Thông tư 24/2015/TT-BTTTT

CIRCULAR

STIPULATING MANAGEMENT AND USE OF INTERNET RESOURCES

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Government’s Decree No. 132/2013/ND-CP dated October 16, 2013 on defining the functions, tasks, 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, supply and use of Internet services and online information;

The Ministry of Information and Communications hereby introduces regulations on management and use of internet resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application and applicable entities

This Circular shall provide regulations on management and use of Internet resources, including registration, distribution, allocation, use, return, temporary suspension, revocation and dispute resolution which apply to organizations or individuals participating in Vietnam's Internet activities.

Article 2. Interpretation of terms

In this Circular, terms shall be construed as follows:

1. ICANN refers to the abbreviated name of the organization responsible for managing international domain names and numbers, and being granted the authority to manage the global top-level domain name system.

2. VNNIC refers to the abbreviated name of Vietnam Internet Network Information Center, an affiliation to the Ministry of Information and Communications.

3. Domain name registrar refers to the organization rendering domain name registration and maintenance, including ".vn" domain registrars and international domain registrars in Vietnam.

4. Domain name refers to the name used for identifying the DNS server address formed from the set of alphabetical characters separated by a full stop “.”. Domain names shall be categorized into the followings:

a) The domain name formed from the set of ASCII characters and symbols (hereinafter referred to as ASCII domain name); 

b) The domain name formed from native alphabets of the traditional language in each country (hereinafter referred to as Internationalized domain name (IDN)). 

5. Top-level domain name refers to the last set of scripts and symbols in the global domain name syntax.  Top-level domain names (TLD) shall be categorized into the followings:

a) The generic top-level domain name (gTLD) refers to domain names, such as ".com"; ".net"; ".edu"; ".org"; ".int"; ".biz"; ".info"; ".name"; ".pro"; ".aero"; ".museum"; ".coop", and other gTLDs; 

b) The country code top-level domain name (ccTLD) refers to top-level domain names particularly intended for specific countries and territories in uniformity with international standards for country codes (ISO-3166), including “.vn” identifying the top-level domain name of Vietnam.

6. New generic top-level domain name (New gTLD) refers to gTLDs to be expanded for direct assignment to worldwide organizations or individuals under the New gTLD program.

7. Vietnam domain name refers to the collection of lower-level domains below Vietnam top-level domains like “.vn” (hereinafter referred to as “.vn” domain) and other lower-level domains below top-level domains under Vietnam’s management.

8. International domain name refers to lower-level domains below gTLDs and lower-level domains below ccTLDs, except for Vietnam domain names.

9. Domain name at different levels (secondary, third, etc. level) refers to the set of scripts and symbols forming domain names arranged hierarchically below top-level domain names.

10. Internet protocol address (IP address) refers to the network address of devices or servers, including IP address generations like IPv4, IPv6 and the next generations of the IP address.

11. Network serial number refers to the digit code used for naming a computer network participating in general Internet-based routing activities.

12. Domain name servers (DNS system) refers to the collection of servers connected together to respond to the query for an IP address corresponding to a domain name.  National DNS refers to the DNS under VNNIC’s direct management that serves IP address queries for lower-level domains below the “.vn” domain.  

13. Domain registration and maintenance service refers to the service provided by ".vn" domain registrars for organizations or individuals in order to enable them to create, update, maintain and manage lower-level domain names below the “.vn” domain in the database of domains and the national DNS, including the following activities:

a) Register and maintain domains; ensure the absolute security for domain names and domain name databases;

b) Preserve, report and provide information on domain names and information of organizations or individuals applying for the domain registration;

c) Withhold domain registration, temporarily suspend and revoke domain names;

d) Collect, pay domain fees and charges.

14. Applicant for domain registration (hereinafter referred to as applicant) refers to organizations or individuals going through the process for application for domain registration and granted the right to use the “.vn” domain.

Article 3. Principles of management and use of internet resources

1. Internet resources are planned consistently in order to ensure the safety, reliability and effectiveness for Internet activities in Vietnam.

2. Protection of Internet resources related to the national sovereignty, interest and security, and Communist Party and state organs, organizations, socio-political organizations, will be given priority so that they are prevented from any infringement.

3. Management and use of Internet resources must stick to the principle that it will serve the right purpose, the right subject, and comply with regulations and will not intrude upon legitimate rights and interests of other organizations or individuals.

4. International cooperation should be enhanced, and international agreements and laws in respect of management and use of Internet resources should be strictly observed.

5. Internet resources should only be brought into operation or maintained for continuing operations only after organizations or individuals using Internet resources have paid fees and charges in accordance with applicable regulations.

Article 4. Responsibility of VNNIC

1. Boost up communications activities towards, provide guidance on, implement, inspect and supervise management and use of Internet resources to ensure that these resources are used in an efficient and law-abiding manner.

2. Guarantee the safety for management and use of Internet resources and the confidentiality of information of organizations and individuals using Internet resources as stipulated by laws.

3. Invest in, manage and operate the national COMPANIES and technical systems to assist management and use of Internet resources in an efficient, safe and law-abiding manner.

4. Compile review reports and collect statistical data on management and use of Internet resources.

5. Prepare and request the Ministry of Information and Communications to approve sample contracts entered into with ".vn" domain registrars; sample contracts entered into with enterprises providing domain name registration service for lower-level domains below New gTLD over periods of time so that these will meet practical requirements and regulations of international organizations of which Vietnam has become a member.

6. Hold discussions or negotiations to finalize and execute contracts with ".vn" domain registrars, with enterprises providing domain name registration service for lower-level domains below New gTLD, which must be relevant to the Internet resource management scheme and regulations.

