The decision on issuing regulations on the safety and security of operations management, supply, use of Internet service in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of PUBLIC SECURITY pursuant to Decree No. 142/2003/ND-CP dated November 14, 2003 by government mandate the functions, duties, powers and organizational structure of the Ministry of public security;
Pursuant to Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on management, provision and use of Internet services;
At the suggestion of the General Director of the Security Bureau, the decision: article 1. Attached to this decision, "regulations on the safety and security of operations management, supply, use of Internet services in Vietnam".
Article 2. This decision has the effect after 15 days from the date The quote and replace decision No 848/1997/QD-BNV (A11) on 23/10/1997 of the Minister of the Interior (now the Ministry of public security) issued regulations on preventive measures and equipment test, control of national security in Internet activities in Vietnam.
Article 3. The functional unit of the Ministry of public security, organizations, business units, Internet service provider, the Internet agent and use Internet services in Vietnam is responsible for the implementation of this decision.

 



Le Hong Anh (signed) REGULATE SAFETY, SECURITY in ACTIVE MANAGEMENT, supply, USE of the INTERNET in VIETNAM (attached to decision No 71/2004/QĐ-BCA (A11) on 29 January 2004 of the Minister of public security) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ chapter I: GENERAL PROVISIONS article 1. This regulation applies to the audience of enterprise, Internet service providers (IXP-Internet connection service, Internet access service-ISP, OSP-Internet application service, Internet Information Services-Internet access service, ICP used private-private ISP); Internet dealer (dealer access service providers, Internet application service) and who use Internet services in Vietnam.
Article 2. Ensure the safety and security of Internet operation in Vietnam including: System protection devices, the information, the data in the database and on the network of participating Internet operation; ensure the information circulating on the Internet are through, intact, quickly, in time; proactively prevent, detect, prevent acts of abuse of Internet services to infringe national security, social order and safety.
Article 3. Guarantee safety, security of Internet operation is the responsibility of agencies, organizations and individuals. The Ministry of public security is the State governing body for ensuring security in Internet activity, have the right to check, control, monitoring Internet information as required by law.
Article 4. All organizations, enterprises, individuals involved in Internet operations in Vietnam must take responsibility for the content by himself put into store, transmitted on the Internet; subject to the management, inspection, monitoring and implementation of the required safety and security in Internet activities under the provisions of this regulation and other provisions of the relevant laws.
5. Prohibit the following acts: 1. Taking advantage of the Internet to act infringing national security, social order and safety, violation of customs, Vietnam's cultural identity, infringing the rights and legitimate interests of citizens and organizations as well as conduct criminal activity in any form , means.
2. Stored on computers connected to the Internet, news document, figures in State secrets.
3. Use the password contrary to the provisions of the basic law.
4. Access to the Internet service provider by dialing international phone directly; use or guide others to use tools to support on the site by the State administration authorities forbid access; send, propagate, distribute viruses, software programs have features that stole information, the destruction of computer data over the Internet; do eating disorder, obstruction of activities provided, use of Internet services; build the site, hosted the Forum on Internet content guidelines, entice, provoke others to perform acts on.
5. Taking advantage of the Office, the powers in the State management of security information to obstruct the legitimate activities of participating Internet service; infringing the legal rights and interests of authorities, organizations and citizens.
Chapter II: SPECIFIC RULES article 6. The business Internet service providers are responsible for: 1. technical equipment in sync with his active scale to accomplish the management, inspection and monitoring to ensure the safety of the system, preventing the believe that the law bans put into store, transmitted on the Internet through the system management business.
2. Build rules operate, exploit, use of Internet services provided by enterprises. Advocacy organisation, guide, check the implementation for enterprises using the services (for ICP members provide content information on the Internet), Internet resellers, Internet service users, staff within the business.
3. Cooperation with the functional unit of the Ministry of public security, the competent State agencies to detect, prevent and treat the acts of abusing the Internet to operate national security violations and secure social order.
