
of Internet access and connection services, including:
1. Elaborating policies, strategies and
plannings for Internet development.
2. Promulgating and guiding the implementation
of regulations on the licensing and management of Internet access and
connection services.
3. Planning, managing and distributing Internet
resources.
4. Assuming the prime responsibility for and
coordinating with the Government Cipher Commission in managing the
authentication system on Internet.
Article 31.- The
Ministry of Science, Technology and Environment shall exercise the State management
over the research, application and development of advanced technologies in
Internet activities.
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1. Promulgating and guiding the implementation
of the regulations on Internet information management.
2. Promulgating and guiding the implementation
of regulations on licensing and management of press and publication
distribution on Internet; as well as regulations on the establishment and
provision of assorted electronic news on Internet.
Article 33.- The
Ministry of Public Security shall exercise the State management over the
ensuring of security in Internet activities, including:
1. Applying professional measures to ensure the
national security regarding the Internet activities.
2. Working out and organizing the application of
technical measures for the management of Internet information security
according to law provisions, on the basis of ensuring the Internet service
quality.
Article 34.- The
Ministry of Finance shall have to assume the prime responsibility and
coordinate with the concerned ministries and branches in adopting and
submitting to the Prime Minister for decision a financial support mechanism for
the provision and use of Internet access and connection services for priority
subjects defined in Article 4 of this Decree.
Article 35.- The
Government Cipher Commission shall exercise the State management over the
encoding and decoding of Internet information, including:
1. Organizing the study and elaboration of
policies and standards on national ciphers used on Internet.
2. Issuing and guiding the implementation of
regulations on the provision and use of information encoding and decoding on
Internet.
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1. Promulgating and guiding the implementation
of regulations on the management of the provision and use of Internet
application services.
2. Making and announcing list of Internet
application services which are banned or not yet permitted for provision and
use on Internet.
Article 37.- The
People’s Committees of the provinces and centrally-run cities shall coordinate
with the ministries, ministerial-level agencies and agencies attached to the
Government in managing Internet activities in their respective provinces and
cities according to the provisions of this Decree.
Chapter IV
COMPLAINT, EXAMINATION,
INSPECTION AND HANDLING OF VIOLATIONS
Article 38.- The
complaint about administrative decisions and administrative acts regarding
Internet activities; and the denunciation to the competent State agencies about
violations related to Internet activities shall comply with the provisions of
the December 2, 1998 Law on Complaints and Denunciations.
Article 39.- The
complaint and settlement of complaints about the provision and use of Internet
services shall comply with the regulations of the State agencies in charge of
Internet, mentioned in Chapter III of this Decree.
Article 40.-
1. Based on the State
management contents prescribed in Chapter III of this Decree, the State
management agencies shall have to organize and direct examination and
inspection activities in order to promptly rectify, prevent and handle
violations in Internet activities.
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Article 41.-
Internet-related violations, forms and levels of administrative sanction
therefor are stipulated as follows:
1. A warning or fine of between VND 50,000 and
VND 200,000 shall be imposed for act of failing to declare and fill in
procedures for the re-granting of Internet service provision permit, in case
such a permit is lost or damaged.
2. A fine of between VND 200,000 and VND
1,000,000 shall be imposed for one of the following acts:
a/ Using others’ passwords, key words or private
information to illegally access or use Internet services.
b/ Using software devices to illegally access or
use Internet services.
3. A fine of between VND 1,000,000 and VND
5,000,000 shall be imposed for one of the following acts:
a/ Breaching the State’s regulations on
standards and quality in the use of Internet services.
b/ Breaching the State’s regulations on prices
and charges in the use of Internet services.
c/ Breaching the State’s regulations on the
management of Internet resources in the use of Internet services.
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e/ Breaching the State’s regulations on encoding
and decoding of Internet information in the use of Internet services.
f/ Breaching the State’s regulations on Internet
information safety and security in the use of Internet services.
