Circular No. 05/2008/TT-BTTTT guiding certain provisions of Government Decree No. 97/2008/NĐ-CP dated August 28, 2008 on management, provision, and use of Internet services and electronic information on the Internet for Internet services.

 

CIRCULAR

Guidelines for certain provisions of Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on the Internet for Internet services

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Pursuant to the Telecommunications Law dated May 25, 2002;

BASED ON THE GOVERNMENT DECREE NO. 187/2007/NĐ-CP OF DECEMBER 25, 2007 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF INFORMATION AND COMMUNICATIONS;

Pursuant to Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing implementation of certain provisions of the Telecommunications Law regarding Telecommunications;

Pursuant to Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on the Internet;

The Ministry of Information and Communications issues guidelines for certain provisions of Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on the Internet (hereinafter referred to as the Decree) for Internet services as follows:

1. Internet application services in telecommunications as stipulated at point c Clause 9 Article 3 of the Decree include the following services:

1.1. Value-added telecommunications services as stipulated at Clause 4 Article 13 of Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing implementation of certain provisions of the Telecommunications Law regarding Telecommunications;

1.2. Internet telephone service types PC-to-PC domestic and international, PC-to-Phone outgoing international;

1.3. Service of sending messages from the Internet to mobile telecommunication networks and fixed-line telecommunication networks.

2. Provision and use of Internet telephone services shall be carried out as follows:

2.1. Enterprises providing Internet services when providing Internet telephone services shall have the following responsibilities:

a) Comply with the provisions at Clause 2 Article 7 of the Decree;

b) Only provide Internet telephone service types as stipulated at Clause 1 Point 1.2 of this Circular;

c) Have billing systems, customer data management systems, and service management systems located in Vietnam operated and managed directly by the enterprise to provide services to the public;

d) Provide complete information related to payment of service usage charges; verify and accurately respond to customers' complaints about rates, cards, and service quality.

2.2. Organizations and individuals shall not print, issue, sell, or resell Internet telephone services of enterprises without a license to provide telecommunications services of the type of Internet telephone service issued by the Ministry of Information and Communications under any form.

3. When providing wireless broadband Internet access services using WLAN technology (Wi-Fi Internet access service), enterprises providing Internet services shall have the following responsibilities:

3.1. Comply with the provisions at Clause 2 Article 7 of the Decree;

3.2. Set up radio frequency signal transmission and reception equipment using WLAN technology to provide coverage for hotspots. Frequencies and transmission power of such equipment must comply with regulations on radio frequency management;

3.3. Lease telecommunications transmission lines (wired or wireless) from infrastructure network service providers to establish connections between the enterprise's Internet network and hotspots.

4. Implementation of technical and operational measures to ensure information security as stipulated at point d Clause 2 Article 7 of the Decree shall be carried out as follows:

4.1. Have backup plans for transmission channels, server systems, network devices, data backups, and power sources to ensure continuous and uninterrupted provision of services;

4.2. Have monitoring and surveillance systems to track the operation of the Internet device network to ensure that the Internet device network meets technical standards and service quality requirements;

4.3. Have solutions and regulations to ensure information security according to technical standards and guidelines on information security provided by the Vietnam National Cybersecurity Center (VNCERT), including at least the following systems: network intrusion detection and prevention system; firewall capable of controlling application-level access; technical log management system; and spam protection system;

4.4. Participate in computer incident response activities including:

a) Report incidents or potential incidents related to Internet network security to VNCERT within 24 hours of receiving information about the incident in writing (Vietnam National Cybersecurity Center, Ministry of Information and Communications, 18 Nguyen Du Street, Hai Ba Trung District, Hanoi) or via email ([email protected]); website (www.vncert.gov.vn/ir.html); phone (according to the number provided on the website www.vncert.gov.vn). Reporting forms are available on the website www.vncert.gov.vn;

b) Provide contact points for network computer incident response activities for VNCERT and ensure these contact points are available 24 hours a day, seven days a week;

c) Adhere to VNCERT's coordination for Internet network information security;

4.5. Have fire prevention and explosion protection systems in accordance with laws on fire prevention and explosion protection.

