Advanced Search

Circular 8/ttlt: Guiding The Connection, Supply And Use Of The Internet In Vietnam

Original Language Title: Thông tư liên tịch 08/TTLT: Hướng dẫn cấp phép việc kết nối, cung cấp và sử dụng INTERNET ở Việt Nam

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Circular CIRCULAR guiding the connection, supply and use of the Internet in Vietnam pursuant to Decree No. 21/CP dated 5 March 1997 from the Government of issuing "provisional regulation on management, Setup, using the Internet in Vietnam".
Postal Administration, Ministry of Interior, the Ministry of culture and information, guiding the connection, provision and use of Internet services in Vietnam as follows: i. CHUNG1 RULES. The subject of Internet activity in this circular are understood as following: 1.1. Service providers Internet access connection (IAP) is the Agency, organization, enterprises are allowed to conduct Internet access connection for all Internet service providers.
1.2. Internet service provider (ISP) is the Agency, organization, enterprises are allowed to set up computer information network with a number of IP addresses and provide services: electronic mail, file transfer, remote access data, access the database according to the different methods for units and Internet users.
1.3. Internet service providers using private agencies, organizations, businesses are allowed to set up computer information network to provide Internet services for the members of his unit's internal business purposes.
1.4. The use of Internet services is personal use of the computer or the organization using a computer, a computer network connected to the Internet through subscription contracts with Internet service providers, or a contract in principle with Internet service providers to use.
1.5. information content provider on the Internet (ICP) is the Agency, organization, business information and the database provides over the Internet through your Internet service provider.
2. All activities connected, supply and use of the Internet in Vietnam are subject to the provisions of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government and the direction of this circular.
 II. Procedure For GRANTING PHÉP1. 1.1 license application. For the service provider to connect to access Internet Agency, organization, enterprises meet the requirements of article 5 of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government, after doing the full procedure stated in article 7 of the said regulation , want to provide Internet access connection service is applying for a license in the licensing agency.
License application consists of: 1. The application allows backbone information network organization in the country and the international door to provide access connection services send Licensing Agency (according to model);
2. certified copy of the decision establishing the Agency, organization, enterprises;
3. Affidavit of backbone information network structure, including the figures: the amount of airtime, the number and location of the most recent international ports, the number and the function of the service provider network servers; the measure and control equipment, control of security of the information that corresponds to the scale of operations for (according to model);
4. detailed plans, schemes of providing connectivity services access and the type of services;
5. brief history of the network Executive Committee members of the governing body;
6. Rates the service fit the frame rate specified by the postal administration;
7. Sample contracts with Internet service providers.
1.2. With respect to Internet service providers.
The Agency, organization, enterprises meet the requirements of article 5 of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government, after doing the full procedure stated in article 7 of the said regulation , want to provide Internet service to applying for a license in the licensing agency.
License application consists of: 1. The application allows the Organization of computer information network Internet connection and an Internet service provider send Licensing Agency (according to model);
2. certified copy of the decision establishing the Agency, organization, enterprises;
3. Affidavit of network structures, including the figures: the number and the function of the service provider network servers; the equipment test, control and measures to ensure the security of the information that corresponds to the scale of operations for; the number of users expected (according to model);
4. The project, details of the plan to provide services: types, quality, range of offers; the object providing the service;
5. brief history of the network Executive Committee members of the governing body;
6. Rates the service fit the frame rate specified by the postal administration;
7. Sample contracts with Internet service providers to use.
8. Contract form with the use of Internet services.
1.3. for the service providers to the Internet user.
The Agency, organization, enterprises meet the requirements of article 5 of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP dated 11/3/1997, want to provide Internet services for the purpose of private use is applying for a license in the licensing agency.
1.3.1. for Internet service providers to use their own Vietnam, license application, including: 1. The application allows the Organization of computer information network Internet connection and an Internet service provider send Licensing Agency (according to model);
2. certified copy of the decision establishing the Agency, organization, enterprises;
3. Affidavit of network structures, including the figures: the number and the function of the service provider network servers; the equipment test, control and measures to ensure the security of the information that corresponds to the scale of operations for; the number of users expected (according to model);
4. The project, a detailed plan to provide services: types, quality, range of offers; the object providing the service;
5. brief history of the network Executive Committee members of the governing body;
6. principle of contract form with the user of the unit.
1.3.2. for Internet service providers to use private international institutions, diplomatic, foreign organizations, foreign enterprises in Vietnam, license application, including: 1. The application allows the Organization of computer information network Internet connection and an Internet service provider send Licensing Agency (according to model);
2. certified copy of certificate of legal bodies, organizations and enterprises;
3. Affidavit of network structures, including the figures: the number and the function of the service provider network servers; equipment for secure information; the number of users expected (according to model);
4. The project, a detailed plan to provide services: types, quality, range of offers; the object providing the service;
5. The form of the contract in principle with the use of the unit.
1.4. for individual Internet users to use the computer or hosted using the computer, the computer network would like to use Internet services must sign contracts with Internet service providers or contract in principle with Internet service providers to use.
1.5. for information content providers, agencies, organizations, enterprises meet the requirements of article 5 of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP dated 11/3/1997, want to take this kind of information (audio pictures, movies, pictures, games, media, text, ...) the information and content on the Internet is applying for a license in the licensing agency.
License application consists of: 1. The application allows network information organization brought up the Internet send licensing agency of the governing body (according to model);