7. Provide instructions for, inspect and supervise operations of ".vn" domain registrars, enterprises providing domain name registration service for lower-level domains below New gTLD in order to ensure compliance with legal regulations and contracts entered into between both parties.

8. Protect “.vn” domain names relating to the national sovereignty, interest and security.

Chapter II

MANAGEMENT AND USE OF VIETNAM NATIONAL DOMAIN NAME

Article 5. “.vn” domain structure

1. The “.vn” domain name may include the domain name without accent marks, and the Vietnamese domain name:

a) Domain names without Vietnamese characters and accent marks are ASCII domain names which are formed from characters and symbols defined in the table of ASCII characters and symbols, including lower-level domain names without accent marks below “.vn” domain names;

b) Vietnamese domain names are internationalized domain names which are formed by characters defined in the table of Vietnamese characters and symbols or expanded Vietnamese characters and symbols according to the Vietnam standard 6909:2001 and separated by the mark “-“, including lower-level Vietnamese domain names below ".vn" domain names.

2. Domain names without accent marks shall be categorized into the followings:

a) Generic secondary-level unaccented domain names classified by fields;

b) Generic secondary-level unaccented domain names classified by geographic entities;

c) Specific secondary-level unaccented domain names;

d) Third-level unaccented domain names below generic secondary-level unaccented domain names.

3. Generic secondary-level unaccented domain names classified by fields refer to unaccented domain names coined after names of different activities in the social life, and commonly used by and not allocated particularly to organizations or individuals, including the followings:

a) COM.VN particularly designed for organizations, individuals involved in trading and commercial activities;

b) BIZ.VN particularly designed for organizations, individuals involved in trading and commercial activities (the same as COM.VN domain);

c) EDU.VN particularly designed for organizations, individuals involved in educational and training activities;

d) GOV.VN particularly designed for central and local state agencies;

dd) NET.VN particularly designed for organizations, individuals involved in online service establishment and provision activities;

e) ORG.VN particularly designed for organizations involved in political, cultural and social activities;

g) INT.VN particularly designed for international organizations;

h) AC.VN particularly designed for organizations, individuals involved in research activities;

i) PRO.VN particularly designed for organizations, individuals involved in highly specialized activities;

k) INFO.VN particularly designed for organizations, individuals involved in information production, distribution and supply activities;

l) HEALTH.VN particularly designed for organizations, individuals involved in pharmaceutical and medical activities;

m) NAME.VN particularly designed for individuals applying for registration of personal name domains;

n) Other domains stipulated by the Ministry of Information and Communications.

4. Generic secondary-level unaccented domain names classified by geographical entities refer to the domain names coined after unaccented names of centrally-affiliated cities or provinces and commonly used by and not allocated particularly to organizations or individuals (such as hanoi.vn, haiphong.vn, etc.).

5. Specific secondary-level unaccented domain names refer to unaccented domain names specifically intended for organizations or individuals applying for the domain registration to meet private demands.

6. Third-level unaccented domain names refer to unaccented domain names which are below generic secondary-level unaccented domain names classified by fields, generic secondary-level unaccented domain names classified by geographical entities, and are intended for organizations or individuals applying for the domain registration to meet private demands.

7. Vietnamese domain names include generic secondary-level Vietnamese domain names classified by geographical entities, specific secondary-level Vietnamese domain names and third-level domain names below secondary-level domain names classified by geographical entities.

a) Generic secondary-level Vietnamese domain names classified by geographical entities refer to the domain names coined after names of centrally-affiliated cities or provinces and commonly used by and not allocated particularly to organizations or individuals (such as hànội.vn, hảiphòng.vn, etc.);

b) Specific secondary-level Vietnamese domain names refer to Vietnamese domain names specifically intended for organizations or individuals applying for the domain registration to meet private demands;

c) Third-level Vietnamese domain names refer to Vietnamese domain names which are below generic secondary-level Vietnamese domain names classified by geographical entities, and are intended for organizations or individuals applying for the domain registration to meet private demands.

Article 6. “.vn” domain registration

1. The “.vn” domain registration shall be made on the principle of equality, non-discrimination and “first come, first served” basis with the following exceptions:

a) Domain names that fall within the scope of protection priority under the provisions of Clause 1 Article 8 hereof;

b) Other domains to be auctioned in accordance with regulations laid down by the Ministry of Information and Communications.

2. Domain names shall be optionally selected by organizations or individuals to serve the purpose of registration, but must meet the following requirements:

a) Do not contain words or phrases intruding upon the national sovereignty, interest and security, or violating social ethics, fine traditional customs and values;

b) Be clear, serious and avoid causing any confusion or misunderstanding by abusing polysyllabic and polysemantic attributes and omitting accent marks in Vietnamese language;

c) Have at least one or a set of character(s) forming lower-level domain names below top-level domain “.vn”;

d) Allow alphabetical characters ranging from a to z, numerical characters ranging from 0 to 9 and Vietnamese symbols defined in the table of Vietnamese letters, and all characters and symbols accepted by a network of domain name servers. Lowercase or uppercase letters and symbols do not matter;

dd) Allow the hyphen mark "-" but do not begin or end a domain name with this symbol and do not use two hyphens placed next to each other in a domain name;

e) For each level of a domain name, limit 63 letters and symbols (with regard to Vietnamese domain names, the number of characters is counted depending on the length of the set of characters after being conversed into unaccented ASCII characters);

g) As for domain names below “.name.vn”, ensure that these domain names are personal names or words attached to personal names such as personal first names, middle names, birth places and birth dates (all of these letters combined bear the meaning of personal names of individual applying for domain registration).

