Thông tư 05/2008/TT-BTTTT

CIRCULAR

GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 97/2008/ND-CP OF AUGUST 28, 2008, ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;
Pursuant to the Government’s Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Information and Communication Ministry;
Pursuant to the Government’s Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;
Pursuant to the Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on the management, provision and use of Internet services and electronic information on the Internet;
The Information and Communication Ministry guides a number of articles of the Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on the management, provision and use of Internet services and electronic information on the Internet (below referred to as the Decree), regarding Internet services as follows:

1. Internet application services in telecommunications specified at Point c, Clause 9, Article 3 of the Decree include the following:

1.1. Value-added telecommunications services specified in Clause 4, Article 13 of the Government’s Decree No. 160/2004/ND-CP of September 3, 2004, detailing the implementation of a number of articles of the Ordinance on Post and Telecommunications regarding telecommunications;

1.2. Internet phone services, including local and international PC-to-PC and international PC-to-Phone services;

1.3. Services of sending text messages from the Internet to the mobile telecommunications network and fixed telecommunications network.

2. The provision and use of Internet phone services are as follows:

2.1. When providing Internet phone services, Internet service providers shall:

a/ Comply with the provisions of Clause 2, Article 7 of the Decree;

b/ Provide only Internet phone services of the types specified in Clause 1, Point 1.2 of this Circular;

c/ Have Vietnam-based systems for computing charges and managing customer data and services, which are operated by themselves for directly providing services to the public;

d/ Supply sufficient information on the payment of service charges; verify and accurately respond to customer complaints about charge rates, cards and service quality.

2.2. Organizations and individuals may neither print, issue and sell Internet cards nor resell in any form Internet phone services provided by enterprises without licenses for provision of telecommunications (Internet phone) services granted by the Information and Communication Ministry.

3. When providing wireless broadband Internet access services using WLAN technology (Wi-Fi Internet access services), Internet service providers shall:

3.1. Comply with the provisions of Clause 2, Article 7 of the Decree;

3.2. Install radio signal receiving-transmitting equipment using WLAN technology in order to provide service coverage areas to hotspots. Frequency and output power of such equipment comply with regulations on management of radio frequencies;

3.3. Hire telecommunications transmission lines (wire or wireless) of network infrastructure providers in order to establish transmission lines between their Internet equipment networks and hotspots.

4. The deployment of equipment and facilities and technical and operational plans to assure information safety under Point e, Clause 2, Article 7 of the Decree is as follows:

4.1. Internet service providers shall work out contingency plans on transmission lines, server systems, network equipment, data reproduction and storage and backup power sources in order to ensure that services are provided in a continuous and uninterrupted manner;

4.2. They shall install systems of equipment and facilities to monitor and supervise the operation of Internet equipment networks in order to ensure that these networks satisfy standards and technical regulations on networks and service quality;

4.3. They shall work out management solutions and processes in order to assure information safety under standards and technical regulations on information safety and instructions of the Vietnam Computer Emergency Response Team (VNCERT), at least covering the following systems: the system for monitoring and combating unauthorized network access: the system of firewalls capable of controlling access at the application level; the system for managing technical log files; and the anti-spam system;

4.4. They shall take part in computer emergency response activities by:

a/ Reporting on incidents or danger of incidents threatening Internet safety to VNCERT (the Vietnam Computer Emergency Response Team, the Information and Communication Ministry, at 18 Nguyen Du street, Hai Ba Trung district. Hanoi, which is reachable at the email address [email protected], website address www.vncert.gov.vn/ir.html or the telephone number posted on the website www.vncert.gov.vn), within 24 hours after receiving written information on these incidents. The report form is posted on the website www.vncert.gov.vn;

b/ Arranging hot lines to respond to computer network incidents to the VNCERT and ensure these hot lines stay reachable around the clock;

c/ Obeying the assignment by VNCERT in assuring information safety on the Internet;

4.5. They shall install fire and explosion prevention and fighting systems under the law on fire and explosion prevention and fighting.