With regard to the diplomatic corps, international organizations must be certified by the Ministry of Foreign Affairs of the Socialist Republic of Vietnam;
2. certified copy of the decision establishing the Agency, organization, enterprises;
With regard to economic organizations, foreign enterprises must have active licenses or permits;
3. The scheme, a detailed plan to provide content information: type of information would provide; the quality of information; the scope of supply;
4. brief history of the members in charge of providing the information of the governing body;
5. Rates of this type of information would provide.
2. licensing procedure 2.1. The new 2.1.1 license grant. Reception of the record holder may apply for permission to file 03 (three) sets of records for the licensing agency.
Application for licensing of providers of Internet access services (IAP), Internet service provider (ISP) filed in the General Post Office.
Application for licensing of the Internet service providers use the postal Bureau in the area according to the partition.
Application for licensing of providers of information content on the Internet (ICP) filed at the Ministry of culture-information.
Only records that are received when there is full text as specified in the application for the license.
2.1. Processing profile.
After receiving records, licensing agencies conducting the review of records according to their functions, at the same time posted 01 (a) record for the Interior Ministry to approve the equipment test, control and measures to ensure information security.
During 15 days from the receipt of the record, the Interior Ministry to answer comments approved or not for the licensing agency in writing. After the time limit on, if the Interior Ministry does not have the comments course record as approved.
2.1.3. The reply results within 30 days of receiving the application, the licensing agency must look to license owners can join Internet activity. The case is not approved, the licensing authority must answer and stating the reason.
The network was put into operation only after the confirmation in writing of the Ministry of the Interior of the equipment test, control and measures to ensure adequate information security operational scale of the subject please.
2.2. Change or supplement the license.
If the subject of Internet activity like to change purpose, active content must make application for changes or additional licenses. The profile and the same procedure as new licensing records.
When the new licensing, the licensing authority to revoke old license.
2.3. The validity of the license.
Depending on the subject and type of Internet activity that determines the term of validity of the licences, but no more than 5 years. After that time the subject of Internet activity like to operate next to the license request procedure.
2.4. To renew the license.
Before the license expired three months, if the owner can join Internet activities would like to extend the license renewal application should send the Agency licensed under the provisions of the new licensing section.
Within 30 days of receipt of the application, the licensing authority must answer results for license renewals subject to know. The case is not approved, the licensing authority must clearly state the reason.
 III. RELATIONS BETWEEN the SERVER RUNNING INTERNETNhà service providers connect access, service providers, Internet service providers are only allowed to use the contract after having the license of the Agency's activities.
The contracts are regulated in detail the responsibilities of each party, to ensure the fair, reasonable, in accordance with the laws of the State, with the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government, with postal regulations-telecommunications and Internet Services mining rules.
 IV. The RESPONSIBILITIES Of The ACTIVE SUBJECT INTERNET1. The responsibility of the service provider to connect to access the Internet.
1-Organization information network backbone here to meet the needs of Internet access by Internet service providers;
2-fulfill the terms stated in the contract with the Internet service provider;
3-must have adequate control equipment, control and measures to ensure the security of the information that corresponds to the scale of operation for and create favorable conditions for the body to function implemented measures to ensure information security for the information flow going through the international gateway;
4-compliance technology solutions and technical standards by the National Coordination Committee on the Internet, the Ministry of science, technology and environment and the postal administration issued;
5-make periodic reports on the situation three months Internet access activities; changes in the contents stated in the license application and submit the licensing agency. When necessary, the licensing agency reporting requirements.
2. The liability of Internet service providers 1-use or allow the user to use network-connected devices with suitable technical standards according to Internet standards in Vietnam;
2-ensure quality services such as: networking, usability of the system access through phone, through private rental channels etc.;
3-to fulfill the terms stated in the contract with the service provider to connect to access the Internet, with Internet service providers and private users with users of Internet services;
4-manual, training people to use the Internet service done right the mining process, storage devices, computer;
5 must-have adequate control equipment, control and measures to ensure the security of the information that corresponds to the scale of operation for and create favorable conditions for the relevant authorities implement solutions ensuring information security to join his network. Instructions and check the use protected information under the Ordinance on protection of State secrets and subject to the check and control of State administration concerned about technical standards, quality of service and ensure the security of information, national security;
6-make periodic reports on the situation three months supply of Internet services; changes in the contents stated in the application for the license; list of Internet users send licensing agency. When necessary, the licensing agency reporting requirements.
3. The liability of Internet service providers use.
1-use or allow the user to use network-connected devices with suitable technical standards according to Internet standards in Vietnam;
2-ensure quality services such as: networking, usability of the system access through phone, through private rental channel, etc.;
3-the full implementation of the provisions in contracts with Internet service providers and Internet service users;
4-manual, training people to use the Internet service done right the mining process, storage devices, computer;
5 must-have adequate control equipment, control and measures to ensure the security of the information that corresponds to the scale of operation for and create favorable conditions for the relevant authorities implement solutions ensuring information security to join his network. Instructions and check the use protected information under the Ordinance on protection of State secrets and subject to the check and control of State administration concerned about technical standards, quality of service and ensure the security of information, national security;
6-make periodic reports on the situation three months providing Internet services, changes in the content stated in the application for the license; list of Internet users send licensing agency. When necessary, the licensing agency reporting requirements.

