Circular No. 09/2008/TT-BTTTT guiding the management and use of Internet resources

CIRCULAR

Guidelines on the management and use of Internet resources

____________________

Pursuant to the Law on Information Technology dated June 29, 2006;

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 guides the implementation of regulations on management and use of Internet resources as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope and objects regulated

This Circular guides the implementation of regulations on management and use of Internet resources for all organizations and individuals participating in activities in the field of the Internet in Vietnam.

2. Terms used in this Circular shall be understood as follows:

2.1. Internet resources include systems of names and numbers used for the Internet that are uniformly defined on a global scale. Internet resources include:

a) Domain name (DN);

b) Internet address, also known as IP address;

c) Network number (ASN);

d) Other numbers and names as prescribed by the Ministry of Information and Communications.

2.2. Domain Name Domain name is the name used to identify the Internet address of a server consisting of sequences of characters separated by dots “.” The structure of domain name includes:

a) Top-level domain (the last sequence of characters):

Top-level domain (TLD) comprises generic top-level domain (gTLD) and country code top-level domain (ccTLD).

Generic top-level domain (gTLD) includes the following domains: .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .NAME; .PRO; .AERO; .MUSEUM; .COOP and other generic top-level domains as prescribed by international organizations with authority over Internet resources.

Country code top-level domain (ccTLD) includes domains specified according to international standards for country codes [ISO3166]. Country code top-level domains change when new countries or territories are added or when countries are merged.

b) Second-level, third-level, fourth-level, and fifth-level domains are domains in order under the top-level domain. A domain must have at least two levels: second level and top level.

c) International domain name is a domain under generic top-level domain (gTLD) and country code top-level domain (ccTLD) outside the Vietnamese national domain “.vn”.

2.3. Internet Address is the network address of a device or server, including generations of IPv4, IPv6 addresses, and future generations of addresses to be used.

2.4. Network Identifier (ASN) is the number used to identify a computer network participating in common routing activities on the Internet.

2.5. Domain Name System (DNS) is a set of interconnected server clusters designed to respond with the corresponding IP address when queried for a domain name. Domain registration

2.6. is the process and procedure to recognize, activate, and maintain a domain name on the Internet. Pre-registration for the Vietnamese national domain “.vn” is the process and procedure to include the domain name in the database of the national DNS system ".vn". 2.7. Using a domain name involves linking it to the Internet address (IP address) of a server serving applications on the network; or to protect trademarks, brand names, service names, organizational names from being occupied.

2.8. Domain registrar is an organization providing domain registration and maintenance services including the Vietnamese national domain registrar “.vn” and international domain registrars in Vietnam.

3. Principles of management and use of Internet resources

3.1. Vietnam’s Internet resources, as part of the national information resources, must be managed, exploited, and used for their intended purposes effectively.

3.2. It is strictly prohibited to use Internet resources for purposes that oppose the Socialist Republic of Vietnam, disrupt national security, economy, public order, social safety, violate ethnic customs and traditions, infringe upon the lawful rights and interests of organizations and individuals, or illegally obstruct the operation of the national DNS system.

3.3. Internet resources related to the activities of Party agencies, state agencies must be prioritized for protection and not be infringed upon.

4. Internet resource management agency

The Vietnam Internet Network Information Center (VNNIC), a unit under the Ministry of Information and Communications, performs functions of managing, monitoring, promoting development, and supporting the use of Internet resources in Vietnam.

5. Fees and charges

Organizations, entities, and individuals using Internet resources are responsible for paying fees and charges before the resources enter into operation or continue to operate. The Vietnam Internet Network Information Center organizes the collection and payment of fees and charges in accordance with the provisions of the Ministry of Finance and other current regulations.

II. VIETNAMESE NATIONAL DOMAIN “.vn”

1. Domain structure

1.1. The “.vn” domain is the highest-level national domain for Vietnam. All subdomains under “.vn” have equal value for identifying Internet addresses for servers registered in Vietnam.

1.2. Second-level domains are domains under “.vn” including non-sector-specific second-level domains and sector-specific second-level domains (sLTD) as follows:

a) COM.VN: For organizations and individuals engaged in commercial activities.

b) BIZ.VN: For organizations and individuals engaged in business activities, equivalent to the COM.VN domain.

c) EDU.VN: For organizations and individuals engaged in education and training activities.

d) GOV.VN: For central and local state agencies.

