Thông tư liên tịch 8-TTLT

INTER-MINISTERIAL CIRCULAR

GUIDING THE GRANTING OF PERMITS FOR HOOKING UP, PROVIDING AND USING THE INTERNET IN VIETNAM

Pursuant to Decree No. 21-CP of March 5, 1997 of the Government issuing the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam"
The General Department of Post, the Ministry of the Interior and the Ministry of Culture and Information jointly give the following guidances on the INTERNET hook-up, provision and use of INTERNET services in Vietnam:

I. GENERAL PROVISIONS

1. In this Circular the subjects engaged in the INTERNET activities are construed as follows:

1.1. The INTERNET access provider (IAP) is an agency, organization or enterprise permitted to hook up to the INTERNET access all INTERNET service providers.

1.2. The INTERNET service provider (ISP) is an agency, organization or enterprise permitted to establish a computerized information network involving a number of IP addresses and to provide electronic mail, data transmission, remote access services and database access through various modes for the INTERNET using units and individuals.

1.3. The unit that provides INTERNET services for internal use is an agency, organization or enterprise permitted to establish a computerized information network with a view to providing INTERNET services for its own members for non-commercial purposes.

1.4. The INTERNET service user is an individual who uses a computer(computers) or an organization that uses a computer(computers) or computer system hooked up with the INTERNET under package hiring contracts of principle signed with the INTERNET service providers, or contracts signed with the units which provide INTERNET services for internal use.

1.5. The INTERNET content provider (ICP) is an agency, organization or enterprise that has information and data supplied onto the INTERNET through the INTERNET service provider(s).

2. All INTERNET connecting, providing and using activities in Vietnam shall comply with the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government as well as the guidances of this Circular.

II. PERMIT-ISSUING PROCEDURES

1. The dossier of application for permit.

1.1. For the INTERNET access providers:

The agencies, organizations and enterprises that meet all the conditions stated in Article 5 of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and that wish, after filling all the procedures stated in Article 7 of the aforesaid Regulation, to provide INTERNET access service shall have to submit dossiers of application to the permit-issuing agency(ies).

The dossier of application includes:

1. An application to the permit-issuing agency for organizing the domestic information axis network and international gateways to provide the access service (according to the prescribed form);

2. A notarized copy of the decision on the establishment of the agency, organization or enterprise;

3. The description of the structure of the information axis network, including the data on: the capacities of the transmission lines, the number and locations of international gateways, the number and the service provision functions of the hooked-up master computers; the supervising and controlling measures and equipment for ensuring information security commensurate with the scope of operation to be permitted (according to the prescribed form);

4. The detailed scheme or plan on the provision of the access and other services;

5. The curricula vitae of the members of the network-managing board certified by the concerned managing agency.

6. The service charges index that conforms to the service charges bracket set by the General Department of Post;

7. The form of the contract(s) to be signed with the INTERNET service provider(s).

1.2. For the INTERNET service providers

The agencies, organizations or enterprises that meet the conditions stated in Article 5 of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and that wish, after filling all the procedures stated in Article 7 of the aforesaid Regulation, to provide INTERNET services shall have to submit dossiers of application to the permit-issuing agency(ies).

The dossier of application includes:

1. An application to the permit-issuing agency for organizing the computerized information network hooked up with the INTERNET and providing INTERNET services (according to the prescribed form);

2. A notarized copy of the decision on the establish-ment of the agency, organization or enterprise;

3. The description of the structure of the network, including the data on: the number and the service provision functions of the hooked-up master computers; the supervising and controlling equipment and measures for ensuring information security commensurate with the scope of operation applied for permission; the estimated number of users (according to the prescribed form);

4. The detailed scheme or plan on the service provision: types, quality, scope of provision, target users of the services;

5. The curricula vitae of the members of the network-managing board, certified by the concerned managing agency.

6. The service charges index that conforms to the frame of the service charges bracket set by the General Department of Post;

7. The form of the contracts to be signed with the INTERNET service providing unit(s) for internal use;

8. The form of the contracts to be signed with the INTERNET service users.

1.3. For the units which provide INTERNET services for internal use

The agencies, organizations or enterprises that meet the conditions stated in Article 5 of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and that wish to provide INTERNET services for internal use shall have to submit dossiers of application to the permit-issuing agency(ies).

