Nghị định 142/2016/ND-CP

DECREE

ON THE PREVENTION OF ONLINE INFORMATION CONFLICTS

Pursuant to the Law of government organization dated June 19, 2015;

Pursuant to the Law of online information security dated November 19, 2015;

At the request of the Minister of National Defense;

The government promulgates the Decree on the prevention of contradictory online information.

Chapter I

GENERAL

Article 1. Scope

This Decree stipulates the principles, contents, solutions, international cooperation and responsibilities of the authorities, organizations and individuals for preventing online information conflicts in Vietnam.

Article 2. Regulated entities

1. Vietnamese authorities, organizations and individuals; Vietnam-based foreign entities, foreign persons and international organizations engaged in or related to the online information conflicts.

2. International organizations, foreign entities, foreigners or persons that hold no Vietnamese citizenship, do not work or reside in Vietnam but inflict online information conflicts in Vietnam.

Article 3. Terminology

In this Decree, the following phrases are construed as follows:

1. Prevention of online information conflicts refers to the implementation of technological and technical measures to supervise, detect, notify, trace, filter, rectify and eradicate online information conflicts.

2. Online information filtering is a technological and technical measure that screens and blocks signals, packets and data flow that cause conflicts in the information and the information system.

3. Rectification of online information conflicts is the settlement of incidents that generate online information conflicts.

4. Eradication of online information conflicts is the legitimate activity of protection and retaliation against the sources of online information conflicts.

5. Cyberspace is the environment formed by information infrastructure and social components' activities thereof to provide, convey, gather, process, store and exchange information.

6. State sovereignty in cyberspace consists of every governmental right over the network environment in conformity to international laws.

7. Online information conflict prevention units are specialized agencies of the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications. Such agencies are designated to provide counsels, organize and conduct the prevention of online information conflicts (hereinafter referred to as specialized agencies).

Article 4: Principles of the prevention of online information conflicts

1. Adhere to the requirements, procedures, formalities, manners and authority defined in the laws and to international agreements to which the Socialist Republic of Vietnam is a signatory.

2. Proceed regularly and continuously; detect, prevent and rectify matters actively, promptly and effectively, preclude every form of information warfare and cyber warfare.

3. Respect and defend the legitimate rights and interests of entities and individuals.

Article 5. Expenditure

1. The expenditure for prevention of online information conflicts shall be covered by the state budget and apportioned in the annual state budget estimate for the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications.

2. The estimation, actualization and finalization of the budget shall be governed by the Law of state budget and guiding documents.

Article 6. Responsibilities of specialized agencies

1. Advise the minister on the implementation of missions under the relevant ministry’s responsibility in regard to the prevention of online information conflicts and cooperation with other specialized agencies of other ministries in conducting the assignments jointly.

2. Collect information and resolve online information conflicts reported by other organizations and individuals; supervise, detect, notify, trace, filter, rectify and eradicate online information conflicts according to their functions and missions specified in Section 2, 3 and 4, Article 19 of this Decree.

3. Request other organizations and individuals to provide essential information, written materials, instruments and support for specialized agencies' prevention of online information conflicts; respond to and inform administrators of information systems of the recognition and settlement of online information conflicts.

Article 7. Provision of information

1. Organizations and individuals shall be responsible for notifying specialized agencies and information system administrators adequately of signs and acts of inflicting online information conflicts or of damage to the data and information system upon their detection.

2. Specialized agencies shall be responsible for collecting and processing information reported by other organizations and individuals on online information conflicts and for notifying the informers of the result of rectification of online information conflicts upon request.

Chapter II

CONTENT OF ONLINE INFORMATION CONFLICT PREVENTION

Part 1. SUPERVISION, DETECTION AND WARNING OF ONLINE INFORMATION CONFLICTS

Article 8. Supervision, detection and warning of online information conflicts

1. Specialized agencies and information system administrators shall regularly and continuously supervise, detect and notify online information conflicts.

2. National vital information systems and international gateways shall incorporate solutions that supervise, detect and notify online information conflicts.

3. Administrators of national vital information systems and international gateways shall be responsible for cooperating with specialized agencies in constructing, deploying and maintaining the system for supervision, detection and warning of online information conflicts and providing training thereof.