đ) NET.VN: For organizations and individuals engaged in establishing and providing network services.

e) ORG.VN: For organizations engaged in political, cultural, and social activities.

f) INT.VN: For international organizations in Vietnam.

g) AC.VN: For organizations and individuals engaged in research activities.

h) PRO.VN: For organizations and individuals engaged in specialized fields.

i) INFO.VN: For organizations and individuals engaged in information production, distribution, and provision.

k) HEALTH.VN: For organizations and individuals engaged in pharmaceutical and healthcare activities.

l) NAME.VN: For personal names of individuals participating in Internet activities.

m) Other domains as prescribed by the Ministry of Information and Communications.

1.3. Administrative region-based second-level domains are Internet domains named after provinces and centrally-administered cities. Administrative region-based second-level domains are written in Vietnamese or without diacritical marks in Vietnamese.

1.4. Vietnamese domain name

1.4. Vietnamese domain name

a) Vietnamese domain names within the Vietnamese national domain system “.vn” consist of characters defined in the Vietnamese character set according to standard TCVN 6909:2001 and characters from the extended Vietnamese character set as specified in that standard.

b) Vietnamese domain names include second-level domains and third-level domains under second-level domains based on administrative boundaries written in Vietnamese. Domain names must be meaningful in the Vietnamese language and cannot be entirely abbreviated.

2. Principles for registering and using Vietnamese national domain names “.vn”

2.1. General principles:

a) Vietnamese national domain names ".vn" must have at least one or a series of characters under the top-level domain “.vn”.

b) Registration with Vietnamese domain name registrars shall be conducted on an equal basis without discrimination. Organizations and individuals who register first have the right to use first.

c) Vietnamese national domain names ".vn" are not subject to the provisions of the Intellectual Property Law. A sequence of characters or a character that is a trademark, brand name, product name, service name, copyright, or work, if only registered for protection online, will not be protected in reality, and vice versa, trademarks, brand names, product names, service names, copyrights, or works, if only registered for protection in reality, will not be protected online unless they are registered in the domain name structure.

d) Registered domain names may contain characters from A to Z; 0 to 9, Vietnamese characters in the Vietnamese alphabet, and all characters accepted by the domain name server system on the network. These characters are case-insensitive.

đ) Registered domain names may contain the character “-” but cannot start or end with this character.

e) Registered domain names cannot start with the sequence of characters “xn--”.

f) Each level of registered domain names cannot exceed 63 characters.

2.2. Specific principles:

a) Domain names chosen by organizations and individuals for registration must ensure that they do not contain phrases that infringe upon national interests or are inappropriate to social morals, customs, and traditions of the nation; they must reflect seriousness to avoid misunderstandings or misinterpretations due to homophones, polysemes, or when diacritical marks are not used in Vietnamese.

b) Domestic and foreign organizations and individuals participating in Internet activities can register and use second-level domains under the Vietnamese national domain “.vn” (excluding common second-level domains (gSLD) as stipulated in Points 1.2 and 1.3, Clause 1, Section II above) and third-level domains under common second-level domains.

c) Party and state agencies must use Vietnamese national domain names “.vn” and store information on servers with IP addresses in Vietnam for their official electronic websites.

d) Domain names representing Party organizations and state agencies are reserved exclusively for these organizations. Party organizations and state agencies are responsible for reserving these domain names with the Vietnam Internet Center to protect them. Other organizations and individuals not mentioned above are not allowed to register or use these domain names.

đ) When granted a second-level domain under the Vietnamese national domain “.vn”, agencies, organizations, and enterprises, if needed, can only grant third-level domains under their second-level domains to affiliated units and individuals working in the agency for internal use, while also being responsible for managing subdomains under their own domain. Individuals are not permitted to grant third-level domains under their second-level domains to other organizations or individuals.

e) Only Vietnamese domain name registrars can grant third-level domains under second-level domains “.vn” to other organizations and individuals. 

3. Responsibilities of organizations and individuals registering and using domain names

3.1. Organizations and individuals registering and using domain names must fully bear legal responsibility for the purpose of use and the accuracy of the provided information, ensuring compliance with regulations for domain name registration and usage, and not infringing upon the legitimate rights and interests of other organizations and individuals.

3.2. Organizations and individuals registering domain names are responsible for managing and maintaining the use of their domain names and must bear responsibility for any violations in the use of their domain names caused by lax management.

3.3. Organizations and individuals must provide complete information about the domain name server to which the domain name points when registering a domain name.

3.4. Organizations and individuals legally operating in Vietnam using international domain names to establish electronic websites must notify the Ministry of Information and Communications at the website www.thongbaotenmien.vn.

