Joint Circular No. 08/TTLT guiding the issuance of permits for internet connection, provision, and use in Vietnam

JOINT CIRCULAR

Guidelines for Issuing Permits for Internet Connection, Provision, and Usage in Vietnam

 

Pursuant to Decree No. 21/CP dated March 5, 1997 of the Government on the issuance of the "Provisional Regulation on Management, Establishment, and Usage of the Internet Network in Vietnam".

The General Post Office Department, Ministry of Home Affairs, and Ministry of Culture and Information provide guidelines for issuing permits for Internet connection, provision, and usage in Vietnam as follows:

 

I. GENERAL PROVISIONS

1. Subjects participating in Internet activities under this Circular are understood as follows:

1.1. Internet Access Service Provider (IAP) is an agency, organization, or enterprise permitted to establish connections to the Internet network for all Internet service providers.

1.2. Internet Service Provider (ISP) is an agency, organization, or enterprise permitted to set up a computer information network with a certain number of IP addresses and provide services such as electronic mail, file transfer, remote access, and database access through various methods for units and Internet users.

1.3. Private Internet Service Provider is an agency, organization, or enterprise permitted to set up a computer information network to provide Internet services to members within its own organization without the purpose of business.

1.4. Internet Service User is an individual using a computer or an organization using a computer or computer network connected to the Internet through a subscription contract with Internet service providers, or a principle contract with a private Internet service provider.

1.5. Internet Content Provider (ICP) is an agency, organization, or enterprise having information and databases provided to the Internet network through Internet service providers.

2. All activities related to Internet connection, provision, and usage in Vietnam must comply with the provisions of the "Provisional Regulation on Management, Establishment, and Usage of the Internet Network in Vietnam" issued together with Decree No. 21/CP dated March 5, 1997 of the Government and the guidelines of this Circular.

II. PERMIT ISSUANCE PROCEDURES

1. Application Documents

1.1. For Internet Access Service Providers

Agencies, organizations, or enterprises meeting the conditions stipulated in Article 5 of the "Provisional Regulation on Management, Establishment, and Usage of the Internet Network in Vietnam" issued together with Decree No. 21/CP dated March 5, 1997 of the Government, after completing the procedures specified in Article 7 of the said regulation, if they wish to provide Internet access services, must submit an application for permit to the competent authority.

Application documents include:

1. An application form for organizing domestic trunk information networks and international gateways to provide Internet access services submitted to the competent authority (according to the model);

2. A certified copy of the Decision establishing the agency, organization, or enterprise;

3. A description of the structure of the domestic trunk information network, including data on transmission capacity, number and location of international gateways, number and functions of network-connected servers providing services; measures and equipment for checking and controlling information security commensurate with the scale of the activity for which the permit is applied for (according to the model);

4. Detailed project and plan for providing Internet access services and types of services;

5. Brief resumes of members of the network management board confirmed by the supervising agency;

6. Tariff schedule for services consistent with the tariff framework prescribed by the General Post Office Department;

7. Model contract with Internet service providers.

1.2. For Internet Service Providers.

Agencies, organizations, or enterprises meeting the conditions stipulated in Article 5 of the "Provisional Regulation on Management, Establishment, and Usage of the Internet Network in Vietnam" issued together with Decree No. 21/CP dated March 5, 1997 of the Government, after completing the procedures specified in Article 7 of the said regulation, if they wish to provide Internet services, must submit an application for permit to the competent authority.

Application documents include:

1. An application form for organizing a computer information network connected to the Internet and providing Internet services submitted to the competent authority (according to the model);

2. A certified copy of the Decision establishing the agency, organization, or enterprise;

3. A description of the network structure, including data on the number and functions of network-connected servers providing services; equipment and measures for checking, controlling, and ensuring information security commensurate with the scale of the activity for which the permit is applied for; estimated number of users (according to the model);

4. Detailed project and plan for providing services: type, quality, scope of provision; target audience for services;

5. Brief resumes of members of the network management board confirmed by the supervising agency;

6. Tariff schedule for services consistent with the tariff framework prescribed by the General Post Office Department;

7. Model contract with private Internet service providers.

8. Model contract with Internet service users.

1.3. For Private Internet Service Providers.

Agencies, organizations, or enterprises meeting the conditions stipulated in Article 5 of the "Provisional Regulation on Management, Establishment, and Usage of the Internet Network in Vietnam" issued together with Decree No. 21/CP dated March 5, 1997, if they wish to provide Internet services for their own use, must submit an application for permit to the competent authority.

