Circular 23/2013/tt-Btttt: Regulations On The Management Of Public Internet Access Points And Points Of Service Providing Electronic Games In Public

Original Language Title: Thông tư 23/2013/TT-BTTTT: Quy định về quản lý điểm truy nhập Internet công cộng và điểm cung cấp dịch vụ trò chơi điện tử công cộng

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CIRCULAR regulations on management of public Internet access points and points of service providing public electronic game _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law on telecommunications, November 23, 2009;
Pursuant to Decree No. 25/2010/ND-CP on January 6, 2011 by Government detailing and guiding the implementation of some articles of the law on telecommunications;
Pursuant to Decree No. 72/2013/ND-CP on July 15, 2013 the Government management, supply, use of Internet services and information on the network;
Pursuant to Decree No. 132/2013/ND-CP dated 16 October, 2013 of the Government functions, tasks, powers and organizational structure of the Ministry of information and communications;
According to the proposal of the Director General of telecommunications, Ministry of information and communication issued regulation circulars on the management of public Internet access points and points of service providing electronic games in public.
Article 1. Scope this regulation circulars on the management of public Internet access points and points of service providing electronic games in public.
Article 2. The object that applies to this circular applies to the public Internet access points; the topic provides electronic game services; Department of information and communications of the province, central cities; The district people's Committee; and other organizations and individuals concerned.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the certification agency is the Department of information and media of the people's Committee or the district people's Committee, the city of centrally delivered chaired the granting, modification, addition, extension , the level again, withdraw the certificate of eligible point active offer of service in the public video games.
2. The direct management points provide services public video games as individuals representing organizations, enterprises directly managed service provider points to electronic games in public.
Article 4. The point provides services for electronic games in public Points provided services public video games include: 1. public Internet access points have provided services for electronic games: Internet agents; public Internet access points of the business Internet service provider; public Internet access points in hotels, restaurants, airports, harbors, bus station, cafes and other public spots have Internet agent contract signed with the Internet service provider business.
2. Point of service providers of public electronic games via computer networks (LAN, WAN) without connecting to the Internet.
Article 5. Operational conditions, rights and obligations of service providers in the public video game 1. Operating condition of the service providers of public electronic game specified in clause 1 and clause 2 Article 35 of Decree 72/2013/ND-CP on July 15, 2013 the Government management, supply, use of Internet services and information on the network (hereinafter referred to as the Decree 72/2013/ND-CP). The rights and obligations of the topic provide electronic game services specified in article 36 public Decree 72/2013/NĐ-CP dated. 2. Regulations on the distance from the provides electronic game services to public school at port b item 2 Article 35 72 Decree applies and is understood as follows: a) apply for elementary school, middle school, high school, schools have more levels , Center for continuing education, ethnic schools, boarding schools for ethnic sale of stay;
b) is interpreted as the length of the shortest road from the main door or the door side of the point service providers of public electronic games to the main gate or the gate of the school and the Center stated in art. 2 of this Thing. 
3. Sign of the point provided services public video games in addition to the information specified in point c of Paragraph 2 to article 35 of the Decree 72/2013/ND-CP, to add the following information: a) the case of the point service providers of public electronic games at the same time as Internet agents In addition to the information specified in point b of paragraph 1 article 9 of the Decree 72/2013/ND-CP b) where point service providers of public electronic games at the same time as public Internet access points of enterprise, more the information specified in point a of Paragraph 2 article 9 of the Decree 72/2013 issued. 4. The point of the service offers public video game regulations clause 1 article 4 this circular are listed using the service rules covering the full range of information in paragraph 3 to article 36 and point c of paragraph 1 article 9 of the Decree 72/2013/ND-CP. 5. The people's Committee of the central cities, specific instructions about the total area of the service providers of public electronic game according to the areas in accordance with the provisions in point d item 2 Article 35 of the Decree 72/2013/ND-CP article 6. Operating time of public Internet access points and points of service providing public electronic game 1. Operating time of Internet agents and public Internet access points of the business does not offer electronic games services comply with the provisions of the provincial people's Committee, the central cities.
