Thông tư 14/2010/TT-BTTTT

CIRCULAR

DETAILING A NUMBER OF ARTICLES ON MANAGEMENT OF WEBSITES AND ONLINE SOCIAL NETWORK SERVICES OF THE GOVERNMENT'S DECREE NO. 97/2008/ND-CP OF AUGUST 28, 2008, ON MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND ONLINE INFORMATION

THE MINISTER OF INFORMATION AND COMMUNICATIONS

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 Ministry of Information and. Communications;
Pursuant to the Government's Decree No. 97/ 2008/ND-CP of August 28, 2008, on management, provision and use of internet services and online information;
At the proposal of the General Director of the Authority of Broadcasting and Electronic Information,

STIPULATES:

Article 1. Scope of regulation and subjects of application

This Circular details a number of articles on management of websites and online social network services of the Government's Decree No. 97/2008/ND-CP of August 28. 2008. on management, provision and use of internet services and online information (below referred to as Decree No. 97).

This Circular applies to organizations, enterprises and individuals engaged in the management and provision of websites and online social network services.

Article 2. Interpretation of terms provided in Decree No. 97

1. General information on politics, economy, culture and society defined in Clause 13. Article 3 of Decree No. 97 means the information acquired from different sources or different sorts of information on politics, economy, culture and/ or society.

2. Quoting information defined in Clause 13, Article 3 of Decree No. 97 means to quote exact information from official sources without comment together with indicating the author name and/or the agency of the official source and the lime of publishing such information.

3. Official sources defined in Clause 13. Article 3 of Decree No. 97 means the information published on the Vietnamese press or websites of party and state agencies under the press and copyright laws.

Article 3. General provisions on the operation of websites

1. Press agencies may establish websites to provide information published on their newspapers in line with the guidelines and purposes stated in their press operation licenses.

Websites of press agencies shall be managed and licensed like general websites.

2. Websites freed from licensing under Clause 6. Article 19 of Decree No. 97 are:

a/ Those only providing information on the operation, services, products and business lines of organizations or enterprises without quoting information.

b/ Those of state agencies providing information under Article 4 of the Information and Communications Ministry's Circular No. 26/ 2009/TT-BTTTT of July 31, 2009, on information provision and assurance of easy access to websites of state agencies.

3. Websites providing online social network services must be registered under Article 9 of this Circular.

4. The home page of a website must fully provide the following information: name of the organization managing the website; geographical address, email address, contact telephone number and name of the person responsible for the website content. A general website, the website of a press agency or a website providing online social network services must specify the license number or the registration number and date of issuance by a competent agency.

5. When quoting information, websites must comply with provisions on sources under Clause 13, Article 3 of Decree No. 97. and Clauses 2 and 3. Article 2 of this Circular, and may not publish readers' comments on the quoted news or articles.

6. Organizations or enterprises establishing websites and using the internet to provide online specialized application services under Clause 5. Article 19 of Decree No. 97 that provide general information on politics, economy, culture or society shall apply for a license like for a general website.

7. Termination of operation of a general website or a website providing online social network services shall be notified (10 working days in advance) in writing to the agency granting the license or registration certificate of the website.

Article 4. Prohibited acts under Article 6 of Decree No. 97 in the establishment and use of websites

1. Abusing websites to provide, transmit, advertise and embed direct links to information violating Article 6 of Decree No. 97.

2. Impersonating an individual, organization or enterprise to create websites; providing untruthful information which harms the lawful rights and interests of an organization, individual or enterprise.

3. Propagating unlawful press, literary or art works or publications.

4. Using private information or images violating Articles 31 and 38 of the Civil ("ode.

5. Using and providing information violating regulations on intellectual property and e-commerce transactions and other regulations.

6. Describing in detail obscene or violent acts or horrible murdering; publishing or broadcasting antisocial or inhuman images: providing pornographic contents, images or pictures which are unaesthetic and unconformable with Vietnamese fine customs and practices.

Article 5. Website-related responsibilities of internet service providers under Article 7 of Decree No. 97

1. To refuse to provide internet services for organizations and individuals establishing websites which seriously violate Article 4 of this Circular when so requested by competent state agencies. Internet service providers detecting information which seriously violates Article 4 of this Circular shall suspend their services and promptly report to state management agencies lor handling.

2. To stop websites violating Article 4 of this Circular when so requested by competent state agencies.

3. To provide information relating to websites violating Article 4 of this Circular when so requested by competent state agencies.

Article 6. Responsibilities of organizations and enterprises establishing general websites

1. To develop an information management process appropriate to the operation of general websites under their management, ensuring compliance with Article 3 of this Circular.

2. To prevent and remove information violating Article 4 of this Circular when detecting it or at the request of competent state agencies.

3. When providing general information, to comply with provisions on sources under Clause 3, Article 2 of this Circular and the law on copyrights.

