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Circular 9/2014/tt-Btttt: Detailed Rules Of Operation Management, Supply, Use Of Information On Electronic Information Page And Social Networking

Original Language Title: Thông tư 09/2014/TT-BTTTT: Quy định chi tiết về hoạt động quản lý, cung cấp, sử dụng thông tin trên trang thông tin điện tử và mạng xã hội

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MEDIA AND MEDIA
Numbers: 09 /2014/TT-BTTTT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 19, 2014

IT ' S SMART

Detailed regulation of management activities, supply, use of information on electronic information pages and social networking sites.

________________________________

Base of Protocol 132 /2013/NĐ-CP October 16, 2013 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications;

Base of Protocol 72 /2013/NĐ-CP July 15, 2013 of the Government on Management, delivers, using Internet services and information on the network;

On the recommendation of the Bureau of Radio, television and electronic information,

The Minister of Information and Communications issued the details of the details of the details of the management operation, providing, using information on the site. Electronic information and social media.

What? 1. The tuning range and subject apply

1. This information regulates the details of management activities, providing, using information on electronic information pages and social networks.

2. This information applies to organizations, domestic individuals, organizations, foreign individuals directly involved or involved in management, providing, using information on electronic information pages and social networks.

What? 2. General Regulation

1. Electronic information pages are not licensed:

a) Internal electronic information page specified at paragraph 3 Article 20 of the Digital Protocol 72 /2013/NĐ-CP July 15, 2013 of the Government on Management, delivers, using Internet services and information on the network (the following writing is the Digital Protocol). 72 /2013/NĐ-CP).

b) The personal electronic information page stipulated at paragraph 4 Article 20 of the Digital Protocol 72 /2013/NĐ-CP.

Individuals have the right to share information that does not violate regulations at Article 5 digital decree. 72 /2013/NĐ-CP on the personal electronic information page and is accountable to the law on the content of the information that is posted, shared; not representing other organizations or individuals and does not provide synthetic information.

c) The electronic information page of the state agency provides information that is specified at Article 10 of the Digital Protocol. 43 /2011/NĐ-CP June 13, 2011 The Government provides for the provision of online public information and services on the electronic information site or electronic information portal of the state agency.

d) The electronic information website applied to the regulation at paragraph 5 Article 20 of the Digital Protocol 72 /2013/NĐ-CP not licensed by regulations at this level but must comply with the provisions of the specialized law and relevant regulations.

The internal forum for trading activity, asks for internal information directly related to functions, duties, powers, organization of machinery, services, products, professions for the activities of the agency, organization, and business.

2. Electronic information pages must license:

a) The combined electronic information page stipulated at paragraph 2 Article 20 of the Digital Protocol 72 /2013/NĐ-CP.

Internal electronic information pages, specialized application electronic information pages, social networks, when providing aggregation information must be recommended as for the aggregable electronic information site.

Electronic intelligence aggregation page of the press agency: The licensing as for the synthetic electronic information page.

b) Social media.

Internal electronic information pages, specialized application electronic information pages, aggregable electronic information pages if social networking settings must offer licensing as to social networks.

The organization, the corporate social network, is responsible for the laws of the information that they provide.

3. The website of the electronic information page must provide a full full of information: The name of the electronic information page management organization; the name of the governing body (if any); the contact address, email address, telephone number, the name of the person who is responsible for the content management.

In addition to the above content, the synthetic electronic information page, the combined electronic information page of the press agencies, the social network must record the number of permits that are in effect, day, month, year-level, licensing authority.

4. The synthetic electronic information page when quoting information must follow the regulation of the specified source at paragraph 18 Article 3, paragraph 2 Article 20 of the Digital Protocol. 72 /2013/NĐ-CP; failed to post the comment comment, the comment of the readers 'readers' comments, the article quoted (except for the press agency ' s general email information page).

5. After 90 (ninety) days, since the date of the valid permit, if the organization, the licensed business does not establish the aggregable electronic information page, the social network, the license is no longer valid.

