CIRCULAR guiding the implementation of Decree No. 55/2001/ND-CP of the Government on management, provision and use of internet access services, internet connection service and internet application services in telecommunications _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on 23/8/2001, the Government issued Decree No. 55/2001/ND-CP on management, provision and use of Internet services. The General Department of post office guide the implementation of a number of rules on management, provision and use of Internet services is as follows: i. GENERAL PROVISIONS 1. Object and range adjustments.
1.1. This circular guides implementation of the regulation on management, provision and use of the Internet access service, Internet connection service and Internet application services in telecommunication, postal for the following objects: 1.1.1. The Internet service provider business a) business Internet connection service providers (IXP).
b) Enterprise provides services to access the Internet (ISP) c) Enterprise Internet application service providers in the telecommunications, postal (postal OSP, OSP telecommunications).
1.1.2. The unit provides Internet access service using private (private use ISP).
1.1.3. Agent provides Internet access service, dealer Internet application service providers in the telecommunications, postal (hereafter referred to as Internet agents).
1.1.4. The use of the Internet access service, users of Internet application service in postal and telecommunications (hereinafter called the Internet service users).
1.1.5. enterprises to provide telecommunications services related to Internet activities.
1.2. Businesses, agents provide services to other Internet applications and users of other Internet application service not in the postal and telecommunications sectors as information, trade, banking, health, training, etc, in addition to compliance with the rules on access and connectivity in this circular have to comply with the provisions of the law of the relevant professions.
2. The terms in this circular is understood as follows: 2.1. Internet equipment system is a collection of electronic equipment, telecommunications, information technology and other ancillary equipment, including both hardware and software are the objects specified in section I-1 of this circular set at a location whose address and scope determined that it was all right to use under the provisions of the law to serve directly for the provision and use of Internet services.
2.2. Connect the link Internet equipment systems with each other and with the public telecommunications network on the basis of the telecommunications transmission lines built or leased by the business telecommunications service provider.
2.3. network equipment for the Internet is a collection of Internet equipment system of units, the Internet service provider business is connected with each other by the telecommunications transmission lines.
2.4. Internet access service is a service that provides users the ability to access the Internet through Internet equipment systems located at access points to the Internet (Internet POP) of the unit, providing business services.
2.5. the Internet connection services including international Internet connection service (HG services) and domestic Internet connection service (service NIX).
a) international Internet connectivity services serve the exchange of information between Internet equipment system of units, the business Internet service provider in the country with the international Internet.
b) Internet connection services in the country serve the exchange of information between the systems of Internet devices, Enterprise Internet service provider in the country with each other.
2.6. The Internet application service in postal services is the main post office in which businesses have used Internet appliance network to provide services to users. Business service providers in the Internet application called OSP postal postage.
2.7. Internet application service in telecommunications is a telecommunications service value in that businesses have used the network of Internet devices to provide services to users. Business Internet application service providers in telecommunications called OSP telecommunications.
3. The supply and use of the Internet connection services, Internet access services, Internet application services in telecommunication, postal is made through the form of contracts varies according to the provisions of the law.
3.1. The contract offer and Internet connection services, contract agents provide Internet access service, contract agents provide service Internet applications in telecommunications, postage must be made in writing to the signing between the two sides. On the basis of the provisions of the law of contract, the regulations on the management of supply and use of Internet services, the IXP, ISP, OSP, OSP telecommunications is responsible for construction, issued the contract templates to perform unity in the business.
3.2. Under conditions of actual business ISP, OSP, OSP telecommunications decided the form of contracts for the supply and use of the Internet access service, Internet application services in telecommunication, postal. In the cases of contracts made dứới forms of the text signed between the two sides, the ISP, OSP, OSP telecommunications is responsible for construction, issued the contract templates to perform unity in the business.
II. RIGHTS And OBLIGATIONS Of The PARTIES In The PROVISION And USE Of INTERNET SERVICES 1. The rights and obligations of the units, Internet service provider business.
In addition to the General rights and obligations stipulated by law, units, business Internet service provider has the following rights and obligations: 1.1. The right of the unit, the Internet service provider business.