1.3.1. For the Vietnamese units that wish to provide INTERNET services for internal use, the dossier of application includes:

1. An application to the permit-issuing agency for organizing the computerized information network hooked up with the INTERNET and providing INTERNET services (according to the prescribed form);

2. A notarized copy of the decision on the establishment of the agency, organization or enterprise;

3. The description of the structure of the network, including the data on: the number and the service provision functions of the hooked-up master computers; the supervising and controlling equipment and devices as well as measures for ensuring information security commensurate with the scope of operation applied for permission; the estimated number of target users (according to the prescribed form);

4. The detailed scheme or plan on the service provision: types, quality, scope of provision, target users of the services;

5. The curricula vitae of the members of the network-managing board, certified by the concerned managing agency(ies).

6. The form of the contract in principle to be signed with the internal users;

1.3.2. For the units providing INTERNET services for internal use which are international organizations, diplomatic missions, foreign organizations and foreign enterprises in Vietnam, the dossier of application includes:

1. An application to the permit-issuing agency for organizing the computerized information network hooked up with the INTERNET and providing INTERNET services (according to the prescribed form);

2. A notarized copy of the document certifying the legal person status of the agency, organization or enterprise;

3. The description of the structure of the network, including the data on: the number and the service provision functions of the hooked-up master computers; the equipment for ensuring information security; the estimated number of target users (according to the prescribed form);

4. The detailed scheme or plan on the service provision: types, quality, scope of provision, the number of target users of the services;

5. The form of the contracts in principle to be signed with the internal users.

1.4. For the INTERNET users

If the individuals who use computers or the organizations which use computers and/or computer systems wish to use the INTERNET, they shall have to sign package hiring contracts with the INTERNET service provider(s) or contracts in principle with the units providing INTERNET service for internal use.

1.5. For the information suppliers

The agencies, organizations and enterprises that meet all the conditions stated in Article 5 of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and that wish to put information of different forms (sounds, pictures, graphic films, games, press, documents...) and informative contents onto the INTERNET shall have to submit dossiers of application to the permit-issuing agency(ies).

The dossier of application includes:

1. An application to the permit-issuing agency for permission to supply information onto the INTERNET, certified by the managing agency (according to the prescribed form);

For the diplomatic missions and international organizations, the certification by the Ministry of Foreign Affairs of the Socialist Republic of Vietnam shall be required;

2. A notarized copy of the decision on the establish-ment of the agency, organization or enterprise;

For the foreign economic organizations or enterprises, there must be operating permits or investment licenses.

3. The detailed scheme or plan on the supply of the contents of information: types of information to be supplied, the quality of information; the scope of supply;

4. The curricula vitae of the staffs in charge of the supply of information, certified by the managing agency;

5. The index of charges levied on different types of information to be supplied.

2. The permit-issuing procedure

2.1. Granting new permits

2.1.1. Receipt of the dossiers

The applicant shall have to submit three sets of the dossier to the permit-issuing agency.

The INTERNET access providers (IAP) and the INTERNET service providers (ISP) shall submit their dossiers of application to the General Department of Post.

The INTERNET service providing units for internal use shall submit their dossiers of application to the regional Departments of Post according to the geographic areas under their charge.

The INTERNET information content providers (ICP) shall submit their dossiers of application to the Ministry of Culture and Information.

The dossiers shall be received only when they contain all the documents defined in the paragraph on the dossiers of application.

2.1.2. Dossiers processing

After receiving the dossiers, the permit-issuing agencies shall consider them according to their functions, and at the same time send 01 (one) set to the Ministry of the Interior for examining and approving the supervising and controlling equipment and devices as well as the measures for ensuring information security.

