GOVERNMENT DECREE on management, provision and use of services on the Internet the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Proposal of the General Director of postal Bureau, the DECREE: chapter I GENERAL PROVISIONS article 1.
1. This decree governs management, provision and use of Internet services in Vietnam. Every organization or individual; organizations, foreign individuals active in the field of the Internet in Vietnam must comply with this Decree.
2. In the case of international treaties related to the Internet that Vietnam signed or otherwise with this Decree shall apply to the provisions of international treaties.
Article 2.
1. The Internet is an information systems are connected to each other by Internet communication protocols (IP) and use a uniform address system on a global scale to provide the services and applications for different users.
2. In Vietnam, the Internet is an important part of the information infrastructure in the country, is protected under the law of Vietnam, no one is infringing. Guarantee safety, security equipment and systems for information on the Internet is the responsibility of the State authorities, organizations and individuals.
Article 3. The development of the Internet in Vietnam are made according to the principle: 1. Capacity management must keep up with the development requirements, and to take measures to prevent the misuse of the Internet affect national security and breach of ethics, customs.
2. Internet development with a full range of high quality service and reasonable rates in order to meet the requirements of serving the industrialization and modernization of the country.
Article 4. Layout preference capital and financial support mechanisms for the provision and use of Internet services for the agencies, institutions of scientific research, education, training, health, software industry development and the party apparatus, the State.
Article 5. Have the policy encourages strengthening Vietnamese put information, particularly information on the approaches, the party's policy, the law of the State on the Internet. Creating favorable conditions for organizations and individuals through the Internet about products and services.
Article 6.
1. The information put into store, transmit and receive up to on the Internet must comply with the corresponding provisions of the law on the press, publishing Law, Ordinance on protection of State secrets and the provisions of the law on intellectual property and management of information on the Internet.
2. organizations and individuals to provide and use Internet services must take responsibility for the content of information by themselves put into the archives, transmitted on the Internet.
Article 7.
1. The management authority of the State, business, Internet service providers have a responsibility to strengthen the propaganda, education, guide the user of Internet services in the exploitation, use of information on the Internet according to law, at the same time prevent the acts prohibited in article 11 of this Decree.
2. The institutions and individuals who use the Internet are responsible for compliance with the laws about the Internet to exploit, utilize the Internet in a healthy and effective way.
Article 8. Secrets for private information on the Internet by organizations, individuals are guaranteed under the Constitution and the law. Controlling information on the Internet by the competent State agencies conducted under the provisions of the law.
Article 9. No one is preventing the legitimate use of the Internet service. The unit, Enterprise Internet service provider has the right to refuse to provide the service, if held, personal use of the service violates the law on the Internet.
Article 10. The encode and decode the information on the Internet must comply with the provisions of the basic law.
Article 11. Prohibit the following acts: 1. Disruptive, destructive device system and impede the provision of the service, use of the Internet.
2. Stolen and unauthorized use of passwords, encryption keys and private information on the Internet by organizations and individuals.
3. Use the Internet to fight back the State of the Socialist Republic of Vietnam; cause security disorder, order; the ethics violation, pure Maple, United States of America and other legal violations.
 
Chapter II ESTABLISHES the SYSTEM of EQUIPMENT, supply and USE of INTERNET SERVICES article 12. Internet services including Internet access services, Internet connection service and Internet application services.
1. Internet access service is a service that provides users the ability to access the Internet.
2. Internet connection service is the service provider for the unit, Enterprise Internet service providers the ability to connect with each other and with the international Internet.
3. Internet application service is a service that uses the Internet to give users of the applications or services include: postage, telecommunications, information, culture, trade, banking, finance, health, education, training, technical support and other services on the Internet.
Internet information services is a type of Internet application services include press release (say, newspaper photos, electronic), released on the Internet and publications service offers the kind of electronic news on the Internet.
Article 13. The Internet service provider business, including: 1. Business Internet access service providers (ISPS) are businesses of all economic sectors, the postal administration was granted a license to provide Internet access service. Business Internet access service providers must comply with the provisions of this Decree and the regulations on the management of Internet access service by the postal administration.
2. Business Internet connection service providers (IXP) is the State-owned enterprises, or joint-stock companies in which the State seized the shares dominated or special stock, is the total postal Bureau licensed to provide Internet connection services. Enterprise Internet connection service providers must comply with the provisions of this Decree and the regulations on the management of Internet connection services by postal administration issued.
3. Business Internet applications service provider (OSP) is the business using the Internet to provide Internet application services for users. The business of Internet application service provider in addition to observance of the provisions of this Decree, subject to the provisions of the law on State Management specialization.
Article 14. The unit provides Internet information service (ICP) is the Agency, organization, enterprises are the Ministry of culture and information, licensing of Internet information service providers. The unit provides Internet information services must comply with the provisions of this Decree and the regulations on the press release, issued publications on the Internet, the regulation on the establishment and provide the kind of news blogs on the Internet by the Ministry of culture-information.
Article 15. Provider of Internet access service using private (private use ISP) is the Agency, organization, enterprises are postal administration license to provide Internet access service to use with the following conditions: 1. Do not aim the Internet access services business.
2. use Internet service object is a member of two or more organizations, agencies, businesses have the same active nature or purpose of the work and are linked with each other through the Charter activity, or the text stipulates the General organizational structure, form or link, joint activities between the members.
3. Compliance with the provisions of this Decree and the regulations on the management of the service to access and connect to the Internet because Of the postal Bureau issued.

