Thông tư 09/2014/TT-BTTTT

CIRCULAR

ON PROVIDING GUIDANCE ON MANAGEMENT, PROVISION, AND USE OF INFORMATION ON WEBSITES AND SOCIAL NETWORKING WEBSITES

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

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

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

The Minister of Information and Communications issues a Circular on providing guidance on management, provision, and use of information on websites and social networking websites.

Article 1. Scope and regulated organizations

1. This Circular provides guidance on management, provision, and use of information on websites and social networking websites.

2. This Circular is applicable to Vietnamese and foreign organizations and individuals who engaged in and related into management, provision, and use of information on websites and social networking websites.

Article 2. General provisions

1. Websites exempt from licensing:

a) Internal websites prescribed in Clause 3 Article 20 of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision, and use of internet services and online information (hereinafter referred to as Decree No.72/2013/ND-CP)

b) Private websites prescribed in Clause 4 Article 20 of Decree No. 72/2013/ND-CP

A person is entitled to share information provided that it does not violate regulations as prescribed in Article 5 of Decree No. 72/2013/ND-CP on private websites and takes legal responsibility for content of posted or shared information. He may not represent any organizations or individuals, and post news.

c) Websites of regulatory agencies prescribed in Article 10 of Decree No. 43/2011/ND-CP dated June 13, 2011 of the Government on information provision and online public services on websites or web portals of regulatory agencies.

d) Specialist websites prescribed in Clause 5 Article 20 of Decree No. 72/2013/ND-CP shall be exempt from licensing as prescribed in this Circular, but they must comply with specialist regulations of and corresponding regulations of law.

dd) Internal forums used for exchange for internal information related to functions, tasks, and entitlements, organizational structure, services, products, business lines serving their operation.

2. Websites required to be licensed:

a) News websites prescribed in Clause 2 Article 20 of Decree No. 72/2013/ND-CP

If an internal website, a specialist website, or a social networking website posts news, it must apply for a license similarly to news websites.

News websites of press agencies: they shall be granted licenses similarly to news websites.

b) Social networking websites.

If internal websites, specialist websites, or news websites establish social networking websites, they must also apply for licenses similarly to social networking websites.

Organizations or enterprises (hereinafter referred to as organizations) establishing social networking websites shall take legal responsibility for information provided themselves.

3. The home page of a website must have the following information: Name of the organization in charge of the website; name of the governing body (if any); address, email address, phone number, and name of the person in charge of information management.

Apart from above content, a news website, a news website of a press agency, or a social networking website must state its valid license number, licensing date, and licensing agency on its website.

4. When a news website quotes information, it shall comply with regulations of information sources as prescribed in Clause 18, Article 3 and Clause 2 Article 20 of Decree 72/2013/ND-CP; it may not post comments of readers about the quoted articles (except for news websites of press agencies).

5. After 90 days, from the day on which the license takes effect, if the licensed enterprise has not established news websites or social networking websites, its license shall be annulled.

6. If the owner of a licensed news website or a licensed social networking website is changed, it is required to follow procedures similarly to those for granting a new license as prescribed in this Circular within 30 days from the day on which its owner is changed. Licensing documents, apart from documents prescribed in Article 6 of this Circular, must be sent together with the original license.

7. Personal information includes:

Full name;

Date of birth;

ID number or passport number, date of issue, place of issue;

Phone number, email address.

The guardian of an Internet user under 14 years of age who does not have a passport shall decide the registration of the guardian’s information, which expresses the guardian’s permission for the access to Internet of such user. That guardian shall take legal responsibility for such registration.

Article 3. Requirements for personnel prescribed in Point b Clause 5 Article 23 of Decree No. 72/2013/ND-CP on license to establish news websites and social networking websites.

1. Requirements for personnel in charge of information content.

a) The head of the organization shall take legal responsibility for information management posted on its news website and social networking website;

b) A person in charge of information management must have an at least bachelor’s degree, and hold Vietnamese nationality. If the person in charge is a foreigner, he must have at least 6-month resident address in Vietnam.

c) The person in charge must provide his regular phone number, email address for central and local regulatory agencies.

d) The head of the organization may designate his deputy to be in charge of information management;

dd) The organization establishing news websites or social networking websites must set up department of information management.

2. Requirements for personnel in technical department.

The technical department must have at least 01 employee who meets requirements as prescribed in Point g and Point h Clause 2 Article 2 of Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications on standards for acceptable use of information technology.

