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Government decree on use of internet services

SOCIALIST
REPUBLIC OF VIETNAM

GOVERNMENT DECREE ON THE MANAGEMENT,
PROVISION AND USE OF INTERNET SERVICES

GOVERNMENT

According to the Governmental Organization Law dated
September 30, 1992,

At the proposal of the Secretary General of the Department
General of Posts and Telecoms,

DECREES:

CHAPTER I

GENERAL PROVISIONS

Article 1.

1. The Decree adjusts the management, provision and use of
Internet services in the territory of Vietnam. Every domestic,
foreign organization and individual involving in Internet-related
activities in Vietnam is to conform to the decree.

2. In case otherwise expressly stated in Internet-related
international treaties signed or participated by Vietnam, those
prevail.

Article 2.

1. Internet is an information system inter-connected by
Internet protocol (IP) and uses a globally uniform address system to
provide different services and applications to Internet users.

2. In Vietnam, Internet is an important part of the
national information infrastructure and protected by the Vietnamese
law,
can
not be violated by anybody. Ensuring the safety and security for
Internet equipment and information on the Internet is the
responsibility

of all State agencies, organizations and individuals.

Article 3. Internet development in Vietnam shall be
implemented on the following principles:

1. Management capacity must be in line with development
needs and at the same time synchronous measures must be
constructed to prevent Internet abuses, causing negative impact to the
national security and breaking national morality, traditional fine
customs.

2. Internet should be developed with sufficient and
high-quality services at reasonable charges to meet the needs of
national
modernization and industrialization.

Article 4. Scientific research, education, training,
health
care, software development institutions and organizations, Party and
State agencies shall be prioritized in terms of the allocation of
investment capital and application of financial assistance regarding
the

provision and use of Internet services.

Article 5. Encourage to publish information in Vietnamese,
especially information related to Party’s directions and policies,
State’s law on the Internet and create favorable conditions for
organizations and individuals, through Internet, to introduce their
products and/or services.

Article 6.

1. Information to be stored, upload and download from the Internet must
comply with relevant regulations of the Press Law,
Publication Law, Ordinance on the Protection of State Secrets and other
regulations on intellectual property and information
management on the Internet.

2. Organizations, individuals providing and using Internet
services are responsible for information accessed, transmitted on
the Internet.

Article 7.

1. State management agencies, organizations, enterprises
providing Internet services are responsible for enhancing the access to
education, propaganda and guidance for Internet users in exploring and
using information on the Internet legally and preventing actions
prohibited in Article 11 of the Decree.

2. Organizations, individuals using Internet are
responsible for complying to regulations on Internet to use Internet
most
effectively and healthy.

Article 8. Secrets of private information of organizations
and individuals on the Internet shall be constitutionally and legally
protected. Information supervision on the Internet shall be carried out
by competent State agencies as stipulated by the law.

Article 9. No entities have the rights to hinder the legal
use of Internet services. Organizations, enterprises providing Internet
services are entitled to decline providing services if organizations
and
individuals violate laws and regulations on Internet.

Article 10. Encoding and decoding information on the
Internet
must comply with regulations and laws on encryptation.

Article 11. The following actions shall be strictly
prohibited:

1. Perturb and destroy equipment and hinder the provision
and
use of Internet services.

2. Steal and illegally use passwords, code keys and private
information of organizations and individuals on the Internet.

3. Take advantages of the Internet to do hostile actions
against the Socialist Republic of Vietnam or cause security unrest,
violate
morality and good customs and other laws and regulations.

CHAPTER II

ESTABLISHMENT OF EQUIPMENT SYSTEMS, PROVISION AND USE OF INTERNET
SERVICES

Article 12. Internet services include Internet access
service, Internet exchange service and Internet application service.

1. Internet access service provides users accessibility to
Internet.

2. Internet exchange service provides Internet providers
inter-connectivity and connectivity to international Internet.

3. Internet application service provides users
applications
and services, including but not limited to posts &
telecommunications, culture & information, commerce, banking & finance,
health care, education & training, technical assistance and
others on the Internet.