5. Notification of the official start date for service provision as stipulated at point k Clause 2 Article 7 of the Decree shall be carried out as follows:

5.1. Form of notification: In writing and by email;

5.2. Address for notification:

a) Ministry of Information and Communications (Telecommunications Department) - 18 Nguyen Du Street, Hai Ba Trung District, Hanoi; email: [email protected].

b) Ministry of Public Security: Economic Security Bureau - General Security Department - Ministry of Public Security - 15 Tran Binh Trong Street, Hanoi; email: [email protected] and [email protected];

5.3. Content of notification shall be implemented according to the model in Appendix 1 of this Circular.

6. Reporting regime as stipulated at point n Clause 2 Article 7 of the Decree shall be carried out as follows:

6.1. Report to the Ministry of Information and Communications

6.1.1. Monthly report

a) Time: Before the 10th of each month, enterprises report the previous month's information.

b) Content:

- Development of Internet subscribers;

- Internet application services in telecommunications;

- Internet network connection;

Specific contents, enterprises implement reports according to Appendix 2 of this Circular: Monthly report form on Internet statistics sent to the Ministry of Information and Communications.

c) Form and address for submitting reports: Through the electronic information website Http://thongkeinternet.mic.gov.vn. For December, in addition to submitting reports through the electronic information website, enterprises must also submit reports in writing to the Telecommunications Department - Ministry of Information and Communications, 18 Nguyen Du Street, Hai Ba Trung District, Hanoi; email: [email protected];

6.1.2. Annual report

a) Time: Before January 15 each year, enterprises shall report the information of the previous year;

b) Content:

- Total revenue from Internet services;

- Annual growth rate;

- Recommendations (if any);

The specific contents shall be reported according to Appendix 3 of this Circular: Annual report form on the situation of providing Internet services;

c) Form and address for submitting reports: Submit the report in writing to the Ministry of Information and Communications (Telecommunications Department): 18 Nguyen Du Street, Hai Ba Trung District, Hanoi;

6.2. Reports to Provincial Departments of Information and Communications

Enterprises providing Internet services shall directly report or guide their branches and affiliated units operating in provinces/cities under the Central Government to report the development of subscriber numbers and Internet application services in telecommunications to Provincial Departments of Information and Communications as follows:

a) Time: Before the 10th day of each month, enterprises shall report the information of the previous month;

b) Content:

- Development of Internet subscribers;

- Internet application services in telecommunications;

The specific contents shall be reported according to Appendix 4 of this Circular: Monthly report form on Internet statistics submitted to Provincial Departments of Information and Communications;

c) Form and address for submitting reports to Provincial Departments of Information and Communications will be announced on the electronic information website of the Ministry of Information and Communications (www.mic.gov.vn) and the electronic information websites of Provincial Departments of Information and Communications;

6.3. Report on Internet service quality: Enterprises shall report on Internet service quality in accordance with the regulations of the Ministry of Information and Communications on managing telecommunications service quality.

7. Reporting system prescribed in point e clause 2 Article 8 Decree shall be implemented as follows:

7.1. Internet network owners as prescribed in clause 1 Article 14 Decree shall have the responsibility to submit reports to the Ministry of Information and Communications in accordance with the following provisions:

a) Time:

- Within ten (10) days after commencing operations;

- Before January 15 each year.

b) Content:

- Name and address of the unit's headquarters;

- Address where the Internet equipment system is located;

- Scope, target group, and specific list of members of the network;

- Network configuration, leased channels, connections, equipment used to provide Internet services;

- Internet services currently provided to network members.

c) Form and address for submitting reports: Submit the report in writing to the Ministry of Information and Communications (Telecommunications Department): 18 Nguyen Du Street, Hai Ba Trung District, Hanoi.

7.2. Internet network owners as prescribed in clause 2 Article 14 Decree shall implement the reporting system according to the urgent requirements of the Ministry of Information and Communications and Provincial Departments of Information and Communications.

8. Operating hours of Internet agencies prescribed in point e clause 3 Article 9 Decree shall be implemented as follows:

The People's Committee of provinces/cities under the Central Government shall specify the operating hours of Internet agencies within their management jurisdiction based on suitability with the economic, cultural, and social conditions of their locality.