Article 4. Requirements for finance, techniques prescribed in Point d Clause 5 Article 23 of Decree No. 72/2013/ND-CP on license to establish news websites, and social networking websites

1. If an organization applies for license to establish news websites, and social networking websites (hereinafter referred to as applicant), it must have a financial plan to ensure establishment of technical equipment system prescribed in Clause 2 of this Article in order to maintain its operation during the effective period of the license.

2. Requirements for techniques

Establishment of technical equipment system shall satisfy the following requirements:

a) News websites: Storing news for at least 90 days from the day on which it is posted; storing log of processed information for at least 02 years;

b) Social networking websites: Storing information about accounts, time of log in and log out, IP addresses of users and log of processed information for at least 02 years;

c) Receiving and processing users’ reports of violations;

d) Detecting, warning, and blocking illegal access, types of online attacks, and meeting standards for ensuring information safety;

dd) Having provisional plans for maintaining safe and consecutive operation and resolving when any problem occurs, except for force majeure events as prescribed.

e) Ensuring that there is at least 01 server system located in Vietnam, of which information on all websites, and social networking websites owned by the organizations prescribed in Point a, b, c, d and dd Clause 2 of this Article may be inspected, stored, or posted at any time.

3. Apart from satisfying requirements for techniques prescribed in Clause 2 of this Article, technical system establishing social networking websites also satisfy the following requirements:

a) Register and store personal information of members of websites as prescribed in Clause 7 Article 2 of this Circular.

b) Verify authenticity of service users via text messages or emails when applying for registration of services or change of personal information.

c) Block and remove information that violate regulations of Article 5 of Decree No. 72/2013/ND-CP at the request of competent authorities;

d) Establish a mechanism for issuing warnings when users post improper information (filters);

dd) Readily connect and authenticate personal information with electronic data base about ID number or national ID number system at the request of competent agencies.

Article 5. Requirements for information management and domain names prescribed in Point c and dd Clause 5 Article 23 of Decree No. 72/2013/ND-CP on license to establish news websites, and social networking websites

1. Requirements for information management on news websites.

a) There is a process of public information management: Determine scope of information sources, management and verification before and after it is posted;

b) There is a mechanism for controlling information sources in order to ensure that posted news is accurately quoted from the information source;

c) There is a mechanism for cooperation with regulatory agencies in removal of information that violate Clause 1 Article 5 of Decree No. 72/2013/ND-CP for at least 03 hours from the time in which it detect itself or at the request of regulatory agencies (in writing, via phone, or email);

2. Requirements for information management on social networking websites:

a) There is an agreement on provision and use of social networking services in accordance with regulations of Decree No. 72/2013/ND-CP and such agreement shall be posted on the home page of a social networking website;

b) It is required that users shall accept the agreement on use of social networking services online before using services, and utilities of social networking websites;

c) There is a mechanism for cooperation with regulatory agencies in removal of information that violate Clause 1 Article 5 of Decree No. 72/2013/ND-CP for at least 03 hours from the time in which it detect itself or at the request of regulatory agencies (in writing, via phone, or email);

d) There is a protective measure for confidential information and personal information of users;

dd) It is required that users are entitled to allow their personal information to be collected or provided for other organizations, enterprises, or individuals.

3. Requirements for domain names:

a) If an organization is not a press agency, its domain name may not be similar with or the same as the name of any press agency.

b) A news website or a social networking website of the same organization must not use the same domain name.

c) The domain name must not expire for at least the next 06 months when the application is submitted. The application must comply with regulations of the Ministry of Information and Communications on management and use of Internet resources.

Article 6. Application for license to establish news websites, and social networking websites

1. Application for license to establish news websites

An application for the license shall consist of:

a) An application form for license to establish news websites using form of the Ministry of Information and Communications (form No.1).

b) A certified true copy of one of the documents below: Certificate of Business registration (if the enterprise establishing in accordance with the Law on Enterprises); Certificate of investment (if the enterprise establishing in accordance with the Law on Investment); Decision on Establishment (if the organization is not a enterprise); License for press activities (if the organization is a press agency); Charter of operation (if the organization is an association, or union).

The contents of business lines, business fields, functions or entitlements of the organization stated in Certificate of Business registration, Certificate of investment, or Decision on Establishment must comply with information posted on its news website.

c) A certified true copy of an at least bachelor’s degree and a curriculum vitae of the person in charge of information management certified by regulatory agencies, together with his image bearing the stamp of the regulatory agencies.

d) Operation projects bearing signature and stamp of head of the organization applying for a license. The project shall include the following content:

Information: Purposes of information provision; information content, expected columns; official information sources, printed home page and main column pages;

Plans for organization, personnel, techniques, information management, and finance in order to ensure operation of news websites in accordance with regulations of Clause 5 Article 23 Decree No. 72/2013/ND-CP and satisfy requirements as prescribed in Article 3, 4, and 5 of this Circular.