4. Internet information service is the utilization of
Internet application service including but not limited to press release
(broadcasting, television and electronics press) and publication on the
Internet and other services providing other e-information news on
the Internet.

Article 13. Internet providers include:

1. Internet service providers (ISP) are enterprises of all
economic sectors, granted Internet access service provision license by
the Department General of Posts & Telecommunications (DGPT). ISPs must
conform to regulations of the Decree and regulations on
Internet access service management by the DGPT.

2. Internet exchange providers (IXP) are State-owned
enterprises or stock companies dominated by the State, granted Internet
exchange service provision license by the DGPT. IXPs must obey
regulations of the Decree and regulations on Internet exchange
service management by the DGPT.

3. Online service providers (OSP) are enterprises using
Internet to provide Internet application services to users. OSPs,
besides
execute regulations of the decree, must abide regulations on
specialized
State management.

Article 14. Internet Content Providers (ICP) are
organizations, enterprises granted Internet content service provision
license
by the Ministry of Culture & Information. ICPs must conform regulations
of the decree and regulations on press release and publication
on the Internet, regulations on establishment and provision of
electronics news on the Internet promulgated by the Ministry of Culture
&
Information.

Article 15. Private Internet service providers (private
ISPs) are organizations and enterprises granted private Internet access
service provision by the DGPT with the following conditions:

1. Their purpose is not to make profits from the Internet access
service.

2. Their Internet service users are members of two or more agencies,
organizations and enterprises having the same activity or working
purposes, and are linked to one another by working characters,
documents
stating the general organizational structure, alliance or joint
activities among members.

3. They conform with regulations of the decree and regulations on
Internet access and exchange management issued by the DGPT.

Article 16. In addition to abiding by regulations of the decree,
foreign-owned enterprises wishing to provide Internet services in
Vietnam, must execute regulations of the decree and regulations of
international conventions signed or participated by Vietnam and
regulations on foreign investment in Vietnam.

Article 17. Basing on Internet strategies and development projects in
Vietnam, the DGPT stipulates procedures and conditions for
licensing ISPs and IXPs; the Ministry of Culture & Information
stipulates procedures and conditions for licensing ICPs and relevant
Ministries and branches stipulate conditions for licensing OSPs
according to their specialised fields of State management..

Article 18. After having been licensed to provide Internet services
according to the law, Internet services providers:

1. are entitled to set up equipment system in their office and public
places to provide Internet services to domestic and foreign users
according to the granted licenses, and business terms and conditions,
except for those prohibited or yet to be provided by the law. The
provision of Internet services to overseas users must conform with the
Vietnamese law and the laws of the country where service users
reside.

2. are entitled to let other agencies, organisations and enterprises
rent their equipment system to organizations, enterprises to provide
Internet application and content service and to users to set up
electronics news on the Internet as stipulated on Internet content and
service management.

3. are responsible for applying and facilitating State management
units
to implement technical methods and professional measures to
ensure the safety and security of the information and equipment system
on the Internet.

Article 19.

1. Press organizations and publishing houses having been granted
relevant licenses are entitled to establish equipment system in their
offices to directly publish or delegate to ICPs to release publications
on the Internet.

2. When issuing publication on the Internet, in addition to conforming
regulations on Internet services management, provision and
usage, press organizations, publishing houses and ICPs are responsible
for implementing regulations on press and publication
management.

Article 20.

1. Internet agents are Vietnam-based organizations and individuals
who,
on behalf of ISPs and OSPs, provide Internet access and
application services to users through agent contract and favour
commission.

2. Internet agents are responsible for:

a) providing services to users according to regulations on the type,
quality, rate and charge of service as committed in the contract
signed with Internet services providers.

b) abiding by regulations on Internet service management promulgated
by
State management units.

Article 21.

1. Internet users being Vietnam-based organizations, individuals can
use Internet services by signing contracts with Internet services
providers.