4. To store information for at least 90 days after publishing or broadcasting information on their websites.

5. To submit to inspection and examination by competent slate agencies under regulations.

6. To report to state management agencies under Clause I, Article 11 of this Circular.

Article 7. Responsibilities of online social network service providers

1. To elaborate and publicize the regulation on provision and sharing of information on their websites providing online social network services, ensuring compliance with law and Article 4 of this Circular.

2. To develop a process to manage information and database on participants appropriate to the scale of their service provision.

3. To adopt technical measures and management process to proactively prevent and remove information violating Article 4 of this Circular when detecting it by themselves or notified by users or requested by competent stale agencies.

4. To provide information relating to information violating Article 4 of this Circular when so requested by competent state agencies.

5. To submit to inspection and examination by competent state agencies under regulations.

6. To report to state management agencies under Clause 2, Article 11 of this Circular.

Article 8. Conditions and dossiers for licensing general websites

1. Licensing conditions

a/ Being an organization or enterprise established and operating under Vietnam law with registered business lines or functions and tasks relevant to information published on the website to be licensed;

b/ Having sufficient technical means, personnel and information management programs suitable to their operation scale, ensuring information provision on the website compliant with Article 6 of Decree No. 97 and Article 4 of this Circular.

c/ The manager of a general website must satisfy the following conditions:

- Being the head of the organization or enterprise or being authorized by the head of the organization or enterprise;

- Bearing Vietnamese nationality and having a residence or temporary residence address in Vietnam;

- Possessing a university diploma.

2. Licensing dossiers

A licensing dossier shall be made in 2 sets, each comprising:

a/ An application for a license to establish a website with contents compliant with Decree No. 97 and this Circular, made according to a set form (not printed herein).

b/ A certified copy of any of the following papers: business registration certificate (for enterprises established under the Enterprise Law), investment certificate (for enterprises established under the Investment Law); establishment decision (for organizations other than enterprises) with functions and tasks relevant to information published on the website to be licensed together with the written approval of the managing agency (if any); press operation license (for press agencies).

c/ The website manager's university diploma (certified copy) and resume with his/her photo certified by a competent state agency.

d/ A plan on establishment of the general website with principal contents specified at Point d. Clause 2. Article 21 of Decree No. 97. When using the national domain name of Vietnam "vn", this name must have a use duration of at least 6 months counting from the time of applying for the license. When using an international domain name, this name must have been notified to the Ministry of Information and Communications under the Information and Communications Ministry's Circular No. 09/ 2008/TT-BTTTT of December 24, 2008, guiding the management and use of internet resources.

e/ Written approvals of information providers to guarantee the lawfulness of sources.

Article 9. Conditions and dossiers for registration of online social network service provision

1. Registration conditions:

a/ Being an organization or enterprise established and operating under Vietnamese law;

b/ Having sufficient technical means, personnel and management program suitable to its operation scale, ensuring online social network service provision compliant with Decree No. 97, the Information and Communications Ministry's Circular No. 07/2008/TT-BTTTTand this Circular;

c/ Having relevant business lines or functions and tasks;

d/ Having a valid domain name;

đ./ A commitment of the head of the organization or enterprise that the provision of online social network services is compliant with Decree No. 97. the Information and Communications Ministry's Circular No. 07/ 2008/TT-BTTTT of December 18. 2008. and this Circular.

2. Registration dossier:

a/ An application for registration of online social network service provision, containing the commitment to complying with Decree No. 97. the Information and Communications Ministry's Circular No. 07/2008/TT-BTTTT of December 18. 2008. and this Circular, made according to a set form (not printed herein).

b/ A notarized copy of the establishment decision (for an organization), business registration certificate, investment certificate or investment license with relevant business lines (for an enterprise).

c/ The regulation on provision and sharing of information on the website providing online social network services of the organization or enterprise, ensuring compliance with Decree No. 97. the Information and Communication Ministry's Circular No. 07/2008AT-BTTTT of December 18. 2008. and this Circular;

d/ A plan on online social network service provision covering the following contents:

- Type of service (online chat, creation of personal blogs, fora and other similar forms which allow users to interact, share and exchange information).

- Information management process appropriate to the service provision scale of the organization or enterprise.

-Technical measures, professional operations, personnel and appropriate management programs ensuring online social network service provision compliant with Section 3 of the Information and Communications Ministry's Circular No. 07/ 2008/TT-BTTTT of December 18. 2008.

e/ Resume of the responsible person certified by the head of the organization or a competent agency (for an enterprise).

f/ Use of the national domain name of Vietnam ".vn" must comply with Point d, Clause 2, Article 8 of this Circular.

Article 10. Competence and order for licensing and registration certification

1. The Authority of Broadcasting and Electronic Information

a/ To receive and appraise application dossiers and license the establishment of general websites of the following organizations:

- Central organizations:

- Religious institutions lawfully operating in

Vietnam.