1.1.1. the IXP: a) build or hire telecommunications transmission lines in the country to set up the network of Internet equipment at the premises of the business to provide Internet connection services for the ISP, ISP and OSP private use.
b) transmission line Rental Telecom's international businesses to offer telecommunications services have been licensed to provide telecommunications services in Vietnam to connect your device to the network with the Internet.
c) proactive negotiations and signing of the agreement in connection with the Internet service provider to connect to the international network of Internet equipment to Internet service providers and Internet connection for the ISP, ISP user, the OSP in the country.
d) used Internet resources according to planning and resource management rules on the Internet.
DD) Opens and provides the ability to connect to all the services and Internet address.
c) suspend provision of the services or provide services in a limited way during an emergency to ensure national security, at the request of the competent State bodies.
1.1.2. the ISP has the right to: a) system setup Internet equipment at the base and at the public service provides point of business to provide Internet access service for Internet service users in Vietnam and abroad.
b) transmission line Rental of telecommunications in the country to set up networks of businesses and Internet devices connected to the system unit's Internet equipment, Enterprise Internet service providers; with the public telecommunications network; with Internet equipment system of Internet agents and with the users of its Internet service.
c) actively negotiated and signed service agreements with business units to offer Internet services in the country to offer an Internet access service.
d) used Internet resources according to planning and resource management rules on the Internet.
DD) contracts providing and using the services to access the Internet with the use of Internet services and contracting agents to provide Internet access service to organizations and individuals.

e) For the Agency, organization, equipment rental business to the Internet in order to provide the services of Internet applications, Internet information services; for users of Internet Services Internet equipment rental to put the kind of electronic news on the Internet.
g) refuse to provide the service in the following cases: the service provider can not be made due to economic conditions, network engineering, Telecom and the Internet; Internet service user violates laws on the Internet according to the text of the conclusions of the competent State agencies; people use the Internet service does not perform the obligation to pay service charges in accordance with a business offering other services, if there was an agreement in writing between the business service providers with each other on this issue.
h) suspend or stop providing services in the following circumstances: Internet terminal access device causes loss of security for Internet equipment system; for business offers and the use of Internet services; the use of Internet services is not paid according to the service agreement between the two parties; the use of services Internet business Internet service again contrary to law; Internet Services users taking advantage of the Internet to act prejudicial to political security and social order and safety according to the text of the conclusions of the competent State bodies.
1.1.3. private use ISP has the right to: a) system setup Internet equipment at its facility to provide Internet access service to members is to be specified in the licence.
b) transmission line Rental of telecommunications in the country to set up the network of Internet devices of the unit and connect with Internet equipment system of IXP, ISP; with the public telecommunications network and Internet equipment systems of the members use the Internet access service of the unit.
c) Open and offers the ability to access the Internet services at the request of the unit, except the service is banned or not yet allowed provision and the Internet address of the blocked access by the State Management Agency issued and published.
d) used Internet resources according to planning and resource management rules on the Internet.
DD) suspend or stop providing Internet access service if it detects the use of the Internet service members taking advantage of the Internet to act prejudicial to political security and social order and safety.
1.1.4. postal, Telecom OSP OSP has the right to: a) for permission to provide telecom services value added, the postal service on the Internet.
b) system setup Internet equipment at the base and at the public service provides point of business to provide postal services, telecommunication services of value on the Internet in accordance with the provisions of the license.
c) transmission line Rental of telecommunications in the country to set up the network and Internet connection equipment with Internet equipment system of the ISP, IXP.
d) used Internet resources according to planning and resource management rules on the Internet.
Sync is set up the website to serve directly for the Internet application service providers in telecommunications, according to the regulations on the management of the type of electronic news on the Internet.
e) contracts providing and using the services of Internet applications in telecommunications, with the use of Internet services and contracting agents to organizations and individuals.
g) reject, discontinue or suspend the Internet application service providers in telecommunications, postal service for the use of Internet services is done according to the provisions of the section II-1.1.2-g and II-1.1.2-h of this circular.
1.2. the obligations of the business units provide Internet connection services, Internet access services, Internet applications services, postal and telecommunications: a) the correct observance of regulations on licensing and registration under the provisions of the law.
b) implementation of the rules on the management of quality of service.
c) implementation of the provisions on management of service charges.
d) using the correct, effective, save Internet resources are allocated. Compliance with the regulations on the management of Internet resources.
