Circular No. 03/2006/TT-BBCVT amending and supplementing certain contents of Circular No. 05/2004/TT-BBCVT dated December 16, 2004 on guiding the implementation of some provisions regarding administrative violations and complaints and denunciations stipulated in Chapter IV of Decree No. 55/2001/NĐ-CP of the Government on management, provision, and use of Internet services.

CIRCULAR

Amending and supplementing certain contents of Circular No. 05/2004/TT-BPOSTTELECOM dated December 16, 2004 on guiding the implementation of some provisions regarding administrative violations and complaints and denunciations stipulated in Chapter IV of Decree No. 55/2001/NĐ-CP of the Government on management, provision, and use of Internet services

On December 16, 2004, the Ministry of Post and Telecommunications, the Ministry of Culture and Information, the Ministry of Public Security, and the Ministry of Planning and Investment issued Joint Circular No. 02/2005/TTLT-BPOSTTELECOM-MULTIMEDIA-POLICE-PLANNINGANDINVESTMENT on managing Internet agents (hereinafter referred to as Joint Circular No. 02).

On June 1, 2006, the Ministry of Post and Telecommunications, the Ministry of Culture and Information, and the Ministry of Public Security issued Joint Circular No. 60/2006/TTLT-MULTIMEDIA-BPOSTTELECOM-POLICE dated June 1, 2006 on managing online games (hereinafter referred to as Joint Circular No. 60).

To ensure that all organizations and individuals participating in providing and using Internet services comply with legal regulations on managing Internet agents and managing online games; guiding specialized inspection agencies to implement administrative penalties in accordance with Decree No. 55/2001/NĐ-CP of the Government on management, provision, and use of Internet services and other related decrees on administrative penalties, the Ministry of Post and Telecommunications amends and supplements certain contents of Circular No. 05/2004/TT-BPOSTTELECOM as follows:

_________________

I. AMENDING AND SUPPLEMENTING CERTAIN CONTENTS OF CIRCULAR NO. 05/2004/TT-BPOSTTELECOM:

1. Supplementing the violation behavior at Section 2 Part II of Circular No. 05/2004/TT-BPOSTTELECOM as follows:

2. 4. Internet agents open for customers to use services outside the prescribed hours.

2. Replacing the violation behavior at point 8.4 Section 8 Part II of Circular No. 05/2004/TT-BPOSTTELECOM with the following behavior:

8. 4. Internet service providers violate one of the provisions:

a) At points a, b, c, d, and đ Clause 1 Article 7; Clauses 2, 3, 4, 5, and 7 Article 9 of Joint Circular No. 60.

b) Providing services without a confirmation document from the Ministry of Post and Telecommunications regarding compliance with technical and operational conditions as stipulated in Clause 2 Article 7 of Joint Circular No. 60.

3. Replacing the violation behavior at point 8.5 Section 8 Part II of Circular No. 05/2004/TT-BPOSTTELECOM as follows:

8. 5. Internet service providers violate one of the following provisions:

a) Signing agency contracts with organizations or individuals who do not meet the business conditions specified in point 1 Section IV of Joint Circular No. 02.

b) Not terminating agency contracts according to the written request of competent state authorities for Internet agents who violate the law.

c) Not establishing and disseminating an agency management regulation to Internet agents.

d) Not issuing a standard agency contract model for uniform use within the enterprise.

đ) Not having software programs and equipment for centralized management located at the enterprise and connected online to Internet agents to manage their activities.

e) Not providing and cooperating with Internet agents in installing management software at the agent's location to communicate online with the enterprise's centralized management software program.

g) The management software does not have all the functions for managing and storing content as stipulated in Section IV.7.a, b, c of Joint Circular No. 02.

h) Within six months from the date of signing the contract with the Internet agent, the enterprise does not organize training and guide the agent on service management regulations; information security and technical solutions to detect and prevent user violations as stipulated in point 8 Section IV of Joint Circular No. 02.

i) Not implementing measures to prevent and handle Internet agents who violate the contract as stipulated in point 9 Section IV of Joint Circular No. 02.

II. APPLYING DECREE NO. 175/2004/NĐ-CP DATED OCTOBER 10, 2004 ON ADMINISTRATIVE PENALTIES IN THE FIELD OF COMMERCE (HEREINAFTER REFERRED TO AS DECREE NO. 175) FOR THE FOLLOWING VIOLATIONS:

1. Applying point a Clause 1 and Clause 6 Article 35 of Decree No. 175 to Internet agents who do not meet one of the operating conditions for Internet agency business stipulated in points 1, 2, 5, 6, and 7 Section II of Joint Circular No. 02.