6. The synthetic electronic information page, social network has been licensed when there is a change in the owner of the synthetic electronic information page, the social network is required to take procedures such as the new level under regulation at this Smart for 30 days from the date. Transfer. Licensing records, in addition to the specified documents at Article 6 This message must be accompanied by the license origination.

7. Personal information includes:

They and their names.

Day, month, year of birth;

Number of people or number of passports, dates, grades,

Phone number, email address.

In the case of internet users under the age of 14 and without a passport, the legal guardian decides to register his personal information in order to show permission and be held accountable to the law of that registration.

What? 3 . The terms of the personnel stipulate at the point b 5 Article 23 of the numerical decree 72 /2013/NĐ-CP The licensing of the synthetic electronic information page, social network.

1. The condition of personnel responsible for managing information content.

a) The head of the organization, the business is the person responsible for the legislation on the management of the content provided on the aggregable electronic information page and social network;

b) The person responsible for the management of the content must be graduated from university or equivalent, with the nationality of Vietnam. For foreigners, there is a temporary residence of at least six months in Vietnam.

c) The person responsible for managing content is responsible for providing regular contact phone numbers, email addresses to the central and local state regulatory authority to coordinate the processing as soon as necessary.

d) The head of the organization, the business can deliver the task for the deputy responsible for the management of information content;

Organization, enterprise-based electronic information site, social networking, and social networking.

2. The condition of the engineering department.

The minimum technical management department has 1 people who meet the regulation at point g, point h 2 Article 2 S 03 /2014/TT-BTTTT March 11, 2014 of the Ministry of Information and Communications enacted the skill of using information technology.

What? 4 . Financial conditions, regulatory techniques at the point of d 5 Article 23 No. 72 /2013/NĐ-CP issue of a synthetic electronic information page setting, social network

1. Organization, the business offering to grant a synthetic electronic information page, the social network must have the financial method of ensuring the establishment of the regulatory equipment system at 2 This Article to maintain the operation during the time of the license to take effect.

2. Technical conditions

The setup of the technical equipment system is capable of meeting the following requirements:

a) For the aggregable electronic information page: A minimum of 90 (ninety) date for aggregable information content since the time of the posting; minimum storage 2 (two) years for the information processing log is posted;

b) For the social network: A minimum of 2 (two) years for information about the account, time of login, registration, IP address of the user and log of information processing is posted;

c) Continue and process the warning information from the user;

d) To detect, warn and prevent illegal access, forms of attack on a network environment and follow the standards of ensuring information safety;

There is a backup project that maintains safe, continuous and remedied operations, except for the illegal cases of law.

e) Make sure there must be at least 01 (one) the server system located in Vietnam, which allows at any time to meet the inspection, inspection, storage, provision of information across the entire site of the information information site, social media due to the organization, business, etc. The property is defined at point a, b, c, d, and this 2.

3. In addition to ensuring the regulatory conditions stipulate at paragraph 2 This, the social network setup engineering system must be able to meet the following requirements:

a) Make the registration, store the individual information of the specified member at paragraph 7 Article 2 of this.

b) Perform the authentication of the service user via a message sent to the number of phone calls or to the email box when registering using a service or changing personal information.

c) Stop or remove the information that violates the regulations at Article 5 Digital Protocol 72 /2013/NĐ-CP when a request from the state governing body has jurisdiction;

d) Set up a member alert mechanism when posting information with a violation content (filter) ()

Ready to connect, authenticate personal information with an electronic database of people's proof or the national personal code system at the request of the competent authorities.

What? 5 . The condition of information management and domain names at point c, clause 5 Article 23 The number of Protocol 72 /2013/NĐ-CP issue of a synthetic electronic information page setting, social network

1. The condition of information management for the synthetic electronic information page.

a) There is a process of managing the public information: Identilocate the scope of the source of the extraction information, the management mechanism, the information check before and after post-posting;

b) There is a resource control mechanism, which ensures that the total registration information must be exactly according to the source information;

c) There is a coordinated mechanism to be able to remove directly in breach of clause 1 Article 5. 72 /2013/NĐ-CP the slog after 3 (three) hours from the self-discovery or request of a competent state agency (written, telephone, email);

2. Conditions for information management on social media:

a) There is agreement to provide and use the appropriate social network service under the regulations at the Digital Protocol. 72 /2013/NĐ-CP and was posted on the social network ' s homepage;

b) Assure the user must agree to a social network service using an online method, which can be used for services, utilities of social networks;

c) There is a coordinated mechanism to be able to remove directly in breach of clause 1 Article 5. 72 /2013/NĐ-CP the slog after 3 (three) hours from the self-discovery or request of a competent state agency (written, telephone, email);

d) There is a secret defense of information, personal information of the user;

Guarantee the right of the user's decision to allow for your collection of personal information or to provide for the organization, business, and other individuals.

3. Domain Name:

a) For the organization, the business is not a press agency, the sequence that makes up the domain name is not the same or the name of the press agency.

b) The aggregable electronic information page and social network of the same organization, the business is not used in the same domain.

c) The domain name must have a shelf life of at least 06 (six) months at the time of the licensing offer and must comply with the provisions of the Ministry of Information and Communications regulations on management and use of Internet resources.

What? 6. File recommended licensing of synthetic electronic information page, social network and social media.

1. The profile recommended the licensing of the synthetic electronic information page

The file offers a license issued to 1 sets, including:

a) The application grants a license to establish a synthetic electronic information page according to the Ministry of Information and Communications (sample 01).

b) A true copy of one of the types of papers: Business registration certification (for established business under the Enterprise Law); Investment Certificate (for established business under Investment Law); established decision (for the organization). Non-business); Press operating permits (for press agencies); Operations charter (for association organizations, unions).

Corporate registration certificates, investment certificates, established decisions must have industry, profession, business sector or task function in accordance with the information content provided on the aggregational electronic information page.

c) A copy of a university diploma or equivalent to the background and the rationing of the person responsible for managing the confirmed content of the state agency, with the image and receipt of the receipt.

d) The active duty project, the sign of the head of the organization, the business recommended issuing licenses. The project includes the main content:

In terms of information content: The purpose provides information; information content, expected categories; official sources, homepage prints, and key pages;

Organizational, personnel, engineering, information management, finance to secure the operation of the aggregable electronic information page in accordance with the regulations at paragraph 5 Article 23 Digital Protocol 72 /2013/NĐ-CP and meet the regulatory conditions at Articles 3, 4, 5 This Private.

The location of the server system in Vietnam.

The approval text of the organizations provides the source of the source to ensure the legitimacy of the source.

2. The filing offers a license to establish a social network.

The file offers a license issued to 1 sets, including:

a) The application grants a license to establish a social network according to the Ministry of Information and Communications (model 02).

b) A true copy of one of the types of papers: Business registration certification (for established business under the Enterprise Law); Investment Certificate (for established business under Investment Law); established decision (for the organization). Not business.

Corporate registration certificates, Investment certificates, established decisions must have industry, profession, business sector or function, the task in line with the type of social network services intended to provide.

c) A college diploma or equivalent return (a copy of a certificate) and the background profile of the person responsible for managing the confirmed content of the state authority, with photos and receipt of the receipt.

d) The active duty project, the sign of the head of the organization, the business recommended issuing licenses. The project includes the main content:

Social networking organization, service types, scope, area of exchange information;

Organizational, personnel, engineering, information management, finance, to ensure the functioning of the social network in accordance with the provisions at paragraph 5 Article 23 of the Digital Protocol 72 /2013/NĐ-CP and meet the regulatory conditions at Articles 3, 4, 5 of this Smart;

The location of the server system in Vietnam.

The supply agreement and use of a social network service must have a minimum of following content:

The content bans exchange, shared on social media;

Rights, the responsibility of the users of social media services;

Rights, the responsibility of the organization, the business that established the social network;

The processing mechanism for members of the breach of the agreement provides and uses social network services;

Warn the user of the risks of storing, exchanging, and sharing information on the network;

The mechanism of resolving the complaint, the dispute between social network members with the organization, the business setting up social networks or with the organization, other individuals;

Whether or not to collect, process the personal data of the person using the service in the agreement to provide and use social network services;

Personal information protection policy, the user's personal information.

What? 7. Authority, process, procedure, licensing of the assembly of synthetic electronic information, social media, and ...

1. Authoritable jurisdiction

a) the Ministry of Information and Communications grant the social network settings.

b) The Electronic Information, Television and Information Administration issued a license to set up the electronic information page aggregation of the following objects:

The press office.

Foreign affairs and consulrights; the organization is subordinated to the Central Committee (except for the cases of the Department of Information and Communications);

Religious organization works legally in Vietnam;

The government and non-governmental organization are legal in Vietnam;

Department of Information and Communications, Central City.

c) The Department of Information and Communications of the Provinces, the Central City of the Central Committee to set up the electronic information page for the aggregate of the following objects:

The organization, the business led by the local state governing body, decides to establish, licensing operations, or active registration level;

The organizational system (in the vertical sector) of the local Central institutions (including institutions in the state system, political institutions, political organization-social organization, social organization, state enterprises); and the organization.

Universities, universities, academia, colleges, educational institutions, vocational institutions have a local headquarters.

Businesses operated by the state governing body in the Central Authority operate with local headquarters;

The units are located in the local headquarters.

d) Information and Communications Department of the Provinces, the Central City of the Central to receive and test the validity of the record offer of licensing of the synthetic electronic information page of local press agencies and have text (with records) recommended the Bureau of Development. sound, television, and electronic information, license, licensing.

2. Process, licensing procedures for the creation of a synthetic electronic information page.

a) The filing of a permit issued a license to be sent directly or via the postal route to the prescribed authority under regulation at Article 23 of the number of Protocol. 72 /2013/NĐ-CP And this one.

b) In the 15 (fifteen) days of work since the date of receiving a valid profile, the authority has the authority to consider the licensing of the license to set up the synthetic electronic information page. The case refused, the authorities had the authority to have the text answered, stating the reasons.

c) In the period 05 (year) working day since receiving the valid records of local press agencies, the Department of Information and Communications of the Provinces, the city is responsible for the appraisal and transfer of documents accompanying the document granting licenses to the Bureau of Development. sound, television, and electronic information. The case case is not valid, the Department of Information and Media has an answer, stating the reason.

3. Process, licensing procedures for social networking settings.

a) The filing recommended that the license grant be sent directly or via the mail route to the Bureau of Radio, television and electronic information;

b) During the 30 (thirty) days of work since the date of receiving valid records, the Bureau of Radio, television, and electronic information, the Minister of Information and Communications issued a license. The case of rejection, the Bureau of Radio, television and electronic information has an answer text, stating the reason.

What? 8. Modified, supplemated, renew, reissued a synthetic electronic information page, social network, and social media.

1. The Agency with licensing authority under regulation at paragraph 7, 8, 9 Articles 23 Digital Protocol 72 /2013/NĐ-CP And Article 7 of this is the authority to decide whether the amendment, addition, reissue, extension, revoking the license.

2. Procedulable procedure, permit plugin

a) Organization, business with a license to establish aggregable electronic information pages, social networks must make amendments to the procedure, adding licenses in the following circumstances:

Change the name, address headquarters of the organization, business;

Change domain name;

Change server location in Vietnam;

A change in the scope of information, services;

Change of responsibility for the main responsibility;

Change, the addition of the information field provided to the aggregable electronic information site; the type of social networking service on social networks.

b) The organization, the business that sends the proposed text stating the content, the reason for the modification, the addition, and the proven documentation associated with the licensing authority.

c) In the 15 (fifteen) days of work since the date of receiving a valid profile, the authority has the authority to license the appraisal, the amendment level, the addition of the issued license. The case refused, the license issued a written answer, stating the reason.

3. Renewal of license

a) 30 (thirty) the day before the expiration of the license, the organization, the business wishing to renew the license that was granted, sent the letter to the extension, stating the extension deadline accompanied by a copy of the license issued to the licensing authority.

b) In the 15 (fifteen) days of work since the date of receiving a valid offer text, the agency has the authority to license the appraisal, granting a grant extension granted. The case refused, the license issued a written answer, stating the reason.

c) The license is extended not more than 02 (two) times; each time no more than 02 (two) years.

