Thông tư 38/2016/TT-BTTTT

CIRCULAR

SPECIFYING CROSS-BORDER PROVISION OF PUBLIC INFORMATION

Pursuant to the Government’s Decree No. 132/2013/ND-CP dated October 16, 2013 providing for functions, duties, powers and organizational structure of the Ministry of Information and Communications;

Pursuant to the Government’s Decree No. 72/2013/ND-CP dated July 15, 2013 on management, provision and usage of the Internet service and online information;

At the request of the Director of the Department of Radio, Television and Electronic Information,

The Minister of Information and Communications hereby issues the Circular specifying cross-border provision of public information.

Article 1. Scope and subjects of application

1. This Circular specifies cross-border provision of public information used or accessed by people in Vietnam (hereinafter referred to as cross-border public information provision).  

2. This Circular shall apply to domestic and overseas organizations or individuals involved in cross-border public information provision activities.

Article 2. General provisions

1. Cross-border public information provision is defined as an activity where an overseas organization or individual uses electronic information pages, social networking sites, online applications, search services and other online equivalents in order to provide public information accessed or used by both an entity and an individual in Vietnam.

2. Vietnam’s regulatory authorities shall have the power to take necessary actions to ensure compliance with policies on development and management of online information under the provisions of Clause 4, 5 Article 4 of the Decree No. 72/2013/ND-CP where:

a) overseas organizations or individuals providing public information across borders have been in breach of provisions set forth in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP;

b) overseas organizations or individuals have failed to collaborate with the Ministry of Information and Communications in dealing with information provided in breach of provisions set forth in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP;

Article 3. Responsibilities of overseas organizations and individuals in relation to cross-border public information provision

1. Comply with Vietnam’s laws and regulations when providing public information for users in Vietnam.

2. Where organizations or individuals involved in cross-border public information provision activities rent digital information storage facilities within the territory of Vietnam so as to provide their services or are reported to provide public information to be used or accessed by at least 01 (one) million of internet users in Vietnam a month, they shall have the following rights and obligations:

a) Notify contact information to the Ministry of Information and Communications in accordance with Article 4 hereof;

b) Collaborate with the Ministry of Information and Communications in dealing with illegal information according to the violation-handling process referred to in Article 5 hereof.

Article 4. Information and method of notification

1. Contact information of overseas organizations or individuals involved in cross-border public information provision activities shall be comprised of the followings:

a) In case of an organization, registered name, transactional name, and name of the licensing country are required; in case of an individual, name of such individual is required;  

b) Main office address of an organization, permanent residence address and nationality of an individual owning an electronic information page and location of the main server system;

c) Principal contact agent of an overseas organization or individual and principal contact agent operated within the territory of Vietnam, including the following information such as name of an organization, individual, contact email address and telephone number.

2. Overseas organizations or individuals shall send written notice to the Ministry of Information and Communications in a direct manner, by post or to the email address [email protected].

Article 5. Principles, methods and mechanisms for cooperation in dealing with illegal online information

1. The Ministry of Information and Communications shall consult provisions laid down in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP in order to determine illegal information that need to be deleted or prevented from being accessed or used by people in Vietnam.

The Ministry of Information and Communications shall send a request, whether in writing or by an electronic means, for cooperation with overseas organizations or individuals in dealing with illegal information as prescribed by Clause 1 Article 5 of the Decree No. 72/2013/ND-CP  

Upon receipt of the cooperation request from the Ministry of Information and Communications, within the stipulated duration of 24 (twenty four) hours, organizations or individuals providing public information across borders shall point out illegal information and take necessary actions to handle information at the Ministry's request.

After such duration, if these organizations or individuals neither handle illegal information as requested nor make any response to the request, the Ministry of Information and Communications shall send the second request. Where, within the duration of 24 hours after receiving the Ministry's second request, their failure to do so remains, the Ministry of Information and Communications shall implement necessary technical measures.

2. When detecting any information which is in breach of provisions set forth in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP and harms national benefits of Vietnam, Vietnam’s regulatory authorities must promptly implement technical measures necessary to preventing such information from reaching users in Vietnam as well as send a request for handling of such illegal information under the process referred to in Clause 1 Article 5 of this Circular.

The said measures expressed in the form of information block shall be lifted only after such illegal information has been duly handled by organizations or individuals receiving the request from the Ministry of Information and Communications.

Article 6. Rights and obligations of telecommunications enterprises, or enterprises leasing digital information storage facilities in Vietnam

1. Telecommunications enterprises, or enterprises leasing digital information storage facilities in Vietnam shall be responsible for sending a timely report to the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) in writing, by telephone or to the email address [email protected] within the permitted duration of 03 (three) hours right after any information in violation of provisions laid down in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP is detected.

2. Telecommunications enterprises shall assume the following responsibilities:

a) Take technical actions necessary to ensure compliance with provisions set forth in Article 5 hereof at the request of the Ministry of Information and Communications. The maximum completion time is 03 (three) hours from receipt of the request;

b) Prepare a report on the number of people in Vietnam accessing to electronic information pages providing public information across borders at the request of the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information).

3. Enterprises providing digital information storage facilities for lease in Vietnam shall take responsibility to notify the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) of leasing out such facilities to overseas organizations or individuals in Vietnam to serve the purpose of providing public information to users in Vietnam every 06 months on the 15^th day of June or the 15^th day of December, or send an ad-hoc report where requested.

a) Information, such as name of the enterprise owning the leased storage facility, address and location of installation, legal entity of an overseas organization or individual as a lessee, lease period, and number of equipment and internet connection capacity, are required in such notification;

b) Such notification is sent directly, by post or to the email address [email protected];

c) Not later than 10 (ten) working days, enterprises providing digital information storage facilities for lease in Vietnam are obliged to send any modified notification where there is any change to the previous one in accordance with provisions laid down in Point a Clause 3 of this Article.

Article 7. Rights and obligations of users of public information in Vietnam

When finding that any public information provided by overseas organizations or individuals across borders is in breach of regulations laid down in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP users in Vietnam shall be assigned the following rights and obligations:

1. Notify any information found illegal to overseas organizations and individuals.

2. Notify such violation to the Ministry of Information and Communications by sending a notification directly, by post or to the email address [email protected].

3. File a lawsuit to the People’s Court having appropriate jurisdiction in Vietnam if there is any illegal information affecting lawful rights and interests of organizations or individuals in accordance with legislation of the Socialist Republic of Vietnam.  

Article 8. Entry into force

1. This Circular shall enter into force from February 15, 2017.

2. Overseas organizations and individuals providing cross-border public information for users in Vietnam shall implement regulations laid down in this Circular within a specified period of 90 days from the date of entry into force of this Circular./.