Thông tư 23/2013/TT-BTTTT

CIRCULAR

PROVIDING THE MANAGEMENT OF PUBLIC INTERNET ACCESS POINTS AND POINTS PROVIDING PUBLIC ELECTRONIC GAME SERVICE

Pursuant to the Law on Communications of November 23, 2009;

Pursuant to Decree No.25/2011/ND-CP of April 6, 2011 of the Government detailing and guiding the implementation of a number of articles of the Law on Communications;

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

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

At the proposal of the Director of the Telecommunications Department,

Minister of Information and Communications promulgates Circular providing the management of public internet access points and points providing public electronic game service.

Article 1. Scope of regulation

This Circular provides the management of public internet access points and points providing public electronic game service.

Article 2. Subjects of application

This Circular applies for owners of public Internet access points; owners of points providing public electronic game service; Departments of Information and Communications of provinces and centrally-run cities; People’s Committees of urban districts, districts; and relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, following terms are construed as follows:

1. The state agency granting certificates are Departments of Information and Communications or People’s Committees of urban districts, districts which are assigned by People’s Committees of provinces or centrally-run cities to chair the issuance, amendment, supplementation, extension, re-issuance or withdrawal of certificates on satisfaction of conditions for operating points providing public electronic game service.

2. Persons who directly manage points providing public electronic game service are individuals representing organizations or enterprises to directly manage points providing public electronic game service.

Article 4.Points providing public electronic game service

Points providing public electronic game service will comprise:

1. Public Internet access points having electronic game service supplied: Internet agents; public Internet access points of Internet service providing enterprises; public Internet access points at hotels, restaurants, airports, wharfs, bus stations, café shops and other public points that have Internet agent contracts signed with Internet service providing enterprises.

2. Points providing public electronic game service via computer network (LAN, WAN) without connecting with the Internet.

Article 5. Conditions for operation, rights and obligations of points providing public electronic game service

1. Conditions for operation of points providing public electronic game service are provided for in Clause 1 and Clause 2, Article 35 of Decree No.72/2013/ND-CP of  July 15, 2013 of the Government on the management, supply and use of Internet service and online information (below collectively referred to as Decree No.72/2013/ND-CP) Rights and obligations of owners of points providing public electronic game service are provided for in Article 36 of Decree No. 72/2013/ND-CP.

2. Provision on the distance between points providing public electronic game service to school gates prescribed in Point b, Clause 2, Article 35 of Decree 72 will be applied and construed as follows:

a) To be applied for primary schools, junior high schools, senior high schools, multi-level secondary schools, continuing education centres, ethnic boarding schools and ethnic semi-boarding schools;

b) It is understood that the length of the shortest road from the front door or the side door of public supply points of electronic games service to the main entrance or the side entrance of the school and a centre specified in Point a, Clause 2 of this Article.

3. Signboard of a public supply point of electronic game service, beside the information prescribed in Point c, Clause 2, Article 35 of Decree 72/2013/ND-CP is required to have additional information as follows:

a) In case that a public supply point of electronic game service is concurrently an Internet agent, it is required to add in information prescribed in Point b, Clause 1, Article 9 of Decree No.72/2013/ND-CP

b) In case that a public supply point of electronic game service is concurrently public Internet access point of an enterprise, it is required to add in information prescribed in Point a, Clause 2, Article 9 of Decree No.72/2013/ND-CP

4. Points providing public electronic game service prescribed in Clause 1, Article 4 of this Circular will have to publicize their regulations on service use which fully comprise information prescribed in Clause 3, Article 36 and Point c, Clause 1 Article 9 of Decree No.72/2013/ND-CP

5. People’s Committees of provinces and centrally-run cities will provide detailed guidelines on total areas of computer rooms of points providing public electronic game service for areas in the regions in compliance with provisions under Point d, Clause 2, Article 35 of Decree No.72/2013/ND-CP.

Article 6. The uptime of public Internet access points and points providing public electronic game service

1. The uptime of Internet agents and public Internet access points of enterprises without providing electronic games will comply with provisions of People’s Committees of provinces or centrally-run cities.

2. The uptime of public Internet access points at hotels, restaurants, airports, wharfs, bus stations, café shops and other public places without providing electronic games will comply with the opening time and the closing time of such places.

3. The uptime of points providing public electronic game service as prescribed in Article 4 of this Circular will comply with Clause 8, Article 36 of Decree No. 72/2013/ND-CP

Article 7.Certificate of eligibility for operation of points providing public electronic game service

1. Certificate of eligibility for operation of points providing public electronic game service will valid within 03 (three) years.