Within 15 days after receiving the dossiers, the Ministry of the Interior shall have to reply in writing to the permit-issuing agencies whether it approves or not. Past this time limit, if the Ministry of the Interior makes no reply, the dossier shall be deemed to be automatically approved.

2.1.3. Replying

Within 30 days after receiving the dossiers, the permit-issuing agency(ies) shall have to consider the granting of permits to the applicants for participation in INTERNET activities. In case of disapproval, the permit-issuing agencies shall have to reply and clearly state the reasons.

The network shall be put into operation only after there is a written certification of the Ministry of the Interior on the supervision and control of the equipment and the measures for ensuring information security commensurate with the scope of operation for which the subject has applied for permission.

2.2. Changing or supplementing the permits

If the subjects engaged in INTERNET activities wish to change their operation purposes or contents, they shall have to make a dossier applying for such change or supplement. The dossier shall be similar to the dossier applying for a new permit and go through the same procedure.

When issuing a new permit, the permit-issuing agency shall withdraw the old permit.

2.3. Effect of the permits

The effective term of a permit shall be determined according to the subjects and types of the INTERNET activity but it shall not exceed five years. If, after that duration, the subjects engaged in INTERNET activities wish to continue their operations, they shall have to fill the procedure to apply for the extension of their permits.

2.4. Extension of permits

If a subject engaged in INTERNET activities wishes to apply for an extension of the permit, at least three months before the expiry of such permit, it shall have to make an application for the extension and send it to the permit-issuing agency as stipulated in the paragraph on "Issuing new permits."

Within 30 days after receiving the dossier, the permit-issuing agency shall have to reply to the applicant. If it does not approve the extension of the permit, it shall have to state clearly the reason(s).

III. RELATIONS BETWEEN THE SUBJECTS OF INTERNET ACTIVITIES

The INTERNET access providers, the INTERNET service providers and the units which provide INTERNET services for internal use shall be allowed to sign contracts only after they are issued operating permits by the permit-issuing agency(ies).

The contracts shall have to concretely define the responsibilities of each involved party, ensure equality, rationality and compliance with the laws of the State, the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government, the Statute of the Post and Telecommunication and the Regulation on the exploitation of the INTERNET services.

IV. RESPONSIBILITIES OF THE SUBJECTS OF INTERNET ACTIVITIES

1. Responsibilities of the INTERNET access providers:

1. Organize the information axis network to meet the demand of the INTERNET service providers for INTERNET access;

2. Execute all the terms written in the contracts signed with the INTERNET service providers;

3. Have all the supervising and controlling equipment and devices as well as the measures for ensuring information security commensurate with the scope of operation applied for permission and create favorable conditions for the functional agencies to take measures to ensure information security for the flows of information through the international gates;

4. Observe the technological solutions and technical standards set by the National INTERNET Coordinating Committee, the Ministry of Science, Technology and Environment and the General Department of Post.

5. Send to the permit-issuing agencies quarterly reports on the situation of the INTERNET access; changes in the contents of the application for permit. When necessary, the permit-issuing agency(ies) may require irregular reports.

2. Responsibilities of the INTERNET service providers

1. Use or allow the users to use the hook-up devices which meet the technical norms according to the INTERNET standards in Vietnam.

2. Ensure the quality of such services as: the potential utility of the network, of the access system through telephone lines or exclusively-hired channels, etc.

3. Execute all the terms written in the contracts signed with the INTERNET access providers; with the units providing INTERNET services for internal use and with the INTERNET service users.

4. Guide and train the INTERNET service users in strictly observing the process of exploiting and maintaining the hook-up devices, computers;

5. Have adequate supervising and controlling equipment and devices as well as measures of ensuring information security commensurate with the scope of operation applied for permission and create favorable conditions for the functional agencies to apply the solutions to ensure the security of the information on their network. Guide and inspect the users in protecting the information in accordance with the Ordinance on Protection of State Secrets and submit to the inspection and control of the concerned State management agencies regarding the technical norms, the quality of the services and assurance of information safety and national security.