DD) observance of the regulations on the connection and access the Internet.
e) comply with the provisions of the law in ensuring the rights of users of Internet services.
g) issued the process and procedure of extraction service. Popular and Internet dealer guidelines, the use of Internet services in compliance with the provisions on the exploitation, use of the services and information on the Internet in accordance with the provisions of the law.
h) apply measures, professional techniques to ensure safety, security for network devices and information on the Internet. Applied professional technical measures to protect the password, the encryption key and the user's own information services on the Internet.
I) layout, network access point Internet equipment and the conditions necessary for signing the business unit in the Ministry of public security while the duty of ensuring information security in Internet activities.
k) in collaboration with the other units Of the postal Bureau, the business unit of the Ministry of public security, the competent State authorities in cases necessary to detect, prevent and treat the acts of abusing the Internet to operate compromised national security, social order and safety.
l) periodic report 6 months and the situation of providing services as requested by the General Department of post office.
2. Rights and obligations of the Internet dealers.
2.1. Internet dealers have the right to: a) the choice of ISP, OSP, OSP telecommunications to contracted resellers provide Internet access service, dealer Internet application service providers in the telecommunications, postal.
b) system setup Internet devices in the scope of the location that you are authorized to use under the provisions of the law to provide Internet access services, Internet application services in telecommunication, postal for Internet service users in that location.
c) provides Internet access services, Internet application services in telecommunication, postal for Internet service users according to type, quality, price agreed in the contract agent and brokerage Commission, or resell the service for Internet service users on the basis of the ISP's services purchasing OSP, OSP, postal and telecommunications according to the type, quality, pricing, contract agreement dealers and reselling service for Internet service users according to the tariff regulations themselves and take responsibility for the quality of service for Internet service users.
2.2. Internet dealers have the obligation to: a) the correct observance of the rules of registration and pay tax according to the provisions of the law.
b) correct observance of regulations regarding connection and access.
c) in compliance with the provisions of the law on ensuring the rights of users of Internet services.
d) guide the user of Internet services in compliance with the provisions on the exploitation, use of the services and information on the Internet in accordance with the provisions of the law.
DD) safety, security systems for his Internet equipment. Coordinate and facilitate State agencies implement security measures of network equipment for the Internet, information security and prevent crime, investigate computers in Internet functioning.
e) full implementation of the terms and conditions stated in the contract signed with agent ISP, OSP, OSP telecommunications.
3. Rights and obligations of users of Internet services.
3.1. The user of Internet services have the right to:

a) using the mobile Internet access devices, or install system devices in range that his location was right to use under the provisions of the law on access to ISP, ISP connection method with the user directly through the transmission channel or dialing through public telecommunications networks.
b) transmission line Rental of telecommunications in the country to connect its Internet equipment systems to the ISP's Internet equipment systems, private use ISP.
c) use the Internet application service of the OSP in the country and abroad, except the service is prohibited or unauthorized use.
d) Rent place the electronic news type in Internet equipment system of the OSP, ISP in the country and abroad according to the regulations on the management of the type of electronic news on the Internet.
DD) complaints and compensation when his legal rights violated under the provisions of the law.
3.2. Internet service users have the obligation to: a) is responsible for the content of information that you put in the store and circulated on the Internet.
b) is responsible for maintaining the confidentiality of passwords, encryption keys, private information and protect your equipment.
c) does not have access to the Internet service provider by dialing international phone directly. This provision does not apply to the use of services on private rental channel data communication channel, International International (for example X 25. Frame Relay, Etc.) through a contract signed with the service provider business telecommunications.
d) ensure safety, security systems for his Internet equipment. Coordinate and facilitate State agencies implement security measures of network equipment for the Internet, information security and prevent crime, investigate computers in Internet functioning.
DD) paid the full use of the service, on time for business, Internet agent under an agreement between the parties.
e) do not use the Internet application services are prohibited or unauthorized use.
g) Not the business Internet services.