2. Certificate of eligibility for operation of points providing public electronic game service will comprise following basic information:

a) Specific name and address of a public service point providing electronic games includes: the house number, hamlet/street, commune/ward/town, urban district/district/city, province/centrally-run city;

b) Business registration number of the public service point providing electronic games;

c) Surname and name, ID number, telephone number, email address of the owner of the public service point providing electronic games who is an individual; Surname and name, ID number, telephone number, email address of the person who directly manage the public service point providing electronic games if the owner of the point is an organization or an enterprise;

d) The period of validity of the certificate;

dd) The total area of computer rooms;

e) Rights and obligations of the owner of the public service point providing electronic games.

3. The prescribed form of the Certificate of eligibility for operation of points providing public electronic game service is provided in the prescribed Form No.01a/GCN and the prescribed Form No.01b/GCN which are enclosed together with this Circular.

Article 8. Procedures for grant of Certificate of eligibility for operation of points providing public electronic game service

1. Dossiers for request of being issued with the Certificate of eligibility for operation of points providing public electronic game service

The organization or individual requesting a grant of Certificate of eligibility for operation of points providing public electronic game service will send directly or use postal service 01 (one) set of dossier to the licensing agency, including:

a) A request for granting the Certificate will comply with the prescribed Form No.02a/DDN or the prescribed Form No.02b/DDN which are enclosed together with this Circular;

b) A certified copy of the business registration certificate of the public service point providing electronic games;

c) A certified copy of ID of the owner of the points providing public electronic game service who is an individual; a certified copy of ID of the person who directly manage the public service point providing electronic games in the case that the owner is an organization or an enterprise.

2. Time limit and process of handling dossiers

Within 10 (ten) working days, since the date of receiving the dossier as prescribed in Clause 1 of this Article, the licensing agency will evaluate the dossier, check the practical situation and issue the certificate of eligibility for operation of points providing public electronic game service. In case of refusal, the licensing agency will be responsible for notifying in writing, in which reason of refusal is clearly stated to the organization or the individual.

3. For points granted with certificates of eligibility for operation of points providing public electronic game service, before the expiry dates of those certificates at least 20 (twenty) days, owners who want to continue operations will have to conduct procedures for granting certificates of eligibility for operation of points providing public electronic game service in accordance with Clause 1, Clause 2 of this Article.

Article 9. Amendment or supplementation of Certificates of eligibility for operation of points providing public electronic game service

1. Within the period of validity of a certificate of eligibility for operation of points providing public electronic game service, the owner of the public service point providing electronic games will have to conduct procedures for amendment, supplementation of the certificate of eligibility for operation of points providing public electronic game service granted in one of following cases:

a) Changing names of the points providing public electronic game service;

b) Changing owners of the points providing public electronic game service who are individuals or persons who directly manage the points providing public electronic game service in the case that owners are organizations or enterprises.

2. Dossiers for requests of amendment or supplementation of Certificates of eligibility for operation of points providing public electronic game service

The organization or individual will send, directly or via postal service, 01 (one) set of dossier requesting for amendment, supplementation of Certificate of eligibility for operation of points providing public electronic game service to the licensing agency, including:

a) A request for amendment or supplementation of the Certificate will comply with the prescribed Form No.03a/DDN or the prescribed Form No.03b/DDN which are enclosed together with this Circular;

b) A certified copy of the Certificate of eligibility for operation of points providing public electronic game service which is still valid;

c) Other documents relating to changed information (if any).

3. Time limit and process of handling dossiers

Within 05 (five) working days, the licensing agency is responsible for assessment and issuance of certificates of eligibility for operations of points providing public electronic game service amended or supplemented in replacing old certificates. In case of refusal, the licensing agency will be responsible for notifying in writing, in which reason of refusal is clearly stated.

4. The amended or supplemented Certificates of eligibility for operation of points providing public electronic game service will have periods of validity which are similar to old certificates.

Article 10. Extension, re-issuance of Certificates of eligibility for operation of points providing public electronic game service

1. Points granted with certificates of eligibility for operations of points providing public electronic game service would like to continue their operations according to contents of those granted certificates but do not conduct procedures for requests of granting certificates as prescribed in Clause 3, Article 8 of this Circular, before the periods of validity of certificates at least 20 (twenty) days, owners will send, directly or via postal service, 01 (one) dossier for request of extension of the certificate to the licensing agency, including:

a) A request for extension of the Certificate will comply with the prescribed Form No.04a/DDN or the prescribed Form No.4b/DDN which are enclosed together with this Circular;

b) A certified copy of ID of the individual owner of point.

