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Decision 27/2002/qd-Bvhtt Dated: Issued Regulations And Licensing Information Provider, Setting Up Site On The Internet

Original Language Title: Quyết định 27/2002/QĐ-BVHTT: Ban hành Quy chế quản lý và cấp giấy phép cung cấp thông tin, thiết lập trang tin điện tử trên Internet

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Promulgating regulations and licensing information provider, setting up website on the Internet the MINISTER of culture and INFORMATION pursuant to Decree 81/CP on 08/11/1993 of the Government about the functions, duties, powers and organization of the Ministry of culture and information;
Pursuant to Decree 55/2001/ND-CP, 2001 of the Government on management, provision and use of Internet services;
Pursuant to Decree 31/2001/ND-CP dated 26/6/2001 of the Government on sanctioning administrative violations in the field of culture and information;
At the suggestion of the Director of the Ministry of culture and information, decision: article 1. Attached to this decision management regulation and licensing to provide information, establish electronic news site on the Internet.
Article 2. Director of the press, the Chief Inspector of the Ministry of culture and information, the Director of the Department of culture and information of the city, centrally responsible Guide, test and implement these rules.
Article 3. These rules are effective from the date of signing and substitute for the regulations on the licensing information provided over the Internet attached to decision No 1110/BC on May 21, 1997 of the Minister of culture and information. The previous provisions contrary to this regulation are repealed.
REGULATIONS and LICENSING INFORMATION PROVIDER, SETTING UP SITE on the INTERNET (attached to decision No. 27/2002/QD-BVHTT on 10/10/2002) chapter I GENERAL PROVISIONS article 1. The Ministry of culture and information of the Socialist Republic of Vietnam (hereafter referred to as the Ministry of culture-information) is the agency that performed the function of State management and licensing Internet information provider (ICP), setting up website on the Internet.
Article 2. In this regulation the terms below are interpreted as follows: 1. The unit provides information on the Internet (ICP) is the Agency, organization, enterprises are the Ministry of culture and information license providing information on the Internet through an Internet service provider (ISP).
2. Website (Website) is the type made news on the Internet.
Article 3.
1. The Agency, organization, Enterprise, agency, organisation, foreign enterprises, the entity has foreign elements in Vietnam to provide information over the Internet, set up a website on the Internet is subject to the terms of this regulation.
2. In the case of international treaties related to the Internet that Vietnam signed or otherwise with this Regulation shall apply to the provisions of international treaties.
Article 4. All information of the unit provides information on the Internet, the website said in this regulation must be done according to the following rules: 1. The content of the information is not prejudicial to the independence, sovereignty and territorial integrity of the Republic of Vietnam Socialist; Don't be inciting people against the State of the Socialist Republic of Vietnam, to sabotage the great unity.
2. do not provoke violence, propaganda war invasion causing hatred between peoples and the people of the country, provoking salacious, debauchery, crimes.
3. do not disclose State secrets, military secrets, security, the economy, Foreign Affairs and the other secret due to the laws of the Socialist Republic of Vietnam.
4. do not provide information on the Internet, set up a website on the Internet without the license of the Ministry of culture-information.
5. do not provide the information left philosophy, purpose, scope of information were the Ministry of culture-information.
Article 5. The content must be indicated on the home page, the face of the unit to provide information on the Internet, the electronic news site on the Internet: 1. The name of the provider of the information, website.
2. The name of the governing body (if any).
3. License number, date of issue, the licensing agency.
4. They, responsible person name of the unit provides information and website.
Chapter II CONDITIONS and LICENSING PROCEDURES to article 6. Licensing conditions: 1. for the agencies, organizations, enterprises of Vietnam:-have the written approval of the governing body.
-For agencies must clearly define the type of information provided, content, categories, frequency of updating information.
-Have authorized responsible person for the content of information, there are information management profession.
-Have sufficient technical means for providing information, the Internet domain address is valid.
2. for the agencies, foreign organizations in Vietnam:-for diplomatic, consular, representative offices of international organizations, intergovernmental organizations, NGOs, the foreign press, including the head of the agency that wanted to provide information over the Internet in Vietnam must be approved in writing by the Ministry of Foreign Affairs Affairs of the Socialist Republic of Vietnam (hereinafter the Ministry).
-For representative body the organisation of economic, scientific, cultural organization, foreign organizations, companies, enterprises of foreign countries; economic institutions, companies, enterprises of foreign investment must be qualified in legal activities in Vietnam, an official based in Vietnam.
-Have legal representative responsible for the content of information.
-Must clearly identify the type of information provided on the Internet, the content of information.
-Have sufficient technical means for providing information, the Internet domain address is valid.
Article 7. Application for licensing: 1. for the agencies, organizations, enterprises of Vietnam.
-License application form required by the Ministry of culture-information.
-A copy of the decision establishing the Agency, organization, enterprises are certified by the State or the competent authority.
-The text recommended by the governing body.
-Active projects, details of plans to provide information on the Internet (the type of information that will provide content, the category).
-The curriculum vitae of the main person responsible for the content and the Member in charge of providing the information certified by the governing body.
2. for the agencies, foreign organizations in Vietnam.
a) for diplomatic, consular, representative offices of international organizations, intergovernmental organizations, NGOs, the foreign press.
-Affidavit of registration license site settings according to the model defined by the Ministry of culture-information (signed by the legal representative or authorized person responsible for contents).
-The text suggested by the Foreign Ministry.
-Project works, detailed plan about putting information on the Internet (the type of information that will provide content, the category).
b) with respect to the representative body the organisation of economic, scientific, cultural organization, foreign organizations, companies, enterprises of foreign countries; economic institutions, companies, enterprises of foreign investment.
-Affidavit of registration license site settings according to the form prescribed by the Ministry of culture and information (signed by the legal representative or authorized person responsible for contents).
-A copy of the investment license, a license to open a representative office and papers related to the activities of the organizations, companies, Enterprise name, certified by the State of Vietnam.
-Project works, detailed plan about putting information onto the Internet network (the type of information that will provide content, the category).
-Curriculum vitae the person responsible for the content, the Member in charge of providing information.
Article 8. The licensing procedure of all organs, organizations, enterprises in Vietnam have needs like to offer information on the Internet, set up a website on the Internet in Vietnam have to do procedures for permission to send the Ministry of culture-information (Press Service).

