Thông tư liên tịch 01/2001/TTLT/TCBD-BCA

JOINT CIRCULAR

PROVIDING GUIDANCE ON ENSURING NETWORK SAFETY AND INFORMATION SECURITY IN POST AND TELECOMMUNICATIONS ACTIVITIES

On November 12, 1997 the Government issued Decree No.109/1997/ND-CP on post and telecommunications. In furtherance of the provisions of this Decree, the General Department of Post and Telecommunications and the Ministry of Public Security hereby jointly guide a number of points on ensuring network safety and information security in post and telecommunications activities as follows:

I. GENERAL PROVISIONS

1. Ensuring network safety and information security in post and telecommunications activities for Vietnamese agencies, organizations and individuals as well as foreign organizations and individuals lawfully operating in Vietnam (hereafter called agencies, organizations and individuals for short) shall cover the assurance of network safety and information security in the State management, production and business activities regarding the establishment of post and telecommunications networks; the provision and use of post and telecommunications services; the production and use of radio transmitters and receiver-transmitters; and the construction and installation of post and telecommunications projects.

2. All agencies, organizations and individuals carrying out activities related to the field of post and telecommunications shall have to abide by the legislation thereon; ensure network safety and information security in post and telecommunications activities; be subject to the management, examination and inspection by, as well as satisfy the requirements on ensuring network safety and information security of the General Department of Post and Telecommunications, the Ministry of Public Security and competent State bodies.

II. ENSURING POST AND TELECOMMUNICATIONS NETWORK SAFETY

The assurance of post and telecommunications network safety shall be effected as follows:

1. The General Department of Post and Telecommunications shall have to coordinate with the Ministry of Public Security in examining and appraising the list of key post and telecommunications projects proposed by post and telecommunications enterprises so as to submit them to the Government for ratification the list of post and telecommunications projects that should be guarded and protected by the people’s police force.

The Ministry of Public Security shall have to organize and deploy the people’s police force to guard and protect the key projects on the list already ratified by the Government.

2. Post and telecommunications enterprises (hereafter called enterprises for short) shall have to coordinate with the specialized units under the Ministry of Public Security in:

a/ Elaborating plans for protection; fire and explosion prevention and fight; irregular and regular patrol and inspection of post and telecommunications networks and projects; as well as the key projects on the list already ratified by the Government;

b/ Elaborating plan for coordinated action in emergency cases such as the intrusion into or destruction of, post and telecommunications networks and projects;

c/ Organizing safeguarding forces, equipping post and telecommunications networks and projects under their management with protection devices.

3. The specialized units under the Ministry of Public Security shall have to guide enterprises to comply with the provisions of Points a, b and c, Clause 2, Section II of this Circular and provide the latter with professional training and guidance on a contractual basis.

4. Owners of special-use post and telecommunications networks or internal networks, post and telecommunications agents and users of post and telecommunications services shall have the responsibility:

a/ To protect safety for network operations, subscribed terminal equipment and their passwords;

b/ Not to abuse or let other people to abuse the networks, subscribed terminal equipment and their passwords to cause interference or disturbance or destroy post and telecommunications network operations as well as projects;

c/ To detect, fully and promptly notify activities of destroying post and telecommunications networks as well as projects to enterprises and units under the General Department of Post and Telecommunications as well as the specialized units under the Ministry of Public Security and the People’s Committees of all levels.

III. ENSURING INFORMATION SECURITY IN POST AND TELECOMMUNICATIONS ACTIVITIES

The assurance of information security in post and telecommunications activities shall be effected as follows:

1. Regarding the granting of permits for the establishment of special-use post and telecommunications networks and the use of radio transmitters, receiver-transmitters to foreign organizations and individuals:

a/ Within 10 working days or 3 working days for special cases as from the date of receiving a written request from the Ministry for Foreign Affairs and valid dossiers of application for permits from foreign organizations or individuals in Vietnam that are entitled to diplomatic or consular privileges and immunities, the Ministry of Public Security shall have to study the dossiers and give written replies to the Ministry for Foreign Affairs and the General Department of Post and Telecommunications. On that basis, the General Department of Post and Telecommunications shall consider the granting of permits and notify such to the Ministry of Public Security;

b/ Within 10 working days after receiving the official dispatch from the General Department of Post and Telecommunications and valid dossiers of application for permits from foreign organizations or individuals in Vietnam being subjects other than those defined at Point a above, the Ministry of Public Security shall have to study the dossiers and reply the General Department of Post and Telecommunications in writing. On that basis, the General Department of Post and Telecommunications shall consider the granting of permits and notify such to the Ministry of Public Security.

2. Regarding the granting of permits for the establishment of public post and telecommunications networks; the provision of post and telecommunications services; the establishment of special-use post and telecommunications networks; the production and use of radio transmitters and receiver-transmitters, to Vietnamese organizations and individuals:

The General Department of Post and Telecommunications shall evaluate dossiers, consider the granting of permits and notify such in writing to the Ministry of Public Security. Where the management responsibility is assigned to the regional Post and Telecommunications Departments, they shall have to evaluate dossiers, consider the granting of permits and notify such in writing to the Public Security Departments of the provinces and centrally-run cities.