Article 7. “.vn” domain use

1. Applicants shall be responsible for managing and using registered domain names in compliance with legal regulations on Internet resources.

2. Organizations or agencies shall be assigned domain names below those registered for member agencies, individuals working for these agencies or organizations, and assume responsibility to manage other lower-level domain names that they have already assigned.   It is prohibited that lower-level domain names below their domain names are not assigned to other organizations or individuals.

3. Electronic newspapers, information pages or information portals affiliated to the Communist Party and the State must use at least 01 domain name “.vn” and store information in servers identified by IP addresses in Vietnam.

4. Electronic general information pages and social networks defined as licensed entities must use at least 01 domain name “.vn” and store information in servers identified by IP addresses in Vietnam.

Article 8. “.vn” domain protection

1. Protect all-level “.vn” domain names relating to the national sovereignty, interest and security, including:

a) Domain names represent important regions in the proximity of borders, names of islets, islands, oceans or waters of Vietnam; 

b) Domain names are Vietnamese geographic names accredited by UNESCO as the world's cultural relics;

c) Domain names are names of the Communist Party’s organizations, state organs, socio-political institutions (like Vietnamese Fatherland Front, Vietnam Trade Union, Communist Youth Union of Ho Chi Minh City, Vietnam Women’s Union, Vietnam Veteran’s Union, etc.);

d) Domain names regarding national security, defence and diplomatic activities;

dd) Other domains that need to be protected in accordance with regulations laid down by the Ministry of Information and Communications.

2. Organizations or agencies engaged in domain names stipulated in Clause 1 of this Article shall be responsible for filing applications for domain registration and reservation to the Ministry of Information and Communications (VNNIC). 

3. The Ministry of Information and Communications shall issue the list of domain names prioritized to be protected.

4. VNNIC shall reserve and protect domain names defined in the approved list.

5. Agencies, organizations or individuals unrelated to protected domain names stipulated in Clause 1 of this Article shall not be registered as protected domain names.

Article 9. Provision of “.vn” domain registration and maintenance service

1. If ".vn" domain registrars are enterprises incorporated under Vietnamese laws, they shall be eligible for providing “.vn” registration and maintenance service in Vietnam and overseas countries. Upon providing “.vn” domain registration and maintenance service in foreign countries, in addition to complying with Vietnamese laws on Internet, ".vn" domain registrars must also abide by laws of the host country.

2. If ".vn" domain registrars are overseas organizations signing contracts with official domain registrars of ICANN, they shall be eligible for providing “.vn” domain registration and maintenance in foreign countries.    Upon providing “.vn” domain registration and maintenance service in foreign countries, in addition to complying with laws of host countries, ".vn" domain registrars must also abide by Vietnamese laws on Internet.

3. If enterprises wish to provide “.vn” domain registration and maintenance service, they are required to submit an application for provision of “.vn” domain registration and maintenance by using the form stipulated in Appendix 1 enclosed herein to VNNIC. VNNIC shall consider, negotiate and sign a contract to provide ".vn" registration and maintenance service with enterprises according to the following criteria:

a) Provider of “.vn” domain registration and maintenance service;

b) Internet resource planning;

c) Compliance with regulations laid down in Clause 2 Article 14 of the Government’s Decree No. 72/2013/ND-CP dated July 15, 2013 on management, supply and use of Internet services and online information.

4. The contract for provision of “.vn” registration and maintenance service entered into between VNNIC and enterprises wishing to provide “.vn” domain registration and maintenance service must fully specify contents stipulated in Appendix 2 enclosed herein.

5. Upon providing “.vn” domain registration and maintenance service, ".vn" domain registrars shall be entitled to commissions under regulations laid down by the Ministry of Information and Communications.

6. During the process of providing “.vn” domain registration and maintenance service, ".vn" domain registrars must undertake not to:

a) Violate and harm legal rights and interests of applicants and other ".vn" domain registrars;

b) Abuse the advantage granted to domain name registrars to arrogate, prevent or find the way to prevent applicants from legal registration and use of domain names.

Article 10. Procedure for registering “.vn” domain names, changing registration information and returning “.vn” domain names

1. Registration application:

In order to complete the procedure for registering and changing the registration information and returning “.vn” domain names, applicants must submit the domain registration form, the request form for change to domain registration information or the request form for domain return.   The domain registration form, the request form for change to domain registration information or the request form for domain return shall be provided by ".vn" domain registrars on their website and must include all required information according to the form stipulated in Appendix 3, 4 and 5 enclosed herein. 

2. Registration address:

a) Registration dossiers must be submitted to ".vn" domain registrars defined in the list publicly posted on www.nhadangky.vn;

b) Request for changing registration information and returning “.vn” domain names must be submitted to in-charge ".vn" domain registrars.

3. Method of submitting application for domain registration, registration information change and domain return:

a) Directly submit application to ".vn" domain registrars’ offices. Individuals who are applicants, or those who act on behalf of agencies, organizations or enterprises to apply for domain registration, registration information change and domain return, are required to present ID cards (or passports, if individuals are foreigners);

b) Submit application to ".vn" domain registrars’ offices by post. Individuals who are applicants, or those who act on behalf of agencies, organizations or enterprises to apply for domain registration, registration information change and domain return, are required to attach the authenticated copy of ID card (or passports, if individuals are foreigners);

c) Submit application online via the electronic information page of ".vn" domain registrar if applicants have held digital signatures. 

4. Within a permitted period of 03 (three) working days, as from the date of receipt of the valid application for domain registration, registration information change and domain return, ".vn" domain registrars must notify applicants of the application processing result. In case of refusal, clear reasons must be stated as well.