2. The time of operation of public Internet access points in hotels, restaurants, airports, harbors, bus station, cafes and other public spots do not provide game services comply with the open hours, closing of the location.
3. the operating time of the service providers of public electronic game as defined in article 4 of this circular in compliance with Clause 8 Article 36 Decree 72/2013/ND-CP. Article 7. Certificate of eligible point active offer of service in the public video game 1. Certificate of eligible point active service providers of public electronic games have a time limit of 3 (three) years.
2. The certificate of eligible operating points provide services public video games include the following basic information: a) the name and address of the service providers of public electronic games include: House number, town/hamlet/Ward/Township, town, Borough/district/town/city province/city directly under the Central Government;
b) Business Registration Number service provider point of video games;
c) full name, identity card number, contact phone number, email address of the primary service providers for electronic games in public for the topic is personal; Full name, identity card number, contact phone number, e-mail address of the person to manage directly the point service providers of public electronic games for topic hosted, Enterprise;
d) time limit effect of certificate;
DD) the total area of the room air;         
e) rights and obligations of the topic provide electronic game services.
3. qualified Certificate Template active point provides services for electronic games in public specified in model No. 01a/01b/denominator GCN and GCN attached to this circular.
Article 8. Procedure for certification of eligibility points activities to provide services to a public video game 1. Records suggest the certification of eligibility points activity provides services for electronic games in public organizations, individuals proposed certification eligible point active service providers of public electronic game sent directly or use the postal service 01 (a) record to the certification agencies include : a) the certification application form number ĐĐN/02a or model No. 809/ĐĐN attached to this circular;
b) certified copy of business registration certificate authentication service provider point of video games;
c) certified copies of the identity card the topic provide services public video games for individual topics; Certified copies of the Identity Manager service provider point of electronic games in public for topic hosted, business.
2. The time limit and process of handling of records within 10 (ten) working days from the date of the record as defined in paragraph 1 of this article, the Agency issued a certificate of appraisal records, reality check and certificate of eligibility points activity provides services for electronic games. The case of rejection, the certification body is responsible for notification in writing which stated the reason for refusal, the individual said.
3. With regard to the points that have been certified eligible operating points provide services public video games, ahead of the expiration of the certificate of a minimum of 20 (twenty) days, the topic want to continue business to implement the certification procedure eligible operating points provide services public video games according to the rules in paragraph 1 , Paragraph 2 of this Article.
Article 9. Modify, supplement the certificate qualifies the activity points to provide services to a public video game 1. During the validity period of the certificate of eligibility points activity provides services for electronic games in public, the topic provide services public video games to do the modified procedure, additional certificate eligible point active service providers of public electronic games has been granted in one of the following circumstances : a) changed name to provide services for electronic games;
b) to change the topic to provide services to a public video games for individual topics or Manager directly at the point provided services public video games for topic hosted, business.
2. The records suggest amendments, additional certificate of eligibility points activity provides services for electronic games in public organizations, individuals send directly or use the postal service 01 (a) record the additional amendments proposed certificate of eligible point active service providers of public electronic games to how certification agency include: a) the Menu suggested, additional content certificate according to the model No. 03a/ĐĐN or model No./03b ĐĐN attached to this circular;
b) certified copies of certificates of eligibility points activities to provide services to a public video games are still in force;
c) documents relevant to the information changes (if any).
3. The time limit and process of handling of records

Within 5 (five) working days, the certification body is responsible for the evaluation and certification of eligible point active offer of service in the public video game modifications, supplements replace the old certificate. The case of rejection, certification bodies are responsible to answer in writing, which stated the reason for rejection.
4. Certificate of eligibility points activities to provide services to a public video game modifications, supplements have the time limit by the time limit of the old certificate.