4. immediately Stop providing Internet service for the server can take advantage of the Internet to act against the State of the Socialist Republic of Vietnam prejudicial to national security.
5. Layout, network access points and the necessary technical conditions for the functional unit of the Ministry of public security made the task of protecting national security in Internet activities.
6. Just to be delivering the public service after being allowed by the text of the post and telecommunications Ministry on the basis of the report of the interdisciplinary examination as required in circular No. 04/2001/TT-TCBĐ on 20/11/2001 of the General Department of post office (now the Ministry of post and telecommunications) guiding the implementation of Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on the management of , provide and use Internet services (hereinafter the "Decree No. 55) of the actual test results, network devices and measures to ensure the safety and security of Internet operation of the business.
Article 7. Organizations, business Internet access service providers (ISPS), Internet application services (OSP), which provides Internet information service (ICP), Internet access service using private (private use ISP) has the responsibility to: 1. Have the system firewall (Firewall) that corresponds to active scale of each business to ensure detection , stop believing that the law prohibited as required by Decree No. 55 as well as safety equipment, information systems, data of the business units.
2. The information put in, transmitted on the Internet must be retained at the server of the business units within the 15 day period, the storage time of the information to the server.
3. training institutions for number of employees to master the Internet agent State regulations on safety, information security in the operation of the Internet, appropriate technical solutions to dealers to perform well the task of guiding the client to use the service on the healthy purpose, detecting, preventing the timely customer violations of regulations of Decree No. 55.
4. Enterprise, provider of Internet access service (ISPs and private ISPS) must coordinate with each other to prevent acts of abusing the system, network device, its services to mess, vandalism, obstructing operations provided, use of Internet services.
Article 8. Internet agent is responsible to: 1. Compliance with the regulations of the law on the safety and security of Internet information. The building, listed the rules of Internet use at the point of extraction.

2. information related to the use of the services must be retained in the agent's servers in 30 days time, the storage time of the information to the server.
3. the registry using statistical services full details information about the client, including: name, address, number of the identity card or passport, time to use the service. Are there solutions to prevent unauthorized access to the site has bad content on the Internet and install the software program to manage information content of instant customers.
4. Layout management staff has the technical expertise to master the rules of the State on the Internet at the extraction point to guide customers using the healthy purpose, detecting, preventing the timely customer violations of the regulations of the law on the Internet.
5. Provide adequate data on the technical configurations, connection diagram, the flow of information within the management agents are honest, detailed, full for State administration authorities when required.
6. In coordination with the police and other competent State agencies implement security requirements and security information.
Article 9. Internet users have the responsibility to: 1. Be responsible before the law about the content put into and transmitted on the Internet.
2. When receiving information prejudicial to national security, social security, order, violation of customs, Vietnam's cultural identity shall not print, copy, and must report immediately to the nearest police agency to handle.
3. Password protection, encryption, information content and protect your equipment.
Article 10. Agencies, organizations, individuals involved in Internet operations has the responsibility to make information mode, the following report;
1. The business unit, after being licensed to provide Internet services to report to the General Directorate of Security-Ministry of public security network connection diagrams, plans, measures and equipment to ensure safety and security in Internet activities, the list CITES peer officers, employees of the enterprise units, curriculum vitae of the members of network administrators, system administrators, network executives at the latest 15 days before the test group of interdisciplinary to fact check the instructions in circular No. 04/2001/TT-TCBĐ on 20/11/2001 of the General Department of post office (now the Ministry of post and telecommunications).
2. Six months, businesses that provide Internet service are responsible for the General Security Bureau report-Ministry of public security results to perform safety, security of supply operations, use of Internet services, additional changes on the structure of the network, the Internet agent list Subscribers using its Internet service; Statistics list the Member providing the information, the types of news blogs on the Internet according to the unified model and organization management, tracking closely.