4. Related to Internet activities, business telecommunications service provider is obliged to: a) Non discrimination with regard to the unit, the Internet service provider business, Internet and agents who use Internet services.
b) provide telecommunications transmission lines and infrastructure for businesses, resellers and Internet service users on the basis of the delivery contract between the parties in a fair and reasonable conditions to ensure timely provision and use of Internet services in accordance with the regulations on the quality of rates, by State regulation.
c) in collaboration with the unit, Enterprise Internet connection service providers (IXP), Internet access service (ISP) on the basis of agreements or contracts concluded between the parties in providing the name, address, phone number and the time of access of telecommunications subscribers access the Internet involves the unauthorized use of Internet services. The content of the agreement or contract mentioned above is consistent with the current regulations regarding telecommunications and the Internet for ensuring the Organization's information confidential, personal. The unit, Enterprise Internet service providers only use the above information for the resolution of complaints related to the unauthorized use of Internet services.
d) coordinate and facilitate State agencies implement security measures of network equipment for the Internet, information security and prevent crime, investigate computers in Internet functioning.
III. GRANT Of LICENSE 1. The license type a) license to provide Internet connection service for IXP.
b) license to provide Internet access service for ISPS.
c) license to provide Internet application service levels for postal in the OSP.
d) license Internet application service providers in telecommunications grants OSP telecommunications.
Sync license to provide Internet access service for private use ISP.
2. the term of the license is determined according to the requirements of the Agency, organization, enterprises for permission; the scale and scope to provide services but must not exceed 10 years for all of the license types mentioned above.
3. The licensing guidelines.
3.1. Fit with strategy, planning, Internet development plan Vietnam.
3.2. Priority schemes for permission to provide services to the remote areas; serve directly the development of information technology; conditional deployment of network equipment for the Internet, in fact, have the scale to deploy extensive networks, to ensure for the people using the services to access, Internet connection services by local telecommunications charges, inner region. With regard to the provision of Internet connection services, priorities for the business backbone system Telecom to rapidly deploy Internet device on the network.
3.3. Units, enterprises are only allowed to officially offer the service after it was made and the actual full implementation of the provisions of the license, the commitment in the dossier and confirmed in writing by the delegation checked by the General Department of post office established. Interdisciplinary inspection group to check the situation on the actual deployment of network equipment for the Internet and measures to ensure the safety and security of the information on the basis of the unit's commitment, the business of permission schemes.
4. Bureau licensing agency post Office issued, modified, supplemented, renew and revoke the licence to provide Internet connection service (IXP), offer Internet access service (ISP), offers Internet access service using private (private ISPS), Internet application service providers in the telecommunications, postal (postal OSP OSP, telecommunications). The address of receiving and processing the application for the license: the postal administration, 18-Nguyen Du, Hanoi.
5. license fees apply according to the current rules of the Ministry of finance.
A. The LICENSE CONDITIONS 6. Licensing conditions provide Internet connection service (IXP).
6.1. Conditions of legal status.
a) State enterprises or joint-stock companies in which the State seized the shares dominated or special shares.
b) has operational experience in the field of telecommunications or information technology with minimum time is 3 years.
6.2. technical conditions.
The project provides services in business license application must ensure the following conditions: a) the original Internet appliance network of the business must be at least 2 Internet device system provides both the IIG and service offerings in two different regions of NIX. The system of enterprise's Internet equipment must be connected to each other and connect with at least 2 paths to the Internet. Telecommunication transmission line capacity initially in each direction in the water and go international must reach a minimum 2 Mb/s. b) have developed network of Internet equipment and viable business plan and in accordance with the current rules about connection, prices, quality of service and Internet resources.
c) network equipment for the Internet of the business must have the standby to ensure safety for the active offer of services connected to the Internet when there are technical problems.
6.3. conditions of safety, information security: there are technical, professional safety, security for Internet equipment and system of information on the Internet, especially in the case of an emergency affecting the national security may suspend the supply or offer limited Internet connectivity services as requested by the governing body of the competent State.
7. review of license conditions offer Internet access service (ISP).
7.1. Conditions of legal status.

a) businesses of all economic sectors. Particularly for foreign enterprises and enterprises with foreign investment, wants to set up the network and Internet devices to provide Internet access service in Vietnam, must comply with the regulations on the management of foreign investment in Vietnam and the international treaties to which Vietnam signed or joined.
b) has operational experience in the field of telecommunications or information technology with minimum time is 2 years.
7.2. technical conditions.