Location of server system in Vietnam.

dd) Approval of information source providers that information sources are legal.

2. Application for license to establish and social networking websites

An application for the license shall consist of:

a) An application form for license to establish social networking websites using form of the Ministry of Information and Communications (form No.2).

b) A certified true copy of one of the documents below: Certificate of Business registration (if the enterprise establishing in accordance with the Law on Enterprises); Certificate of investment (if the enterprise establishing in accordance with the Law on Investment); Decision on Establishment (if the organization is not an enterprise).

The contents of business line, business fields, functions or entitlements of the organization stated in Certificate of Business registration, Certificate of investment, or Decision on Establishment must comply with expected types of social networking services.

c) A certified true copy of an at least bachelor degree and a curriculum vitae of the person in charge of information management certified by regulatory agencies, together with his image bearing the stamp of regulatory agencies.

d) Operation projects bearing signature and stamp of head of the applicant). The project shall include the following content:

Method of organization of social networking websites, types of services, scope, fields of exchanged information;

Plans for organization, personnel, techniques, information management, and finance in order to ensure operation of social networking websites in accordance with regulations of Clause 5 Article 23 Decree No. 72/2013/ND-CP and satisfy requirements as prescribed in Article 3, 4, and 5 of this Circular.

Location of servers in Vietnam.

dd) An agreement on provision and use of social networking services must contain at least the following content:

Information that is prohibited from exchange or share on social networking websites;

Rights and obligations of service users of social networking websites;

Rights and obligations of organizations establishing social networking websites;

Handling mechanism applied to members committing violations against the agreement on provision and use of social networking services;

Issuing warnings about risks when users store, exchange, and share online information;

Handling mechanism for complaints, dispute between members of social networking websites and organizations establishing social networking websites or other organizations, individuals;

Declaration that whether service users' personal information is collected and processed in the agreement on provision and use of social networking services;

Policies on protection of personal information, private information of service users of social networking websites.

Article 7. Competence, procedures for issuance of license to establish news websites, and social networking websites

1. Competence in issuing the license

a) The Ministry of Information and Communications shall issue the License to establish social networking websites.

b) The Radio, Television and Electronic Information Department shall issue the license to establish news websites to the following organizations:

Press agencies;

Foreign affairs and consular services; affiliated organizations of central authorities (except for cases in which Services of Information and Communications issuing license);

Religious organizations operating in accordance with Vietnam’s laws;

Foreign governmental and non-governmental organizations operating in accordance with Vietnam's laws.

Services of Information and Communications of provinces.

c) Services of Information and Communications of provinces shall issue the license to establish news websites to following organizations:

Organizations which are granted Decision on Establishment, Operating license or Operating Registration by local governments.

Vertical organization structure of affiliated organizations of central authorities located at local governments (including organizations in the state structure, political organizations, political and social organizations, social organizations, state-owned enterprises);

Universities, institutes, colleges, educational institutions, vocational training institutions of which the headquarters are located in the province;

Enterprises which are granted operating license by central authorities of which their business premises are located in the province;

Affiliated units of groups of which their head quarters are located in the province.

d) Services of Information and Communications of provinces shall receive and verify the validity of application for license to establish news websites of press agencies in the provinces and request in writing The Radio, Television and Electronic Information Department to consider granting the license.

2. Procedures for issuance of license to establish news websites.

a) An application for the license shall be sent directly or by post to competent agencies in charge of granting license (hereinafter referred to as licensing agency) prescribed in Article 23 of Decree No. 72/2013/ND-CP and Clause 1 of this Article;

b) Within 15 working days from the day on which the satisfactory application, licensing agencies shall consider granting a license to establish news website. In case the application is rejected, the licensing agencies shall notify in writing and provide explanation.

c) Within 05 working days from the day on which the satisfactory application sent by a local press agency is received, the Service of Information and Communications of provinces shall verify and transfer the application together with written request for issuance of license to the Radio, Television and Electronic Information Department. In case the application is unsatisfactory, Services of Information and Communications shall notify in writing and provide explanation.

3. Procedures for issuance of license to establish social networking websites.

a) An application for the license shall be sent directly or by post the Radio, Television and Electronic Information Department.

b) Within 30 working days from the day on which the satisfactory application is received, the Radio, Television and Electronic Information Department shall verify and request the Minister of Information and Communications to grant the license. In case the application is rejected, the Radio, Television and Electronic Information Department shall notify in writing and provide explanation.

