Circular No. 09/2011/TT-BTTTT amending and supplementing certain provisions of Circular No. 09/2008/TT-BTTTT dated December 24, 2008 and Circular No. 12/2008/TT-BTTTT dated December 30, 2008.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 09/2008/TT-BTTTT dated December 24, 2008

and Circular No. 12/2008/TT-BTTTT dated December 30, 2008

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Pursuant to Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on spam prevention;

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;

Pursuant to Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications,

The Minister of Information and Communications amends and supplements certain provisions of Circular No. 09/2008/TT-BTTTT dated December 24, 2008 guiding the management and use of Internet resources and Circular No. 12/2008/TT-BTTTT dated December 30, 2008 guiding the implementation of certain contents of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on spam prevention as follows:

1. Amending and supplementing Point 5.3 (a) Clause 5 Section II as follows:

"a) The registration dossier includes:

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

- A copy (accompanied by the original for comparison if submitted directly, certified if sent through postal service or express delivery) of the Business Registration Certificate, Investment Certificate, or Establishment Decision."

2. Amending and supplementing Clause 4 Section III as follows:

"4. Procedure for issuing network identification number

4.1. The dossier to be submitted to the Vietnam Internet Network Information Center (VNNIC) includes:

- "Network Identification Number Registration Form" according to the model prescribed by the Vietnam Internet Network Information Center (VNNIC).

4.2. Address for receiving dossiers and delivering results: Submit dossiers and receive results at the Vietnam Internet Network Information Center (VNNIC), address: 18 Nguyen Du Street, Hanoi, or via email: [email protected].

4.3. The time limit for responding to results or issuing the "Decision on Issuing Network Identification Number" to the agency, organization, or enterprise applying for registration shall not exceed 15 working days from the date of receipt of complete dossier as prescribed. In case of refusal to issue, the Vietnam Internet Network Information Center (VNNIC) will notify in writing and specify the reasons."

Article 2. Amending and supplementing certain provisions of Circular No. 12/2008/TT-BTTTT dated December 30, 2008 as follows:

1. Amending and supplementing Points 1.1, 1.2, 1.3 Clause 1 Section VI as follows:

"1.1. The provider of email advertising services shall report and compile statistics periodically every six months or upon request.

1.2. The provider of message advertising services shall report and compile statistics periodically every six months or upon request.

1.3. The provider of Internet-based messaging services shall report and compile statistics periodically every six months or upon request."

2. Amending and supplementing Clause 2 Section VI as follows:

"2. Reporting retained information:

Before May 15 and November 15 each year, the provider of email advertising services, the provider of message advertising services, and the provider of Internet-based messaging services shall report by email the information retained about rejection requests and confirmation of rejection requests for the previous six months."

3. Amending and supplementing Clause 3 Section VI as follows:

"3. Reporting time

- Periodic reporting: carried out before May 15 and November 15 each year;

- Annual reporting: carried out before November 15 each year;

- Ad hoc reporting: when requested by the Vietnam National CERT Center."

4. Issued together with this Circular the following reporting forms:

a) Form No. 1: Periodic reporting form of the provider of email advertising services.

b) Form No. 2: Periodic reporting form of the provider of message advertising services.

c) Form No. 3: Periodic reporting form of the provider of Internet-based messaging services.

5. Abolishing the reporting forms at Annexes 2A, 2B, 3A, 3B, 4A, and 4B attached to Circular No. 12/2008/TT-BTTTT dated December 30, 2008 of the Minister of Information and Communications guiding the implementation of certain contents of Decree No. 90/2008/NĐ-CP dated August 13, 2008 of the Government on spam prevention.

Article 3. Effectiveness

1. This Circular takes effect from May 25, 2011.

2. The Director of the Office, Heads of the Legal Department, Directors of the Vietnam Internet Network Information Center, Directors of the Vietnam National CERT Center, and relevant agencies, organizations, and individuals are responsible for implementing this Circular./.