Joint Circular No. 01/2001/TTLT/TCBĐ-BCA guiding the assurance of network safety and information security in postal and telecommunications activities.

JOINT CIRCULAR

Guidelines for ensuring the safety of telecommunications networks and information security

in postal and telecommunications activities

On November 12, 1997, the Government issued Decree No. 109/1997/NĐ-CP on postal services and telecommunications. To implement the provisions of this Decree, the General Post Office Administration and the Ministry of Public Security have jointly issued guidelines on ensuring the safety of telecommunications networks and information security in postal and telecommunications activities as follows:

I. GENERAL PROVISIONS

1. Ensuring the safety of telecommunications networks and information security in postal and telecommunications activities for Vietnamese agencies, organizations, individuals, and foreign organizations and individuals legally operating in Vietnam (hereinafter referred to as agencies, organizations, and individuals) includes ensuring the safety of telecommunications networks and information security in state management, production, and business activities related to establishing postal and telecommunications networks; providing and using postal and telecommunications services; producing and using radio transmitters and receivers; and installing and constructing postal and telecommunications works.

2. All agencies, organizations, and individuals involved in postal and telecommunications activities must comply with laws on postal services and telecommunications; they are responsible for ensuring the safety of telecommunications networks and information security in postal and telecommunications activities; they are subject to supervision, inspection, and enforcement of requirements for ensuring the safety of telecommunications networks and information security by the General Post Office Administration, the Ministry of Public Security, and other competent state agencies.

II. ENSURING THE SAFETY OF TELECOMMUNICATIONS NETWORKS

Ensuring the safety of telecommunications networks shall be carried out as follows:

1. The General Post Office Administration is responsible for coordinating with the Ministry of Public Security to examine and approve the list of key postal and telecommunications works proposed by postal and telecommunications enterprises to submit to the Government for approval of the list of postal and telecommunications works that need to be guarded and protected by the People's Police Force.

The Ministry of Public Security is responsible for organizing and deploying the People's Police Force to guard and protect key works included in the list approved by the Government.

2. Postal and telecommunications enterprises (hereinafter referred to as enterprises) are responsible for coordinating with units under the Ministry of Public Security to carry out:

a. Developing protection plans; fire prevention and explosion control measures; random and regular inspections of the network and postal and telecommunications works; key works included in the list approved by the Government;

b. Developing emergency response plans when incidents such as unauthorized access and destruction of the network and postal and telecommunications works occur;

c. Organizing protective forces and equipping protective devices for the network and postal and telecommunications works under their management.

3. Business units under the Ministry of Public Security are responsible for guiding enterprises to implement the provisions set forth in points a, b, and c of Clause 2, Section II of this Circular and training and guiding enterprises based on contracts between both parties.

4. Owners of private telecommunications networks, internal network owners, postal and telecommunications agents, and users of postal and telecommunications services are responsible for:

a. Protecting the safe operation of the network, terminal equipment, and login passwords;

b. Not exploiting or allowing others to exploit the network, terminal equipment, and login passwords to cause interference, disruption, or destruction of the network and postal and telecommunications works;

c. Reporting promptly and fully any acts of destroying the network and postal and telecommunications works to enterprises, units under the General Post Office Administration, business units under the Ministry of Public Security, and local People's Committees at all levels.

III. ENSURING INFORMATION SECURITY IN POSTAL AND TELECOMMUNICATIONS ACTIVITIES

Ensuring information security in postal and telecommunications activities shall be carried out as follows:

1. Regarding the issuance of permits for setting up private telecommunications networks and using radio transmitters and receivers for foreign organizations and individuals:

a. Within ten working days, and in special cases not exceeding three working days from the date of receipt of the letter requesting from the Ministry of Foreign Affairs and the valid application file of foreign organizations and individuals in Vietnam who enjoy diplomatic privileges and immunities and consular privileges and immunities, the Ministry of Public Security is responsible for studying and responding in writing to the Ministry of Foreign Affairs and the General Post Office Administration. Based on this, the General Post Office Administration will consider issuing the permit and notify the Ministry of Public Security.

b. Within ten working days from the date of receipt of the letter from the General Post Office Administration and the valid application file of foreign organizations and individuals in Vietnam not falling within the scope specified in point a above, the Ministry of Public Security is responsible for studying and responding in writing to the General Post Office Administration. Based on this, the General Post Office Administration will consider issuing the permit and notify the Ministry of Public Security.