2. The contract can be in written form, spoken or other concrete deeds
in accordance with the laws. Regarding those types of Internet
service provision and use contracts that are requited by the law to be
made in written form, such legal regulations must be observed.
The contents of the contracts must also be in line with the laws on
contracts.

Article 22. Internet users:

1. are entitled to use mobile Internet access equipment or set up
equipment system at locations they have full rights to use in
accordance

the law to access to domestic ISPs by direct connection through data
communication channels or telecommunication channel, but not
access to overseas ISPs by dialing international direct dial methods.

2. are entitled to use domestic and overseas OSPs’s application, except
for those prohibited or have not been permitted.

3. are entitled to set up types of electronics news in their equipment
system or domestic and foreign Internet services providers’ to
promote and introduce about their organizations, products and services
or about certain individuals as stipulated on management of
electronics news and are legally responsible for the such.

4. are responsible for protecting passwords, code keys and their
equipment.

5. are prohibited to re-trade Internet services.

Article 23. Internet resources include globally defined Internet names
and numbers. In Vietnam, Internet resources are parts of the
national information resources need to be managed, projected and used
effectively.

Article 24. The State make appropriate policies to facilitate IXPs,
ISPs to step by step reduce charge of Internet access and exchange
service to the level equal to or lower than the average in the region
to universalize Internet in Vietnam and improve competitiveness of
Vietnamese enterprises in international economic integration.

Article 25. Internet equipment producers and importers, Internet
services providers and Internet users are responsible for paying
charges, fees and expenses as legally stipulated. Tax preference will
be
done according to the State’s regulations.

Article 26. To ensure the interest of Internet users, Internet
services
providers are responsible for:

1. registering and publishing services quality standards according to
regulations on services quality management by the State.

2. ensuring services provision to users as quality registered and
published.

3. reporting and being inspected and examined by State services
quality
management units.

Article 27. Internet connectivity shall be done on the following
principles

1. Setup and use of telecommunication channels to inter-connect
equipment systems of Internet services providers and connect to
public telecommunication network must conform to regulations on
telecommunications.

2. Internet exchange providers (IXPs) are entitled to interconnect and
connect to international Internet.

3. Internet service providers (ISPs) are entitled to interconnect and
connect to IXPs.

4. Private ISPs are entitled to connect to ISPs and IXPs, not directly
inter-connect.

5. Online service providers (OSPs), Internet content providers (ICPs)
are entitled to connect to ISPs and IXPs.

6. Internet agents are entitled to connect to their Internet service
provider (ISP).

CHAPTER III

STATE MANAGEMENT ON THE INTERNET

Article 28. The contents of State’s Internet management
include:

1. Making policies, strategies, development projects on
Internet.

2. Making and promulgating legal documents on Internet
management, Internet equipment system establishment, Internet
services provision and uses.

3. Managing license allocation on Internet activities.

4. Managing technical standard and Internet service
quality.

5. Managing Internet charge and fee.

6. Managing science and technology in Internet activities.

7. Managing information on the Internet.

8. Managing safety and security in Internet activities.

9. Managing encoding and decoding information on the
Internet.

10. Managing Internet resources.

11. Inspecting and resolving disputes and settle violations
in Internet activities.

12. Doing international cooperation in Internet activities.

Article 29.

1. The Government uniformly manages Internet in the nation
as a whole. Ministries, ministerial-level organizations, bodies
affiliated to the Government and People’s Committee of centrally-run
provinces and cities manage the Internet under the assignment by
the Government according to the Decree.

2. The Government entrust the Department General of Posts
&
Telecommunications (DGPT) to perform the functions of
regulating and coordinating with ministries, ministerial-level organs,
bodies affiliated to the Government and People’s Committee of
centrally-run provinces and cities in terms of State management of the
Internet, and act as the connector in international activities related
to the Internet.