4. Specialized agencies shall collect, analyze and process supervisory information then give warnings to relevant organizations and individuals.

Article 9. Recognition and settlement of online information conflicts

1. Information system administrators shall be responsible for recognizing and settling online information conflicts and cooperating with specialized agencies in responding to incidents and precluding online information conflicts.

2. Specialized agencies shall be responsible for recognizing, analyzing and resolving online information conflicts among domestic and foreign entities and individuals as stated in Section 2, 3 and 4, Article 19 of this Decree.

3. Specialized agencies shall be in charge of settling online information conflicts to prevent increase in conflict intensity and to avert all forms of warfare.

4. Ministry of National defense shall lead and cooperate with Ministry of Public security and Ministry of Information and Communications in unifying the point of contact for recognition and settlement of online information conflicts in order to facilitate the people’s and enterprises’ notification of online information conflicts.

Part 2. TRACING OF ONLINE INFORMATION CONFLICTS

Article 10. Content of online information conflict tracing

The tracing of online information conflicts is the ascertainment of packets, data, source and destination addresses, gateways and artifices that inflict online information conflicts, perpetrators, purposes and degree of such conflicts.

Article 11. Conclusion of online information conflict tracing

1. The output of online information conflict tracing includes written materials, evidences and proofs that specialized agencies have collected in an objective, precise and scientific manner.

2. The output of online information conflict tracing shall be legally used for countering and preventing online information conflicts.

Article 12. Role and responsibility for tracing online information conflicts

1. The tracing of online information conflicts is to detect, gather, analyze and use information as evidence.

2. Specialized agencies shall trace online information conflicts and expose artifices and losses thereof to seek proper remedial measures.

3. The administrator of an information system involved in online information conflicts shall be responsible for cooperating with specialized agencies in tracing the precise source(s) of such conflicts.

4. Entities and individuals shall intra vires be responsible for furnishing specialized agencies with tracing information and evidences in full and in time.

5. Entities and individuals involved in or related to an online information conflict shall be held liable for providing accurate information and be subjected to criminal or administrative proceedings accordingly if intentionally giving specious information to incite warfare or national hatred.

Part 3. FILTERING, RECTIFICATION AND ERADICATION OF ONLINE INFORMATION CONFLICTS

Article 13. Filtering of online information

Telecommunications and Internet service providers shall filter data upon one of the following events:

a) The source(s) of online information adverse to national defense and security and to state sovereignty in cyberspace is (are) clarified;

b) The relevant request of the entities entangled in online information conflicts is validated;

c) A relevant request is made by specialized agencies.

Article 14. Rectification of online information conflicts

1. Information system administrators shall be responsible for organizing the rectification of conflicts in online information under their management and be subjected to specialized agencies’ coordination thereof.

2. Information system administrators shall be responsible for formulating the plans for rectifying conflicts in online information under their management and for summarizing and reporting the progress and result thereof to specialized agencies.

3. Specialized agencies shall be responsible for cooperating with information system administrators in rectifying online information conflicts concerning national defense, national security and governmental bodies according to Section 2, 3 and 4, Article 19 of this Decree.

Article 15. Eradication of online information conflicts

1. Specialized agencies shall be responsible for eradicating online information conflicts.

2. Telecommunications and Internet service providers shall be responsible for cooperating with specialized agencies in eradicating online information conflicts.

3. Online information conflicts shall be eradicated upon:

a) The clarification of the source(s) of online information conflicts;

b) The sufficiency of personnel, technologies, technical solutions and diplomacy for eradicating online information conflicts;

c) The delivery of notification(s) to the entities and individuals in connection with the source(s) of online information conflicts directly or indirectly by phone, email or mass media.

Part 4. PROPAGANDA, EDUCATION AND INTERNATIONAL COOPERATION IN PREVENTING ONLINE INFORMATION CONFLICTS

Article 16. Propaganda and education for preventing online information conflicts

1. Content of propaganda and education

a) Legal regulations on the prevention of online information conflicts;

b) Position, role and importance of the prevention of online information conflicts;

c) Methods, artifices and menaces that provoke online information conflicts;

d) Knowledge and skills to prevent online information conflicts actively;

dd) Measures and experience in preventing online information conflicts;

e) Responsibilities of the authorities, organizations, enterprises and individuals for preventing online information conflicts;

g) Other matters regarding the prevention of online information conflicts.