5. The notification of the time of starting the official provision of services under Point j, Clause 2, Article 7 of the Decree shall be made as follows:

5.1. Mode of notification: Written or emailed notices:

5 2. Addresses to send notices:

a/ The Information and Communication Ministry (the Telecommunications Department), at 18 Nguyen Du street, Hai Ba Trung district, Hanoi; e-mail address: [email protected].

b/ The Public Security Ministry: The Department of Economic Security Protection - the General Department of Public Security - the Public Security Ministry, at 15 Tran Binh Trong street, Hanoi; email addresses: [email protected] and [email protected];

5.3. Notices shall be made according to a set form.

6. The reporting regime under Point m, Clause 2, Article 7 of the Decree shall be implemented as follows:

6.1. Reports to the Information and Communication Ministry

6.1.1. Monthly reports

a/ Deadline: Before the 10th of every month, enterprises shall report on information of the preceding month.

b/ Reporting contents:

- Development of Internet subscribers;

- Internet application services in telecommunications;

- Internet connection;

Specific contents shall be reported by enterprises according to Appendix 2 to this Circular: Form of monthly report on statistics on the Internet to the Information and Communication Ministry (not printed herein).

c/ Reporting mode and addresses to send reports: Reports shall be sent via the website http://thongkeinternet.mic.gov.vn. Particularly for December, apart from sending reports via this website, enterprises shall send written reports to the address: the Telecommunications Department - the Information and Communication Ministry, at 18 Nguyen Du street, Hai Ba Trung district, Hanoi; or to the email address: [email protected];

6.1.2. Annual reports

a/ Deadline: Before the 15th of January every year, enterprises shall report on information of the preceding year.

b/ Reporting contents:

- Total turnover from Internet services;

- Annual growth rate;

- Proposals (if any);

Specific contents shall be reported by enterprises according to Appendix 3 to this Circular: Form of annual report on the provision of Internet services (not printed herein);

c/ Reporting mode and addresses to send reports: Written reports shall be sent to the Information and Communication Ministry (the Telecommunications Department), at 18 Nguyen Du street, Hai Ba Trung district, Hanoi;

6.2. Reports to provincial-level Information and Communication Services

Internet service providers shall report directly or guide their branches or member units operating in provinces or centrally run cities in reporting on the development of Internet subscribers and Internet application services in telecommuni­cations to provincial-level Information and Communication Services as follows:

a/ Deadline: Before the 10th every month, enterprises shall report on information of the preceding month;

b/ Reporting contents:

- Development of Internet subscribers;

- Internet application services in telecommunications;

Specific contents shall be reported by enterprises according to Appendix 4 to this Circular: Form of monthly report on statistics on the Internet to provincial-level Information and Communication Services (not printed herein).

c/ Reporting mode and addresses to send reports to provincial-level Information and Communication Services shall be announced on the website of the Information and Communication Ministry (www.mic.gov.vn) and websites of provincial-level Information and Communication Services.

6.3. Reports on Internet service quality: Enterprises shall report on Internet service quality under the Information and Communication Ministry’s regulations on management of telecommunications service quality.

7. The reporting regime under Point f, Clause 2, Article 8 of the Decree shall be implemented as follows:

7.1. Owners of private Internets specified in Clause 1, Article 14 of the Decree shall send reports to the Information and Communication Ministry under the following regulations:

a/ Time limit and deadline:

- Within ten (10) days after commencement of operation;

- Before the 15th of January every year,

b/ Reporting contents:

- Name and office address of the unit;

- Address of the place where the Internet equipment system is installed;

- Scope and target subjects and a detailed list of network members;

- Network configuration, channel hire, connection and equipment and facilities used for the provision of Internet services;

Internet services currently provided to the network members.

c/ Reporting mode and address to send reports: Written reports shall be sent to the Information and Communication Ministry (the Telecommunications Department), at 18 Nguyen Du street, Hai Ba Trung district, Hanoi.

7.2. Owners of private Internets specified in Clause 2, Article 14 of the Decree shall make irregular reports at the request of the Information and Communication Ministry and provincial-level Information and Communication Services.

8. Daily opening and closing time of Internet agents specified at Point f, Clause 3, Article 9 of the Decree is as follows:

Provincial-level People’s Committees shall specify daily opening and closing time applicable to Internet agents in their respective localities and suitable to local economic, cultural and social conditions and characteristics.