Article 16. Enterprises have invested abroad want to offer Internet service in Vietnam, in addition to observance of the provisions of this Decree, subject to the provisions of the international treaties to which Vietnam signed or joined and the provisions of the law on foreign investment in Vietnam.
Article 17. Based on the strategy, the development of the Internet in Vietnam, the postal administration procedures, licensing conditions provide access services and Internet connection services; Ministry of culture-information procedure regulations, licensing conditions provides Internet information services; the ministries under the State management sector specialization specified conditions to provide the service to other Internet applications.
Article 18. After being allowed to offer Internet services in accordance with the law, businesses that provide Internet service: 1. Is the system equipment setup at the base and the point of his public service to provide full Internet services for all the people using the service in Vietnam and abroad in accordance with the licence or the terms of business , operating conditions, except for the services in the list of banned Internet service or not yet allowed provision under the provisions of the law. Providing Internet service to the people who use the service abroad must comply with the law of Vietnam and the law of the country where the service is provided.
2. for the agencies, organizations, other business equipment rental to provide application services, Internet information services and for the use of equipment rental services to set the type of news blogs on the Internet according to the rules of the service management and the management of information on the Internet.
3. Responsibility to apply and create conditions for State management agencies implemented technical measures, industry service to guarantee safety, security for equipment and information system on the Internet.
Article 19.
1. press agencies and publishers have license to operate as a rule, be set up equipment at his base to direct the issuer or a trustee for the provider of Internet information service press release and publications on the Internet.
2. When press releases, publications on the Internet, in addition to the provisions on management, provision and use of Internet services, press agency, Publisher and provider of Internet information services is responsible for implementation of the provisions of the law on the press, publishing management.
Article 20.
1. Internet dealer is held in Vietnam on behalf of the individual, the enterprise provides access services, Internet application services to provide access service, Internet application services to the user through the agent contract and remuneration.
2. The Internet agent is responsible for: a) provides services for people who use the service in accordance with the provisions of the type, quality, price and service charges have agreed in the contract signed with agent business Internet service provider.
b) implementation of the rules on the management of Internet services by the State Board of administration.
Article 21.
1. The use of Internet services is the Organization, individuals in Vietnam use the Internet services through contracts with the business unit providing Internet service.
2. The form of the contract may be written, verbal or specific acts under the provisions of the law. With regard to the type of contract and use Internet services that the law must be made in writing shall be subject to those provisions. The content of the contract is consistent with the provisions of the law of contract.
Article 22. The use of Internet services: 1. used the mobile Internet access equipment or installation of equipment in the place that you are authorized to use under the provisions of the law for access to the unit, the enterprise provides Internet access service in water by the method of direct connection through the channel of transmission or telecommunication network through dial , but not access to the unit, the Internet service provider business abroad by dialing international phone directly.
2. use all the services of Internet applications, Enterprise Internet application service provider in the country and abroad, except the service is prohibited or unauthorized use.
3. set the type of electronic news at his equipment, systems of units, the Internet service provider business in the country and abroad to showcase, advertise on the agencies, organizations, individuals and products, its services according to the regulations on the management of the type of electronic news on the Internet and are solely responsible for the information that before the law.
4. the responsibility to protect passwords, encryption keys and its equipment system.
5. do not leave the Internet service business.
Article 23. Internet resources include the system of names and numbers used for the Internet, is consistent on a global scale. In Vietnam, the Internet resources is part of national information resources should be managed, planned and used effectively.
Article 24. The State has suitable management policies in order to create the conditions for businesses to provide services, access step by step Internet connection service discounts, cost of access services, Internet connection services to the level equal to or lower than the average of countries in the region, aimed at popular fast Internet in Vietnam and improving the competitiveness of enterprises in Vietnam Enter the international economy.
Article 25. The organizations, individual manufacturing, importing equipment, providing Internet services and the use of Internet resources is responsible for payment of fees prescribed by the law. The tax incentives are made according to the regulations of the State.
Article 26. To ensure the rights of service users, the Internet service provider business is responsible for: 1. registration and publication of quality of service indicators according to the regulations on the management of the quality of service of the State.
2. Secure the service providers for standard users have registered and announced.
3. The report and submit to inspection, inspection of the State administration of quality services according to regulations.
Article 27. The Internet connection is made according to the following rules: 1. The establishment and use of a telecommunications transmission line connecting the equipment system of units, the Internet service provider business with each other and with the public telecommunications network must comply with the regulations on telecommunications.
2. Enterprises provide Internet connection service (IXP) are connected together and with the international Internet.
3. The business Internet access service providers (ISPS) are connected with each other and with the IXP.
4. The unit provides Internet access service using private (private use ISP) is connected to the ISP and IXP, but not directly connected to each other.
5. The business Internet applications service provider (OSP), which provides Internet information service (ICP) is connected to the ISP and IXP.
6. Internet dealers are connected to the Internet service provider business signed a contract with his agent.
 