4. Vietnamese domain name registrars “.vn”

4.1. Vietnamese domain name registrars “.vn” are organizations providing domain name registration and maintenance services at various levels of “.vn” selected by the Vietnam Internet Center based on contracts according to the following principles:

a) They are organizations in Vietnam or abroad with full and clear legal status as prescribed by law.

b) They possess financial capability, adequate technical means, personnel, internet networks, and management systems suitable for providing Vietnamese national domain name registration and maintenance services in accordance with their scale of operations, as required by the Vietnam Internet Center.

c) They commit to complying with regulations on Internet resource management and electronic information management on the Internet.  on the Internet.

4.2. Responsibilities of Vietnamese domain name registrars “.vn”

a) Adhere to telecommunications, Internet, and related laws, regulations set forth in this Circular, and contractual terms signed with the Vietnam Internet Center.

b) Bear responsibility for domain name registration, ensuring maintenance and security for domain names of registered organizations and individuals on their domain name server (DNS) system.

c) Provide complete information about the registrant of the domain name as requested by competent authorities and the Vietnam Internet Center, including: Name, contact address, phone number, email address for organizations; Name, contact address, phone number, ID card number or passport number for individuals. 

d) The domain name registrar for the ".vn" domain within the country must use a primary Domain Name Server (Primary DNS) with the national domain name ".vn" to provide Domain Name System (DNS) services when the subject registering the ".vn" domain requests such services.

đ) The domain name registrar for the ".vn" domain within the country shall accept registration applications for the ".vn" domain from organizations and individuals both within Vietnam and abroad. Providing registration services for organizations and individuals outside Vietnam must comply with Vietnamese laws and the laws of the respective countries.

e) The domain name registrar for the ".vn" domain outside the country shall accept registration applications for the ".vn" domain from organizations and individuals both outside Vietnam and within Vietnam. Providing registration services for organizations and individuals within Vietnam must comply with Vietnamese laws and can only be carried out through an officially authorized agent in Vietnam.

f) The domain name registrar for the ".vn" domain may not register domain names under any form of speculation; it may not obstruct or attempt to obstruct organizations or individuals from legally registering and using domain names they desire.

g) After terminating or settling the domain maintenance contract with the previous ".vn" domain registrar, organizations and individuals have the right to choose and switch their domain maintenance to a new ".vn" domain registrar. The previous ".vn" domain registrar must execute the transfer and may not obstruct when organizations or individuals using the domain request such action.

h) Cooperate with the Vietnam Internet Network Information Center and relevant government authorities to resolve and handle matters related to the ".vn" domain.

i) Implement regular and ad hoc reporting as required and guided by the Vietnam Internet Network Information Center.

k) Cease or temporarily suspend service provision upon request of the competent government authority.

l) Develop and publicly announce forms, procedures, and registration processes for domain names.

4.3. Rights of the ".vn" domain registrar

a) Organize and implement domain registration services for the ".vn" domain in Vietnam and abroad.

b) Receive registration and maintenance commissions for the ".vn" domain according to current regulations.

c) Have the right to refuse service provision when organizations or individuals violate domain registration regulations.

d) Have the right to cease service provision when organizations or individuals who registered the domain fail to pay the prescribed domain fees and charges.  

5. International domain registrars in Vietnam

5.1. An international domain registrar in Vietnam is an organization or enterprise operating legally in Vietnam that has been contracted by an international domain registrar based overseas to act as an agent providing international domain registration and maintenance services in Vietnam.  5.2. Responsibilities of the international domain registrar in Vietnam:

a) Complete registration of operations with the Ministry of Information and Communications according to the procedures and formalities stipulated in Point 5.3, Clause 5, Section II of this Circular.

b) Commit to complying with regulations on managing and utilizing Internet resources and managing electronic information.

c) Bear responsibility for managing international domains and ensuring accurate information about the name, contact address, phone number, and email of organizations and individuals in Vietnam registering international domains; guide organizations and individuals registering to use international domains to notify the Ministry of Information and Communications via the website www.thongbaotenmien.vn as provided for in Article 23 of the Law on Information Technology.  on the Internet.

d) Before the 15th day of the first month of each quarter, report an updated list of international domains currently managed to the Ministry of Information and Communications via the internet. Detailed guidance information is specified on the website www.thongbaotenmien.vn.

đ) Provide information and cooperate with relevant government authorities to resolve and handle matters related to international domains.

5.3. Procedures for registering operations of international domain registrars in Vietnam

a) Registration documents include:

- A registration application form according to the prescribed model (Annex 1) issued together with this Circular.

