Joint Circular No. 02/2005/TTLT-BCVT-VHTT-CA-KHĐT on the management of Internet agents

JOINT CIRCULAR

On the management of Internet agents

On the basis of Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services;

On the basis of Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

Pursuant to Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Pursuant to Decree No. 136/2003/ND-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to the Government Decree No. 61/2003/NĐ-CP dated June 6, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

The Ministry of Posts and Telecommunications, Ministry of Culture and Information, Ministry of Public Security, Ministry of Planning and Investment, hereby unify the guidance on managing Internet agents as follows:

I. GENERAL PROVISIONS

1. Scope and subjects of application:

This Circular applies to business activities of Internet agency operations in Vietnam. The subjects regulated by this Circular include enterprises providing Internet access services, enterprises providing Internet application services in postal and telecommunications, Internet agencies, and users of Internet services at agencies.

This Circular does not apply to the use of public Internet services at schools.

2. Explanation of Terms:

Internet agent: is an organization or individual in Vietnam acting on behalf of enterprises providing Internet access services and Internet application services to provide Internet access and application services to users through agency contracts and receive remuneration.

Enterprise providing Internet services: are enterprises providing Internet access services (ISP), Internet application services in postal and telecommunications (OSP postal, OSP telecommunications).

3. Strictly prohibited acts:

a) Storing on computers connected to the Internet information, documents, data classified as state secrets, military secrets, security, economic, diplomatic secrets, and other secrets prescribed by the laws of the Socialist Republic of Vietnam.

b) Using or guiding others to use tools to access Internet information pages (Web pages) that are banned from access by competent state management authorities; sending, spreading, disseminating computer viruses, software programs with functions to steal information, destroy computer data onto the Internet; disrupting, hindering the provision and use of Internet services; exploiting the Internet to oppose the Socialist Republic of Vietnam, causing disturbances to public order, infringing upon the interests of agencies, organizations, individuals; violating morals, customs; establishing Web pages, organizing forums on the Internet with content guiding, enticing, inciting others to commit such acts.

c) Providing services to users without a business registration certificate for Internet agency operations and an agency contract signed with an enterprise providing Internet services.

d) Using prepaid Internet cards to act as an agent to provide Internet services to the public.

e) Accessing foreign Internet service providers by directly dialing phone numbers.

II. CONDITIONS FOR OPERATING INTERNET AGENCY BUSINESS

Organizations and individuals wishing to engage in Internet agency business must commit to ensuring compliance with the following conditions and procedures:

1. Having a dedicated location and floor space for Internet agency operations, having lawful rights to use the location and floor space. The location and floor space must be appropriate to the scale of the agency's business operations and meet the standards:

a) Minimum usable area for each computer is 1m². All computer screens, audiovisual equipment used for services must be installed in a manner that allows managers to easily observe.

b) Equipped with fire prevention and firefighting facilities in accordance with the law on fire prevention and firefighting.

c) Measures to protect the environment, hygiene, sound, light, and other conditions to ensure safety and health for service users.

2. The head of the agency must have a computer proficiency certificate level A or higher. In cases where the head of the agency does not have a certificate, they must hire employees with computer proficiency certificates at level A or higher to guide and monitor users' compliance with regulations governing the use of services at Internet agencies.

For locations of Internet agency operations arranged into separate independent rooms, the head of the agency must assign separate staff to guide and monitor each room (one staff member responsible for one room).

3. Registering for business at the local business registration authority in accordance with the law.

4. Signing an agency contract with an enterprise providing Internet services.

5. Investing in a centralized server system to implement technical and operational measures to ensure device safety and information security commensurate with the scale of the agency's business operations. Equipping Internet agency management software provided by the enterprise providing Internet services under the agency contract.

6. Having a diagram of the computer system used at the Internet agency, in which computers are numbered according to their positions.

7. Maintaining a book compiling state regulations on the management and use of Internet services for users to refer to and guide users to comply with these regulations when requested by users.

8. Displaying usage rules for Internet services at the location of Internet agency operations in a convenient and visible position for Internet service users of the agency. These rules must clearly and fully record prohibitions stipulated in Article 11 of Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on the management, provision, and use of Internet services; operating hours of the agency; charges for using Internet access and application services; the rights and obligations of Internet service users as specified in Section VI of this Circular.

III. RIGHTS AND OBLIGATIONS OF INTERNET AGENCIES IN THE PROCESS OF OPERATING AS AGENTS

In addition to the general rights and obligations prescribed for telecommunications agencies in Article 41 of the Postal and Telecommunications Ordinance, during the process of operating Internet agency businesses, they are responsible for fulfilling the following rights and obligations:

1. Being permitted to operate at the agency's business location from 6 am to midnight daily.

2. Guiding and monitoring users to comply with regulations on the use of Internet services; taking preventive, detection, and timely measures to stop customers who violate the agency's rules and laws regarding the Internet.

