|
THE MINISTRY OF CULTURE AND INFORMATION
-------
|
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
------------
|
|
No:
27/2002/QD-BVHTT
|
Hanoi, October 10, 2002
|
DECISION
ISSUING THE REGULATION ON MANAGEMENT OF, AND
PERMIT GRANTING FOR, THE PROVISION OF INFORMATION AND ESTABLISHMENT OF WEBSITES
ON INTERNET
THE MINISTER OF CULTURE AND INFORMATION
Pursuant to the Government’s Decree No.81/CP of November 8, 1993 on the
functions, tasks, powers and organizational structure of the Ministry of Culture
and Information;
Pursuant to the Government’s
Decree No.55/2001/ND-CP of August 23, 2001 on the management, provision and use
of Internet services;
Pursuant to the Government’s
Decree No.31/2001/ND-CP of June 26, 2001 on sanctions against administrative
violations in the field of culture and information;
At the proposal of the director of the Press Department, the Ministry of
Culture and Information,
DECIDES:
Article 1.- To issue together with this Decision the
Regulation on management of, and permit granting for, the provision of
information and establishment of websites on Internet.
Article 2.- The director of the Press Department and the
chief inspector of the Ministry of Culture and Information, the directors of
the provincial/municipal Culture and Information Services shall have to guide
and inspect the implementation of this Regulation, and implement it.
Article 3.- This Regulation takes effect as from the date of
its signing and replaces the Regulation on the granting of permits for the
provision of information onto Internet, issued together with Decision
No.1110/BC of May 21, 1997 of the Minister of Culture and Information. All the
earlier provisions contrary to this Regulation are hereby annulled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
MINISTER OF CULTURE AND INFORMATION
Pham Quang Nghi
REGULATION
ON MANAGEMENT OF, AND PERMIT GRANTING FOR,
THE PROVISION OF INFORMATION AND ESTABLISHMENT OF WEBSITES ON INTERNET
(Issued together with Decision No.27/2002/QD-BVHTT of October 10,
2002)
Chapter I
GENERAL PROVISIONS
Article 1.- The Ministry of Culture and Information of the
Socialist Republic of Vietnam (hereinafter called the Ministry of Culture and
Information) is the agency performing the function of State management of, and
granting permits for, the provision of information on Internet (for Internet
content providers-ICP) and establishment of websites on Internet.
Article 2.- In this Regulation, the following terms shall be
construed as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Website is a form of bulletin made on
Internet.
Article
3.-
1. Domestic and foreign agencies, organizations
and enterprises as well as legal persons involving foreign elements in Vietnam,
that provide information and/or establish websites on Internet, shall all be
governed by this Regulation.
2. In cases where Internet-related international
agreements which Vietnam has signed or acceded to contain provisions other than
those of this Regulation, the provisions of such international agreements shall
apply.
Article 4.- All information of Internet content providers
and websites mentioned in this Regulation must comply with the following
provisions:
1. The information’s
contents must not cause harms to the independence, sovereignty and territorial
integrity of the Socialist Republic of Vietnam; must not incite people to
oppose the State of the Socialist Republic of Vietnam or to destroy the
entire-population great unity bloc.
2. They must not instigate violence, propagate
aggressive wars, provoke hostilities among nationalities and peoples of
different countries, nor incite obscenity, depraved life or crimes.
3. They must not disclose the State’s secrets, military, security, economic and
diplomatic secrets as well as other secrets prescribed by the legislation of
the Socialist Republic of Vietnam.
4. They must not provide information onto
Internet nor establish Internet websites if having no permits issued by the
Ministry of Culture and Information.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 5.- Contents which must be presented on the
webmasters and home pages of Internet content providers and on websites:
1. The names of the Internet content provider
and the website.
2. The name of the managing agency (if any).
3. The serial number of the permit, the date of
issuance and the issuing agency.
4. The full name of the person with prime
responsibility, of the Internet content provider and the website.
Chapter
II
PERMIT-GRANTING CONDITIONS AND PROCEDURES
Article 6.- The permit-granting conditions
1. For Vietnamese agencies, organizations and
enterprises:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Clearly determining the type of to be-provided
information, information contents, columns and information-updating frequency.
- Having persons with full competence to take
responsibility for the information contents and with information management
skills.
- Having adequate technical means in service of
information provision, and having valid Internet domain address.
2. For Vietnam-based foreign agencies,
organizations and enterprises:
- Diplomatic missions, consulates, and
representative offices of international organizations, inter-governmental
organizations, non-governmental organizations and foreign news and press
agencies, including their heads, that wish to provide information onto Internet
in Vietnam must all get written approval of the Foreign Ministry of the
Socialist Republic of Vietnam (hereinafter called the Foreign Ministry).
- For representative offices of foreign
economic, cultural, scientific and consultancy organizations; foreign companies
and enterprises; foreign-invested economic organizations, companies and
enterprises, they must satisfy all conditions for lawful operation in Vietnam
and have their official head-offices in Vietnam.