3. Detection, timely notification to the police about the activities in violation of security, information security, attacked, sabotaged equipment system, hinders the operation of Internet service providers and other law violations; works closely with the police in the process of verifying the content makes it clear the infringement, provided the necessary documents, information related to the incident when requested.
Article 11. The Ministry of public security affairs General Directorate of security is a permanent agency to help lead The public security direction, organizing the work to ensure the safety and security of Internet activity, have the responsibility: 1. Organize, deploy professional measures to check, control, monitoring, information on the Internet under the provisions of the law.
2. Instruct the agencies, organizations, individuals involved in Internet activities undertaken to prevent, detect and deter these activities taking advantage of the Internet to harm national security, social order and safety.
3. Guide the public security of the city, centrally hosted, the safety, the security of the local Internet activities.
Article 12.-Security Administration directed the Bureau of professional functions, the local public security: 1. Six a month, inspecting the implementation of measures to ensure safety, information security in the operation of the Internet servers can provide services according to the content of the provisions of this regulation.
2. Coordination with the specialized inspection of telecommunications and information technology, specialized inspection of culture and information to conduct the inspection, testing and process in Internet activities under the provisions of the law.
Article 13. Agencies, organizations, individuals in violation of safety regulations, active in information security management, supply, use of Internet services, depending on the nature and extent of the violation will be sanctioned according to the provisions of article 41 and article 45 of Decree No. 55. Specifically the following: 1. A fine from 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.
2. A fine from 1.000.000 VND to 5 million VND for one of the following violations: a) the violation of the regulations of the State on the encoding and decoding of information on the Internet in the use of Internet services;
b) violate state regulations on safety, the security of information on the Internet in the use of Internet services.
3. A fine of 10 million to 20 million dong VND for one of the following violations: a) the violation of the regulations of the State on the encoding and decoding of information on the Internet in the provision of Internet services;
b) violate state regulations on safety, the security of information on the Internet in the provision of Internet services;
c) use Internet to aim to threaten, harass, offend the honor, the dignity of other people without prejudice to criminal liability;
d) put on the Internet or taking advantage of the Internet to spread the information, images, or the debauchery of information contrary to the rule of law on the news content on the Internet, without prejudice to the criminal liability;
DD) steals passwords, encryption keys, the Organization's own information, personal and common for others to use;
e) violates the rules of operation, exploit and use the computer to cause the disorder, operation blockade or disfigured, ruined the data over the Internet without prejudice to criminal liability.
4. A fine of from 20 million to 50 million dong VND for acts created and knowingly spread, spread the virus program on the Internet without prejudice to criminal liability.
5. In addition to the administrative sanctions, depending on the nature and extent of the violation that the Organization, individuals can also be applied to additional sanctions or remedial measures: a) temporarily suspend or discontinue the provision and use of Internet services for the violation of the point in paragraph 1 , the points in paragraph 2, the points in paragraph 3, paragraph 4 of article 13 of this regulation.
b) Forced to restore original state has been changed due to administrative violations cause for violation of the regulation in point e paragraph 3, paragraph 4 of article 13 of this regulation.
6. the acts of abusing the Internet to against the State of the Socialist Republic of Vietnam and disrupting security, order; the other serious violations criminal signs will be prejudice criminal liability as required by law.
Chapter III: article 14 ENFORCEMENT TERMS. Pursuant to this regulation, the institutions, the Internet service provider business in Vietnam to build Internet management regulation of his unit, user management, content management, information and technical inspection measures, surveillance, safety, information security in the operation of the Internet.
Article 15.

1. General Security Bureau-Ministry of public security led the business unit in collaboration with the relevant authorities of the Ministry of post and telecommunications, the Ministry of culture and information ministries, sectors, localities concerned to consider technical solutions ensure safety, security of Internet activities business units, providing Internet services since licensed and periodically check the Organization, the implementation of this regulation.
2. The agencies, organizations, individuals in the process of implementation of this provision if there difficult obstacles suggest reflection on the Ministry of public security (through the General Directorate of security) to be timely settlement instructions.