5. Domain names which are not structured in the same manner as those stipulated in Article 5, or in breach of regulations on domain registration as prescribed in Article 6, or violate regulations on domain name protection as prescribed in Article 8, shall not be allowed.

6. Change made to the name of applicants for domain registration shall not be permitted, except for the cases in which agencies, organizations or enterprises transfer to new names in accordance with the decisions granted by competent authorities, or individuals change their full names in accordance with the decisions made by competent state agencies.

7. If applicants are allowed to change their name as stated in Clause 6 of this Article, in addition to submitting the request form for change made to domain registration information, agencies, organizations or individuals must present the original or attached authenticated copy of the decision on change made to the name of agencies or organizations, or the decision on change made to the full name of individuals in conformity with methods of submitting application stated in Clause 3 of this Article.

8. Return of domain names which are in the process of handling violations, or making final judgments of competent authorities shall not be allowed. 

Article 11. Bases and procedures for temporary suspension of “.vn” domain operations

1. Bases for temporary suspension of “.vn” domain operations:

a) The written request which has been made by the investigation agency to serve the purpose of preventing threats to the information security to maintain the national security, social safety and order on time in accordance with legal regulations;   

b) The written request which has been made by competent information and communications authorities to serve the purpose of carrying out inspection, examination and violation handling activities, or collaborating with competent inspectorates of other Ministries or industrial authorities in immediately preventing violations against regulations on information and communications as stipulated by laws;     

c) After 05 (five) days from the expiry date of a domain name, applicants’ failure to pay the fee for domain name maintenance.

2. As for cases stated in Point a and b Clause 1 of this Article:

a) Within a permitted period of 03 (three) working days from the date of receipt of the written request made by competent authorities, the Ministry of Information and Communications shall carry out the temporary suspension of domain operations through orders sent to the national domain server system; concurrently, request ".vn" domain registrars to send the written notification of temporary suspension to related agencies, organizations or individuals within 02 (two) working days from the date on which VNNIC issues the notification of temporary suspension of domain operations;

b) The duration of temporary suspension of domain operations shall not exceed 45 (forty five) days. After the duration of temporary suspension ends, VNNIC shall be responsible for restoring such domain name to normal operations if this domain name is not falling within cases in which revocation is required as stipulated in Article 12 hereof.

3. As for cases stated in Point c Clause 1 of this Article:

a) After the stated duration, operations of the domain name of which the maintenance fee has not been paid shall be temporarily suspended; 

b) Within 30 (thirty) days from the date on which the temporary suspension of domain operations starts, if applicants pay the domain maintenance fee in accordance with regulations, they shall be allowed to continue using registered domain names.  

Article 12. Procedure for revocation of “.vn” domain names

1. “.vn” domain names shall be revoked as follows:

a) The successful conciliation record of parties involved in disputes, or the Arbitration’s decision that has taken effect, or the Court’s verdict that has taken effect during the process of resolving domain name disputes, serves as the basis;     

b) The written request of the Ministry of Information and Communications is applied to the case in which domain names are revoked as stipulated in Point a, b Clause 2 Article 50 of the Law on Telecommunications;

c) The decision on penalties for administrative violations of inspectorate specializing in information and communications activities in which the remedy takes the form of revoking domain names, or imposing supplementary penalties by forfeiting devices at fault serves as the basis in the event that use of domain names violates regulations on management, supply and use of Internet service and online information;

d) The written request of investigation authorities or competent state agencies stipulated by laws in charge of information security and high technology crimes serves as the basis in the event that use of domain names causes harm to the national security, social order and safety in accordance with laws; 

dd) After 30 (thirty) days from the date on which the temporary suspension of domain operations starts as prescribed in Point c Clause 1 Article 11 hereof, applicants have not paid the statutory domain maintenance fee;

e) In some other cases in accordance with Government’s regulations.

2. In case of receiving the written request of agencies as stipulated in Point a, b, c, d Clause 1 of this Article, the Ministry of Information and Communications (VNNIC) shall take the following steps:

a) Issue the decision on domain name revocation;

b) Stop operating revoked domain names on the national server system of domain names; 

c) Request domain name registrars to send the written notification of domain name revocation to involved organizations, individuals within 02 (two) working days from the date on which VNNIC issued the notification of temporary suspension of domain name operations.

3. Within a permitted period of 02 (two) years from the date on which domain names were revoked, organizations or individuals whose domain names have been revoked under the provisions of Point c, d Clause 1 of this Article shall not be entitled to apply for registration of revoked domain names.   

4. As for cases stated in Point dd Clause 1 of this Article:

a) After obtaining the electronic notification "List of domain names with unpaid maintenance fee” certified by digital signatures of ".vn" domain registrars, VNNIC shall decide to revoke domain names by sending the written notification "List of domain names with unpaid maintenance fee” certified by VNNIC’s digital signature to related domain name registrars;

b) VNNIC shall carry out the temporary suspension of operations of revoked domain names on the national domain name server and request ".vn" domain registrars to send the written or electronic notification of revocation of domain names to involved agencies, organizations or individuals within 05 (five) working days from the date on which VNNIC decided to revoke domain names.

5. After review if revoked domain names do not fall within the cases in which they are in breach of regulations on registration of “.vn” domain names stated in Article 6 hereof, VNNIC shall restore revoked domain names to the available status so that agencies, organizations or individuals who have demands will register these domain names for use.

