Tiếng Việt- 1 Joint circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT,
- 2 Circular No. 01/2008/TT-NHNN of March 10, 2008, on the amendment, supplement of the Circular No. 09/2003/TT-NHNN dated 5 August 2003 guiding the implementation of several provisions of the Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on the management, provision and use of internet
- 3 Circular No. 09/2003/TT-NHNN of August 05, 2003, guiding the implementation of several provisions of the Decree No. 55/2001/ND-CP dated 23 August, 2001 of the Government on the management, provision and use of internet
| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 55/2001/ND-CP | Hanoi, August 23, 2001 |
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:
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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.
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.
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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.
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 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.
ESTABLISHMENT OF EQUIPMENT SYSTEMS, PROVISION AND USE OF INTERNET SERVICES
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.
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.
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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.
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.
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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.
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.
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.
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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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.
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.
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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.
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.
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.
COMPLAINT, EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS
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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.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1 Circular No. 01/2008/TT-NHNN of March 10, 2008, on the amendment, supplement of the Circular No. 09/2003/TT-NHNN dated 5 August 2003 guiding the implementation of several provisions of the Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on the management, provision and use of internet
- 2 Joint circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT,
- 3 Circular No. 09/2003/TT-NHNN of August 05, 2003, guiding the implementation of several provisions of the Decree No. 55/2001/ND-CP dated 23 August, 2001 of the Government on the management, provision and use of internet
- 4 Ordinance No. 30/2000/PL-UBTVQH10 of December 28, 2000 on state secrets protection
- 5 Law No. 29-LCT-HDNN of December 28, 1989, on press