3. Establish a service usage registration book in which to fully and detailedly record information about service users and guarantors for those under 14 years old, including full name; permanent address; national identity card number, passport number (for foreigners) or other valid documents such as business cards, driver's licenses, student IDs, etc., along with the computer station location and the time period during which the service was used. The Internet Service Provider shall be responsible for the authenticity of the information recorded in the book and shall also be responsible for preserving and maintaining the service usage registration book to provide it to state management agencies upon request.

4. Install software programs to manage the Internet Service Provider, while implementing technical solutions to ensure blocking access to websites containing harmful content on the Internet. The Internet Service Provider may only provide information about users to state agencies with authority.

5. Utilize the installed management software program to retain information about service users including visited addresses, access times, types of services (email, chat, FTP, Telnet...) for a period of 30 days. The retention period starts from when the information goes to/from the server to serve competent authorities in ensuring information security.

6. Provide complete data regarding technical configuration, traffic connection diagrams within the managed scope of the provider truthfully and in detail to state management agencies upon request.

7. Within six months from the date of signing the agency contract with the Internet service provider company, the Internet Service Provider must participate in training sessions organized by the company that signed the agency contract with them for Internet Service Providers.

8. Cooperate with the Public Security Agency and other state agencies to implement requirements to ensure safety and information security.

IV. RIGHTS AND OBLIGATIONS OF THE INTERNET SERVICE PROVIDER COMPANY TOWARDS INTERNET SERVICE PROVIDERS

In addition to the rights and obligations generally prescribed for telecommunications enterprises under Article 38 of the Post and Telecommunications Ordinance, the Internet service provider company has the responsibility to fully perform the following rights and obligations:

1. Enter into agency contracts with organizations and individuals who meet the conditions stipulated in Points 1, 2, and 3 of Section II and provide Internet access services and Internet application services to the agencies that have signed contracts with them.

2. Cease providing services and terminate the agency contract according to the terms of the contract or when discovering that the agency owner facilitates or intentionally covers up acts of stealing passwords, accounts, spreading viruses, accessing electronic news sites or disseminating materials with obscene, pornographic content, violating social customs and morals, or undermining national security.

3. Develop regulations for managing Internet Service Providers and disseminate them to all Internet Service Providers of the company.

4. Issue model agency contracts for Internet Service Providers.

5. Proactively monitor the implementation of contracts by public Internet Service Providers; cooperate with relevant state management agencies to inspect, check, detect, and prevent violations of law by public Internet Service Providers.

6. Must have centralized management programs and equipment located at the company and connected online to the agency to meet the requirements for managing Internet Service Provider activities.

7. Provide and cooperate with the agency in installing management software located at the agency to communicate online with the centralized management software program of the company to ensure:

a) Management and storage of accessed addresses, types of services, and service usage times of users at the agencies;

b) Management and storage of names and national identity card numbers, passports for foreigners or other valid documents such as business cards, driver's licenses, student IDs of users;

c) Blocking access to Internet information pages containing content opposing the Socialist Republic of Vietnam; disrupting public order and security; violating ethics and social customs; supporting illegal telecommunication postal services according to the requirements of competent state agencies.

8. Within six months from the date of signing the contract with the Internet Service Provider, the Internet service provider company must organize training and guidance for Internet Service Providers who have signed agency contracts with them on management regulations for Internet services, information security regulations, and appropriate technical solutions so that the agency can effectively guide customers to use services for healthy purposes, promptly detect and prevent customers who violate the provisions of Decree No. 55/2001/NĐ-CP dated August 23, 2001 on the management, provision, and use of Internet services and this Circular.

9. During the process of checking and supervising the implementation of contracts by Internet Service Providers, if there is sufficient basis to conclude that the agency owner violates contract terms leading to suspension of the contract, the company shall prepare a report, cease providing services, and send a document to the local Posts and Telecommunications Departments to notify of the violation of law by the agency. Coordinate with telecommunications companies to cut off telephone numbers or telecommunications lines used for Internet access by the Internet Service Provider when requested by the Posts and Telecommunications Department.

10. Report periodically every six months to the Ministry of Posts and Telecommunications (Telecommunications Department) and copy to the Ministry of Public Security (General Security Department), the Ministry of Culture, Sports and Tourism (Press Department) a list of Internet Service Providers.

V. RIGHTS AND OBLIGATIONS OF INTERNET SERVICE USERS AT INTERNET SERVICE PROVIDERS

In addition to the rights and obligations generally prescribed for telecommunications service users under Article 42 of the Post and Telecommunications Ordinance, Internet service users at Internet Service Providers have the responsibility to fully perform the following rights and obligations:

1. Internet service users have the right to choose an Internet Service Provider to use Internet access services and Internet application services in telecommunications.

2. Individuals under the age of 14 using services at Internet service providers must have an adult sponsor and be supervised throughout the entire duration of their service usage at the provider.

3. Shall be responsible for the content of information they input, store, or transmit on the Internet.

4. Shall not input into the Internet or exploit the Internet to disseminate any lewd information, images, or content that violates social customs and traditions, or to oppose the Socialist Republic of Vietnam, disrupt national security, public order, and social safety.