Article 13. Registration and use of lower-level domain names below “.gov.vn” domain names

In addition to regulations laid down in Article 6, 7, 8, 10, 11, 12 hereof, registration and use of “.gov.vn” domain names must meet the following regulations:

1. Entities eligible for registration and use of lower-level domain names below “.gov.vn” domain names shall include:

a) Central and local state agencies stipulated in Laws on Organization of the National Assembly, Government, People’s Council, People’s Committee, People’s Procuracy, People’s Court, or Government’s Decrees on defining the functions, tasks, powers and organizational structure of Ministries, Ministry-level agencies and Government agencies;

b) Units that belong to state agencies as stipulated in Point a Clause 1 of this Article.

2. The “.gov.vn” domain name must be named after the name of agencies or units in the manner of being specific, explicit and easily distinguishing this domain name from others as well as being relevant to functions and tasks of these agencies or units as stipulated by instruments issued by authorities competent to regulate functions, tasks, powers of agencies or units applying for registration of “.gov.vn” domain names.

3. Persons in charge of managing “.gov.vn” domain names must be competent or authorized ones that belong to agencies or units applying for registration of lower-level domain name below “.gov.vn” domain names under the provisions of Appendix 6 enclosed herein.

4. As for domain names which are protected under the provisions of Clause 1 Article 8 hereof, registration and change of registration information and return of “.gov.vn” domain names must comply with the following regulations:

a) This procedure shall be implemented by the help of domestic ".vn" domain registrars;

b) Within a permitted period of 01 (one) working day, domestic ".vn" domain registrars shall be responsible for transferring registration applications to VNNIC for consideration and decision.  Within a permitted period of 02 (two) working days, VNNIC shall send the notification of application processing result to ".vn" domain registrars by emails in order to collaborate in implementation process and request domain name registrars to send the notification of application processing result to relevant agencies, organizations or individuals.

5. The temporary suspension or revocation of “.gov.vn” domain names and those which are protected under the provisions of Clause 1 Article 8 hereof shall be subjected to consideration and decision of the Ministry of Information and Communications.

Article 14. “.vn” lookup system 

1. “.vn” lookup system (Whois VN) is the system for publicly and electronically providing information about “.vn” domain names and domain name applicants.

2. “.vn” lookup system (Whois VN) includes the Whois VN system provided by VNNIC at the address whois.vn and Whois VN systems provided by ".vn" domain registrars.

3. Information available on Whois VN shall comprise:

a) Domain names;

b) Registration date, expiry date;

c) Name of agencies, organizations or full names of individuals;

d) Domain name registrars in charge of managing domain names;

dd) Information about transferring domain name server.

4. Information available on Whois VN stipulated in Clause 3 of this Article shall be publicly provided on Internet and assist management and use of “.vn” domain names.

Article 15. Transfer to other “.vn” domain registrars

1. Transfer to other ".vn" domain registrars shall be carried out when all parties involved in such transfer enter into agreement, including:

a) The applicant for management and use of domain names;

b) The domain name registrar currently managing domain names;

c) The domain name registrar to whom the applicant is wishing to transfer their domain names.

2. Transfer to other domain name registrar shall not be allowed under the following circumstances:

a) Within 60 (sixty) days from the date on which new registration of domain name was made, this shall not be allowed to happen;

b) Within 30 (thirty) days before the expiry date of domain names, this shall not be allowed to happen;

c) Domain names are in the process of handling violations;

d) Domain names are subjected to the temporary suspension;

dd) Domain names are in dispute.

3. In case the ".vn" domain registrar has not had capability of managing their domain names, these domain names shall be put under control of other ".vn" domain registrars as agreed upon between two domain name registrars within a permitted period of 60 (sixty) working days on receipt of the written approval from the Ministry of Information and Communications , or according to the written request made by the Ministry of Information and Communications (VNNIC).

Article 16. Management of “.vn” domain names during the dispute resolution process

1. In the course of dispute resolution, VNNIC or the domain name registrar shall maintain the status quo of registration and use of domain names according to the written request made by agencies or organizations competent to resolve disputes in accordance with legal regulations.

2. After obtaining the written request for maintenance of the status quo of domain names from parties involved in disputes, VNNIC shall consider proper solutions in accordance with legal regulations.

3. If the plaintiff is allowed to apply for registration of domain names which are in dispute and revoked as defined in the successful conciliation record, the arbitration’s effective decision or the effective verdict or judgement of the Court, the plaintiff shall be given priority to register such domain names within a permitted period of 15 (fifteen) working days from the date on which these record, decision, verdict entered into force.   After this period, such domain names shall be available for registration.

Article 17. Rights and obligations of applicants for registration of “.vn” domain names

1. Register and use “.vn” domain names in accordance with legal regulations.

2. File complaints, make accusations and bring legal proceedings against any illegal intrusion or infringement upon registration and use of ".vn" domain names.

3. Choose domain name registrars within the system of ".vn" domain registrars in order to register domain names or transfer to other domain name registrar.

4. Provide adequate and accurate information when registering domain names in accordance with regulations; bear responsibility to manage domain name information; disseminate and update information under the guidance of domain name registrars whenever there is any change made information, and assume responsibility to check and provide accurate updated information upon the request made by domain name registrars or VNNIC.

5. Engage in or collaborate in preventing domain names from being used for law-breaking purposes upon the request of competent state agencies.

6. Apply technical measures to ensure the safety for domain names and attached information provided along with domain names which are being registered and used.   