3. The granting of permits for the establishment of Internet network, the provision and use of Internet services in Vietnam shall comply with the current regulations of the General Department of Post and Telecommunications, the Ministry of Public Security and the concerned ministries and branches.

4. Regarding the granting of permits for design survey, construction and installation as well as maintenance of marine optical cables:

Within 15 working days after receiving the official dispatch from the General Department of Post and Telecommunications and valid dossiers from organizations applying for design survey, construction and installation as well as maintenance of international marine optical cables running through Vietnam’s sea area (inland water, territorial sea, exclusive economic zones and continental shelf), the Ministry of Public Security shall have to study the dossiers and give written reply to the General Department of Post and Telecommunications. The General Department of Post and Telecommunications shall sum up opinions of the concerned ministries and branches and submit them to the Prime Minister for consideration and decision.

5. The Ministry of Public Security and the General Department of Post and Telecommunications shall coordinate with each other in directing and guiding the immediate prevention of cases of providing and using post and telecommunications services to oppose the State of the Socialist Republic of Vietnam, infringe upon the national security, social order and safety as well as morality, fine traditions and customs of the nation and other activities in violation of law.

6. The units under the General Department of Post and Telecommunications and specialized units under the Ministry of Public Security shall coordinate with one another in ensuring information security in the following domains:

a/ Examining, inspecting and handling violations against the information security in the establishment of post and telecommunications networks; the provision and use of post and telecommunications services; the production and use of radio transmitters, receiver-transmitters; the construction and installation of post and telecommunications projects; and illegal dealing in post and telecommunications services;

b/ Inspecting and handling violations regarding commercial goods sent by post according to the provisions of Joint Circular No.05/TTLT of July 26, 1997 of the General Department of Post and Telecommunications, the Ministry of Trade, the Ministry of Public Security and the Ministry of Finance, and Circular No.06/1998/TTLT-TCBD-TCHQ of December 11, 1998 of the General Department of Post and Telecommunications and the General Department of Customs;

c/ Following the direction and guidance of the General Department of Post and Telecommunications and the Ministry of Public Security to elaborate the immediate prevention plans with a view to ensuring information security in post and telecommunications activities; applying technical and professional measures to detect, prevent and handle acts of taking advantage of post and telecommunications networks to infringe upon the national security, social order and safety.

7. Enterprises shall have the responsibility:

a/ To coordinate with the units under the General Department of Post and Telecommunications, the specialized units under the Ministry of Public Security and the competent State bodies in applying technical and professional measures when necessary to detect, prevent and handle acts of taking advantage of post and telecommunications networks to infringe upon the national security, social order and safety;

b/ To coordinate with the units under the General Department of Post and Telecommunications, the specialized units under the Ministry of Public Security and the competent State bodies in inspecting and controlling information security for post and telecommunications activities;

c/ To arrange ground, places for network accessing and necessary technical conditions for the specialized units under the Ministry of Public Security to perform the task of ensuring information security for post and telecommunications activities;

d/ To promptly and fully supply relevant information to the General Department of Post and Telecommunications, the specialized units under the Ministry of Public Security and the State bodies competent to perform the task of ensuring information safety for post and telecommunications activities;

e/ To popularize and supply necessary information on new post and telecommunications technologies and techniques to the specialized units under the Ministry of Public Security in service of the management of information security;

f/ To guide post and telecommunications service users to protect contents of information in accordance with the Ordinance on the Protection of State Secrets.

8. Owners of special-use post and telecommunications networks and internal networks, post and telecommunications agents and users of post and telecommunications services shall have to:

a/ Observe the Ordinance on the Protection of State Secrets; take responsibility before law for the contents of information archived and transmitted on the networks when using post and telecommunications services;

b/ Coordinate with and promptly and fully supply information to the State bodies competent to perform the task of examining, inspecting and handling violations against the information security in the operations of special-use post and telecommunications networks, internal networks as well as in the use of post and telecommunications services.

IV. ORGANIZATIONS OF IMPLEMENTATION

1. The General Department of Post and Telecommunications shall, within the scope of their respective tasks and powers, coordinate with the competent State bodies in guiding agencies, organizations and individuals to observe the post and telecommunications legislation and apply measures to ensure network safety and information security in post and telecommunications activities.

2. This Circular takes effect 15 days after its signing and replaces Joint Circular No.01/TTLB of January 2, 1993 of the General Department of Post and Telecommunications and the Ministry of the Interior (now the Ministry of Public Security) on enhancing the protection of Vietnam’s post and telecommunications network.

In the course of implementation, if problems arise, agencies, organizations and individuals should report them to the General Department of Post and Telecommunications and the Ministry of Public Security for prompt guidance and settlement.