9. Provisions in point a clause 2 Article 12 Decree shall be understood as follows:

Internet service users may use Internet access services and specialized Internet application services in economic, cultural, and social fields on the basis of ensuring compliance with the provisions of Article 6 Decree, telecommunications laws, information technology laws, and other relevant specialized laws.

Prohibited services are those that the law does not permit to be provided and used (regardless of whether they are online or in reality), as stipulated in current regulatory legal documents.

10. Establishment and operation of Internet Transit Stations prescribed in clause 1 Article 16 Decree must comply with the following provisions:

10.1. Enterprises holding licenses to provide telecommunications services of the Internet connection type may establish Internet Transit Stations to transit domestic Internet traffic between Internet service providers and between Internet service providers and private Internet networks.

10.2. National Internet Transit Station (VNIX) and Internet Transit Stations of enterprises shall not transit traffic between private Internet networks.

11. Operation of VNIX prescribed in clause 3 Article 16 Decree shall be implemented as follows:

11.1. Principles for connecting to VNIX:

a) Enterprises providing Internet services and private Internet networks licensed by the Ministry of Information and Communications in accordance with point a clause 1 Article 14 Decree may connect to VNIX;

b) The Internet equipment network connecting to VNIX must use independent network data and IP addresses issued and managed by the Vietnam Internet Network Center;

c) Transmission lines and equipment used to connect to VNIX must be technically compatible with the VNIX connection port according to the guidance of the Vietnam Internet Network Center;

d) Establishing the Internet equipment network and leasing channels to connect to VNIX must comply with the provisions of the law on telecommunications.

11.2. The Vietnam Internet Network Center shall have the responsibility:

a) To establish and manage VNIX;

b) To implement the provisions of Clause 4 of this Circular;

c) To guide and facilitate enterprises providing Internet services and private Internet networks to connect to VNIX in accordance with regulations;

d) To collect and use funds contributed to the development and maintenance of VNIX on the basis of costs ensuring non-profit operation of VNIX;

đ) To conduct separate accounting for VNIX activities.

11.3. Enterprises connecting to VNIX shall have the responsibility:

a) To comply with the operational guidelines of the Vietnam Internet Network Center;

b) To cooperate with the Vietnam Internet Network Center to ensure the safe and effective operation of VNIX.

c) Carry out horizontal connections on an equal basis without discrimination; shall not obstruct domestic information from entering or exiting its own Internet equipment network through VNIX to ensure that Internet users can utilize Internet services in accordance with the law;

d) Contribute operational funds as prescribed.

12. License Renewal

12.1. All enterprises that have been granted licenses to provide services under Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services must complete the procedures for license renewal within six months from the date this Circular takes effect.

12.2. Within twenty working days from the date of receiving a valid application file from the enterprise, the Ministry of Information and Communications will issue a new license in compliance with Decree No. 97/2008/NĐ-CP dated August 28, 2008 on management, provision, and use of Internet services and electronic information on the Internet, replacing all licenses previously issued to the enterprise under Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services.

12.3. The validity period of the new license will be based on the longest remaining validity period of any of the licenses previously issued to the enterprise.

12.4. The service types listed in the new license include a list of services currently provided by the enterprise and services the enterprise commits to providing within two years from the date the licenses issued under Decree No. 55/2001/NĐ-CP dated August 23, 2001 were promulgated.

12.5. During the process of renewing the license as stipulated in this Clause, the enterprise may continue its operations normally.

12.6. The application for license renewal includes:

a) A request for license renewal;

b) Copies of current valid licenses;

c) A report on the status of implementation of the (licenses) already issued including: start date of implementation; current network diagram; services currently provided and the scope of each service; services listed in the (licenses) that the enterprise has not yet provided but commits to implementing within two years from the date the licenses issued under Decree No. 55/2001/NĐ-CP dated August 23, 2001 were promulgated;

12.7. For services that have been licensed but do not yet have formal approval documents for public provision as prescribed in Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services, the enterprise must comply with the notification requirements set forth in Clause 5 of this Circular.

13. Effective Date

13.1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

13.2. In the course of implementation, if there are any difficulties, please reflect them to the Ministry of Information and Communications for consideration and resolution./.