2. Manner of propaganda and education

a) Direct discussions and conversations;

b) Mass media;

c) Operations of educational institutions and information safety societies;

d) Competitions and public activities for legal education;

dd) Other manners in conformity to the laws.

3. Propaganda and education shall be strengthened for administrators of national vital information systems; providers of network infrastructure, telecommunications and Internet services; societies and clubs on information technology and telecommunications engineering; and in regions where online information conflicts frequently occur.

4. Ministry of National Defense, Ministry of Public Security, Ministry of Information and Communications shall be responsible for cooperating with the Ministry of Education and Training, relevant ministries and bodies in propagandizing and educating on the prevention of online information conflicts intra vires according to Section 2, 3 and 4, Article 19 of this Decree with the aim of heightening awareness, responsibility and efficiency in preventing online information conflicts.

Article 17. International cooperation in preventing online information conflicts

1. Cooperate internationally in aggregating, studying and exchanging information and experience in preventing online information conflicts; coordinate in educating and training in the prevention of online information conflicts; hold international seminars and symposia pertinent to the prevention of online information conflicts; provide supportive facilities, technologies and techniques to strengthen specialized agencies.

2. Cooperate internationally in eliminating risks of online information conflicts that occur in a nation but aim at another; coordinate investigations upon international request for prevention of online information conflicts in conformity to the laws of Vietnam and international agreements to which the Socialist Republic of Vietnam is a signatory.

3. Provide counsels on activities of preventing online information conflicts and cooperate with other countries in handling matters thereof.

Article 18. Refusal of international cooperation in preventing online information conflicts

Specialized agencies and relevant organizations of Vietnam are entitled to refuse demands for cooperation adverse to sovereignty, national defense, national security, governmental interests or legal regulations of Vietnam and to international agreements to which the Socialist Republic of Vietnam is a signatory.

Chapter III

RESPONSIBILITIES OF THE AUTHORITIES, ORGANIZATIONS, INDIVIDUALS AND PROVIDERS OF TELECOMMUNICATIONS AND INTERNET SERVICES FOR PREVENTING ONLINE INFORMATION CONFLICTS

Article 19. State management of the prevention of online information conflicts

1. The government unifies the state management of the prevention of online information conflicts.

2. Ministry of National defense shall be liable to the government for leading and cooperating with relevant bodies in preventing online information conflicts for the purpose of:

a) Precluding and countering information warfare and cyber warfare;

b) Preventing foreign military forces from exploiting informational technologies and techniques to sabotage data and information systems; or restraining domestic and foreign organizations from exploiting informational technologies and techniques to impair data and information systems for military activities or national defense, 3^rd-class or higher information systems whose impairment mars national defense.

3. Ministry of Public security shall be liable to the government for leading and cooperating with relevant bodies intra vires in preventing online information conflicts between two or more domestic and foreign organizations that exploit informational technologies and techniques to sabotage national security, social order and safety.

4. Ministry of Information and Communications shall be liable to the government for leading and cooperating with relevant bodies intra vires in preventing online information conflicts between two or more domestic and foreign organizations that exploit informational technologies and techniques to sabotage legitimate production activities, rights and interests of organizations and individuals and public interests.

Article 20. Ministry of National defense

1. Lead the prevention of online information conflicts with the aim of defending state sovereignty in cyberspace intra vires.

2. Organize and develop specialized forces that are highly combative, deploy national defense resources to prevent online information conflicts according to Section 2, Article 19 of this Decree and to defend state sovereignty in cyberspace.

3. Formulate, amend and promulgate intra vires the legislative documents on prevention of online information conflicts and protection of state sovereignty in cyberspace or present them to competent authorities for issuance.

4. Lead and cooperate with relevant bodies in training personnel in preventing online information conflicts.

5. Direct inferior forces to cooperate with specialized agencies of the Ministry of Public security and Ministry of Information and Communications to provide training and drills in preventing online information conflicts and defending state sovereignty in cyberspace.