The project provides services in business license application must ensure the following conditions: a) the original Internet appliance network of enterprises must have at least 2 Internet access point (Internet POP) set in 2 provinces, central cities. This condition does not apply to the remote areas.
b) have developed network of Internet equipment and viable business plan and in accordance with the current rules about connection, prices, quality of service and Internet resources.
c) network equipment for the Internet of the business must have the standby to ensure safety for the operation to provide Internet access service when there are technical problems.
7.3. The conditions of safety, information security: there are technical, professional safety, security for Internet equipment and system of information on the Internet at the request of the State Agency of competent jurisdiction.
8. review the licensing conditions provides Internet access service using private (private use ISP).
8.1. The Agency, organization, business license, please be the focal organization providing Internet access service for members of two or more organizations, agencies, businesses have the same active nature or purpose of the work and are linked with each other through Charter operations or text defined the general structure or form link , joint activities between the members.
8.2. The provision of Internet access service using private not for business purposes and guaranteed profit.
8.3. There are technical, professional safety, security for Internet equipment and system of information on the Internet at the request of the State Agency of competent jurisdiction.
9. review the licensing conditions provide Internet application services in telecommunication, postal (postal OSP, OSP telecommunications).
9.1. Conditions of legal status.
9.1.1. OSP telecommunications: a) the businesses of all economic sectors. Foreign enterprises and enterprises with foreign investment, wants to set up an Internet appliance network and Internet application service providers in telecommunications in Vietnam, must comply with the regulations on the management of foreign investment in Vietnam and the international treaties to which Vietnam signed or joined.
b) has operational experience in the field of telecommunications or information technology with minimum time is 2 years.
9.1.2. OSP: postal business has experienced the postal service providers in Vietnam with minimum time is 2 years.
9.2. technical conditions, professional.
The project provides services in business license application must ensure the following conditions: a) have viable and consistent with the current rules about connection, prices, quality of service and Internet resources.
b) network equipment for the Internet of the business must have the standby to ensure safety for the operation of Internet application service provider when there are technical problems.
9.3. The conditions of safety, information security: there are technical, professional safety, security for Internet equipment and system of information on the Internet at the request of the State Agency of competent jurisdiction.
B. LICENSING PROCEDURE 10. Application for license.
Application of license units, the business was established as 3 (1 is the original, the 2nd is a copy). Each record includes: 10.1. Licensing unit of the business units.
10.2. the legal copy decided to set up the unit, enterprise or business registration certificate of the enterprise.
10.3. Organization Charter and operation or text functions, powers, duties and organization of the unit, the enterprise.
10.4. For business permission to provide services to the Internet: the text of the decision establishing the agency business (if any) approved the unit, active enterprises provide Internet service.
As for the organs, organizations, enterprises for permission to provide Internet access service to use the text defines the individual unit please allow the Organization clue is the provision of Internet access service to its members and the regulatory text the General organizational structure or form links, joint activities between the members.
10.5. The scheme provides services to 5 first year include the following: a) business plan (plan provides service for private use ISP) including the type of service; the scope of provided services; standard; the quality of service; service charges, market forecasting, revenue; the total cost of the investment and allocation of funding for each stage; form of investment, manpower.
b engineering plan including) system configuration includes both the primary and backup; Internet equipment system capacity and transmission lines of telecommunications capacity in the country; Internet resources; technical measures, professional secure Internet devices and systems for information security.
11. Processing time of records Of postal Bureau conducted the appraisal and licenses or deny the license within 30 days of receiving a valid profile. The case refused to license the postal administration will respond in writing stating the reason for the unit, please allow a business to know.
12. additional, modified license.
12.1. in the time of validity of the licence, if the unit, the licensed business want to amend and supplement the license must then send the license additional amendments to the General Post Office. Additional application, modify the license include: a) additional application, modify the license.
b) report describes in detail the additional content, edits and related documents.
c) a copy of the license in effect.
12.2. The General Department of post office conducted evaluation and licensing review or reject additional permissions, modify within 20 days of receiving a valid profile. The case rejected additional, modified the license, the General Department of post office will reply in writing stating the reason for the unit, please allow a business to know.
13. Renewal of the license.
13.1. The unit, the licensed business would like to extend the license must submit the application for renewal of a licence to the General Post Office. Application for renewal of the license include: a) an application for renewal of the license.
b) a copy of the license in effect.