Article 30. DGPT manages equipment system establishment,
Internet exchange and access service provision and use,
including:

1. Making Internet policies, strategies and development
projects.

2. Promulgating and instructing implementations of
regulations on license and management of Internet access and exchange
service.

3. Projecting, managing and allocating Internet resources.

4. Presiding and co-operating with Governmental Essential
Department to manage certification system on the Internet.

Article 31. The Ministry of Science, Technology &
Environment manages the application studies and advanced technology
development in Internet activities.

Article 32. The Ministry of Culture & Information manages
information on the Internet, including:

1. Promulgating and instructing implementations of
regulations on information management on the Internet.

2. Promulgating and instructing implementations on license
and management of press release and publication on the Internet;
regulations on management of electronics news establishment and
provision on the Internet.

Article 33. The Ministry of Public Security manages the
safety in Internet activities, including:

1. Implementing professional methods to ensure the
national
safety of Internet activities.

2. Building and organizing to carry out professional
methods to manage information security on the Internet according to
legal
regulations on the basis of ensuring Internet services quality.

Article 34. The Ministry of Finance is responsible for
presiding and cooperating with relevant ministries and branches to
submit to the Prime Minister decisions on fiscal assistance procedures
for Internet access and exchange service provision and use for
preference-beneficiary objects as stipulated in Article 4 of the
Decree.

Article 35. The Governmental Encrytation Department
manages
encoding and decoding of information on the Internet,
including:

1. Organizing to build national code polices and standards
used on the Internet.

2. Promulgating and instructing implementations of
regulations on information encoding and decoding provision and use on
the
Internet.

Article 36. Ministries, ministerial-level organs, bodies
affiliated to the Government manage Internet application services
within their management, including:

1. Promulgating and instructing implementations of
regulations on Internet application service provision and use.

2. Promulgating lists of Internet application services
prohibited or have not been permitted to use.

Article 37. People’s Committee of provinces and cities
under the Central cooperates with ministries, ministerial-level organs,
bodies affiliated to the Government to implement the management of
Internet activities in their localities as stipulated in the Decree.

CHAPTER IV

COMPLAINTS, INSPECTION AND VIOLATION SETTLEMENT

Article 38. Complaints on Internet-related administrative
decisions and activities; complaints to authoritative State organs on
Internet-related violations shall be implemented according to
regulations in the Complaint Law, dated December 2, 1998.

Article 39. Complaints and complaint resolutions on
Internet services provision and use shall be done according to
regulations by Internet State management organizations as expressly
stated in Chapter III of the Decree.

Article 40.

1. Basing on State management as stipulated in Chapter III
of the Decree, State management organs are responsible for
organizing and presiding inspection and examination activities to
improve, protect and resolve promptly violations in Internet
activities.

2. Internet services activities, private ISPs, ICPs,
Internet agents and Internet users shall be under the inspection,
examination
of authoritative State organs.

Article 41. Violations, punishments of Internet-related
administrative punishments shall be regulated as follows:

1. Warning punishment and money fine from VND50,000 to
VND200,000 for not declaring to be re-grant Internet service
provision license when it is lost or in damage.

2. Money fine from VND200,000 to VND1,000,000 for one of
the following violations:

a) Use other’s passwords and code keys to access and use
Internet services illegally.

b) Use software tools to access, use Internet services
illegally.

3. Money fine from VND1,000,000 to VND5,000,000 for one of
the following violations:

a) Violating State’s regulations on standards and
qualities
in using Internet services.

b) Violating State’s regulations on price and fees in
using
Internet services.

c) Violating State’s regulations on Internet resources
management in using Internet services.

d) Violating State’s regulations on Internet access,
exchange management in using Internet services.

e) Violating State’s regulations on encoding and decoding
information on the Internet in using Internet services.

f) Violating State’s regulations on information safety and
security in using Internet services.

4. Money fine from VND5,000,000 to VND10,000,000 for one
of
the following violations:

a) Stop or temporarily stop providing Internet services
without proclaiming Internet users in advance, except for majeure
force.

b) Erase to change contents Internet service provision
license

c) Use out-of-date Internet service provision license.

