JOINT CIRCULAR No. 01/2001/TTLT-TCBĐ-BCA OF THE POSTAL GENERAL DEPARTMENT AND THE MINISTRY OF PUBLIC SECURITY GUIDING THE ENSURING OF NETWORK SAFETY AND INFORMATION SECURITY IN POSTAL AND TELECOMMUNICATION ACTIVITIES

JOINT CIRCULAR

Joint Circular No. 01/2001/TTLT-TCBĐ-BCA dated June 7, 2001 of the General Post and Telecommunications Department - Ministry of Public Security guiding the assurance of network safety and information security in postal and telecommunication activities

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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 and Telecommunications Department and the Ministry of Public Security hereby jointly guide certain points regarding the assurance of network safety and information security in postal and telecommunication activities as follows:

I. GENERAL PROVISIONS

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

2. All agencies, organizations, and individuals involved in postal and telecommunication activities must comply with laws on postal services and telecommunications; have the responsibility to ensure network safety and information security in postal and telecommunication activities; be subject to supervision, inspection, and enforcement of requirements for network safety and information security by the General Post and Telecommunications Department, the Ministry of Public Security, and other competent state agencies.

II. ASSURING THE SAFETY OF POSTAL AND TELECOMMUNICATION NETWORKS

The assurance of the safety of postal and telecommunication networks shall be carried out as follows:

1. The General Post and Telecommunications Department is responsible for coordinating with the Ministry of Public Security to examine and approve the list of key postal and telecommunication works proposed by postal and telecommunication enterprises for submission to the Government for approval of the list of postal and telecommunication 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 telecommunication 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 prevention plans; conducting random and regular patrols and inspections of the network and postal and telecommunication works; key works included in the list approved by the Government;

b. Developing emergency response plans when critical situations occur such as unauthorized access or destruction of the network and postal and telecommunication works;

c. Organizing protective forces and equipping protective devices for the network and postal and telecommunication 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 instructing enterprises based on contracts between both parties.

4. Owners of private telecommunications networks, internal network owners, postal and telecommunication agents, and users of postal and telecommunication services have the responsibility to:

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

b. Not misuse or allow others to misuse the network, terminal equipment, and login passwords to cause interference, disruption, or destruction of the network and postal and telecommunication works;

c. Timely report any destructive activities involving the network and postal and telecommunication works to enterprises, units under the General Post and Telecommunications Department, business units under the Ministry of Public Security, and local People's Committees at all levels.

III. ASSURING INFORMATION SECURITY IN POSTAL AND TELECOMMUNICATION ACTIVITIES

The assurance of information security in postal and telecommunication 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 of request from the Ministry of Foreign Affairs and the valid application for permit from foreign organizations and individuals in Vietnam entitled to diplomatic privileges and immunities and consular privileges and immunities, the Ministry of Public Security is responsible for studying and replying in writing to the Ministry of Foreign Affairs and the General Post and Telecommunications Department. Based on this, the General Post and Telecommunications Department 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 and Telecommunications Department and the valid application for permit from foreign organizations and individuals in Vietnam not falling within the category mentioned above, the Ministry of Public Security is responsible for studying and replying in writing to the General Post and Telecommunications Department. Based on this, the General Post and Telecommunications Department will consider issuing the permit and notify the Ministry of Public Security.

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

The General Post and Telecommunications Department will review applications, issue permits, and notify in writing the Ministry of Public Security. In cases where management has been delegated to Regional Post and Telecommunications Departments, these departments are responsible for reviewing applications, issuing permits, and notifying in writing the provincial or municipal police departments.

3. The issuance of permits for setting up, providing, and using Internet services in Vietnam shall be carried out according to current regulations of the General Post and Telecommunications Department, 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 letter from the General Department of Posts and Telecommunications and the valid application dossier of the organization requesting permission to survey, design, construct, install, maintain international submarine cable lines 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 Department of Posts and Telecommunications. The General Department of Posts and Telecommunications 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 Department of Posts and Telecommunications shall cooperate to issue instructions and guide emergency measures to prevent the provision and use of postal and telecommunications services that are contrary to the Socialist Republic of Vietnam, infringe upon national security, public order, social safety, violate morals, customs, and other activities that contravene the law.

6. Units under the General Department of Posts and Telecommunications 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 of the General Department of Posts and Telecommunications, 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 of the General Department of Posts and Telecommunications and the General Customs Department;

c. Implement directives and guidance from the General Department of Posts and Telecommunications 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 Department of Posts and Telecommunications, 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 Department of Posts and Telecommunications, 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 Department of Posts and Telecommunications, 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 users of postal and telecommunications services shall be responsible for:

a. Adhering to the State Secrets Protection Ordinance; bearing legal responsibility 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 Department of Posts and Telecommunications 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 of the General Department of Posts and Telecommunications and the Ministry of Home Affairs (now the Ministry of Public Security) on strengthening the work of ensuring the safety of the Vietnamese telecommunications network.

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