Directive No. 07/2004/CT-BBCVT on Strengthening Management of Public Internet Agents

DIRECTIVE

On Strengthening the Management of Public Internet Service Providers

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In recent years, Vietnam's Internet has seen rapid development and has had a positive impact on many economic and social sectors of the country, truly bringing about significant benefits, creating favorable conditions and providing strong support for the implementation of the Party and State's policy of opening up and actively integrating into the international economy.

Along with the general development of the Internet, public Internet service providers have made positive contributions to the widespread provision of Internet services to all strata of the population. However, alongside the positive aspects of this type of service provision, many public Internet access points operating under the agency model are not complying with legal regulations governing Internet management, allowing users to freely access unhealthy information that harms national political security, social order and safety, and the cultural identity of the Vietnamese nation.

To strengthen the management of public Internet service provider activities in accordance with the provisions of Government Decree No. 55/2001/NĐ-CP dated August 23, 2001 on the management, provision, and use of Internet services, in order to minimize negative practices arising from Internet agency operations, the Minister of Posts and Telecommunications issues the following directive:

1. Internet service providers (ISPs) and Internet application service providers in telecommunications (telecommunication OSPs):

a) Inform and guide users of Internet services who wish to provide public Internet services to register their business and sign an agency contract with the Internet service provider. The signing of an Internet agency contract can only be carried out after the user has registered their Internet agency business with the local business registration authority in accordance with the law.

b) Develop and issue a regulation on managing Internet agencies and a standard agency contract for uniform use within the enterprise. The enterprise's standard Internet agency contract must be submitted to the Ministry of Posts and Telecommunications for reporting. The content of the Internet agency contract, in addition to the general provisions of the law on contracts, needs to include certain points related to the responsibilities of the agency owner, specifically as follows:

- The agency owner must post usage regulations for Internet services at their premises, which should include the prohibitions stipulated in Article 11 of Government Decree No. 55/2001/NĐ-CP dated August 23, 2001 on the management, provision, and use of Internet services.

- The Internet agency owner must register the telephone number or the contract number for leasing telecommunication transmission lines used to access the Internet with the Internet service provider.

- The Internet agency owner must guide users to comply with regulations on using the Internet. When discovering that users intentionally violate Internet usage regulations or the usage regulations for Internet services, the Internet agency has the responsibility to immediately stop the violation by the user.

- If the agency owner creates conditions or deliberately covers up acts of stealing passwords, accounts for accessing; spreading viruses; accessing electronic news sites or disseminating materials containing obscene, pornographic content, violating traditional customs and morals, and national security, it will be grounds for the enterprise to cease service provision and terminate the agency contract.

c) Develop plans and proactively inspect and monitor the implementation of contracts by signed-up Internet agencies. During the inspection and monitoring process, if there is sufficient basis to conclude that the agency owner violates contract terms leading to termination of the contract, the enterprise shall prepare a record, cease service provision, and simultaneously send a written notice to the relevant Provincial or Municipal Posts and Telecommunications Departments to report the legal violations of the agency.

d) Review the management of Internet agencies by enterprises according to the contents prescribed in Government Decree No. 55/2001/NĐ-CP, guiding documents from the Ministry of Posts and Telecommunications, Ministry of Culture, Sports and Tourism, Ministry of Public Security, and the provisions of this Directive, particularly focusing on the management regulations for agencies; the content of agency contracts; plans and methods for supervising and inspecting the implementation of contracts by agencies. In cases where the management of agencies does not meet the requirements stipulated, the enterprise has the responsibility to temporarily suspend the signing of new agency Internet contracts to rectify its management work and report to the Ministry of Posts and Telecommunications.

2. Telecommunications enterprises are responsible for coordinating with Internet service providers to cut off telephone numbers or telecommunication transmission lines used for Internet access by Internet agencies, upon receipt of a notification from the Inspectorate of the Ministry of Posts and Telecommunications or from Provincial or Municipal Posts and Telecommunications Departments regarding the legal violations of the agency and the request to cut off telephone numbers or telecommunication transmission lines used for Internet access.

3. The Inspectorate of the Ministry shall promptly take the lead in drafting a joint circular to guide Article 41 on violations, forms, and levels of administrative penalties concerning Internet as stipulated in Government Decree No. 55/2001/NĐ-CP dated August 23, 2001 on the management, provision, and use of Internet services. The Inspectorate of the Ministry of Posts and Telecommunications, the Departments:

a) Develop plans and conduct inspections and audits of Internet service providers in their management of public Internet agencies. During the inspection and audit process, if they find that the enterprise does not meet the requirements for managing agencies as stipulated, the Inspectorate of the Ministry of Posts and Telecommunications shall issue a written request for the enterprise to temporarily suspend the signing of new agency contracts to improve the management of agencies.

b) Proactively coordinate with local authorities and relevant ministries and agencies to organize inspections of the operations of public Internet agencies, especially in major cities such as Hanoi, Ho Chi Minh City, Da Nang, Hai Phong, Can Tho, etc...

c) Resolutely carry out administrative penalties against enterprises providing services and public Internet access points violating laws on the Internet according to their respective authorities and state management functions prescribed in the Administrative Violations Handling Ordinance, Decree No. 142/2004/NĐ-CP, and Decree No. 55/2001/NĐ-CP of the Government.

4. The Department of Telecommunications shall coordinate with relevant units under the Ministry of Culture and Information and the Ministry of Public Security to study and implement the development of a joint circular on managing public Internet access points for issuance in 2004.

The Minister of Posts and Telecommunications requests that Internet service providers, telecommunications enterprises, and related units strictly comply with this Directive.