Article 10. Renewal, reissuance of certificates of eligibility points activities to provide services to a public video game 1. The points have been certified eligible operating points provide services the public wants video games continue to operate according to the content of the certificates have been issued without the suggested procedure certified according to the provisions in paragraph 3 article 8 of this circular, ahead of the expiration of the certificate of a minimum of 20 (twenty) days send topic directly, or use the postal service to the certification agency 01 (a) record the proposal to renew the certificate include: a) renewal application according to the form prescribed in Form of ĐĐN/04a or model No. 4b/ĐĐN attached to this circular;
b) certified copies of the identity card is a personal topic.
2. within 5 (five) working days, the agency evaluation and certification decision renewed the certificates of eligibility points activities to provide services to a public video game form number 05/QD attached to this circular. The case of rejection, certification bodies are responsible to answer in writing, which stated the reason for rejection.
3. The certificate of eligible point active service providers of public electronic games can be extended 01 (a) times the maximum duration is 6 (six) months.
4. where the certificate of eligible point active service providers of public electronic games lost, torn, burnt or destroyed under another form, the topic provide services public video games are sent directly or use the postal service 01 (a) petition reissued certificate according to the model No./06a/06b denominator or ĐĐN ĐĐN with herewith to the certification agency. Within 5 (five) working days, the certification authority done again qualified certificates points activity provides services for electronic games.
The case of rejection, certification bodies are responsible to answer in writing, which stated the reason for rejection.
Article 11. Revocation of the certificate of eligibility points activities to provide services to a public video game 1. The topic provides electronic game services recovered public certificate to qualify for one of the following cases: a) deceptive or behavior Have provided fake information to be certified eligible point active service providers electronic games;
b) change of the area but do not meet the conditions specified in point d of Paragraph 2 to article 35 of the Decree 72/2013/ND-CP;
         c) After 6 (six) months since have written notice of the certification authority on the point provides services for electronic games in public does not meet regulations regarding distance in clause 2 article 5 this circular because there is a market or the Centre specified in point a of Paragraph 2 article 5 this new circular came into operation or other objective reasons.
 2. in case of revocation as stipulated in art. 1 of this article, after the time limit 1 (one) year from the date the revoked certificate, providing the services topic of electronic games in public has the right to propose new certification if it meets are eligible to be certified according to the rules. Case withdrawn at point b and point c of Paragraph 1 of this article, the topic provide services public video games has the right to propose new certification as soon as the response is eligible to be issued a certificate under the rules.
Article 12. The responsibility of the Department of information and media 1. Building and the provincial people's Committee, the city of centrally issued due diligence process profile, reality check and grant, modify, add, renew, refresh, revoke the certificate of eligible point active service providers of public electronic games imposed on the area.
2. Publicly list the points service providers of public electronic games are granted and revoked the certificate of eligibility points provided services public video games.
3. Updated list of approved G1 game content, scripts and list the games G1 has revoked the decision to approve the content, the script on the page of electronic information of the Department of information and media and inform the service provider topics of electronic games in public areas.
4. Chaired and coordinated with the district people's Committee in the management, inspection, testing, statistics, reports the situation of operation of public Internet access points and points of service providing electronic games in public areas.
5. the Chairman, in collaboration with the district people's Committee, the district and the Internet service provider business, service provider business video games to disseminate laws on the management of the Internet and video games.
6. Before December 15 of every year, reported the Ministry of information and communication (Department of telecommunications) the content model No. 7/BC included herewith.
Article 13. Effective enforcement of this circular effect since October 2 in 2014.      
Article 14. Transitional provision within 12 months from the date of this circular effect, public Internet access points have provided electronic games services are operated under the provisions of the Decree 99/2008/ND-CP on August 28, 2008 by the Government on the management, supply, use of Internet services and electronic information are obliged to convert meets the conditions specified in this circular.
Article 15. Implementation 1. Office, heads of agencies, units of the Department, the Director of the Department of information and media and organizations, the individual concerned is responsible for the implementation of this circular.
2. During the implementation process, if arising problems, organizations, personal reflections on the Ministry of information and communication (Department of telecommunications) to supplement, modify accordingly./.