Chapter III MANAGEMENT of the STATE on the INTERNET Article 28. State management content on the Internet consists of: 1. Policy formulation, strategic planning, development of the Internet.
2. Build and issued legal documents on management, system settings, equipment supply and use Internet services.
3. Managing the licensing of Internet activity.
4. management of technical standard and quality of Internet service.
5. Management reviews, Internet service charges.
6. Management Science, technology in Internet activities.

7. management of information on the Internet.
8. Security management, security during Internet activities.
9. Manage the encode and decode the information on the Internet.
10. Management of Internet resources.
11. Inspection, testing, solving disputes and handle infringement in Internet activities.
12. International cooperation in the operation of the Internet.
Article 29.
1. Government systems for the governance of the Internet within the country. Ministries, ministerial agencies, government agencies and people's committees of provinces and cities under central management duties on the Internet according to the assigned by government regulations in this Decree.
2. Government Affairs General Directorate of the harmonic function post office, coordinating the management of the State on the Internet of ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central and how clues in the international activities on the Internet.
Article 30. The postal administration of State management implementation for setting the system equipment, provided and using the services to access, Internet connection services, including: 1. Policy formulation, strategic planning and the development of the Internet.
2. Enact and guide implementation of the rules on licensing and access to the service management, Internet connection services.
3. Planning, management and allocation of Internet resources.
4. Hosted, in cooperation with the Government body managing the authentication system on the Internet.
Article 31. The Ministry of science, technology and environment made the governance of research application and development of advanced technology in Internet activities.
Article 32. The Ministry of culture and information, made the State management for information on the Internet, including: 1. The promulgation and guide implementation of the regulations on the management of information on the Internet.
2. Enact and guide implementation of the regulation on licensing and administration for the issuance of press releases, publications on the Internet; the regulations on the management of the establishment and provide the type of electronic news on the Internet.
Article 33. The Ministry of public security made the governance for ensuring security in Internet activities, including: 1. Implementing measures to ensure the business of national security for Internet activities.
2. Build and implement technical measures to manage the security of information on the Internet in accordance with the law, on the basis of ensuring the quality of Internet service.
Article 34. The Ministry of finance is responsible, in coordination with the ministries involved in construction, the Prime Minister decided the financial support mechanisms for providing and using the services to access, Internet connection services for priority objects specified in article 4 of this Decree.
Article 35. Government body performing State management for the encode and decode the information on the Internet, including: 1. Research policy formulation, national encryption standard used on the Internet.
2. Enact and guide implementation of the regulations on supply and use of encryption and decryption of information on the Internet.
Article 36. Ministries, ministerial agencies, government agencies implement state management for the Internet application services in the fields of management, including: 1. The promulgation and implementation guides management regulations for the provision and use of Internet application service.
2. Issued and announced the list of banned Internet application service or not yet allowed provision and use on the Internet.
Article 37. The people's committees of provinces and cities under central co-ordination with the ministries, ministerial agencies, government agencies implement the management of Internet activity in the province, the city according to the provisions of this Decree.
 
