Circular No. 07/2008/TT-BTTTT guiding certain contents regarding the provision of information on personal electronic information pages under 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.

CIRCULAR

Guidelines on certain contents regarding the provision of information on personal web pages under 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

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Pursuant to the Post and Telecommunications Ordinance 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. 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 on certain contents regarding the provision of information on personal web pages under 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 Decree No. 97) as follows:

1. Personal web page (blog) as defined in Clause 12, Article 3 of Decree No. 97 shall be understood as follows:

A personal web page is used to display personal information for storage purposes or to exchange and share with a group of people or with a wider community using Internet services. A personal web page is registered and created on the Internet by the subject of the personal web page.

2. Guidelines for Clause 3, 5, and 6 of Article 4 of Decree No. 97 concerning the provision of information on personal web pages are as follows:

2.1 Encourage the development and use of personal web pages to help individuals expand their interaction capabilities on the Internet environment to exchange and share appropriate information in accordance with Vietnamese customs and laws, enriching social life and enhancing community cohesion.

2.2 Encourage the use of clear and healthy Vietnamese language on personal web pages.

2.3 Encourage the use of personal web pages on online social networks that have been registered according to Vietnamese laws.

3. Prohibited acts stipulated in Article 6 of Decree No. 97 concerning the provision of information on personal web pages are specified as follows:

3.1 Exploiting personal web pages to provide, transmit, or directly link to information violating the provisions of Article 6 of Decree No. 97.

3.2 Creating fake personal web pages impersonating other individuals or organizations; improperly using another individual's personal web page account; disseminating false information that infringes upon the rights and legitimate interests of organizations or individuals.

3.3 Disseminating journalistic works, literary and artistic works, publications that violate the provisions of Vietnamese laws on press and publishing.

3.4 Using personal information or images that violate the provisions of Articles 31 and 38 of the Civil Code.

3.5 Providing information on personal web pages that violate intellectual property regulations, electronic commerce transactions, and other relevant legal provisions.

4. Responsibilities of Internet service users as stipulated in Point c and d, Clause 2, Article 12 of Decree No. 97 are guided as follows:

4.1 The subject of the personal web page bears responsibility for the content provided, stored, and transmitted on their personal web page, ensuring compliance with legal provisions and the provisions set out in Section 3 of this Circular.

4.2 The subject of the personal web page has the responsibility to protect passwords, encryption keys, and personal information.

5. Responsibilities of enterprises providing online social network services as stipulated in Clause 2, Article 11 of Decree No. 97 in the provision of information on personal web pages are guided as follows:

5.1 Establish and publicly disclose rules for providing and exchanging information on personal web pages on the enterprise’s service website, ensuring compliance with legal provisions and the provisions set out in Section 3 of this Circular.

Take appropriate measures to handle personal web pages that violate the enterprise's information provision operation rules.

5.2 Develop an information management process suitable for the scale of services managed by the enterprise.

5.3 Build a database of personal web pages managed by the enterprise and have the responsibility to provide information to competent state management authorities when requested.

5.4 Prevent and remove content that violates legal provisions and the provisions set out in Section 3 of this Circular immediately upon discovery or at the request of competent state management authorities.

5.5 Be subject to inspection and supervision by competent state authorities as prescribed.

6. Implementation of reporting systems on the provision of personal web page creation services by enterprises providing online social network services as stipulated in Point d, Clause 2, Article 11 of Decree No. 97 is as follows:

6.1 Implement periodic reporting every six months and ad hoc reporting as required by competent state management authorities.

6.2 Contents of periodic reports include:

a) Date, month, year, and registration confirmation document code issued by the Ministry of Information and Communications for the provision of online social network services;

b) Official date of commencement of personal web page creation services;

c) Business address;

d) Name, telephone number, and email of the authorized representative;

đ) Number of personal web pages currently managed by the enterprise and statistical data as required by competent authorities;

e) Data on personal web pages violating the enterprise's information provision operation rules.

6.3 Enterprises providing online social network services that offer personal web page creation services must submit reports before January 15 and July 15 each year.

6.4 Address for submitting reports:

a) Ministry of Information and Communications (Radio, Television, and Electronic Information Administration).

Email: cucptth&ttđ[email protected]

b) Department of Information and Communications at the locality where the enterprise registers its activities.

7. Effectiveness of Implementation

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

7.2 During implementation, organizations and individuals encountering difficulties shall reflect such issues to the Ministry of Information and Communications for consideration and resolution./.