6. Send to the permit-issuing agency(ies) quarterly reports on the situation of the INTERNET service provision, changes in the contents of the dossiers of application and the list of the INTERNET users. When necessary, the permit-issuing agency may ask for irregular reports.

3. Responsibilities of the INTERNET service providers for internal use

1. Use or allow the users to use the hook-up devices which meet the technical norms according to the INTERNET standards in Vietnam.

2. Ensure the quality of such services as: the potential utility of the network, of the access system through telephone lines or exclusively hired channels, etc.

3. Execute all the terms written in the contracts signed with the INTERNET access providers and the INTERNET service users.

4. Guide and train the INTERNET service users in strictly observing the process of exploiting and maintaining the connecting devices, computers;

5. Have adequate supervising and controlling equipment and devices as well as measures for ensuring the information security commensurate with the scope of operation applied for permission and create favorable conditions for the functional agencies to apply the solutions to ensure the security of the information on their network. Guide and inspect the users in protecting the information in accordance with the Ordinance on Protection of State Secrets and submit to the inspection and control of the concerned State management agencies regarding the technical norms, the quality of services and assurance of information safety and national security;

6. Send to the permit-issuing agency(ies) quarterly reports on the situation of the INTERNET service provision, changes in the contents written in the dossiers of application, the list of the INTERNET users. When necessary, the permit-issuing agency may ask for irregular reports.

The units providing INTERNET services for internal use which are international organizations, diplomatic missions and foreign organizations shall have to implement Points 1, 2, 3, 4 and 6 of this Item.

4. Responsibilities of the INTERNET service users

1. Strictly observe the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and the concrete terms in the contracts signed with the INTERNET service providers or the INTERNET service providing units for internal use;

2. Create favorable conditions for the specialized agencies to apply the measures of ensuring information security and observe the Ordinance on the Protection of State Secrets;

3. Submit to the inspection of the INTERNET service providers or the units providing INTERNET services for internal use; of the specialized State management agencies regarding the matters relating to the use of INTERNET services.

Any hook-up of computers or the system of computers through telephone lines with the INTERNET via the addresses of the INTERNET service providers or the units providing INTERNET services for internal use without their permission; the use of telephone lines, exclusively-hired channels and other connecting devices so as to have access to the INTERNET through the main servers outside the country are violations of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government.

5. Responsibilities of the information suppliers

1. Submit to the supervision and control of the concerned State management agencies regarding the technical norms, the quality of services and assurance of information safety and national security.

2. Ensure all the requirements stated in Article 3 of the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government and observe the legislation on copyright;

3. Observe the regulations issued by the Ministry of Culture and Information on the supply of information;

4. Send to the permit-issuing agency quarterly reports on the situation of the use of the INTERNET services, the supply of information; changes in the contents of the dossiers of application. When necessary, the permit-issuing agency may ask for irregular reports.

V. HANDLING OF VIOLATIONS

The subjects engaged in INTERNET activities that violate the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government may have their operation suspended, their permits withdrawn, be subject to administrative sanctions or examined for penal liability in accordance with current provisions of law.

VI. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect after 15 days from the date of its signing. All the provisions which are contrary to this Circular are now annulled.

2. This Circular shall apply to all the subjects engaged in the INTERNET hook-up, INTERNET service provision and use throughout the territory of Vietnam.

3. Within 30 days after this Circular takes effect, all computers and systems of computers hooked up with the INTERNET in any form shall have to cease operation if they have not got permits under the "Provisional Regulation on the Management, Establishment and Use of the INTERNET in Vietnam" issued together with Decree No. 21-CP of March 5, 1997 of the Government.

4. All problems that arise during the process of management and are not clearly defined in this Circular should be referred by the Ministries, branches and localities to the National INTERNET Coordinating Committee for decision.