2. Within 05 (five) working days, the licensing agency is responsible for assessment and issuance of decision on extension of certificates of eligibility for operations of points providing public electronic game service according to the prescribed Form No.05/QD which is enclosed with this Circular. In case of refusal, the licensing agency will be responsible for notifying in writing, in which reason of refusal is clearly stated.

3. Certificates of eligibility for operation of points providing public electronic game service may be extended 01 (one) time for a maximum period of 06 (six) months.

4. In case that a certificate of eligibility for operation of public service point providing electronic games is ragged, fired or destroyed under other form, the owner of the public service point providing electronic games will have to send, directly or via postal service, 01 (one) request for re-issuance of the certificate according to the prescribed Form No.06a/DDN or the prescribed Form No.06b/DDN which are enclosed together with this Circular to the licensing agency.  Within 05 (five) working days, the licensing agency is responsible for re-issuance of certificates of eligibility for operations of points providing public electronic game service.

In case of refusal, the licensing agency will be responsible for notifying in writing, in which reason of refusal is clearly stated.

Article 11. Withdrawal of certificates of eligibility for operation of points providing public electronic game service

1. Owners of points providing public electronic game service will be withdrawn their certificates of eligibility for operation of points providing public electronic game service in one of following cases:

a) Having fraudulent act or provision of false information in order to be granted with certificates of eligibility for operations of points providing public electronic game service;

b) Changing the total areas of computer rooms but do not satisfy conditions prescribed in Point d, Clause 2, Article 35 of Decree No.72/2013/ND-CP;

c) After 06 (six) months since the date that has a written notification of the licensing agency regarding the public service point providing electronic games does not satisfy conditions in term of distance as prescribed in Clause 2, Article 5 of this Circular because a school or a centre stated in Point a, Clause 2, Article 5 of this Circular has just been operated or other objective reasons.

2. In case that the certificate is withdrawn according to Point a, Clause 1 of this Article, after the time limit of 01 (one) year since the date that the certificate is withdrawn, the owner of public service point providing electronic games is entitled to request an issuance of new certificate if conditions for being granted a certificate are satisfied in compliance with legal provisions. In case that the certificate is withdrawn according to Point b and Point c, Clause 1 of this Article, the owner of public service point providing electronic games is entitled to request an issuance of new certificate immediately when conditions for being granted a certificate are satisfied in compliance with legal provisions.

Article 12. Obligation of Departments of Information and Communications

1. To build and submit People’s Committees of provinces or centrally-run cities for promulgation of the process for evaluation of dossiers, physical inspection and issuance, amendment, supplementation, extension, re-issuance or withdrawal of certificates of eligibility for operations of points providing public electronic game service which will be applied in their localities.

2. To publicize list of points providing public electronic game service granted or withdrawn with certificates of eligibility for operations of points providing public electronic game service in their localities.

3. To update list of G1 games approved in contents, scripts and list of G1 games that their decisions on approval of contents or scripts withdrawn on websites of Departments of Information and Communications and to send notifications to owners of points providing public electronic game service in their localities.

4. To chair and coordinate with People’s Committees of urban districts and districts in the management, inspection, check, statistics and reports of operation situations of public Internet access points and points providing public electronic game service in their localities.

5. To chair and coordinate with People’s Committees of urban districts, districts and enterprises providing Internet services, enterprises providing electronic games in dissemination of legal provisions on the management of Internet and electronic games in their localities.

6. Before December 15 every year, report to the Ministry of Information and Communications (its Telecommunications Department) about contents according to the prescribed form no. 07/BC which is enclosed together with this Circular.

Article 13. Effect

This Circular will take effect on February 10, 2014.

Article 14. Transitional provisions

Within 12 months since the effective date of this Circular, public Internet access points providing electronic games operating in accordance with Decree No.97/2008/ND-CP of August 28, 2008 of the Government on the management, provision and use of Internet service and electronic information will be responsible for conversion and satisfaction of conditions prescribed in this Circular.

Article 15. Organization of implementation

1. Chief of office, heads of state agencies and units under the Ministry, Directors of Departments of Information and Communications and relevant organizations and individuals shall implement this Circular.

2. Any problems arising in the course of implementation of this Circular, state agencies, organizations or individuals should report to the Ministry of Information and Communications (its Telecommunications Department) for appropriate amendment or supplementation.