Internet service providers are private international organizations, diplomatic agencies, external organizations are responsible to make the points 1, 2, 3, 4 and 6 of this section.
4. Responsibilities of users of Internet services.
1-accepted the terms of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government and the specific provisions in contracts with Internet service providers or Internet service providers used;
2-Create favorable conditions for the relevant authorities implement measures to ensure information security and compliance with Ordinance on protection of State secrets;
3-subject to the test of Internet service providers or Internet service providers used; of the relevant authorities of State administration on issues related to the use of Internet services.
Arbitrarily linked computers or computer networks by telephone to the Internet through the address of your Internet service provider or Internet service providers use their permission; the use of mobile phones, the private rental channel, the other connection method to access the Internet through servers abroad as violating the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on 5/3/1997 of the Government.
5. The responsibility of the content provider information 1-subject to the checks, the control of State administration concerned about technical standards, quality of service and ensure the security of information, national security;
2-To ensure that the requirements in article 3 of the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government and law observance of copyrights;
3-in compliance with the regulation on the content of the information provided by the Ministry of culture and information;
4-make periodic reports on the situation three months using Internet services, providing information content; changes in the content of the record on file please send license granted. When necessary, the licensing agency reporting requirements.
 V. PROCESSING of MICRO PHẠMCác server can join Internet activity violates the provisions in the "provisional regulations on the management of thoài lưỡng, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government may be active suspension, revocation of license, administrative sanction or prejudice criminal liability under current law.  
VI. Organization Of FOOD HIỆN1. This circular effect after 15 days from the date of signing, all provisions contrary to this circular are repealed.
2. This circular applies to all connection objects, provide and use Internet services on the whole territory of Vietnam.
3. Since this circular effect, during the 30 days the computer network or computer connected to the Internet in any form must be deactivated if not yet licensed under the "interim regulations on management, Setup, using the Internet in Vietnam" attached to the Decree 21/CP on May 3, 1997 by the Government.
4. In the Task Manager, if any problems arise which are not yet regulated in this circular, the ministries and local proposals to the National Coordination Committee on the Internet decided to./.