2. Regarding the issuance of permits for setting up public postal and telecommunications networks; providing postal and telecommunications services; setting up private telecommunications networks; producing and using radio transmitters and receivers for Vietnamese agencies, organizations, and individuals:

The General Post Office Administration will review the application files, issue permits, and notify in writing the Ministry of Public Security. In cases where management has been delegated to Regional Post Offices, the Regional Post Offices are responsible for reviewing the application files, issuing permits, and notifying in writing the provincial-level Public Security Departments.

3. Issuing permits for setting up, providing, and using Internet services in Vietnam shall be carried out according to the current regulations of the General Post Office Administration, the Ministry of Public Security, and relevant ministries and sectors.

4. Regarding the issuance of permits for survey design, construction installation, and maintenance of submarine optical cables:

Within fifteen working days from the date of receipt of the official letter from the General Post Office Department and the valid application dossier of organizations requesting permission to survey, design, construct, install, maintain international submarine cable systems passing through Vietnam's territorial waters (internal waters, territorial sea, exclusive economic zone, and continental shelf), the Ministry of Public Security shall be responsible for studying and replying in writing to the General Post Office Department. The General Post Office Department shall compile the opinions of relevant ministries and sectors to submit to the Prime Minister for consideration and decision.

5. The Ministry of Public Security and the General Post Office Department shall cooperate to direct and guide emergency measures to prevent the provision and use of postal and telecommunications services against the Socialist Republic of Vietnam, infringing upon national security, public order, social safety, violating morals, customs, and other activities that violate the law.

6. Units under the General Post Office Department and business units under the Ministry of Public Security shall cooperate to ensure information security in the following areas:

a. Inspect, examine, and handle violations of information security in the establishment of postal and telecommunications networks; provision and use of postal and telecommunications services; production and use of radio transmitters and receivers; construction and installation of postal and telecommunications works; operation of postal and telecommunications services contrary to the law;

b. Examine and handle violations of goods traded through postal services according to the provisions in Circular Joint No. 05/TTLT dated July 26, 1997 issued by the General Post Office Department, the Ministry of Trade, the Ministry of Public Security, and the Ministry of Finance, and Circular Joint No. 06/1998/TTLT-TCBĐ-TCHQ dated December 11, 1998 issued by the General Post Office Department and the General Customs Department;

c. Implement directives and guidance from the General Post Office Department and the Ministry of Public Security to develop emergency plans to ensure information security in postal and telecommunications operations; implement technical and operational measures to detect, prevent, and handle actions exploiting postal and telecommunications networks to infringe upon national security, public order, and social safety.

7. Enterprises shall be responsible for:

a. Cooperating with units under the General Post Office Department, business units under the Ministry of Public Security, and competent state agencies to implement technical and operational measures when necessary to detect, prevent, and handle actions exploiting postal and telecommunications networks to infringe upon national security, public order, and social safety;

b. Cooperating with units under the General Post Office Department, business units under the Ministry of Public Security, and competent state agencies in inspecting and controlling information security in postal and telecommunications activities;

c. Providing premises, network access points, and necessary technical conditions for business units under the Ministry of Public Security while performing tasks to ensure information security in postal and telecommunications activities;

d. Timely and fully providing related information to the General Post Office Department, business units under the Ministry of Public Security, and competent state agencies performing tasks to ensure information security in postal and telecommunications activities;

đ. Disseminating and providing necessary information about new technology and techniques in the field of postal and telecommunications to business units under the Ministry of Public Security to serve information security management work;

e. Guiding users of postal and telecommunications services to protect the content of information in accordance with the State Secrets Protection Ordinance.

8. Owners of private telecommunications networks, internal networks, postal and telecommunications agents, and postal and telecommunications users shall be responsible for:

a. Adhering to the State Secrets Protection Ordinance; being legally accountable for the content of information stored and transmitted on the network when using postal and telecommunications services;

b. Cooperating and timely and fully providing related information to competent state management agencies to perform inspection, examination, and handling of violations of information security in the operation of private telecommunications networks, internal networks, and the use of postal and telecommunications services.

IV. IMPLEMENTATION

1. The General Post Office Department and the Ministry of Public Security within their respective duties and powers shall cooperate with competent state agencies to guide organizations and individuals to comply with postal and telecommunications laws and implement measures to ensure the safety of the network and information security in postal and telecommunications activities.

2. This Circular shall take effect fifteen days from the date of signature and replace Circular Joint No. 01/TTLB dated January 2, 1993 issued by the General Post Office Department and the Ministry of Home Affairs (now the Ministry of Public Security) on strengthening the protection of the safety of the Vietnamese telecommunications network.

During implementation, if any difficulties arise, agencies, organizations, and individuals should report to the General Post Office Department and the Ministry of Public Security for prompt guidance and resolution.