9. The provisions of Point a, Clause 2, Article 12 of the Decree are understood as follows:

Internet service users may use Internet access services and specialized application services on the Internet in economic, cultural and social domains if they can ensure not to violate the provisions of Article 6 of the Decree, provisions of the law on telecommunications and information technology and other relevant laws.

Banned services are services banned by law from being provided and used, regardless of whether they are provided online or in reality undercurrent legal documents.

10. The establishment and operation of Internet exchanges specified in Clause 1, Article 16 of the Decree must comply with the following provisions:

10.1.Enterprises with licenses for provision of telecommunications services and Internet access services may establish Internet exchanges to exchange domestic Internet data flow among Internet service providers and between these providers and private Internets.

10.2. The Vietnam National Internet Exchange (VNIX) and Internet exchanges of Internet service providers may not exchange data flow among private Internets.

11. Operation of the VNIX specified in Clause 3, Article 16 of the Decree is as follows:

11.1. Principles for connection to the VNIX:

a/ Internet service providers and private Internets licensed by the Information and Communication Ministry under Point a, Clause 1, Article 14 of the Decree may connect themselves to the VNIX;

b/ Internet equipment networks connected to the VNIX shall use independent network identification numbers and Internet Protocol addresses issued and managed by the Vietnam Internet Center;

c/ Transmission lines and equipment used for connection to the VNIX must be technically compatible with the VNIX portal under the guidance of the Vietnam Internet Center;

d/ The establishment of Internet equipment networks and lease of channels for connection to the VNIX comply with the law on telecommunications.

11.2. The Vietnam Internet Center shall:

a/ Establish and manage the VNIX;

b/ Comply with the provisions of Clause 4 of this Circular;

c/ Guide and create conditions for Internet service providers and private Internets to connect to the VNIX under regulations;

d/ Collect and use contributions to the development and maintenance of the VNIX, to cover its operation costs on the non-profit principle;

dd/ Practice separate cost-accounting for the operation of the VNIX.

11.3. Internet service providers connected to the VNIX shall:

a/ Comply with professional guidance of the Vietnam Internet Center;

b/ Coordinate with the Vietnam Internet Center in ensuring safe and efficient operation of the VNIX;

c/ Make aligned, equal and non-discriminatory connections; refrain from preventing domestic information from entering or leaving their Internet equipment networks through the VNIX in order to ensure that Internet users may access Internet services under law;

d/ Contribute operating funds under regulations.

12. Renewal of licenses

12.1. All Internet service providers possessing licenses for provision of services under the Government’s Decree No. 55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet services, shall carry out procedures for renewing their licenses within six months after the effective date of this Circular.

12.2. Within 20 working days after receiving valid dossiers of Internet service providers, the Information and Communication Ministry shall grant new licenses in compliance with the Government’s Decree No. 97/2008/ND-CP of August 28, 2008, on management, provision and use of Internet services and electronic information on the Internet, to replace all licenses already granted to these Internet service providers under the Government’s Decree No. 55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet services;

12.3. The validity term of an Internet service provider’s new license is determined to be the longest remaining validity term of any of its granted licenses;

12.4. Services stated in an Internet service provider’s new license include those on the list of services it is providing and services it committed to provide within two years after license (s) granted under Decree No. 55/2001/ND-CP of August 23, 2001, is (are) issued;

12.5. During the time of carrying out procedures for renewing licenses under this Clause, Internet service providers may continue their normal operation;

12.6. A dossier of application for renewal of a license comprises:

a/ An application for renewal of a license;

b/ Copies of valid licenses;

c/ A report on implementation of the granted license(s), stating the time of starting the implementation; the diagram of the present network; services currently provided and the scope of provision of each service; services stated in the license(s) but not yet provided by the Internet service provider that has, however, committed to provide these services within two years after the license(s) granted under Decree No. 55/2001/ND-CP of August 23, 2001, is (are) issued;

12.7. Internet service providers shall announce, under Clause 5 of this Circular, their licensed services for which there is no official written permission for provision to the public under the Government’s Decree No. 55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet services.

13. Effect:

13.1. This Circular takes effect 15 days after its publication in “CONG BAO.”

13.2. Any problem arising in the course of implementation should be reported to the Information and Communication Ministry for consideration and solution.