- A copy of the Business Registration Certificate, Investment Certificate, or Decision on Establishment.

b) Address for receiving registration documents:

- Ministry of Information and Communications - 18 Nguyen Du Street, Hanoi.

c) Confirmation of registration:

- Within ten working days from the date of receipt of a valid registration application from the enterprise, the Ministry of Information and Communications will send the enterprise a notification confirming receipt of the valid registration application and inclusion in the management list on the website www.thongbaotenmien.vn, or a document requesting additional or completed registration documents if the application does not meet the prescribed requirements.

- Enterprises may only provide services or continue providing public services after receiving a notification from the Ministry of Information and Communications confirming receipt of a valid registration application from the enterprise.

- Confirmation method: By written document or through the internet environment according to addresses specified by the Ministry of Information and Communications on the website www.thongbaotenmien.vn.

6. Procedures for registering the national domain name "vn"

6.1. Place of registration: Through ".vn" domain registrars, addresses listed on the website www.nhadangky.vn

6.2. Registration documents: The registration documents for the national domain name "vn" must contain at least the following information as prescribed by the ".vn" domain registrar on its website:  

a) For agencies and organizations: Name, address, phone number, email address.

b) For individuals: Name, year of birth, address, identification card number or passport number, phone number, email address.

6.3. Registration methods:

a) Directly at the offices of the ".vn" domain registrar.

b) Online registration via the Internet: If organizations and individuals use their bank accounts or credit cards to pay the domain fees.

7. Changing information for the national domain name "vn"

7.1. Completely changing a domain name involves registering a new domain name according to the registration principles stipulated in Clause 2, Section II of this Circular. In this case, the old domain name will be revoked.

7.1. Changing a domain name entirely shall be treated as registering a new domain name in accordance with the registration principles stipulated in Clause 2, Section II of this Circular. In this case, the old domain name will be revoked.

7.2. When changing the name or contact information such as address, telephone number, fax, email, and identity card of organizations or individuals, they must immediately notify the ".vn" domain registrar to ensure accurate information for the procedures to maintain the domain.

8. Return, suspend, or revoke the national ".vn" domain

8.1. Returning the domain:     

When there is no longer a need to use it, organizations, individuals shall submit a written request to return the domain to the relevant ".vn" domain registrar. A domain that has expired without renewing the maintenance fee will also be considered as no longer needed and subject to return.

8.2. Suspension of the domain in the following cases:

a) In case of violation: Upon a written request from a competent state agency or violation of prohibitive provisions in this Circular. The suspension of the domain will be carried out immediately.

b) In case of non-payment of the renewal fee upon expiration: The ".vn" domain registrar shall remind or suspend the domain during the maximum extension period of up to 30 consecutive days from the date of expiration.

c) Suspension of second-level domains if third-level domains under second-level domains of organizations, enterprises violate regulations and fail to handle them according to a written request from a competent state agency or improperly assign third-level domains under second-level domains.

8.3. Revocation of the domain in case of violation:

a) Upon a written request from competent state agencies or based on the resolution of domain dispute proceedings in accordance with the law.

b) Violation of the provisions at Point 3.2, Clause 3, Section I; Point 2.2.a), Clause 2, Section II of this Circular as decided by the management authority; Providing inaccurate information when registering the domain; Registering the domain with an inappropriate name, such as the name of a political organization or state agency.

c) The domain will be revoked after suspension or written warning if the organization, entity, or individual continues to violate.

8.4. Notification to implement

a) Suspension:

The Vietnam Internet Center requests the ".vn" domain registrar to issue a written notification to implement the suspension for organizations and individuals concerned as stipulated in Point 8.2.a), Clause 8, Section II above.

b) Revocation:

The Vietnam Internet Center requests the ".vn" domain registrar to issue a written notification to implement the revocation of the domain as stipulated in Point 8.3, Clause 8, Section II above for organizations and individuals concerned.

III. INTERNET ADDRESS AND NETWORK NUMBER

1. Principles for allocation and use of IP addresses

1.1. Organizations and enterprises requiring to establish networks connected to the Internet have the right to apply for IP addresses and network numbers for their own use and redistribution to customers within their network. Encouragement is given to the registration of IPv6 addresses. When IPv4 addresses are exhausted, IPv6 addresses will be automatically allocated for new IP address requests.  1.2. IP addresses are fully allocated based on actual usage needs and are valid throughout the territory of Vietnam. Organizations and entities participating in Internet activities must route these address ranges according to the guidance of the Vietnam Internet Center; they may not route address ranges outside the management and allocation scope of the Vietnam Internet Center except in cases of international gateway connections; they must cooperate with the national DNS system in technical and routing policy areas to ensure safe and efficient operation of the Vietnamese Internet.