4. A fine of between VND 5,000,000 and VND
10,000,000 shall be imposed for one of the following acts:
a/ Terminating or ceasing the Internet service
provision without notifying the Internet service users thereof in advance,
except for force majeure circumstances.
b/ Modifying or erasing, thus altering the contents
of Internet service provision permits.
c/ Using the expired permits for Internet
service provision.
5. A fine of between VND 10,000,000 and VND
20,000,000 shall be imposed for one of the following acts:
a/ Breaching the State’s regulations on Internet
service standards and quality in the provision of Internet services.
b/ Breaching the State’s regulations on Internet
service prices and charges in the provision of Internet services.
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d/ Breaching the State regulations on Internet
access and connection management in the provision of Internet services.
e/ Breaching the State’s regulations on encoding
and decoding of Internet information in the provision of Internet services.
f/ Breaching the State’s regulations on Internet
information safety and security in the provision of Internet services.
g/ Using Internet for the purpose of
intimidating or harassing other persons or harming their honor and dignity, but
not to the extent of being examined for penal liability.
h/ Loading on Internet or taking advantage of
Internet to disseminate debauching information or images or other information
in contravention of law provisions on the contents of information on Internet,
but not to the extent of being examined for penal liability.
i/ Stealing passwords, key words or private
information of organizations and individuals and give them to others for use.
j/ Breaching the regulations on operation,
exploitation and use of computers, thus disrupting, blockading, deforming or
destroying data on Internet, but not to the extent of being examined for penal
liability.
6. A fine of between VND 20,000,000 to VND
50,000,000 shall be imposed for one of the following acts:
a/ Establishing equipment systems and providing
Internet services in contravention of the regulations inscribed in permits.
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7. A fine of between VND 50,000,000 and VND
70,000,000 shall be imposed for act of establishing equipment systems and
providing Internet services without permits.
8. In addition to the forms of principal
sanction, depending on the nature and seriousness of their violations,
organizations or individuals may also be subject to one or many forms of
additional sanction or measures to overcome the violations’ consequences as
follows:
a/ Suspension or termination of Internet service
provision and use, for the violations mentioned at Point a , Clause 2; Point b,
Clause 2; Clauses 3 and 5, and Point b, Clause 6 of Article 41.
b/ Revocation of the right to use permits for a
definite or indefinite period of time, for violations stipulated at Point b,
Clause 4 and Point a, Clause 6, of Article 41.
c/ Confiscation of material evidences and means
used to commit administrative violations, for violations stipulated at Point b,
Clause 4; Point a, Clause 6 and Clause 7, of Article 41.
d/ Forcible restoration of the initial state that
has been altered due to administrative violations, for violations stipulated at
Point j, Clause 5 and Point b, Clause 6, of Article 41.
Article 42.- The
specialized inspectorate and People’s Committees of all levels shall
administratively sanction administrative violations in Internet activities
according to their State management functions and sanctioning competence
prescribed in the Ordinance on the Handling of Administrative Violations.
Article 43.- The
principles, time limits and procedures for sanctioning administrative
violations; the extenuating and aggravating circumstances; the statute of
limitations for sanctioning and time limits during which the Internet-related
administrative violations are considered as having not been sanctioned shall
comply with the provisions of the Ordinance on the Handling of Administrative
Violations.
Article 44.-
Organizations and individuals that cause damage to other organizations and
individuals in the provision and use of Internet services shall have to pay
compensation therefor according to law provisions.
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Chapter V
IMPLEMENTATION
PROVISIONS
Article 46.- This
Decree takes effect 15 days after its signing and replaces the Government’s
Decree No.21/CP of March 5, 1997 promulgating the provisional Regulation on the
management, establishment and use of Internet in Vietnam. To annul Point c,
Clause 3 and Point c, Clause 4, Article 11 of the Government’s Decree No.79/CP
of June 19, 1997 on sanctioning administrative violations in the field of State
management over post, telecommunications and radio frequencies.
Article 47.- The
General Department of Post and Telecommunications shall assume the prime
responsibility and coordinate with the ministries, ministerial-level agencies,
agencies attached to the Government and People’s Committees of the provinces
and centrally-run cities in guiding and inspecting the implementation of this
Decree.
Article 48.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai