The Decree 72/2013/nd-Cp: Management, Supply, Use Of Internet Services And Information On The Network

Original Language Title: Nghị định 72/2013/NĐ-CP: Quản lý, cung cấp, sử dụng dịch vụ internet và thông tin trên mạng

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The DECREE, which provides management, use of internet services and information on the net _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on telecommunications, November 23, 2009;
Pursuant to the law of information technology on June 29, 2006;
Pursuant to the law on press, December 28, 1989, the law on amendments and supplements to some articles of the law on press, June 12, 1999;
Pursuant to the law published on November 20, 2012;
According to the recommendation of the Minister of information and communications;
The Government issued the decree to manage, deliver, use of Internet services and information on the net, chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing the management, supply, use of Internet services, on-line information, on-line video games; secure information and information security; rights and obligations of the Organization, individuals involved in the management, supply, use of Internet services, network information, electronic games on the network, secure communications and information security.
Article 2. The object of this Decree apply apply to organizations, individuals, organizations, foreign individuals directly involved or related to the management, supply, use of Internet services, network information, electronic games on the network, secure communications and information security.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the general concept is the Network refers to the telecommunications network (fixed, mobile, Internet), computer networking (WAN, LAN).
2. Internet service is a type of telecommunications services, including Internet access services and Internet connectivity service: a) Internet access service is a service that provides Internet users the ability to access the Internet;
b) Internet connection services are services provided for business offers Internet access service, the service provider business telecommunications applications the ability to connect with each other to carry Internet traffic.
3. Internet hubs is a telecommunication system are a business or organization set up to provide Internet connection services.
4. The Internet service provider business is telecommunications business Internet service providers prescribed in clause 2 of this Thing.
5. Internet agent is the Organization, individuals provide Internet access service to Internet users through the Internet agent to sign contracts with the enterprises provide Internet access service to enjoy commissions or resell Internet access service to enjoy the price difference.
6. public Internet access points include: a) the location where the agent is authorized to use the Internet to provide services;
b public Internet access point) of the business is the location to which the Member or personal representative for business provides direct Internet access service managed to provide Internet access service to Internet users;
c) access points the public Internet in hotels, restaurants, airports, harbors, bus station, cafes and other public places is the point that the Organization, the individual is entitled to lawfully use to provide Internet access service to Internet users.
7. Internet users is held, individual contracts with the business use of the services offer Internet access service or public Internet access points to use the applications and services on the Internet.
8. Internet resources is a collection of names and numbers in the administration of Vietnam, including: a) Vietnam national domain name ".vn", the other domains related to Vietnam's national interests; Internet addresses, network numbers, the name and number are international organizations allocated to Vietnam through Vietnam Internet Centre (VNNIC);
b) domain name, Internet addresses, network numbers, the name and number of the international organizations are allocated to individual organizations in Vietnam.
9. electronic games services on a network (electronic game services) is to give players the ability to access the network and play video games on the network.
10. service provider business video games on the network (referred to as the service provider business video games) is established under the law of Vietnam service providing electronic games through the system settings and device used video game software.
11. Point of service providing electronic games in public places is that the Organization, individuals are fully legal to give players the ability to access the network and play video games through the setting up of equipment system at that location.
12. People play video games on the network (the player) is personal contracts with business service providers electronic games or point service providers of public electronic games to play video games.
13. information on the net is information stored, transmitted, collected and processed through the network.
14. Public information is information on the network of an organization, individuals are publicly available for all objects that do not need to determine the identity, the specific address of the object.
15. private information is information on the network of an organization or individual that held that individuals, not public or publicly only for one or a group of objects that have been identified, a specific address.
16. personal information is information that is associated with the determination of the identity, identity of individuals including name, age, address, identity card number, telephone number, e-mail address and other information as specified by the law.
17. information content service is a service that provides public information for users of the service.
18. Official sources is the information posted on the Vietnam Press, or on the pages of electronic information, the State Party organ under the provisions of the press law, intellectual property.
19. General information is information synthesized from many sources of information, various types of information about one or more of the fields of politics, economy, culture, society.
20. The information system is the set of telecommunications equipment, information technology includes hardware, software and database server for hosting activities, processes, transmits, shares, Exchange, provide and use the information.
21. electronic information Page (website) is the information system used to set one or more pages of information are presented in the form of symbols, numbers, text, images, sounds and other information form serves for the provision and use of information on the Internet.
22. Social networks (social network) is a system of information provided to the user community network hosting services, supply, use, search, share and exchange information with each other, including the service create electronic personal information page, Forum (forum), chat (chat) online, audio sharing , images and other forms of similar services.
23. information security is the protection of information and information systems to prevent access, use, disclosure, disruption, modification, or unauthorized sabotage to ensure integrity, confidentiality and availability of information.
24. Information security is ensuring that the information on the network is not detrimental to national security, social order and safety, State secrets, the rights and legal interests of the organization or individual.
Article 4. Development of policy, management of the Internet and information on network 1. Promote the use of the Internet in every economic activity, particularly in the field of social education, training, health, scientific research, technology to increase productivity, create jobs and improve the quality of life.
2. Encourage the development of contents, applications that serve Vietnamese Vietnam community on the Internet. Promote the inclusion of these healthy, useful information onto the Internet.
3. development of broadband Internet infrastructure to schools, hospitals, research institutes, libraries, State agencies, enterprises, public Internet access points and households. Focus on the popular Internet services in rural areas, remote areas, border areas, Islands, there are social-economic conditions extremely difficult.
4. Prevent the behavior using the Internet affect national security, social safety order, breach of ethics, customs and violating the rule of law. Apply measures to protect children, youth from the negative effects of the Internet.
5. Ensure that only the legitimate information according to the law the new Vietnam is transmitted, including over borders, to Internet users in Vietnam.
6. Encourage and facilitate widespread use of Vietnam national domain name ".vn", Vietnamese domain and switch to IPv6 Internet address technology (IPv6 technology).
7. promote international cooperation on the Internet on the basis of respect for independence, sovereignty, equality, mutually beneficial to the parties, in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
Article 5. The prohibited acts 1. Taking advantage of the offer, using the Internet and information services on the network aims to: a) against the State of the Socialist Republic of Vietnam; detrimental to national security, social order and safety; sabotage the great national unity bloc; war propaganda, terrorism; cause hatred, conflicts between peoples, ethnic groups, religions;
b) propaganda, inciting violence, prurient, sexual, crime, social ills, superstition, pure, destructive of American peoples;
c) disclose State secrets, military secrets, security, the economy, Foreign Affairs and other secrets stipulated by law;
d) put information distort, slander, offend the Organization's reputation, honour and dignity of the individual;
DD) advertising, propaganda, sale of goods or services is forbidden; spread the work of journalism, literature, the arts, publications banned;
e) fake organizations, individuals and spreading fake information, false information harming the legitimate rights and interests of organizations and individuals.
2. unlawful to obstruct the provision of and access to legal information, the supply and use of legal services on the Internet of individual organizations.

3. To hinder illegal operation of the domain name server system Vietnam country ".vn", operation of equipment systems to provide Internet services and information across the network.
4. Unauthorized use of the password, the encryption key of the organization or individual; private information, personal information and Internet resources.
5. Create an unauthorized path for the domain of individual organizations; create, install, distribute malware, computer viruses; unauthorized intrusions, captured control of the information system, the creation of attack tools on the Internet.
Chapter II management, PROVISION and USE of INTERNET SERVICES, INTERNET RESOURCE, Item 1 article 6 INTERNET SERVICE. Licensed Internet service providers 1. Business Internet services are only provided when there is a license to provide telecommunications services Internet service type.
2. The licensing, modification, addition, renewal, revocation and reissuance of license to provide Internet services to comply with the provisions of article 35, article 36, article 38, article 39 and article 18 Telecommunications Law, article 23, article 24, article 28 of Decree 25/2010/ND-CP on January 6, 2011 by government regulations and detailed implementation of some articles of the law on telecommunications.
Article 7. Rights and obligations of the Internet service provider business in addition to the rights and obligations of the service provider business telecommunications regulation in Telecommunications Law article 14 paragraph 1, corporate Internet service providers have the following obligations: 1. Send official notices to provide Internet services to the Ministry of information and communication (Department of telecommunications) before officially offering services according to provisions of the Ministry of information and communications;
2. Sign the contract template, Internet agent contract to provide Internet service and use the template with the Ministry of information and communication (Department of telecommunications) to make uniform in the whole business.
Article 8. Conditions of operation of public Internet access points 1. Internet Agency be allowed to operate when meet the following conditions: a the business registration agency) Internet;
b) contracted Internet agents with business Internet access service providers;
c) where service providers electronic games must comply with the provisions in Article 35 paragraph 1 of this Decree.
2. public Internet access point Owner of the business does not have to register the agent business to the Internet and Internet dealer contract. The event provides games services must comply with the provisions in Article 35 paragraph 1 of this Decree.
3. The topic of public Internet access in hotels, restaurants, airports, harbors, bus station, cafes and other public places in the provision of Internet access services for users within the locations: a) not to register the agent business to the Internet and Internet agent contract if no currency rate;
b) Must register the business agent of the Internet and Internet agent contract if currency rates.
Article 9. Rights, obligations of owners of public Internet access points 1. Internet agents has the following rights and obligations: a) set Terminal system in place is the right to use to provide Internet access service for people using the service at that location;
b) Hanging sea "Internet Agency" accompanied the business registration number of Internet agents;
c) listed rules used in Internet service where people easily identify prohibited behavior includes the provisions of article 5 of this Decree, rights and duties of Internet users specified in article 10 of this Decree;
d) provides Internet access service according to quality and price in the contract Internet agents;
DD) service provider case video games on the network has the rights and obligations of the topic provide electronic game services regulated in article 36 of this Decree;
e) Not be held or to allow Internet users to use the features of your computer in the location of his business to make prohibited acts prescribed in article 5 of this Decree;
g) requested contracting business with his Internet Agent Guide provides information on Internet access service and is subject to the checks, monitoring of the Internet business;
h) participate in training programs, training on the Internet by the State management bodies and business Internet service provider organizations;
I) make regulations on information security and information security.
2. public Internet access point Owner of the business has the following rights and obligations: a) of sea "public Internet access points" with the business name and license number of Internet service providers of enterprises;
b) rights and obligations specified in point a, c, e, f, h, i Paragraph 1 of this article.
3. The topic of public Internet access in hotels, restaurants, airports, harbors, bus station, cafes and other public places in the provision of Internet access service charge income has the following rights and obligations: a) compliant open hours, closing of location;
b) rights and obligations specified in point a, c, d, e, g, h, i Paragraph 1 of this article.
4. The topic of public Internet access in hotels, restaurants, airports, harbors, bus station, cafes and other public places in the provision of Internet access service not currency rates has the following rights and obligations: a) compliant open hours, closing of location;
b) rights and obligations specified in point a, c, e, h, i Paragraph 1 of this article.
Article 10. The rights and obligations of users of Internet in addition to compliance with the rights and obligations prescribed in clause 1 article 16 of law of telecommunications, Internet users also have the following rights and duties: 1. used services on the Internet except for the services is prohibited under the provisions of the law.
2. Compliance with operating time of public Internet access points.
3. do not leave the Internet services business of any kind.
4. Compliance with the regulations on information security, security information and other relevant regulations in this Decree.
Article 11. Internet connection 1. Business Internet service providers are directly connected to go international, in direct connection with each other and connect to the Internet hubs.
2. National Internet hubs (VNIX) is Internet hubs in the Vietnam Internet Center by Ministry of information and communication, founded to support: a) ensure the safety of the operation of the entire Internet Vietnam in case of a malfunction for the telecommunications network in the country;
b) formed the network testing technology of national IPv6;
c) join connect Internet hubs of the region and internationally;
d) connect the Internet service provider business according to the principle of non-profits to improve the quality and reduce the cost of the service.
3. The Ministry of information and communications is responsible for: a) specific provisions on the operation of VNIX;
b) issued the policy, mechanisms to facilitate the business Internet service providers connect with each other, with VNIX and other Internet hubs.
Section 2 article 12 INTERNET RESOURCES. Domain name registration 1. The Ministry of information and communication management of the national domain Vietnam ".vn" domain name and that the international organizations allocated to individual organizations in Vietnam.
2. Every organization or individual has the right to register a domain name ".vn" Vietnam national and international domains.
3. The registration of the domain name ".vn Vietnam country" made through the Registrar the domain name ".vn".
4. The registration of the domain name ".vn" Vietnam national follow the following rules: a) equality, non-discrimination;
b) to reserve the rights to use, except the domain name was available for auction as stipulated by law;
c) in compliance with the provisions on the protection of Vietnam's national domain name ".vn" under article 68 of law in information technology;
d) comply with the rules of the auction, transfer the right to use the domain name in accordance with the Telecommunications Law.
5. The domain name by the Organization, individuals register must ensure no phrases violate national interests or not consistent with social ethics, Maple plain, United States of America of the nation; must be serious in order to avoid misunderstanding or misrepresentation due to polyphonic, multi meaning or when not using the mark in Vietnamese.
6. The domain name is the name of the party organizations, State authorities only for party organizations, State bodies; the Organization, the other individual is not registered, use this domain name.
7. The Ministry of information and communication, specific conditions, regulations and processes, registration procedures, recovery of Vietnam national domain name ".vn".
Article 13. The domain name server system Vietnam country ".vn" 1. The domain name server system Vietnam country "." is the technical system to ensure operation for Vietnam's national domain name ".vn" on the Internet. The Ministry of information and communications (Vietnam Internet Center) set up, manage and operate the domain name server system Vietnam country ".vn".
2. The business Internet service providers have a responsibility to coordinate, connect, routing to ensure the domain name server system Vietnam country ".vn" safe, stable operation.
Article 14. Home register domain name ".vn" 1. Home register domain name ".vn" is to provide business registration services, maintain the national Vietnam domain name ".vn".
2. The Registrar the domain name ".vn" is provided when the service meet the following conditions: a) Is the business established under the law of Vietnam or overseas organizations contracted with the official domain name registrar (Accredited Registrar) of the governing body of the international domain names (ICANN);
b) business registration services and domain name registration;
c) Have sufficient capacity of technical personnel, consistent with the scale of operations to provide registration services, maintain a domain name;
d) signed with Vietnam Internet Center to become the home register domain name ".vn".
3. The Registrar the domain name ".vn" has the following rights and obligations: a) implementation, maintaining the registration of domain names under the provisions of the law;
b) archive is full, accurate information about the Organization, the individual domain name registration according to the regulations of the Ministry of information and communications;
c) set the domain name server (DNS), technical systems and service providers to deploy security measures with respect to the domain name and the domain data of individual organizations;

d) instructions, provides information on the registration of the domain name and subject to inspection, inspection of the Ministry of information and communications;
DD) refuse to provide the service when the Organization, individuals do not meet the rules of domain name registration;
e) suspend, revoke a domain name at the request of the governing body of the competent State;
g) home to register a domain name ".vn" in the country to use the main domain name servers (Primary DNS) used the national Vietnam domain name ".vn" when providing services;
h) build and publicize the forms, processes, procedures for domain name registration under the provisions of the Ministry of information and communications;
I) reports, provide information and cooperation with the State Agency has the authority under the rules.
Article 15. International domain name registrar in Vietnam 1. International domain name registrar in Vietnam is to provide business registration services, maintain international domain name in Vietnam.
2. international domain name registrar in Vietnam is provided when the service meet the following conditions: a) Is the business established under the law of Vietnam;
b) business registration services and domain name registration;
c) contract signed with the governing international domain names (ICANN) or an official domain name registrar (Accredited Registrar) of the governing body of the international domain name to provide domain registration services international in Vietnam.
3. domain name registrar in Vietnam have the following rights and obligations: a) management information about the Organization, the individual in the international domain registration Vietnam in his unit, including name of organization, address, headquarters, telephone number, fax number, e-mail address for the Organization; full name, date of birth, identification number, issuer, date of issue, permanent address, phone number, e-mail address for the individual;
b) guide the Organization, individuals register international domain names reported the use of Internationalized domain names according to the regulations of the Ministry of information and communications;
c) reports the Ministry of information and communications as prescribed;
d) provides information and coordination with the State Agency has the authority to settle, handled the incident related to the domain name that I manage.
Article 16. Handling domain name disputes 1. Disputes over registration, use the national Vietnam domain name ".vn" be resolved according to the following form: a) through negotiations, mediation;
b) through arbitration;
c) sue in court.
2. The base domain name disputes at the request of the plaintiff: a) the domain name identical or similar to the point of dispute to be confused with the name of the plaintiff; identical or similar to the point of confusion with the trade marks or service marks that the plaintiff's rights or legitimate interests;
b) the defendant has no rights or legitimate interests in relation to the domain name;
c) defendant for hire or transfer of the domain name to the plaintiff is the owner of the trademark, trade name, service marks is identical or similar to the point of confusion with that domain name; lease or transfer to the plaintiff's competitors because private interests or to any key;
d) defendants misappropriated, prevented the plaintiff is the owner of the trademark, trade name, service marks register domain names corresponding to trademarks, trade names or service marks that the purpose of unfair competition;
DD) the defendant used the domain name in order to ruin the reputation of the plaintiff, the plaintiff's business operations or cause confusion, causing distrust for the public with regard to the names, trade marks, service marks of the plaintiff for the purpose of unfair competition;
e) other cases prove the defendant used the domain name in violation of rights and legitimate interests of the plaintiff.
3. The defendant is considered to be the legitimate rights and interests related to the domain name when it meets one of the following conditions: a) has used or has clear evidence are preparing to use the domain name or a name corresponding to the domain name that relates to the supply of products goods or services in a way that actually before dispute;
b) Was known to the public by that domain despite no trade mark rights, trademarks, service marks;
c) is using domain name legally not related to trade or use of your domain name, not for commercial purposes or to make the public understand the mistake or confused, influenced the trade marks, names, trademarks, service marks of plaintiff;
d) Have other evidence to prove the legality of the defendant concerning the domain name.
4. The governing body of domain name ".vn" domain name dispute processing is done according to the minutes of the conciliation of the parties in dispute or by the decision has force of law or arbitration bodies according to the judgment, the decision has force of law by the Court.
Article 17. Allocation, grant, revoke the Internet address and the network number 1. The Ministry of information and communications made the registration of Internet addresses and the network number with international organizations; the allocation of Internet addresses, network numbers for the Internet service provider business and other Internet address members in Vietnam.
2. Business Internet service provides authorized Internet addresses that are allocated to the subscribers of Internet business.
3. organizations, enterprises get Internet addresses, network numbers directly from international organizations to report and comply with the relevant regulations of the Ministry of information and communication.
4. The Ministry of information and communication, specifies the conditions, processes and procedures of registration, allocation, grant, revoke the Internet address and network numbers.
Article 18. Promote IPv6 technology application 1. IPv6 technology in the category of high priority technology investment and development. Operations research, production, import of the equipment, the software and the operation of the other IPv6 technology application was entitled to the preferential rate, supported by high technology law.
2. Encourage, create conditions for business Internet service provider investment in development of the network using IPv6 technology.
3. State authorities when investing, shopping new devices connected to the Internet to ensure the devices that support the IPv6 technology according to the regulations of the Ministry of information and communication.
4. The information and communications Ministry, in coordination with the ministries concerned to build support and policy agenda of ensuring all equipment, software, telecommunications and information technology, the Internet connection is produced domestically and imported into Vietnam to IPv6 technology application , towards stop completely the production and import of equipment, software does not support IPv6 technology.
5. The Ministry of education and training guide and putting the content on IPv6 technology into the curriculum of colleges and universities in the fields of information technology and communications.
Article 19. Rights and obligations of the Organization, individuals using Internet resources 1. The Organization, individuals registered and used the domain name ".vn" Vietnam National has the following rights and obligations: a) responsible before the law regarding registration information, including the accuracy and honesty of information and ensuring non-infringement of rights, legal interests of the Organization, the other individual;
b) responsible for the management and use of your domain name as specified by the law.
2. organizations and individuals use international domain name must inform the Ministry of information and communication as defined in article 23 of law technology news. The Ministry of information and communication specifies the notification procedure, process using international domain name.
3. The organization use the Internet address and network numbers to perform routing and using Internet addresses, network numbers according to the regulations of the Ministry of information and communication.
4. organizations and individuals using Internet resources to provide information, in cooperation with State administration authorities when requested.
5. organizations and individuals using Internet resources to pay the registration fee and the fee to maintain the Internet resources according to the regulations.
Chapter III management, PROVISION and USE of INFORMATION on the NET section 1 GENERAL PROVISIONS article 20. Classified electronic information page electronic information Page are classified as follows: 1. Electronic form electronic information page.
2. electronic information Page of the electronic information page of the organs, organizations, enterprises providing general information on the basis of quoted text, accurate official sources and indicate the author's name or the name of the official sources, time, that information has been posted.
3. internal electronic information Page is an electronic information site of the Agency, organization, enterprises provides information on the functions, powers, duties, organization, service, product, industry, and other information served for the main activities of the organs, organizations, enterprises and does not provide aggregate information.
4. personal electronic information Page is an electronic information site by the individual setting or set through the use of social networking services to provide their own information exchange, that individual, not representing the organization or individuals and do not provide aggregate information.
5. electronic information Page of specialized application is an electronic information site of the Agency, organization, enterprise application service provider in the field of telecommunications, information technology, broadcasting, television, commercial, financial, banking, culture, health, education and other professional fields and does not provide aggregate information.
Article 21. Management principles, supply, use of information on network 1. The management, supply, use of information on the network in the form of electronic, electronic publishing and advertising on the network must comply with the provisions of the law on the press, publishing and advertising.
2. The management, supply, use of information on the network in the form of social networking, General electronic information page are subject to the provisions of section 2 of chapter III and the relevant provisions in this Decree.
3. The management, supply, use of the service information content on mobile telecommunications network must comply with the provisions of section 3 of chapter III and the relevant provisions in this Decree.

4. The management, supply, use of the content of information on electronic information page specialized applications must comply with the provisions of the law and the relevant provisions of this Decree.
5. The organization, individuals are responsible under the provisions of the law on the information that you store, transmit, deliver or distribute on the network.
6. the Organization's own information, individuals are secret under the provisions of the law. Controlling private information on network state management agency of competent jurisdiction made under the provisions of the law.
7. The organization, Enterprise provides services on the network not to reveal personal information of people who use the service except in the following cases: a) the user agrees to provide information;
b) organizations, businesses have to deal with each other by writing about providing personal information to serve the billing, invoicing, voucher and prevent escape from implementing obligations under the contract;
c) upon request of the State Agency has the authority under the provisions of the law.
8. The organization, individuals involved in active management, provision and use of information on the network is responsible for protection of State secrets under the provisions of the law. Individual organization when stored, transmitted on the network information in the category of State secrets is responsible for encoding the information in accordance with the law.
Article 22. Provide public information through the border 1. The institutions, enterprises and foreign individuals in the provision of cross-border public information used in Vietnam or have access from Vietnam should comply with the provisions of relevant laws of Vietnam.
2. The Ministry of information and communication about specific provisions provide public information across the border.
Section 2 of the ELECTRONIC INFORMATION PAGE, social networking Article 23. Manage the page setup information, social networks 1. Electronic form of electronic information page is set up and operating pursuant to the law on the press.
2. electronic information Page specialized applications are established and operate in accordance with the law and the relevant provisions of this Decree.
3. personal information Page, internal page of electronic information subject to the provisions on registration and use of Internet resources and related regulations in this Decree.
4. organizations, enterprises are only set general information page, social network settings when setting permit electronic information page, social network license.
5. organizations and enterprises licensed electronic information page setup, set social network license when there are enough of the following conditions: a) Is the Organization, enterprise was established under the law of Vietnam duty, function or business registration profession consistent with the service and the content of information provided;
b) Have managed personnel meet the requirements prescribed by the Ministry of information and communications;
c the registered domain name) used to set the General information page, social networking;
d) Have sufficient technical, financial, organizational, human scale suit activities;
DD) take measures to ensure the security of information and information security.
6. license electronic information page setup General Setup license, social networking has a time limit as proposed by the Organization, but the business must not exceed 10 years.
7. The Ministry of information and communications network society setting permissions.
8. the Department of management of radio, television and electronic information-Ministry of information and media licensed electronic information page for press agencies, the diplomatic and consular authorities, centrally organized, religious organizations operate in Vietnam; Government organizations and foreign NGOs operating in Vietnam; Department of information and media and other organizations, agencies under the provisions of the Ministry of information and communication.
9. Department of information and media licensed electronic information page for organizations, businesses do not belong to the object specified in Clause 8 of this Article.
10. The Ministry of information and communication, specifies the conditions, processes, procedures, modifications, additions, renewal, revocation, reissuing the licenses set general information page, social network license.
11. The Ministry of finance in cooperation with the Ministry of information and media licensing fees regulations establish the General information page, in the permissions set up social networks.
Article 24. Rights and obligations of the Organization, the business set up electronic information page general business organizations set up general information page has the following rights and duties: 1. to set general information page and provide aggregated information for the public under the provisions of the law;
2. At least 1 server in Vietnam in response to the inspection, testing, hosting, provide information as requested by the governing body of the competent State and resolve the complaint of the customer for the provided services according to the regulations of the Ministry of information and communications;
3. Build management process public information;
4. Inspect, monitor, remove the public information with content violating the provisions of article 5 of this Decree when auto detect or requested in writing by the State Management Agency of competent jurisdiction;
5. implementation of the provisions of the law on intellectual property related to the provision and use of information;
6. store the minimum aggregate information in 90 days from the time of the information posted on the General information page;
7. The report by regulations and subject to inspection, inspection of State administration authorities.
Article 25. Rights and obligations of the Organization, enterprise social network set up the Organization, enterprise social networking setup has the following rights and duties: 1. social network service provider for the public service is prohibited except in accordance with the law;
2. the public offer agreement and use social networking services;
3. Take measures to protect confidential information, the personal information of the user; inform the users about the rights, responsibilities and the risk when storing, exchanging and sharing information on the Web;
4. Ensure the power of the user when to allow your personal information to be provided to organizations, businesses and individuals;
5. Do not be proactively provided public information with content violating the provisions of article 5 of this Decree;
6. In cooperation with the State Agency has the authority to eliminate or suppress information that the content violates the provisions of article 5 of this Decree, when required;
7. Providing personal information and private information of the users are related to terrorist activities, crimes, violate the law when required by the management bodies of State authority;
8. At least 1 server in Vietnam in response to the inspection, testing, hosting, provide information as requested by the governing body of the competent State and resolve the complaint of the customer for the provided services according to the regulations of the Ministry of information and communications;
9. Make the registration, archive and manage the personal information of the person who set up the page for personal information and other information providers on social network according to the regulations of the Ministry of information and communication. Ensure only those who have provided complete, accurate personal information according to the new rules established for electronic personal information or provide information on social networks;
10. The report by regulations and subject to inspection, inspection of the State administration authorities.
Article 26. The rights and obligations of users of social networking services in addition to the rights and obligations of users of Internet prescribed in article 10 of this Decree, the use of social networking services also have the following rights and duties: 1. used social networking services except for the services is prohibited under the provisions of the law.
2. Protection of private information confidential and personal information in accordance with the law.
3. Compliance with regulations, deliver and use social networking services.
4. Be responsible for the content of information stored by themselves, provide, put on social networking, distribute information through the direct links by themselves set.
Section 3 PROVIDES INFORMATION on the CONTENT SERVICES MOBILE TELECOMMUNICATIONS NETWORKS article 27. Content service providers information on mobile telecommunication network 1. The Organization, Enterprise only provided information on the content services mobile telecommunications network after the signed content service providers information on mobile telecommunication network, according to the regulations of the Ministry of information and communication.
2. conditions of registration service providers information content on mobile telecommunications network: a) Is the Organization, Enterprise established in accordance with the law of Vietnam duty, function or industry business registration service providers network information content;
b) Have sufficient technical, financial, organizational, human scale suit activities;
c) take measures to ensure the security of information and information security.
3. The Ministry of information and communication, specific provisions on the process, the registration procedure provides information content services on mobile telecommunications network; connecting organizations, enterprise content services provides information on the network with the mobile telecom business and other regulations related to the management and use of the services provided, the content of information on mobile telecommunication network.
Article 28. Rights and obligations of the Organization, enterprise content services provides information on the Organization of the mobile telecommunications network, enterprise content services provides information on mobile telecommunication network has the following rights and duties: 1. set the system equipment at your location are all legitimate rights as stipulated by the law and the transmission line rental far to connect to the telecommunications business;

2. At least 1 server in Vietnam in response to the inspection, testing, hosting, provide information as requested by the governing body of the competent State and resolve the complaint of the customer for the provided services according to the regulations of the Ministry of information and communications;
3. warehouse number allotted for telecoms, Internet resources according to the planning and regulation of telecommunication resource management;
4. Provide service appropriate information content in accordance with the relevant legislation;
5. Issuing processes, regulations, procedures and use of the services provided and complaints on the basis of compliance with regulations on managing, storing, transmission of information of information technology law and the provisions of the law on anti spam;
6. Provide services in accordance with the quality, service charges were announced with the use of the service;
7. The report by regulations and subject to inspection, inspection of the State administration authorities.
Article 29. Rights and obligations of the business mobile telecommunications telecommunications business has the following rights and duties: 1. Make business cooperation with the Organization, enterprise content services provides information on mobile telecommunication network according to the following rules: a) through negotiations on the basis of ensuring fair , logical, consistent with the authority, the interests of the parties involved;
b) effective use of telecommunication resources and telecommunication infrastructure;
c) ensure safe operation, consistency of the telecommunications network;
d) ensure the rights, legitimate interests of users of telecommunications services and organizations, individuals concerned;
DD) provides the connection to the Organization, enterprise content services provides information on mobile telecommunication network at any point is technically feasible on the telecom network and make timely, reasonable connection, public, transparent;
e) Non-discrimination in terms of connectivity, pricing, payment, standards, technical standards, quality telecommunications networks and telecommunications services.
2. Refuse to connect with organizations and businesses do not register provides information on the content services mobile telecommunications network, as specified in paragraph 1 of this Decree, article 27;
3. Suspend or stop connecting with the Organization, enterprise content services provides information on mobile telecommunication network in violation of regulations on the provision of services when required in writing by the State Management Agency of competent jurisdiction;
4. Cooperation with the Organization, enterprise content services provides information on mobile telecommunication network to resolve complaints, disputes on prices, quality of services to users;
5. Report by regulations and subject to inspection, inspection of the State administration authorities.
Article 30. The rights and obligations of users of the service content information on mobile telecommunication network service user information content on mobile telecommunications network has the following rights and duties: 1. to use the services of content information on mobile telecommunication network services is prohibited except in accordance with the law;
2. Comply with the terms of use content services for information on mobile telecommunications networks and the telecommunications services in accordance with the law;
3. Test yourself and take responsibility for the decision to use our services;
4. Have the right to complain, report when the content of the service received is not correct with the content of the service that the Organization, enterprise content services provides information on mobile telecommunication network has announced the agreement.
Chapter IV VIDEO GAME on the NETWORK article 31. The principle of electronic game management on network 1. Video games on the network is classified as follows: a) classified according to the method of providing and using the services, including:-video games have many interactions with other players through your game server system business (referred to as the games G1);
-Video games only the interaction between players with game server system of business (referred to as G2 games);
-Video games have many interactions with other players but there is no interaction between the player with the game server system of business (referred to as the G3 games);
-Video games are downloaded over the network, there is no interaction between players and between the players with the game server system of business (known as the G4 games).
b) classified by age of the player to match the content and game scenarios. The Ministry of information and communication, specific rules on the classification of games by age players.
2. Business service providers games G1 when service provider license video games and decided to approve the content, the script for each video games by Ministry of information and communications.
3. Business service providers games G2, G3, G4 when the certificate of registration service providers of electronic games and announced to provide services for each video game.
4. foreign individuals, organizations providing services and video games on the network for users in Vietnam to establish the business in accordance with the law of Vietnam to make service providers of electronic games on the network according to the provisions of this Decree and the regulations on foreign investment.
Article 32. Service provider license the game G1 1. The business was licensed to provide services for electronic games when there's enough of the following conditions: a) Is the business to be established in accordance with the law of Vietnam, have the registration certificate of the enterprise providing the services trades video games on the network;
b) Has registered the domain name used to provide the service;
c) Have sufficient technical, financial, organizational, human scale suit activities;
d) take measures to ensure the security of information and information security.
2. service provider license video games have a time limit as proposed by the enterprise, but must not exceed 10 years.
3. The enterprise is granted the decision approving the contents, electronic game script when there are enough of the following conditions: a) Has a license to provide services for electronic games is still the minimum term of 1 year;
b) content, electronic game scenarios that meet the following requirements:-no breach prescribed in clause 1 article 5 of this Decree;
-No picture, sound causes the feeling of horror, creepy; inciting violence, animal; content, sexually suggestive, lewd stimulus, Cyprian, immoral, contrary to ethical, cultural traditions, customs of the nation; misrepresent, disrupt the historic tradition;
-No images, audio described the Act of suicide, drug use, drinking, smoking, terrorism; the Act of abuse, harassment, trafficking in children and other harmful acts or other prohibited;
-Other requirements as prescribed by the Ministry of information and communication.
c) meets the technical requirements, the service offers professional video games according to the rules of the Ministry of information and communication.
4. The Ministry of information and communication, specifies the conditions, processes, procedures, modifications, additions, renewal, revocation, reissuing the licenses to provide services for electronic games, decided to approve the content, video game script.
5. The Ministry of finance, in cooperation with the Ministry of information and media licensing fees regulations to provide services and video game content evaluation fee, video game script.
Article 33. Registered service providers games G2, G3, G4 1. Conditions of registration service providers of electronic games: a) Is the business to be established in accordance with the law of Vietnam, have the registration certificate of the enterprise providing the services trades video games on the network;
b) Has registered the domain name used to provide services in the case of service providers on the Internet;
c) Have sufficient financial, technical, organisational, personnel to provide services for electronic games match the scale of the operation;
d) take measures to ensure the security of information and information security.
2. The Ministry of information and communication, specific conditions, regulations and processes, registration and notification procedure provides services for electronic games.
Article 34. Rights and obligations of the service provider business video games service provider business video games have the following rights and duties: 1. Hired sugar transmission of telecommunications business to connect equipment systems to provide services to the public telecommunications network;
2. At least 1 server in Vietnam in response to the inspection, testing, hosting, provide information as requested by the governing body of the competent State and resolve the complaint of the customer for the provided services according to the regulations of the Ministry of information and communications;
3. Set up the electronic information page provides electronic game services include a full range of the following information: a) classify video games by age of players for each game;
b) rules of each game;
c) information management regulations, active management of electronic games;
d) rules about complaints, disputes arise between the interests of players and enterprises, between players with players.
4. adopt measures to limit the negative impact of the games provided by enterprises, including: a) provides information on the approved game content, the script (for the games G1) or announced under the rules (for games G2, G3, G4) in the ad program , on the page of electronic information enterprises and in each of the games included the name of the game, a video game classified by age and recommended on the effects in addition to physical desire, spirit can happen to players;
b) for G1 games done to register personal information of players and adopt measures to restrict the hours of play for children, players under 18 years of age under the guidance of the Ministry of information and communications;
5. Secure the legitimate rights of the player in accordance with the rules of the game have been announced; responsible for the pricing, quality of service, safety information; to resolve complaints and disputes between players and enterprises, between players with players;

6. Compliance with the regulations of the Ministry of information and communication of virtual items (graphic image of an object, a character according to certain rules due to electronic game manufacturer that set) and bonus points (awarded the equivalent calculation of points that the player received in the process of taking video games on the network);
7. The case stopped providing services, electronic games are announced on electronic information page provides electronic game a minimum of 90 days before the day scheduled to stop providing the service; There are solutions to ensure the rights of the player; report in writing to the Ministry of information and communication about the content of this 15 days prior to the official date to stop providing the service;
8. implementing technical measures for content management professional conversation among the players according to the regulations of the Ministry of information and communications;
9. do not advertise electronic game content approval, the script for the game G1 or not yet reported under the regulations for the G2, G3 and G4 games on the forums, electronic information page of the Organization, the business, the type of the press and other mass media;
10. Submit the licensing fees and appraisal fees for content, scenario games G1;
11. Perform periodic, unscheduled reports prescribed by the Ministry of information and communications;
12. Subject to the inspection, testing and process in violation of the State administration authorities.
Article 35. Operating condition of the service providers of public electronic game 1. The Organization, individuals are only set point provides services for electronic games in public when there is a certificate of eligibility points activity provides services for electronic games.
2. organizations and individuals who are certified eligible operating points provide services public video games when the following conditions are met: a) business registration service provider point of video games;
b) location service providers of public electronic game gate elementary school, middle school, high school from 200 m or more;
c) you "Points service providers of public electronic games" including your name, address, points of contact, phone number of business registration;
d) the total area of the service providers of public electronic game minimum 50 m2 in the special areas, the municipality of type I, type II, type III; a minimum of 40 square meters in the municipality type IV, type V; a minimum of 30 meters in other areas;
DD) ensure enough light, the lighting evenly in the room air;
e) Has the equipment and fire regulations, fire under the provisions on prevention of fires;
g) Submit certification fees eligible activities the point service providers of public electronic games.
3. The information and communication Ministry specified processes, procedures, modifications, additions, renewal, revocation, reissuing the certificate qualifies the activity points provided services public video games.
4. the people's committees of provinces and cities under central base of the real situation of the Department of information and communication, local media or people's Committee chaired the grant, districts, amendments, supplements, recovery, renewal, reissuance of certificates of eligibility points activity provides services for electronic games in public and direct inspection organization , test, handle violations with respect to the operation of the service provider point of electronic games in public areas.
5. The Ministry of finance, in cooperation with the Ministry of information and communications regulation certification fees eligible activities the point service providers of public electronic games.
Article 36. Rights and obligations of the service provider topics a video game topic public service providing public electronic game has the following rights and duties: 1. set the system equipment to provide the service of electronic games at the location indicated on the certificate of eligible point active service providers of public electronic games has been granted;
2. Provided the Internet access service after the agent has signed a contract with the Internet service provider business Internet access;
3. Have the table listed the rules used in the video games service where people easily identifiable, including the prohibition prescribed in article 5 of this Decree; the player's rights and duties prescribed in article 37 of this Decree;
4. Have the table listing updated list the games G1 has approved the content, the script at the point of service providers attached to the classification of games by age (the updated information from the electronic information page of the Ministry of information and communications www.mic.gov.vn);
5. Do not be held or to allow Internet users to use the features of your computer in your business location to perform the prohibited acts prescribed in article 5 of this Decree;
6. the requested contracting business with his Internet Agent Guide provides information on Internet access service and is subject to the checks, monitoring of the business;
7. Participation in the training program, training on the Internet, video games do state management bodies and business organizations;
8. do not operate from 22 hours night to 8 a.m. the next day;
9. Make regulations on information security and information security;
10. Subject to the inspection, testing and handling of violations of State administration authorities.
Article 37. The rights and obligations of the player the player has the following rights and duties: 1. Play the video games except for video games is forbidden by rules of law;
2. Rights and duties of Internet users specified in article 10 of this Decree;
3. Select video games fit his age;
4. do not use video games to make violations of the law;
5. Make the registration of personal information at the request of the Ministry of information and communications;
6. Observance of rules of time management games, rules of operating time of service provider point of video games;
7. Is the business service providers electronic games guaranteed benefits under the rules of the game and rules to resolve the complaint, the dispute was announced on electronic information page provides services of the business.
Chapter V SAFETY of INFORMATION ASSURANCE and INFORMATION SECURITY on NETWORKS Article 38. Principles of information security and information security on networks 1. The Organization, individuals involved in providing and using Internet services and information on the network is responsible for ensuring the security of information and information security within your information system; in cooperation with State administration authorities and other private organizations in ensuring safety information and information security on the network.
2. ensure safety information and information security on the network must be performed regularly, continuously and efficiently on the basis of ensuring compliance with the standards, technical regulation safety information and legal provisions on the quality of telecommunications services, the Internet.
Article 39. Responsible for the governance of safety information and information security 1. The Ministry of information and communications is responsible for: a) issued or the State Agency has the authority to enact and implement the legal text, strategy, planning, standards, technical regulation on safety information;
b) training, fostering human resource development; research, science and technology application in security operations information;
c) international cooperation on safety information;
d) inspected, tested, dispute resolution, complaints, accusations and violate the law in handling operations ensure safety information;
DD) directs the activities of the unit made the task of ensuring the safety of information of the ministries, and local businesses;
e) presided, in collaboration with the Ministry of public security guidelines for telecommunications businesses, the Internet service provider business, organization, enterprises providing public information services on the network layout, the connection port and the technical measures needed to make the task of ensuring the security of information and information security;
g) regulates the registration, storage and use of personal information of people who take up public information social networks, who play game G1 and who use other services on the Internet; the authentication information that individual with the electronic data base about the identity of the Ministry of public security. 2. The Ministry of public security is responsible for: a) issued or the State Agency has the authority to enact and implement the legal text on information security;
b) training, fostering human resource development; research and application of science and technology in activities ensuring security of information;
c) international cooperation on information security;
d) inspected, tested, dispute resolution, complaints, accusations and handle breach of the law in ensuring security of information;
DD) Organization, direction, implementation guide the collection, detection, investigation, process the information, documents, acts related to active offer, using the Internet and information services on the network to infringe national security, social order and safety, State secrets and other criminal activities;
e) organizing the construction and exploitation of the electronic database of identity to connect with businesses that offer services on the network in order to verify personal information serves for the management, supply, use of the services and information on the network.
3. A Government body-the Defense Department is responsible for: a) chairing the proposed building and issued legal documents about the body in ensuring safety information;
b) presided over the implementation of the research activities in management, production, trading, use security encryption information;
c) implementation testing, evaluation and certification of conformity, certificate of conformity the products using encrypted secure information.
4. The Ministry of education and training is responsible for:

a) organize advocacy, legal guide on the Internet for students, student; Guide, facilitate, student orientation, student use of the Internet in useful activities, practical learning, the lives of himself and his family;
b) implement measures for alerting, monitoring students, students to avoid the negative effect of information content, harmful applications on the Internet;
c) Organization of training on safety information in the system of universities and colleges in the field of information technology and communications.
5. The Ministry of labour, invalids and Social Affairs is responsible for implementation of measures to protect children, adolescents from the information content, harmful applications on the Internet.
6. The ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for coordination with the Ministry of information and communication and the Ministry of public security made the governance of safety information and information security.
7. the people's committees of provinces and cities under central within the scope of its powers, duties performed in State management of safety information and information security at the local level.
Article 40. Standard management, technical standards on safety information 1. Certificate of conformity of system information with safety technical regulation information (certificate of conformity) is confirmation of the information system in accordance with the technical standards of safety information by Ministry of information and communication issued, standards of safety information by Ministry of information and media mandatory regulations apply.
2. Publish the suitability of information systems with technical regulation on safety information (proper disclosure rules) is the Organization of the enterprise, announced about the suitability of the information system with the standards, technical regulation on safety information.
3. The organization, enterprise information system owners must conduct the certification of conformity and conformity according to the regulations of the Ministry of information and communication.
4. conformity certification organization of safety information is the technical service activities is the Ministry of information and media to admit or to perform conformity certification.
5. The Ministry of information and communication specified conformity certification activities, announced the conformity of safety information; issued the list of required information system conformity certificate and publish conformity; specified, the certification organization acknowledged conformity.
Article 41. Provide service safety information 1. Safety information service is a service to protect information and information systems for organizations and individuals, including consulting services, testing, evaluation, monitoring, information systems and other related services.
2. The Ministry of information and media specific guidelines providing information security services.
Article 42. Delineate levels of information systems 1. Delineate levels of information systems is the assessment, determine the level of importance of the information system for the operation of your entire information infrastructure and national media, the economic and social development and ensuring security, the country's defense to put forth solutions to secure the information and appropriate information security.
2. The Ministry of information and communications, in collaboration with the Ministry of public security and other ministries involved in construction, issued and implementation regulations delineate levels of system information, directory of information systems on the nation's important, security requirements for information and information security for the information systems of national importance.
43 things. Network incident response 1. Rescue network is active in order to fix the processor, causing loss of safety information on the network.
2. Rescue network is made according to the following rules: a) quick, accurate, timely, cost-effective;
b) comply with the provisions for the coordination of the Ministry of information and communications;
c) collaboration between organizations, domestic and international business.
3. The ministries, ministerial agencies, government agencies, the telecommunications business, the Internet service provider business, the management organization, exploring the important information system of national responsibility to establish or designate departments network incident response (CERT) to proactively deploy operations within his unit and in collaboration with the rescue Center Vietnam computer emergency (VNCERT).
4. The Ministry of information and communication issued and implementation regulations coordinated rescue network problems.
Article 44. Obligations of the Organization, for the business secure information and information security Of telecommunications business, providing Internet services to businesses, organizations, enterprises providing public information on the Internet service provider business, video games have the following obligations: 1. To deploy the system engineering Professional, secure information, information security.
2. Guide the Internet dealer, public Internet access points, score provides services for electronic games business's public implementation of measures to ensure the security of information and information security.
3. Layout, connection ports and the technical conditions needed to state management agencies have the authority to perform the task of ensuring the security of information and information security at the request of the Ministry of information and communications and the Ministry of public security. 4. Enact and implement internal operational regulations; operating processes, harness, providing and using the services and regulations in cooperation with the Ministry of information and communication and the Ministry of public security in ensuring information safety and security information.
Chapter VI ENFORCEMENT PROVISIONS Article 45. Effect 1. The Decree has effect as from September 1, 2013.
2. Decree No. 97/2008/ND-CP on August 28, 2008 by the Government on the management, supply, use of Internet services and electronic information on the Internet most effective since the date of the Decree has effect. Abolish circular No. 02/2004/TTLT-TELECOMMUNICATIONS-NO-TAY on July 14, 2005 between the Ministry of posts and telecommunications, Ministry of culture and information, Ministry of public security and the Ministry of planning and investment on the management of Internet agents and circular No. 60/2006/TTLT-BBCVT-BCA-BVHTT DATED June 1, 2006 between the Ministry of culture-information The post and telecommunications Ministry, the Ministry of public security on the management of online games (online games).
Article 46. Implementation the Minister of information and communications is responsible for guiding, inspecting the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this Decree.
 
 
 

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