1.3. Management and allocation of IP addresses for use on the Vietnamese Internet must comply with the policies of international organizations authorized to plan and allocate addresses for Vietnam. If unused for more than six months from the date of allocation, the addresses will be reclaimed unless there is a legitimate reason.

2. Procedures for allocating Internet addresses

2.1. Organizations and individuals applying for IP addresses from Internet Service Providers (ISPs) shall submit applications directly to the ISP and follow the ISP's guidelines.

2.2. ISPs and organizations requiring independent IP addresses for multi-directional connections to multiple ISPs shall submit applications directly to the Vietnam Internet Center.

2.3. Documents submitted to the Vietnam Internet Center include:

a) "Application for Allocation of Internet Address" in the format prescribed by the Vietnam Internet Center.

b) Decision on establishment or business registration certificate (original or certified copy).

c) Address for receiving applications: Vietnam Internet Center, 18 Nguyen Du Street, Hanoi.

2.4. The response time for results or issuance of the "Decision on Allocation of Address" to organizations, entities, and enterprises shall not exceed fifteen working days from the date of receipt of complete and valid documents. In case of refusal, the Vietnam Internet Center will notify in writing and specify the reasons.

3. Principles for allocation and use of Autonomous System Numbers (ASNs)

3.1. Based on the actual usage needs of organizations, entities, and enterprises. Organizations already allocated IP addresses from the Vietnam Internet Center have the right to apply for ASN allocation.

3.2. Use ASNs within the Vietnamese IP address range with independent routing policies, connecting to service providers with different routing policies.

3.3. Organizations allocated ASNs may only use them within their own networks.

3.4. If unused for more than six months from the date of allocation, ASNs will be reclaimed unless there is a legitimate reason.

4. Procedures for allocating ASNs

4.1. Documents submitted to the Vietnam Internet Center include:

a) "Application for Allocation of Autonomous System Number" in the format prescribed by the Vietnam Internet Center.

4.2. Address for receiving applications:

c) Address for receiving applications: Vietnam Internet Center, 18 Nguyen Du Street, Hanoi.

Vietnam Internet Center, 18 Nguyen Du Street, Hanoi.

4.3. The response time for results or issuance of the "Decision on Allocation of Autonomous System Number" to registered organizations, entities, and enterprises shall not exceed fifteen working days from the date of receipt of complete and valid documents. In case of refusal, the Vietnam Internet Center will notify in writing and specify the reasons.

. RESOLUTION OF COMPLAINTS, DISPUTES, AND VIOLATION HANDLING

IV1. Resolution of complaints

Complaints regarding domain registration, allocation, and maintenance procedures

When there is a business complaint regarding the registration, issuance, and maintenance of a domain name  In case of disputes related to domain names, the relevant parties shall submit complaints to the ".vn" Domain Registrar for consideration and resolution. Complaints regarding registration, allocation, and maintenance of Internet addresses and network numbers shall be submitted to the Vietnam Internet Center for resolution. Upon receipt of the complaint, the relevant ".vn" Domain Registrar and the Vietnam Internet Center shall have the responsibility to examine and resolve the complaint in accordance with current laws.

2. Resolution of Disputes

Civil or commercial disputes relating to the use of domain names by organizations or individuals shall be resolved according to the forms prescribed in Article 76 of the Law on Information Technology: Through negotiation, mediation; Through arbitration; By initiating a lawsuit at the Court.

2.  Handling of violations

Any violation of the Provisions on the Management and Use of Internet Resources shall be subject to penalties under current laws on telecommunications, the Internet, information technology, and other relevant legal provisions.

V. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 27/2005/QĐ-BBCVT dated August 11, 2005, issued by the Minister of Posts and Telecommunications on the Provisions on the Management and Use of Internet Resources. 

2. The Inspectorate of the Ministry of Information and Communications shall coordinate with the Vietnam Internet Center, provincial Departments of Information and Communications, and other competent state agencies to implement the handling of violations of the contents stipulated in this Circular.

3. The Vietnam Internet Center shall be responsible for:

a) Guiding and inspecting agencies, organizations, and individuals participating in Internet activities to comply with the contents prescribed in this Circular.

b) Implementing necessary measures to ensure management work. Issuing forms and guidelines related to the management and use of Internet resources.

4. During implementation, if there are any difficulties or feedback, they shall be promptly reported to the Ministry of Information and Communications for review, supplementation, and amendment./.