- Having lawful representatives to take
responsibility for the information contents.
- Clearly determining type of information to be
provided on Internet and the information contents.
- Having adequate technical means in service of
information provision and having valid Internet domain address.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. For Vietnamese agencies, organizations and
enterprises:
- The application for permit, made according to
the form set by the Ministry of Culture and Information.
- The copy of the decision on the establishment
of the concerned agency, organization or enterprise, notarized by the State
Notary Public or competent authority.
- The written proposal of the managing agency.
- The operation scheme and detailed plan on the
provision of information on Internet (types of information to be provided,
information contents and columns).
- The curricula vitae of the person in charge of
the contents and the members in charge of information provision, with
certification by the managing agency.
2. For Vietnam-based foreign agencies and
organizations:
a/ For diplomatic missions, consulates, and
representative offices of international organizations, inter-governmental
organizations, non-governmental organizations and foreign news and/or press
agencies
- The written declaration for registration of
permit granting for website establishment, made according to the form set by
the Ministry of Culture and Information (with signature of the lawful
representative or the authorized person in charge of the information contents).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The operation scheme and detailed plan on the
provision of information on Internet (types of information to be provided,
information contents and columns).
b/ For representative offices of foreign
economic, cultural, scientific and consultancy organizations; foreign companies
and enterprises; foreign-invested economic organizations, companies and
enterprises
- The written declaration for registration of
permit granting for website establishment, made according to the form set by
the Ministry of Culture and Information (with signature of the lawful
representative or the authorized person in charge of the information contents).
- The copies of the investment license, the permit
to open representative office and papers related to operation of the
organization, company or enterprise named in the application for permit, with
certification by Vietnam State Notary Public.
- The operation scheme and detailed plan on the
provision of information on Internet (types of information to be provided,
information contents and columns).
- The curricula vitae of the person in charge of
the information contents and the members in charge of information provision.
Article 8.- The permit-granting procedures
All Vietnam-based agencies, organizations and
enterprises that wish to provide information and/or establish websites on
Internet in Vietnam must fill in the permit-granting procedures and send their
dossiers to the Ministry of Culture and Information (the Press Department).
Within 30 days after receiving the valid
dossiers, the Ministry of Culture and Information must consider the dossiers
and decide on permit granting. In case of not granting permits, it must reply
in writing, clearly stating the reasons therefor.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The provincial/municipal Culture and
Information Services shall receive and evaluate the permit-application dossiers
for the provision of information and/or establishment of websites on Internet
from locally-run agencies, organizations and enterprises, and propose in
writing the Ministry of Culture and Information to consider the permit
granting.
Chapter
III
INSPECTION, SUPERVISION, COMMENDATION AND HANDLING OF VIOLATIONS
Article 10.- Inspection and supervision
The culture and information inspectorate shall
perform the specialized inspection function under law provisions.
The Press Department of the Ministry of Culture
and Information shall have to assume the prime responsibility and coordinate
with the concerned agencies in organizing annual or extraordinary inspection of
the use of permits for the provision of information and operation of websites
on Internet.
Article 11.- Commendation
Agencies, organizations and individuals that
record achievements in detecting violations of the stipulations on information
provision in Decree No.55/2001/ND-CP and the provisions of this Regulation
shall be com-mended and/or rewarded under the State’s
regulations.
Article 12.- Handling of violations
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 13.- Competence to handle violations
1. The Ministry of Culture and Information shall
decide on the withdrawal of permits for the provision of information and
operation of websites on Internet.
2. The People’s
Committees of the provinces and centrally-run cities shall request the
provincial/municipal Culture and Information Services to handle acts of violating
the stipulations on the provision of information on Internet in Decree
No.55/2001/ND-CP and this Regulation in their respective localities according
to their competence defined in the Government’s
Decree No.31/2001/ND-CP on sanctions against administrative violations in the
field of culture and information.
For cases of particularly serious violations,
the presidents of the People’s
Committees of the provinces and centrally-run cities may temporarily suspend
the provision of information on Internet and immediately report such to the
Minister of Culture and Information for consideration and decision.
3. The provincial/municipal Culture and
Information Services shall have to organize the implementation of sanctioning
decisions of the Ministry of Culture and Information and provincial/municipal
People’s Committees; withdraw
permits in cases where agencies or organizations violate the stipulations on
the provision of information on Internet in Decree No.55/2001/ND-CP and this
Regulation.
4. The culture and information inspectorate
shall have the right to inspect and handle acts of violating the stipulations
on the provision of information on Internet in Decree No.55/2001/ND-CP and this
Regulation according to their competence provided for in the Government’s Decree No.31/2001/ND-CP on sanctions against
administrative violations in the field of culture and information.
MINISTER OF CULTURE AND INFORMATION
Pham Quang Nghi
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.