Article 18. Registration and use of New gTLDs in Vietnam

1. Registration and use of New gTLDs

a) In order to be eligible for using New gTLDs, agencies, organizations or enterprises must complete and send the information registration form according to the form stipulated in Appendix 7 issued together with this Circular to the Ministry of Information and Communications;

b) The Ministry of Information and Communications shall give their written opinions on use of New gTLDs within 30 (thirty) working days of receipt of applications from agencies, organizations or enterprises;

c) These written opinions obtained from the Ministry of Information and Communications shall be used by these agencies, organizations or enterprises as the basis for completing procedures for registration of New gTLD with ICANN.  After 30 (thirty) working days of receipt of applications from agencies, organizations or enterprises, if the Ministry of Information and Communications does not give any response, these agencies, organizations or enterprises shall be allowed to proceed to complete the procedure for registration of New gTLDs;

d) Within a permitted period of 05 (five) days from the date on which ICANN officially transfers New gTLDs, agencies, organizations or enterprises must send the written notification to the Ministry of Information and Communications (VNNIC);

dd) New gTLDs registered and used by agencies, organizations or enterprises in Vietnam shall be managed by the Ministry of Information and Communications in accordance with legal regulations on Internet resources.

2. Lower-level domain names below New gTLDs:

a) Agencies, organizations or enterprises shall be granted lower-level domain names below New gTLDs that they have registered to be used by affiliations or affiliated individuals of these agencies or organizations;

b) Agencies, organizations or enterprises wishing to assign lower-level domain names below New gTLDs that they have registered to organizations or individuals other than member units or affiliated individuals of such agencies or organizations must send the written request to the Ministry of Information and Communications;

c) Within 30 (thirty) working days from the date on which the Ministry of Information and Communications granted the written approval, agencies, organizations or enterprises shall sign the contract with VNNIC for registration and maintenance of lower-level domain names below New gTLDs in Vietnam;

d) Assignment of lower-level domain names below New gTLD must comply with legal regulations on management of Internet resources.

Chapter III

REGISTRATION AND USE OF INTERNATIONAL DOMAIN NAMES IN VIETNAM

Article 19. Procedure for registration of international domain names with international domain name registrars in Vietnam

1. Registration application:

The registration form for international domain name is stipulated by international domain name registrar in Vietnam on the electronic information page of the domain name registrar, but is required to provide adequate information and meet requirements set out in the form stipulated in Appendix 8 enclosed herein.

2. Registration address:

The list and contact addresses of international domain name registrars in Vietnam shall be publicly posted at the address www. thongbaotenmien. vn in the section “International domain name registrars in Vietnam”.

3. Registration method:

a) Directly submit the registration application to international domain name registrars’ offices in Vietnam. Individuals who are applicants, or those who act on behalf of agencies, organizations or enterprises to apply for domain name registration are required to present ID cards (or passports, if individuals are foreigners);

b) Send the registration application to international domain name registrars’ offices in Vietnam by post. Individuals who are applicants, or those who act on behalf of agencies, organizations or enterprises to apply for domain name registration are required to attach the authenticated copy of ID cards (or passports, if individuals are foreigners);

c) Apply online via the electronic information page of international domain name registrar in Vietnam if applicants have held digital signatures. 

Article 20. Notification of international domain name use

1. Notification time: Before organizations or individuals bring international domain names which have been registered into operation.

2. Notification shall be posted at the address www. thongbaotenmien. vn.

3. Notification contents:

a) With regard to agencies or organizations: Name of the agency or organization defined in the establishment decision, the corporate registration certificate (or other valid certificates issued before the effective date of the 2014 Enterprise Law), the certificate of registration of representative office operations; main office address, telephone number, electronic mailbox; full name of the manager of domain names together with the address, telephone number, electronic mailbox, ID card or Passport number if (s)he is a foreigner;

b) With regard to individuals: full name; permanent residence address; telephone number; electronic mailbox; number, issue date and place of ID card or passport, if these individuals are foreigners;

c) Domain names brought into operation.

4. Information change:

a) Whenever there is any change to provided information, individuals using international domain names must log into the website www. thongbaotenmien. vn with granted passwords in order to supplement, change or remove information regarding international domain names which are currently in use;

b) If passwords have been forgotten or lost, or domain names have been used by others, applicants must send the written request to VNNIC in order for them to re-grant passwords and adjust information.

Article 21. Report on international domain name registration and maintenance service

1. Not later than 15 (fifteen) days from the date on which international domain name registration and maintenance service was provided for the public, international domain name registrars in Vietnam must send a performance report on provision of such service to the Ministry of Information and Communications (VNNIC) by using the form stipulated in Appendix 9 issued together with this Circular, enclosed herewith the authenticated copy of the investment certificate or the establishment decision or the corporate registration certificate (or the authenticated copy of other valid certificates issued before the effective date of the 2014 Enterprise Law); the notarized translation of the contract with ICANN or the contract with accredited registrars of ICANN with the aim of being eligible for furnishing international domain name registration service in Vietnam.

2. By the 15^th day of the first month of each quarter, international domain name registrars in Vietnam must send the online report of updated list of international domain names put under its management to VNNIC according to the specific instructions stated on www.thongbaotenmien.vn.

Chapter IV

MANAGEMENT AND USE OF IP ADDRESS AND NETWORK NUMBER

Article 22. Principles of assignment, distribution and use of IP address

1. Agencies, organizations or enterprises raising demands for setting up Internet connection network shall have the right to request assignment and distribution of IP address for internal use or reassignment of IP address to clients connected to the server of these agencies, organizations or enterprises. Use of IPv6 address is encouraged.