5. Shall not use the Internet to threaten, harass, or insult the dignity and reputation of others.

6. Shall not use software tools to illegally access and use Internet services.

7. Shall not create and intentionally spread computer viruses on the Internet.

8. Shall not steal and use passwords, encryption keys, personal information of organizations or individuals, or disclose such information to others for use.

9. Upon discovering websites or services on the Internet containing content opposing the Socialist Republic of Vietnam, disrupting public order and social safety, shall promptly report to the local Department of Culture and Information or the nearest competent authority for handling.

VI. INSPECTION AND HANDLING OF VIOLATIONS

1. Internet service providers and public Internet service providers are subject to inspection and supervision by state agencies with jurisdiction.

2. Public Internet service providers are directly inspected by Internet service providers regarding compliance with provisions in the agency agreement.

3. The handling of violations by Internet service providers, public Internet service providers, and Internet users in the operation and business of public Internet service providers is carried out by People's Committees at all levels, specialized inspection agencies for culture and information, and specialized inspection agencies for Posts and Telecommunications according to the provisions of Decree No. 55/2001/ND-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services, Decree No. 142/2004/ND-CP dated July 8, 2004 of the Government on administrative penalties for postal and telecommunications offenses and radio frequency offenses, Decree No. 31/2001/ND-CP dated June 26, 2001 of the Government on administrative penalties in the field of culture and information, and Circular No. 05/2004/TT-BBCVT dated December 16, 2004 guiding the implementation of certain provisions on handling administrative violations and complaints and denunciations stipulated in Chapter IV of Decree No. 55/2001/ND-CP of the Government on management, provision, and use of Internet services issued by the Ministry of Posts and Telecommunications.

4. Public Internet service providers violating regulations on Internet management will be handled according to the following forms depending on the severity of the violation:

a) Subject to administrative penalty.

b) Service suspension, termination of agency contracts, disconnection of telephone numbers or telecommunications lines used for Internet access.

c) Revocation of the Business Registration Certificate for public Internet service providers.

d) Criminal liability pursued.

VII. IMPLEMENTATION ORGANIZATION

1. Ministry of Posts and Telecommunications:

a) Guide and direct Internet service providers to ensure compliance with state regulations concerning public Internet service providers.

b) Take the lead and coordinate with the Ministry of Culture and Information, the Ministry of Public Security to organize regular and surprise inspections of Internet service providers in managing public Internet service providers.

c) Take the lead and coordinate with the Ministry of Culture and Information, the Ministry of Public Security to establish regulations ensuring the functionality of software programs for managing public Internet service providers.

2. Ministry of Culture and Information:

a) Take the lead and coordinate with relevant state agencies to widely publicize through the press and mass media about the exploitation and use of Internet services in accordance with state regulations and limit violations in the activities of public Internet service providers.

b) Develop and guide Internet service providers and public Internet service providers to implement regulations on providing and using information on the Internet.

c) Inspect, handle violations related to management, provision, and use of information on the Internet.

d) Coordinate with the Ministry of Posts and Telecommunications, the Ministry of Public Security, provincial and municipal people's committees to propose measures to prevent and handle illegal content in the activities of public Internet service providers.

3. Ministry of Public Security:

a) Direct and implement work to prevent and combat cybercrime.

b) Direct relevant units, public security forces of provinces and cities to cooperate with specialized inspection agencies for Posts and Telecommunications and Information Technology, and specialized inspection agencies for Culture and Information to conduct inspections, promptly identify, record, and handle violations in the activities of public Internet service providers within their jurisdiction according to the law.

4. Ministry of Planning and Investment:

Guide and direct competent agencies to issue and revoke the Business Registration Certificate for public Internet service providers according to the law and this Circular.

5. Provincial and Municipal People's Committees:

a) Direct authorities at all levels to regularly inspect the business operations of public Internet service providers to ensure that all providers are inspected or checked at least once a year. Develop specific plans and measures to handle violations, exchange information, experiences, and issues related to Internet management work, and submit periodic reports on the activities of public Internet service providers within their jurisdiction and the handling of violations.

b) Direct Departments of Posts and Telecommunications, Culture and Information, and Public Security to organize regular and surprise inspections of Internet service providers and public Internet service providers within their jurisdiction according to regulations.

Support and coordinate with ministries, ministerial-level agencies, and government agencies to manage public Internet service providers in their jurisdictions.

VIII. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days after its publication in the Official Gazette.

2. The Ministry of Posts and Telecommunications, the Ministry of Culture and Information, the Ministry of Public Security, and the Ministry of Planning and Investment within their respective duties and powers shall guide agencies, organizations, and individuals to implement the provisions of this Circular.

3. In the course of implementation, if there are difficulties, agencies, organizations, and individuals shall reflect them to the Ministry of Posts and Telecommunications, the Ministry of Culture and Information, the Ministry of Public Security, and the Ministry of Planning and Investment for guidance and resolution./.