Within 30 days of receipt of coatings, the Ministry of culture and information have a responsibility to consider and resolve the licensing. Where does licensing, Ministry of culture-information answered in writing and stating the reason.
Article 9. Ministry of culture-information (Press Service) direct Licensing application that provides information on Internet, set on the Internet website of the Agency, foreign organizations, the entity has foreign elements and the organs, organizations, enterprises.
The Department of culture and information, the province, the central cities reception and evaluation of application for the license to provide information over the Internet, set up a website on the Internet of the agencies, organizations, local businesses and have the text suggested the Ministry of culture and information, review licenses.
Chapter III INSPECTION, checking, REWARDING and HANDLE breach of article 10. Inspection check.
Specialized inspection of culture and information, made the specialized inspection functions under the provisions of the law.
The press service of the Ministry of culture and information have a responsibility to lead, in cooperation with relevant agencies held annually or periodically check check the irregular use of the license provides the information on the Internet, website activity on the Internet.
Article 11. Rewarding.
The agencies, organizations and individuals instrumental in the discovery of the violation of the regulations on information provided in Decree 55/2001/ND-CP and the provisions of a regulation will be rewarded according to the regulations of the State.
Article 12. Handle violation.
The processing violates the provisions on providing information on the Internet, website activity on the Internet made under the provisions of Decree No. 55/2001/ND-CP dated 23 August 2001 of the Government on the Internet and the Decree 31/2001/ND-CP dated 26/6/2001 of the Government on sanctioning administrative violations in the field of culture and information.
Article 13. Jurisdiction to handle the offense.
1. The Ministry of culture and information, the decision to revoke the licence to provide information on the Internet, website activity on the Internet.
2. the people's Committee of the central cities, requires the Department of culture and information Department, central cities to handle violations of the regulations on the provision of information on the Internet in Decree 55/2001/ND-CP and the provisions of a statute in their local jurisdiction are specified in the Decree 31/2001/ND-CP of the Government on sanctioning administrative violations in the field of culture and information.
In the event the breach is particularly serious, the Chairman of the provincial people's Committee, central cities have the right to temporarily suspend the provision of information on the Internet and immediately report in writing to the Minister of culture and information to review the decision.
3. The Department of culture and information Department, central cities is responsible for organizing the implementation of the decision to handle violations of the Ministry of culture and information and the provincial people's Committee, the central cities; revoked license in case the Agency, held in violation of the provisions on providing information on the Internet in Decree 55/2001/ND-CP and the provisions of a statute.
4. specialized inspections of culture – information have the right to inspect, handle violations of the regulations on the provision of information on the Internet in Decree No. 55/2001/ND-CP and the provisions in a statute under the Authority set forth in Decree No. 31/2001/ND-CP of the Government on sanctioning administrative violations in the field of culture-information./.