4. Level the license again

a) The case of a lost or damaged license is no longer usable, organized, the business has a license to submit a proposed license to grant a license to the licensing authority. The recommended text must specify the license number, the date of the level of the issued license and the reason for the request to grant the license again. The case of a damaged license must be accompanied by a damaged license.

b) During the 10 (ten) days of work, the word received the recommended text, the review licensing body, the licensing of the license. The case refused, the license issued a written answer, stating the reason.

What? 9. Report Mode

1. organizations, businesses establish synthetic electronic information site

a) Perform the periodic report regime once a year and report mutations at the request of the competent state governing body.

b) periodic reporting by the Ministry of Information and Communications (specimen 03).

2. Organization, Social Network Design Business

a) Perform the periodic report regime once a year and report mutations at the request of the competent state governing body.

b) A periodic report content by the Ministry of Information and Communications (model 04).

3. Report timeout

The organization, the business setting up the synthetic electronic information page and the social network is responsible for sending the report before 15 January annually.

4. Report

The organization, the business setting up the synthetic electronic information page and social media to send reports via post or directly at the state governing body have jurisdiction over the following address:

a) Ministry of Information and Communications (Bureau of Radio, Television and Electronic Information);

b) Department of Information and Media in the locality where the business registers the headquarters.

5. The Department of Information and Communications of the Provinces, the Central City of Central City is responsible for reporting periodically every 06 months with the Ministry of Information and Communications (before 31 January and before July 31 every year) on the state management activity of the information. Local Internet news.

What? 10. Board of the symbols in the process of carrying out management activities, providing, using information on the electronic information page and social media.

The panel is accompanied by this message the following text templates:

1. The application grants the license to establish a synthetic electronic information page on the network according to the Ministry of Information and Communications ( Sample 01. );

2. The application to license social networking settings by the Ministry of Information and Communications (Ministry of Information) Sample 02. );

3. Content of periodic reporting by the Ministry of Information and Media of the organization, the business establishes the composite electronic information page (s). Sample 03. );

4. Content-based reporting content of the organization ' s Ministry of Information and Media, the Social Network setting (s). Sample 04. );

5. The license to establish synthetic electronic information on the network (Form 05);

6. Social networking settings permit online (Form 06) .

What? 11. Effect of execution

1. This message has a enforcement effect since October 03, 2014 and replaces the Digital Information Digital. 14 /2010/TT-BTTTT June 29, 2010 of the Ministry of Information and Communications regulate some of the provisions of the Digital Protocol. 97 /2008/NĐ-CP August 28, 2008 of the Government on Management, Provides, uses Internet services and electronic information on the Internet for electronic information site management and online social networking services and substitution of the 4th News/2008/TT-BTTTT on 18 August 2008. December 2008 of the Ministry of Information and Media instructs some content on the operation to provide information on the personal electronic information page in the United States Digital Protocol. 97 /2008/NĐ-CP 28 August 2008 of the Government on Management, Providing, Using Internet Services and Electronic Information on the Internet.

2. The synthetic electronic information pages have been issued under the regulation at the Digital Protocol. 97 /2008/NĐ-CP August 28, 2008 of the Government on Management, Provides, uses Internet services and electronic information on the Internet and Digital Information on the Internet. 14 /2010/TT-BTTTT June 29, 2010 continues to operate until the license expires and the procedure for the procedure to grant a license (new level) under the provisions of this Information.

3. Social networks have been granted a certificate of providing service by regulation at the Digital Protocol. 97 /2008/NĐ-CP August 28, 2008 and Digital News 14 /2010/TT-BTTTT June 29, 2010, if it continues to operate on a regulatory procedure (the new level) by regulation at this Smart, 180 days from this date is valid.

4. During the implementation, organization, business, individual if there is a proposal to reflect on the Ministry of Information and Media to be considered, resolved ./.

Minister.

(signed)

Nguyen North Son