2. IP address shall be assigned, distributed depending on practical demands, and shall be valid across Vietnam. Agencies, organizations or enterprises involved in Internet activities must adhere to the following principles:

a) Carry out routing of IP address zones in Vietnam under the guidance of the Ministry of Information and Communications (VNNIC);

b) Do not route IP address zones that fall outside of the list of IP addresses under the management of the Ministry of Information and Communications (VNNIC), except for connection to international gateways;

c) Collaborate with VNNIC on dealing with technical issues and routing policies in order to ensure that the national DNS and Internet exchange point as well as Vietnam Internet operate in a safe and effective manner;

d) Make the plan to put IPv6 address to use in uniformity with the action plan for IPv6.

3. After a permitted period of 06 (six) months from the date of assignment and distribution, IP addresses that have not been put to use yet will be revoked if they fail to explain the reasonable purpose of using them on networks. 

4. Agencies, organizations or enterprises that have no longer had demands for IP addresses must return these addresses in written to the Ministry of Information and Communications (VNNIC).  IP address zones shall be assigned and re-distributed to any other agency, organization or enterprise in need.

5. During the Ipv4 address exhaustion stage:

a) Assignment, distribution of new Ipv4 address shall conform to the policy for restricted assignment in accordance with regulations laid down by the Asia Pacific Network Information Centre (APNIC) and publicly posted on the website www.apnic.net; 

b) Receipt of IP addresses directly from international organizations must comply with regulations laid down by international IP address resource management organizations and regulations enshrined in Article 27 hereof.  IP address zones, upon completion of procedure for import of IP address into Vietnam in accordance with regulations, shall be considered as Internet resources, and governed by legislative documents on Internet resources;  

c) Assignment, redistribution of revoked or returned IPv4 address zones of agencies, organizations or enterprises must comply with regulations and procedures stated in Article 24 hereof.

Article 23. Procedure for assignment, distribution of IP address

1. Application for assignment, distribution of IP address shall be composed of the followings:

a) “IP address registration form” according to the form stipulated in Appendix 10 enclosed herein;

b) Establishment decision or corporate registration certificate (or other valid certificates issued before the effective date of the 2014 Enterprise Law) (the authenticated copy or the attached copy of certificates with the original);

c) The copy of the licence to provide Internet service (if any).

2. Registration address:

Agencies, organizations or enterprises applying for assignment and distribution of IP address shall send their application to the Ministry of Information and Communications (VNNIC).

3. Method of filing application:

a) Directly submit application to VNNIC’s office. Individuals who act on behalf of agencies, organizations or enterprises to apply for assignment and distribution of IP address are required to present ID cards (or passports, if these individuals are foreigners);

b) Submit application to VNNIC’s office by post. Individuals who act on behalf of agencies, organizations or enterprises to apply for assignment and distribution of IP address are required to attach the authenticated copy of ID cards (or passports, if these individuals are foreigners);

c) Apply online at the address www.diachiip.vn if digital signatures are used.

4. The maximum duration of grant of the application processing result or the decision on assignment and distribution of IP address to agencies, organizations or enterprises is 20 (twenty) working days from the date of receipt of all valid required documents.   In case of rejecting application for assignment and distribution of IP address, the Ministry of Information and Communications shall send the written notification in which clear reasons for such rejection should be stated.

Article 24. Assignment, redistribution of returned or revoked IPv4 address zones 

1. Assignment, redistribution of revoked or returned IPv4 address zones in Vietnam shall not be governed by regulations laid down in Point a Clause 5 Article 22 hereof.

2. IPv4 address zones of agencies, organizations or enterprises in Vietnam left unoccupied after being revoked or returned shall be assigned, redistributed to any other agency, organization or enterprise in need according to the following principles:

a) First come, first served;

b) Have yet to be assigned IPv4 address, or have already assigned IP address and explain that at least 80% of IPv4 address zones have been assigned, distributed before if agencies, organizations or enterprises have been assigned or distributed IP addresses;

c) Demonstrate the degree of necessity and possibility of immediate use of IP address zones stated in applications for assignment and distribution;

d) If assignment and distribution of IPv4 address zones is accepted, agencies, organizations or enterprises applying for assignment and distribution of IP address must fulfill their obligation to pay fees or charges for use of IP address in Vietnam in accordance with regulations laid down by the Ministry of Finance.

3. Process for assignment and redistribution:

a) Whenever there is any revoked or returned IPv4 address zones of agencies, organizations or enterprises, VNNIC shall post information about such zones and the time of receipt of application for assignment and redistribution of IP address zones on the website www.diachiip.vn;

b) Receipt and processing of application for assignment and distribution of IP address shall adhere to principles stated in Clause 2 of this Article;

c) Within 03 (three) working days from the date of completion of processing of application for assignment and distribution of IP address, VNNIC shall issue the decision on assignment and redistribution of IP address and post it on the website www.diachiip.vn to announce the final result of each assignment and redistribution occasion.

Article 25. Principles of assignment, distribution and use of network number

1. Depending on the practical demand raised by agencies, organizations or enterprises, those who have obtained IP addresses assigned or distributed by VNNIC shall be entitled to apply for assignment and distribution of network number.

2. Network numbers shall be used to enter into IP address zones of Vietnam with routing policies which are independent or linked with service providers with different routing policies.

3. Agencies, organizations or enterprises that obtain assigned or distributed network numbers shall only be allowed to use these numbers within their networks.

4. After a permitted period of 06 (six) months from the date of assignment and distribution of network numbers, any network number that has not been put to use yet will be revoked if they fail to explain the reasonable purpose of using them on networks.

5. Agencies, organizations or enterprises that have no longer had demands for network numbers must return these numbers in written to the Ministry of Information and Communications (VNNIC).  Returned network numbers shall be assigned and re-distributed to any other agency, organization or enterprise in need.