- Diplomatic missions, consulates, representative agencies of intergovernmental international organizations and non-governmental organizations, foreign economic. cultural and scientific organizations and other foreign-involved organizations having lawful representatives operating in Vietnam.

b/ To appraise and license the establishment of general websites of domestic organizations and enterprises whose licenses or operation registration certificates arc granted by local state management agencies, except Hanoi and Ho Chi Minh City.

c/ To receive and appraise application dossiers and license the establishment of websites of central press agencies.

d/ To appraise and license the establishment of websites of local press agencies.

e/ To receive and appraise application dossiers and grant registration certificates of online social network service provision for Vietnamese organizations and enterprises and foreign organizations and enterprises with legal entity representatives in Vietnam.

2. Information and Communications Departments of provinces and centrally run cities, except Hanoi and Ho Chi Minh City

To receive and check the validity of dossiers of application for establishment of general websites of domestic organizations and enterprises whose operation licenses or registration certificates are granted by local state management agencies and dossiers of application for establishment of websites of local press agencies and submit these dossiers together with their written requests to the Authority of Broadcasting and Electronic Information for consideration and licensing.

3. Information and Communications Departments of Hanoi and Ho Chi Minh City

a/To receive and appraise application dossiers and license the establishment of general websites of domestic organizations licensed by state management agencies of Hanoi and Ho Chi Minh City, domestic and foreign enterprises with registered offices in Hanoi and Ho Chi Minh City (except cases to be licensed by the Authority of Broadcasting and Electronic Information stipulated at Point a. Clause I of this Article).

b/ To receive and check the validity of dossiers of application for establishment of websites of local press agencies and submit these dossiers together with their written requests to the Authority of Broadcasting and Electronic Information for consideration and licensing.

4. Time limit for dossier processing

a/ The Authority of Broadcasting and Electronic Information shall consider and license the establishment of general websites and websites of press agencies and grant registration certificates of online social network service provision within the time limits set in Clause 3, Article 21, and Clause 3. Article 22 of Decree No. 97.

b/ Within 5 working days after receiving a dossier of application for establishment of a general website (except cases to be licensed by Information and Communications Departments of Hanoi and Ho Chi Minh City under Point a. Clause 3 of this Article) or a website of a press agency, a provincial-level Information and Communications Department shall check the dossiers validity and forward it to the Authority of Broadcasting and Electronic Information for consideration and licensing. When the dossier is invalid, it shall issue a written notice clearly stating the reason.

c/ Within 10 working days after receiving a dossier, the Information and Communications Department of Hanoi or Ho Chi Minh City shall consider and approve the dossier of application for establishment of a website within its licensing competence defined at Point a. Clause 3 of this Article. In case of refusal, it shall issue a written notice clearly stating the reason.

5. Competence to supplement, modify, re-grant and revoke licenses

a/ The licensing agencies defined in Clauses 1 and 2 of this Article may decide to supplement, modify, extend, re-grant or revoke licenses under Clauses 4. 5 and 6. Article 21 of Decree. No. 97.

b/ When detecting violations in licensing or information provision, the Authority of Broadcasting and Electronic Information may decide to revoke establishment licenses of general websites of organizations and enterprises.

6. Within 5 working days after granting a license under Clause 3. Article 9 of this Circular, the Information and Communications Department of Hanoi or Ho Chi Minh City shall send one (1) copy of the license to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) for reporting.

Article 11. Reporting regulations

1. Organizations and enterprises establishing general websites

a/ To make regular reports every 12 months and irregular reports at the request of competent state management agencies.

b/ A regular report covers:

- Name of the organization, date and code of the lice use for establishment of the general website issued by a competent state management agency;

- Information provided, information sections;

- List of sources;

- Personnel and measures to manage information on the genera) website.

c/ To send reports before January 15 every year.

2. Online social network service providers:

a/ To make regular reports every six months and irregular reports at the request of competent state management agencies.

b/ A regular report covers:

Name of the organization, date and code of a competent state management agency's written certification of online social network service provision;

Types of services provided;

Number of users of services managed by the enterprise and data collected at the request of competent agencies.

c/ Online social network service providers that provide personal blog creation services shall submit reports before January 15 and July 15 every year.

3. Addresses for sending reports:

- The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Email: cucptth&[email protected]

- Provincial-level Information and Communications Departments of localities in which enterprises register their offices.

3. Provincial-level Information and Communications Departments shall report on the state management of online information in their localities once every three months (before the 10th day of each quarter in the year) to the Ministry of Information and Communications.

Article 12. Effect

1. This Circular takes effect on September 1, 2010.

2. Websites licensed under the Government's Decree No. 55/2001/ND-CP of August 21, 2001. on management, provision and use of internet services, and the Culture and Information Ministry's Decision No. 27/2002/QD-BVHTT of. October 10, 2002, promulgating the Regulation on management and licensing of online information provision and website establishment, which provide general information specified in Clause 1, Article 2 of this Circular shall apply for a license under this Circular within 90 days from the effective date of this Circular.

3. In the course of implementation, any arising problems should be reported to the Ministry of Information and Communications for consideration and settlement.-