Quyết định 27/2002/QD-BVHTT

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.

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:

1. Internet content providers (ICP) are agencies, organizations and enterprises granted permits by the Ministry of Culture and Information to provide information on Internet through Internet service providers (ISP).

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.

5. They must not provide information in contravention of their guiding principles and purposes or outside the scope of information already permitted by the Ministry of Culture and Information.

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:

- Getting a written approval of the managing agency.

- 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.

Article 7.- The permit-application dossier:

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).

- The written proposal of the Foreign Ministry.

- 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.

Article 9.- The Ministry of Culture and Information (the Press Department) shall directly receive the permit-application dossiers for the provision of information and/or establishment of websites on Internet from foreign agencies and organizations, legal persons involving foreign elements as well as centrally-run agencies, organizations and enterprises.

- 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

The handling of violations of the stipulations on the provision of information and operation of websites on Internet shall comply with the provisions of the Government’s Decree No. 55/2001/ND-CP of August 23, 2001 on Internet and Decree No.31/2001/ND-CP of June 26, 2001 on sanctions against administrative violations in the field of culture and information.

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.