6. Augment investments and specialized equipment for the prevention of online information conflicts.

7. Exchanging information regularly with the Ministry of Public security, Ministry of Information and Communications and Ministry of Foreign affairs on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

8. Cooperate internationally in preventing online information conflicts.

Article 21. Ministry of Public security

1. Lead the prevention of online information conflicts with the aim of defending national security, social order and security and fighting crimes.

2. Lead and cooperate with the Ministry of National Defense, Ministry of Information and Communications and relevant entities in devising and implementing measures to detect, prevent, combat and eradicate activities in cyberspace which menace national security, social order and safety and crime fighting; handle violations of state sovereignty in cyberspace intra vires.

3. Direct inferior forces to cooperate with specialized agencies of the Ministry of National defense and Ministry of Information and Communications in providing training and drills in preventing online information conflicts, defending national security, social order and safety and fighting crimes; cooperate internationally in preventing online information conflicts.

4. Exchange and furnish information regularly to the Ministry of National defense and Ministry of Information and Communications on circumstances and risks of information security breach and on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

Article 22. Ministry of Information and Communications

1. Lead and cooperate with ministries, bodies, local authorities, enterprises and organizations in adopting information security measures; inspect and evaluate information safety breach; give warning, respond to and rectify network problems.

2. Provide guidelines to ministries, bodies and local authorities and counsels to the government on the list of national vital information systems.

3. Exchange and furnish information regularly to the Ministry of National defense and Ministry of Public security on circumstances and risks of information security breach in relation to the prevention of online information conflicts and protection of state sovereignty in cyberspace; cooperate internationally in preventing online information conflicts intra vires.

4. Instruct agencies and enterprises in information technology, telecommunications and information security to cooperate closely with specialized agencies of the Ministry of National defense and Ministry of Public security in protecting national vital information systems, investigating cybercriminals and defending state sovereignty in cyberspace.

Article 23. Ministry of Foreign affairs

Lead and cooperate with the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications in deploying solutions to secure information systems of overseas representative offices of the Socialist Republic of Vietnam; cooperate in conducting diplomatic activities of preventing online information conflicts and defending state sovereignty in cyberspace.

Article 24. Ministry of Science and Technology

1. Advise the government on science and technology missions regarding the prevention of online information conflicts and protection of state sovereignty in cyberspace.

2. Direct inferior agencies and units to cooperate with specialized agencies of the Ministry of National defense, Ministry of Public security and Ministry of Information and Technology in carrying out science and technology missions and constructing scientific and technological capacities in protecting national vital information systems and defending state sovereignty in cyberspace.

Article 25. Ministry of Finance

Maintain finances for the prevention of online information conflicts as per the legislation on state budget.

Article 26. Other ministries, agencies and provincial People’s Committees

1. Assign online information prevention missions to agencies that provide counsels on state management of information technology and online information security. Such missions include the supervision, detection, warning, tracing and rectification of online information conflicts.

2. Lead and cooperate with specialized agencies in implementing solutions to protect information systems under their management; mobilize forces and resources readily for the prevention of online information conflicts and protection of state sovereignty in cyberspace as per the laws.

3. Cooperate with specialized agencies in implementing and expediting policies, strategies and plans for preventing online information conflicts; settle incidents regarding online information conflicts.

Article 27. Organizations and individuals

1. Administrators of information systems shall carry out measures to protect the systems and prevent online information conflicts intra vires; cooperate closely with specialized agencies in deploying solutions that prevent online information conflicts.

2. Organizations and individuals shall be responsible for precluding online information conflict provoking activities that derive from their information systems, cooperate in tracing online information conflicts and rectify consequences thereof.

Article 28. Providers of telecommunications and Internet services

1. Provide adequate information and cooperate in verifying and blocking information sources that cause online turbulence upon request of specialized agencies.

2. Implement online information security solutions; monitor and expose sources of contradictory online information and inform specialized agencies thereof in timely manner.

3. Cooperate with the Ministry of National defense, Ministry of Public security, Ministry of Information and Communications in implementing technological and informational solutions and measures to prevent online information conflicts.

Chapter IV

IMPLEMENTATION

Article 29. Effect

This Decree comes into force as of December 01, 2016.

Article 30. Implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of provincial People’s Committees, Vietnamese organizations and individuals; foreign entities, foreigners and international organizations in Vietnam; providers of telecommunications and Internet services are responsible for implementing this Decree.