13.2. The General Department of post evaluation and review renewals of licenses within 20 days of receiving a valid profile. The case refused to renew the license, the postal administration will respond in writing stating the reason for the unit, please allow a business to know.
13.3. The time to renew the licence or the total time of the renewal permit does not exceed 1 year. After the above mentioned grace period if the unit, businesses want to continue providing the service must then do it again for a new license.
14. The revocation of licenses.
14.1. In addition to the license revocation as stipulated in Article 8 paragraph 41 b Decree No. 55/2001/ND-CP on management, provision and use of Internet services, Internet service provider licenses will be revoked if after the time limit of 1 year from the date of the license, the business unit, not on the actual deployment of the content stated in the licence without reasons.

14.2. The unit, business license revoked due to non-implementation in practice of the content stated in the license, not for back within 2 years from the date the revoked license. After 2 years if the unit, this business want to license must complete the procedure as in the case of the new license, please.
IV. CONNECT 1. The connection between the IXP, ISP, ISP, OSP and private use of public telecoms network is done through contract or agreement signed by the connection between the parties in a fair and reasonable conditions, on the basis of the effective use of Internet resources, the common use of the technical infrastructure and ensure the rights of users of Internet services. The case of the parties agreement not be postal administration will consider and decide on the basis of recommendations of the unit, the enterprise.
2. The ISP, ISP use, OSP is not built that way to hire telecommunications transmission of business telecommunications service provider to set up network of your Internet devices and connected to the public telecommunications network. With Internet equipment system of Internet dealers and users of Internet services. The special case Of the postal Bureau will have separate qhd.
3. The IXP is connected with each other, with the Internet and with international public telecommunications network.
4. The ISPS are connected together, with the IXP and with public telecommunications network.
5. The private use ISP is connected to the ISP, IXP and public telecommunication network but not connected directly with each other.
6. The OSP, the ICP is connected to the ISP, IXP.
7. Internet dealers are connected to the ISP. OSP signed a contract with his agent.
V. COMPLAINTS And COMPENSATION 1. Complaints about businesses.
1.1. The parties to the supply and use of the Internet, the Internet access service, Internet application services in telecommunication, postal complaint about the profession when his legal rights are violated.
1.2. The complaints about service should be made by the complaints sent to the third party. The party claims to deliver the papers, evidence related to the complaint for the Party complained of and responsible for the content of its complaint.
1.3. During the process of the complaint, the complainant Party Advisor must make financial payment obligations according to regulations or by agreement between the parties.
1.4. Time limits complaints about service are defined as follows: a) time limits complaints about prices is 1 month from the date of payment of the fees.
b) time limits complaints about quality of service and the other offense is 12 months from the date of use of the service or the date of the violation.
1.5. The time limit for complaints about services between the parties to be regulated to a maximum of 12 months from the date the Party complained of receiving the complaint.
1.6. In the case of parties to a complaint does not agree with the results of the grievance complained of, then the complaining party may sue to court to settle the proceedings under the provisions of the law or submit a complaint to the postal administration to consider settling in sequence and within the time limit prescribed by the law.
2. Complete the billing and compensation.
2.1. If his fault that businesses provide Internet connection services, Internet access services, Internet application services in telecommunications, postal service does not guarantee the quality of service has announced or signed an agreement with Internet service users, the enterprise must repay part or all of the charges collected.
2.2. The parties to the supply and use of the Internet connection services, Internet access services, Internet application services in telecommunication, postal is responsible for damages caused to the other party in the provision or use of services on the Internet according to the provisions of the law.
2.3. In cases of force majeure as defined by the law of the parties to the supply and use of the Internet connection services, Internet access services, Internet application services in telecommunication, postal exemption of liability in damages for the other side.
VI. ENFORCEMENT Of TERMS 1. This circular effect after 15 days from the date of signing. The previous provisions contrary to this circular are abolished.
2. On the basis of this circular, business units providing connected services, Internet access services and Internet application services in telecommunication, postal responsibility: a) issued the process and procedure of extraction service.
b) popular, guide the Member units, the Internet agent and Internet service user made this circular and related documents.
3. in the implementation process, if there are problems and obstacles, the proposal reflects the timeliness of the General Department of post Office for review, Supplement, modify.