2. Applying point a Clause 1 and point d Clause 4 Article 15 of Decree No. 175 to Internet agents who violate one of the following provisions:

a) Not installing or not using management software to retain information about service users including visited addresses, access time, type of service (email, chat, ftp, Telnet...) for at least 30 days.

b) Not keeping a registration book for service usage or having a book but not recording complete information about service users, guarantors for minors under 14 years old including name, address, ID card number, passport or other documents such as business cards, driver's license, student ID, etc., computer position and usage time. The book can be paper-based or electronic data file.

c) Not participating in Internet training courses organized directly by the enterprise.

3. Applying Clause 4 Article 7 of Decree No. 175 to organizations or individuals providing Internet services to the public who violate the regulations on business registration certificates.

4. Applying point a Clause 2 Article 35 of Decree No. 175 to organizations or individuals providing Internet services to the public without agency contracts with Internet service providers.

III. APPLYING DECREE NO. 56/2006/NĐ-CP DATED JUNE 6, 2006 OF THE GOVERNMENT ON ADMINISTRATIVE PENALTIES IN CULTURAL AND INFORMATION ACTIVITIES (HEREINAFTER REFERRED TO AS DECREE NO. 56) FOR THE FOLLOWING VIOLATIONS:

1. Applying point b Clause 1 Article 17 of Decree No. 56 to Internet agents who violate the provisions at point 8 Section II of Joint Circular No. 02.

2. Applying point a Clause 2 Article 35 of Decree No. 56 to Internet agents providing online game services outside the prescribed hours or locations less than 200 meters away from schools.

III. APPLY DECREE NO. 56/2006/NĐ-CP OF JUNE 6, 2006 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS IN CULTURAL AND INFORMATION ACTIVITIES (HEREINAFTER REFERRED TO AS DECREE NO. 56) FOR THE FOLLOWING VIOLATIONS:

1. APPLY POINT b CLAUSE 1 ARTICLE 17 OF DECREE NO. 56 TO INTERNET AGENTS VIOLATING THE PROVISIONS AT POINT 8 SECTION II JOINT CIRCULAR NO. 02.

2. APPLY POINT a CLAUSE 2 ARTICLE 35 OF DECREE NO. 56 TO INTERNET AGENTS PROVIDING ONLINE GAMING SERVICES OUTSIDE THE PERMITTED HOURS OR LOCATIONS WITHIN 200 METERS OF A SCHOOL.

IV. APPLY DECREE NO. 142/2004/ND-CP OF JULY 8, 2004 OF THE GOVERNMENT ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN POSTAL SERVICES, TELECOMMUNICATIONS, AND RADIO FREQUENCIES (HEREINAFTER REFERRED TO AS DECREE NO. 142) TO THE FOLLOWING VIOLATIONS:

1. APPLY POINT g CLAUSE 3 ARTICLE 12 OF DECREE NO. 142 TO INTERNET AGENTS WHO DISCLOSE INFORMATION ABOUT SERVICE USERS TO UNAUTHORIZED PERSONS.

2. APPLY POINT a CLAUSE 1 ARTICLE 27 OF DECREE NO. 142 TO INTERNET AGENTS WHO DO NOT PROVIDE DOCUMENTS, PAPERS, CERTIFICATES, OR RELATED DATA TO AUTHORITATIVE STATE AGENCIES WHEN REQUESTED.

3. APPLY ARTICLE 26 OF DECREE NO. 142 TO ENTERPRISES PROVIDING INTERNET SERVICES THAT FAIL TO REPORT, REPORT LATELY, OR REPORT INACCURATELY OR INCOMPLETELY ABOUT THE ACTIVITIES OF INTERNET AGENTS AND RELATED OBLIGATIONS; ENTERPRISES PROVIDING ONLINE GAMING SERVICES ON THE INTERNET THAT VIOLATE THE REPORTING REGIME AS PROVIDED FOR IN CLAUSE 2 ARTICLE 8; CLAUSES 6 AND 8 ARTICLE 9 JOINT CIRCULAR NO. 60. THIS CIRCULAR SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE. ANY ISSUES ENCOUNTERED DURING IMPLEMENTATION SHOULD BE PROMPTLY REFLECTED TO THE MINISTRY OF POST AND TELECOMMUNICATIONS FOR GUIDANCE AND RESOLUTION.

THIS CIRCULAR SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE. ANY ISSUES ENCOUNTERED DURING IMPLEMENTATION SHOULD BE PROMPTLY REFLECTED TO THE MINISTRY OF POST AND TELECOMMUNICATIONS FOR GUIDANCE AND RESOLUTION./.