Chapter IV COMPLAINTS, inspection, test and HANDLE breach of article 38. The complaints against administrative decisions and administrative acts regarding Internet activities; the denunciation to the competent State authorities about the violations related to Internet activities are performed according to the provisions of the law on complaints and denunciation on December 2nd, 1998.
Article 39. The complaint and the complaint resolution service for the provision and use of Internet services is done according to the regulations of the State administration on the Internet outlined in chapter III of this Decree.
Article 40.
1. Based on the content of State management were defined in chapter III of this Decree, the State agency responsible for organizing, directing the operation, Inspector check to correct, block and timely handling in Internet activities.
2. The Internet service provider business, which provides private Internet access service, Internet information service providers, resellers and users of Internet services are subject to inspection, inspection of the competent State agencies as prescribed by law.
Article 41. The violations, the form and extent of sanctioning administrative violations on the Internet are defined as follows: 1. Caution or a fine from 50,000 to 200,000 Council Council for acts not declare procedure-level back when Internet service provider license is lost, or damaged.
2. A fine of 200,000 VND to 1.000.000 VND for one of the following violations: a) use of passwords, encryption keys, the private information of another person to access, using unauthorised Internet service.
b) use the software tools to access, use of Internet services.
3. A fine from 1.000.000 VND to 5 million VND for one of the following violations: a) violate state regulations on standards and quality in the use of Internet services.
b) violate state regulations about price, cost in the use of Internet services.
c) violate state regulations on the management of Internet resources in the use of Internet services.
d) violated the State's regulations on the management of access, Internet connection in the use of Internet services.
DD) violates the provisions of the State on the encoding and decoding of information on the Internet in the use of Internet services.
e) violate state regulations on safety, the security of information on the Internet in the use of Internet services.
4. A fine of from 5 million to 10 million dong VND for one of the following violations: a) stop or suspend Internet service providers without notice for Internet service users know in advance, except in cases of force majeure.
b) corrected, erased content changed the license to provide Internet service.
c) using the expired license to provide Internet service.
5. A fine of 10 million to 20 million dong VND for one of the following violations: a) violate state regulations about standards, the quality of Internet service in the provision of Internet services.
b) violate state regulations on prices, the cost of Internet services in the provision of Internet services.
c) violate state regulations on the management of Internet resources in the provision of Internet services.
d) violate state regulations about Access Manager, connect to the Internet in the provision of Internet services.
DD) violates the provisions of the State on the encoding and decoding of information on the Internet in the provision of Internet services.
e) violate state regulations on safety, the security of information on the Internet in the provision of Internet services.
g) use Internet to aim to threaten, harass, offend the honor, the dignity of other people without prejudice to criminal liability.
h) put on the Internet or taking advantage of the Internet to spread the information, images, or other sexual information contrary to the provisions of the law of information content on the Internet, without prejudice to criminal liability.

I) stolen passwords, encryption keys, the Organization's own information, personal and common for others to use.
k) violates the rules of operation, exploit and use the computer to cause the disorder, operation blockade or deform, causing the ruin of the data on the Internet without prejudice to criminal liability.
6. Fines of from 20 million to 50 million dong VND for one of the following violations: a) set the device system and Internet service provider does not meet the provisions stated in the license.
b) created and knowingly spread, spread the virus program on the Internet without prejudice to criminal liability.
7. A fine of 50 million to 70 million dong VND for the behavior of system equipment Setup and Internet service providers without a license.
8. In addition to the sanctions, depending on the nature and extent of the violation that the Organization, individuals also may apply one or more additional sanctions or remedial measures: a) temporarily suspend or discontinue the provision and use of Internet services for the violation in art. 2 point b, item 2, the points in paragraph 3, the points in paragraph 5 and Article 6, paragraph 41 b.
b) deprived of the right to use the license has no time limit or time limit for violations specified in point b of paragraph 4 and art. 6 Article 41.
c) confiscated exhibits, the means used to administrative violations for violations specified in point b of paragraph 4, point a clause 6 and clause 7 Article 41.
d) Forced to restore original state has been changed due to administrative violations cause for violations specified in point 5, paragraph k point b paragraph 6 to article 41.
Article 42. Professional Inspection Committee and the level of administrative violation of sanctions against administrative violations in Internet activities under state management functions and authority to sanction provisions in ordinances handling administrative violations.
43 things. The principle of sanction, the sanction period, procedures for sanctioning administrative violations, extenuating circumstances, aggravation, time and duration of sanctions be considered not yet sanctioned the administrative infringement on the Internet is done according to the provisions of the Ordinance on handling administrative violations.
Article 44. The Organization, individuals causing damage to other individuals in the Organization of activities provided, use of Internet services are compensated according to the provisions of the law.
Article 45. Taking advantage of the Internet to conduct against the State of the Socialist Republic of Vietnam and disrupting security, order; the other serious violations criminal signs will be blind for criminal liability in accordance with the law.
 
Chapter V Article 46 ENFORCEMENT TERMS. The Decree has effect after 15 days from the date of signing and replacing Decree No. 21/CP dated 5 March 1997 the Government issued a temporary regulation on management, Setup, using the Internet in Vietnam. Annulment of point c paragraph 3 and point c of paragraph 4 Article 11 of Decree 79/CP dated 19 June 1997 of government sanctioning administrative violations in the field of governance of the postal, telecommunications and radio frequency.
Article 47. General Post Office, in coordination with the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central guidance and examine the implementation of this Decree.
Article 48. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.