1.3.1. For private Internet service providers in Vietnam, the application documents include:

1. An application form for organizing a computer information network connected to the Internet and providing Internet services submitted to the competent authority (according to the model);

2. A certified copy of the Decision establishing the agency, organization, or enterprise;

3. A description of the network structure, including data on the number and functions of network-connected servers providing services; equipment and measures for checking, controlling, and ensuring information security commensurate with the scale of the activity for which the permit is applied for; estimated number of users (according to the model);

4. Detailed project and plan for providing services: type, quality, scope of provision; target audience for services;

5. Brief resumes of members of the network management board confirmed by the supervising agency;

6. Model principle contract with users of their own unit.

1.3.2. For private Internet service providers that are international organizations, diplomatic agencies, foreign organizations, or foreign enterprises in Vietnam, the application documents include:

1. An application form for organizing a computer information network connected to the Internet and providing Internet services submitted to the competent authority (according to the model);

2. A certified copy of the document confirming the legal status of the agency, organization, or enterprise;

3. A description of the network structure, including data on the number and functions of network-connected servers providing services; equipment for ensuring information security; estimated number of users (according to the model);

4. Detailed project and plan for providing services: type, quality, scope of provision; target audience for services;

5. Model principle contract with users of their own unit.

1.4. For Internet Users

Individuals using computers or organizations using computers or computer networks wishing to use Internet services must sign a subscription contract with Internet service providers or a principle contract with private Internet service providers.

1.5. For Internet Content Providers

Subjects, organizations, enterprises meeting the conditions set out in Article 5 of the "Provisional Regulation on Management, Establishment, and Use of the Internet in Vietnam" issued together with Decree 21/CP dated March 5, 1997, wishing to provide types of information (sound, images, films, games, journalism, texts, etc.) and content on the Internet must submit an application for permission to the licensing authority.

Application documents include:

1. Application for establishment of an information network submitted to the licensing authority, accompanied by confirmation from the supervising agency (according to the model).

For diplomatic agencies and international organizations, confirmation from the Ministry of Foreign Affairs of the Socialist Republic of Vietnam is required.

2. A certified copy of the Decision establishing the agency, organization, or enterprise;

For economic organizations and foreign enterprises, a business operation permit or investment permit is required.

3. Detailed project and plan for providing information content: types of information to be provided; quality of information; scope of provision.

4. Brief curriculum vitae of individuals responsible for providing information, confirmed by the supervising agency.

5. Tariff table for various types of information to be provided.

2. Licensing process

2.1. Issuance of new permits

2.1.1. Receiving applications

The applicant must submit three (3) sets of application documents to the licensing authority.

Application documents for Internet Access Providers (IAPs) and Internet Service Providers (ISPs) should be submitted to the General Post Office Administration.

Application documents for private Internet service providers should be submitted to regional postal administrations according to their designated areas.

Application documents for Internet Content Providers (ICPs) should be submitted to the Ministry of Culture and Information.

Documents will only be accepted if they contain all the required documents as specified in the Application for Permission section.

2.1. Processing applications.

After receiving the application, the licensing authority will review the documents according to its functions, and simultaneously send one (1) set of documents to the Ministry of Home Affairs for review of inspection equipment, control measures, and security assurance measures.

Within fifteen (15) days from receipt of the documents, the Ministry of Home Affairs must respond in writing to the licensing authority with approval or disapproval. If the Ministry of Home Affairs does not respond within this period, it shall be deemed that the application has been automatically approved.

2.1.3. Responding to results

Within thirty (30) days from receipt of the application, the licensing authority must consider and issue a permit to the applicant. In case of non-approval, the licensing authority must inform the applicant and specify the reasons.

The network can only be put into operation after receiving written confirmation from the Ministry of Home Affairs regarding the inspection equipment, control measures, and security assurance measures corresponding to the scale of the applicant's activities.

2.2. Modification or supplementation of permits.

If the Internet activity participant wishes to change the purpose or content of the activity, they must prepare an application for modification or supplementation of the permit. The documents and procedures are similar to those for issuing a new permit.

When issuing a new permit, the licensing authority will revoke the old permit.

2.3. Validity of the permit.

Depending on the subject and type of Internet activity, the validity period of the permit is determined, but not exceeding five (5) years. After this period, if the Internet activity participant wishes to continue operating, they must apply for an extension of the permit.

2.4. Extension of the permit.

Three months before the permit expires, if the Internet activity participant wishes to extend the permit, they must submit an application for extension to the licensing authority according to the provisions for issuing a new permit.

Within thirty (30) days from receipt of the application, the licensing authority must notify the applicant of the result. In case of non-approval, the licensing authority must specify the reasons.

III. RELATIONSHIP BETWEEN INTERNET ACTIVITY PARTICIPANTS

Internet access service providers, service providers, and private Internet service providers may only enter into contracts after obtaining a business operation permit from the licensing authority.

Contracts must clearly define the responsibilities of each party, ensuring fairness, reasonableness, compliance with state laws, the "Provisional Regulation on Management, Establishment, and Use of the Internet in Vietnam" issued together with Decree 21/CP dated March 5, 1997, the Postal and Telecommunications Regulations, and the Rules for Exploitation of Internet Services.