5. Money fine from VND10,000,000 to VND20,000,000 for one
of the following violations:

a) Violating State’s regulations on standards and qualities in using
Internet services.

b) Violating State’s regulations on price and fees in
using
Internet services.

c) Violating State’s regulations on Internet resources
management in using Internet services.

d) Violating State’s regulations on Internet access,
exchange management in using Internet services.

e) Violating State’s regulations on encoding and decoding
information on the Internet in using Internet services.

f) Violating State’s regulations on information safety and
security in using Internet services.

g) Using Internet to threaten, disturb, offend other’s
human dignity, honour but not to the boundary of criminal
responsibility.

h) Posting to Internet or using Internet to propagandize
depraved information and pictures, or information against the law on
information on the Internet, but not to the boundary of criminal
responsibility.

i) Stealing passwords, code keys, private information of
organizations, individuals and make them public.

k) Violating regulations on operating, exploring and using
computers to perturb Internet operations, blockade or distort,
destroy data on the Internet but not to the boundary of criminal
responsibility.

6. Money fine from VND20,000,000 to VND50,000,000 for one
of the following violations:

a) Establishing equipment system and providing Internet
service not as stipulated in the license.

b) Inventing and intentionally spreading virus programmes
on
the Internet but not the boundary of criminal responsibility.

7. Money fine from VND50,000,000 to VND70,000,000 for
establishing equipment system and providing Internet services
without permission from competent authorities.

8. In addition to major punishment, depending on violation
levels, violators can be additionally punished as follows:

a) Temporarily suspending or suspending the provision and
use of Internet services for violations regulated in Clause 2a,
Clause 2b, Clause 3, Clause 5, Clause 6a of Article 41.

b) Confiscating license limitedly or unlimitedly for
violations regulated in Clause 4b and Clause 6a of Article 41.

c) Confiscating material evidence, tools used to do
violations regulated in Clause 4b, Clause 6a, Clause 7 of Article 41.

d) Restoring the initial situation due to violations
regulated in Clause 5k, Clause 6b of Article 41.

Article 42. Specialized Inspectors and Peoples’ Committee
at all levels will enforce penalties for administrative violation
regarding administrative violations in the field of Internet according
to their State management functions and penalty competence as
regulated in Administrative Violation Penalty Ordinance.

Article 43. Principles of penalty, periods of penalty,
procedures of penalty, attenuating circumstances, aggravating
circumstances, statute of limitations and time limits at which penalty
is deemed not to be imposed applied to administrative violations in
the field of Internet will apply the Administrative Violation Penalty
Ordinance.

Article 44. Organizations, individuals causing others’
losses and damages in Internet services provision and use shall
compensate as stipulated by the law.

Article 45. Internet abuse to oppose the Socialist
Republic
of Vietnam and perturb safety and security and other serious
violations shall be tracked down the criminal responsibility according
to the law.

CHAPTER V

IMPLEMENTATION PROVISIONS

Article 46. The Decree shall come into full effects 15 days
after the signing date and replaces Decree 21/CP dated March 5,
1997 by the Government, promulgating temporary regulations on Internet
management, establishment and use in Vietnam, abrogate
Clause 3c and Clause 4c of Article 11 of Decree 79/CP dated June 19,
1997 by the Government, regulating administrative punishments
in State management on telecommunication and radio frequency.

Article 47. DGPT, in collaboration with ministries,
ministerial-level organs, bodies affiliated to the Government, People’s
Committee of centrally-run provinces and cities, preside to instruct
and
examine the implementation of the Decree.

Article 48. Ministers, Heads of Ministerial-level organs,
Heads of bodies affiliated to the Government, Chairman of People’s
Committee of centrally-run provinces and cities are responsible for
implementing the Decree

FOR & ON BEHALF OF THE GOVERNMENT

PRIME MINISTER


(signed)


PHAN VAN KHAI

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