Article 8. Adjustments, extension, and reissuance of license to establish news websites, and social networking websites

1. a) Licensing agencies prescribed in Clause 7, 8, 9 Article 23 of Decree No. 72/2013/ND-CP and Article 7 of this Circular, shall make decision on adjustment, reissuance, extension, or revocation of the license.

2. Procedures for adjustments to a license

a) An applicant having a license to establish news websites and social networking websites shall follow the procedures for adjustments to the license in the cases below:

Changes of its name, or address of its head office;

Changes of its domain name;

Changes of location of its servers in Vietnam;

Changes of scope of information or service provision;

Changes of personnel in charge;

Changes, or supplements of provided information field regarding to news websites; changes or supplements of types of social networking services regarding to social networking websites.

b) The applicant shall send a written request in which reasons of adjustments are clarified and related documentary evidence to licensing agencies.

c) Within 15 working days from the day on which the satisfactory application, licensing agencies shall verify and grant an adjusted license. In case the application is rejected, licensing agencies shall notify in writing and provide explanation.

3. Extension of license

a) Within 30 days before the license expires, any applicant that wish to extend their license’s time limit, shall send a written request for extension, in which the time limit of extension is clarified together with a copy of license to licensing agencies.

b) Within 15 working days from the day on which the satisfactory application, licensing agencies shall verify and grant an extension of the license. In case the application is rejected, licensing agencies shall notify in writing and provide explanation.

c) The license shall be granted extension not more than 02 times; each time does not exceed 02 years.

4. Reissuance of license

a) If the license is lost or damaged and useless, its organization shall send written request for reissuance of the license to licensing agencies. The written request must be clarified number, date of issue of the license and reasons of requesting for reissuance of the license. In case the license is damaged, it shall be sent together with the damaged license.

b) Within 10 working days from the day on which the written request is received, licensing agencies shall consider reissuing the license. In case the application is rejected, licensing agencies shall notify in writing and provide explanation.

Article 9. Reporting

1. Organizations establishing news websites

a) Make regular reports once a year and make irregular reports at the request of competent bodies.

b) Content of regular reports shall use form of the Ministry of Information and Communications (form No.3)

2. Organizations establishing social networking websites

a) Make regular reports once a year and make irregular reports at the request of competent bodies.

b) Content of regular reports shall use form of the Ministry of Information and Communications (form No.4)

3. Reporting time

Organizations establishing news websites and social networking websites shall send reports before January 15 every year.

4. Method of sending reports

Organizations establishing news websites and social networking websites shall send reports directly or by post at the following competent agencies:

a) The Ministry of Information and Communications (The Radio, Television and Electronic Information Department);

b) Services of Information and Communications at administrative divisions where the enterprises registering their business premises.

5. Services of Information and Communications of provinces shall send regular reports twice a year to the Ministry of Information and Communications (before January 31 and July 31 every year) about state management of electronic information at administrative divisions.

Article 10. Issuance of forms during the implementation of management, provision, use of information on websites and social networking websites

The following forms shall be issued together with this Circular:

1. Application form for license to establish news websites online using form of the Ministry of Information and Communications (form No.1);

2. Application form for license to establish social networking websites using form of the Ministry of Information and Communications (form No.2);

3. Content of regular reports of organizations establishing news websites using form of the Ministry of Information and Communications (form No.3);

4. Content of regular reports of organizations establishing social networking websites using form of the Ministry of Information and Communications (form No.4);

5. License to establish news websites online (form No.5);

6. License to establish social networking websites online (form No.6);

Article 11. Effect

1. This Circular shall come into forces from October 3, 2014 and replace Circular No. 14/2010/TT-BTTTT dated June 29, 2010 of the Ministry of Information and Communications on providing guidance on Decree No. 97/2008/ND-CP dated August 29, 2008 of the Government on management, provision, and use of Internet services and electronic information on Internet regarding to management of websites and online social networking services and replace Circular No. 07/2008/TT-BTTTT dated December 18, 2008 of the Ministry of Information and Communications providing guidance on provision of information on private websites in Decree No. 97/2008/ND-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on Internet.

2. News websites which are licensed as prescribed in Decree No. 97/2008/ND-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on the Internet and Circular No. 14/2010/TT-BTTTT dated June 29, 2010 shall be keep their operation until their Licenses expires. Then, they shall follow procedures for application for a new license as prescribed in this Circular.

3. Social networking websites that are granted Certificate of provision of services prescribed in regulations of Decree No. 97/2008/ND-CP dated August 28, 2008 and Circular No. 14/2010/TT-BTTTT dated June 29, 2010 wish to keep their operation shall follow procedures for granting a new license as prescribed in this Circular within 180 days from the effective date of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration./.