IV. RESPONSIBILITIES OF INTERNET ACTIVITY PARTICIPANTS

1. Responsibilities of Internet access service providers.

1- Organizing trunk information networks to meet the needs of Internet access for Internet service providers;

2- Fulfilling all terms stipulated in the contract with Internet service providers;

3- Must have complete inspection equipment, control measures, and security assurance measures corresponding to the scale of the licensed activity and facilitate the implementation of security assurance measures for international traffic by competent authorities;

4- Adhering to technical solutions and standards issued by the National Coordination Board for the Internet, the Ministry of Science, Technology, and Environment, and the General Post Office Administration;

5- Submitting periodic reports every three months on the situation of Internet access operations; changes in the contents recorded in the application for permission, and sending them to the licensing authority. Upon request, the licensing authority may require additional reports.

2. Responsibilities of Internet service providers

1- Using or allowing users to use network connection devices that comply with technical standards according to Internet norms in Vietnam;

2- Ensuring service quality such as network usability, telephone access system usability, dedicated channel usage, etc.;

3- Fulfilling all terms stipulated in the contract with Internet access service providers, private Internet service providers, and Internet service users;

4- Training users to properly operate and maintain connecting devices and computers.

5- Must have all necessary equipment for inspection, control, and security measures commensurate with the scale of the licensed operation and facilitate competent authorities to implement information security solutions in their network. Guide and inspect users to protect information in accordance with the Ordinance on Safeguarding State Secrets and be subject to inspection and control by relevant state management agencies regarding technical standards, service quality, and information security, national security.

6- Regularly report every three months on the situation of providing Internet services; changes in the contents recorded in the application dossier; list of Internet users sent to the licensing authority. When necessary, the licensing authority may request ad hoc reports.

3. Responsibilities of entities providing dedicated Internet services.

1- Using or allowing users to use network connection devices that comply with technical standards according to Internet norms in Vietnam;

2- Ensure service quality such as network usability, telephone access system capability, private line channel capability, etc...

3- Fully comply with the terms of the contract with the Internet service provider and Internet service users.

4- Training users to properly operate and maintain connecting devices and computers.

5- Must have all necessary equipment for inspection, control, and security measures commensurate with the scale of the licensed operation and facilitate competent authorities to implement information security solutions in their network. Guide and inspect users to protect information in accordance with the Ordinance on Safeguarding State Secrets and be subject to inspection and control by relevant state management agencies regarding technical standards, service quality, and information security, national security.

6- Regularly report every three months on the situation of providing Internet services, changes in the contents recorded in the application dossier; list of Internet users sent to the licensing authority. When necessary, the licensing authority may request ad hoc reports.

Entities providing dedicated Internet services that are international organizations, diplomatic missions, or foreign organizations shall be responsible for implementing Points 1, 2, 3, 4, and 6 of this Section.

4. Responsibilities of Internet service users.

1- Strictly comply with the provisions of the Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government and specific terms in the contract with the Internet service provider or with the entity providing dedicated Internet services.

2- Facilitate competent authorities to implement information security measures and comply with the Ordinance on Safeguarding State Secrets.

3- Be subject to inspection by the Internet service provider or the entity providing dedicated Internet services; by relevant state management agencies regarding issues related to the use of Internet services.

Unauthorized connection of computers or computer networks through telephone to the Internet via the address of the Internet service provider or the entity providing dedicated Internet services without their permission; using telephones, private line channels, other connection methods to access the Internet through overseas servers violates the Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government.

5. Responsibilities of content providers.

1- Be subject to inspection and control by relevant state management agencies regarding technical standards, service quality, and information security, national security.

2- Must ensure the requirements stipulated in Article 3 of the Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government and comply with copyright laws.

3- Adhere to regulations on providing content information issued by the Ministry of Culture and Information.

4- Regularly report every three months on the situation of using Internet services, providing content information; changes in the contents recorded in the application dossier sent to the licensing authority. When necessary, the licensing authority may request ad hoc reports.

V. VIOLATION HANDLING

Subjects participating in Internet activities who violate the provisions in the Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government may be suspended from operations, have their licenses revoked, be administratively fined, or be criminally prosecuted according to current laws.

VI. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of signature, all provisions contrary to this Circular are abolished.

2. This Circular applies to all entities connecting, providing, and using Internet services throughout the territory of Vietnam.

3. From the date this Circular takes effect, within thirty days, all computer networks or computers connected to the Internet by any means must cease operations if they have not been licensed in accordance with the Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government.

4. During the management process, if there are issues arising that are not clearly defined in this Circular, relevant ministries, sectors, and localities shall propose to the National Coordination Board for the Internet for decision./.