6. Receipt of network numbers directly from international organizations must comply with regulations laid down by international IP address resource management organizations and regulations enshrined in Article 27 hereof.  Network numbers, upon completion of procedure for import into Vietnam in accordance with regulations, shall be considered as Internet resources, and governed by legislative documents on Internet resources.

Article 26. Procedure for assignment, distribution of network numbers

1. Registration application:

“Network number registration form” according to the form stipulated in Appendix 11 enclosed herein;

2. Registration address:

Agencies, organizations or enterprises applying for assignment and distribution of network numbers shall send their application to the Ministry of Information and Communications (VNNIC).

3. Method of filing application:

a) Directly submit application to VNNIC’s office. Individuals who act on behalf of agencies, organizations or enterprises to apply for assignment and distribution of network numbers are required to present ID cards (or passports, if these individuals are foreigners);

b) Submit application to VNNIC’s office by post. Individuals who act on behalf of agencies, organizations or enterprises to apply for assignment and distribution of network numbers are required to attach the authenticated copy of ID cards (or passports, if these individuals are foreigners);

c) Apply online at the address www.diachiip.vn if digital signatures are used.

4. The maximum duration of grant of the application processing result or the decision on assignment and distribution of network numbers to agencies, organizations or enterprises is 05 (five) working days from the date of receipt of all valid required documents.  In case of rejecting application for assignment and distribution of network numbers, the Ministry of Information and Communications shall send the written notification in which clear reasons for such rejection should be stated.

Article 27. Direct receipt of IP address or network number from international organizations

Agencies, organizations or enterprises in Vietnam wishing to receive IP addresses or network numbers directly from international organizations must follow these steps:

1. Make a report on receipt of IP address zone or network number by using the form stipulated in Appendix 12 enclosed herein in order to put IP address zones or network numbers into the list of IP addresses or network numbers subject to VNNIC's concentrated management.

2. Pay fees that may arise in accordance with regulations laid down by international IP address management organizations in order to transfer IP address zones or network numbers to the list of IP addresses and network numbers subject to the VNNIC’s concentrated management.

3. Pay fees for maintenance of IP address zones or network numbers as stipulated by the Ministry of Finance.

Article 28. Revocation of IP address and network number

IP addresses and network numbers shall be revoked under the following circumstances:

1. The written request of the Ministry of Information and Communications is applied to the case in which IP addresses, network numbers are revoked as stipulated in Point a, b Clause 2 Article 50 of the Law on Telecommunications.

2. The decision on penalties for administrative violations of inspectorate specializing in information and communications activities in which the remedy takes the form of revoking IP addresses, network numbers, or imposing supplementary penalties by forfeiting devices at fault serves as the basis in the event that use of IP addresses and network numbers violates regulations on management, supply and use of Internet service and online information.

3. The written request of investigation authorities or competent state agencies stipulated by laws in charge of information security and high technology crimes serves as the basis in the event that use of IP addresses, network numbers causes harm to the national security, social order and safety in accordance with laws.

4. IP addresses or network numbers are in breach of regulations laid down in Clause 3 Article 22 and Clause 4 Article 25 hereof.

5. After 30 (thirty) days from the date on which IP address zones, network numbers expired, agencies, organizations or enterprises fail to pay the maintenance fee in accordance with applicable regulations.

6. With regard to the case in which IP addresses, network numbers are revoked as stipulated in Clause 1 through Clause 5 of this Article, the Ministry of Information and Communications (VNNIC) shall issue the decision on revocation of IP addresses and network numbers; send a notification to involved agencies, organizations or enterprises. If IP addresses subject to revocation fall within IP address zones already issued to clients by Internet service providers, these Internet service providers shall be responsible for carrying out revocation of such IP address zones. 

Article 29. Rights and obligations of agencies, organizations or enterprises that obtain assigned or distributed IP addresses and network numbers

1. Agencies, organizations or enterprises that obtain assigned or distributed IP addresses shall be accepted as IP address members of VNNIC.

2. IP address members shall on their own establish their routing policy for assigned or distributed IP address zones which is relevant to the current status of their networks and does not obstruct the legal routing promotion of IP address zones.

3. IP address members shall be responsible for disclosing and updating information used for IP address zones and network numbers which have been assigned upon the request of the Ministry of Information and Communications (VNNIC).

4. IP address members shall be responsible for immediately verifying and dealing with IP addresses, network numbers under their management which may be involved in violations against regulations when they receive the notification from the Ministry of Information and Communications (VNNIC) or other competent agencies.

5. Only IP address members licensed to provide Internet service shall be eligible for re-distributing IP addresses to other clients or organizations.

Chapter V

IMPLEMENTARY PROVISIONS

Article 30. Effect

1. This Circular shall enter into force from October 10, 2015.

2. The following regulations shall be abolished:

a) The Circular No. 19/2014/TT-BTTTT of the Ministry of Information and Communications dated December 5, 2014 on stipulating management and use of internet resources;

b) Article 1 of the Circular No. 09/2011/TT-BTTTT of the Ministry of Information and Communications dated April 8, 2011 on amending and supplementing several provisions of the Circular No. 09/2008/TT-BTTTT dated December 24, 2008 and the Circular No. 12/2008/TT-BTTTT dated December 30, 2008;

c) The Circular No. 10/2008/TT-BTTTT of the Ministry of Information and Communications dated December 24, 2008 on stipulating the resolution of disputes over ".vn" domain names;

d) The Circular No. 09/2008/TT-BTTTT of the Ministry of Information and Communications dated December 24, 2008 on providing guidance on management and use of internet resources.

3. In the course of implementation, if there is any difficulty that may arise, the Ministry of Information and Communications should be informed on time for consideration, supplementation or modification purposes./.