Circular No. 09/2014/TT-BTTTT detailing the management, provision, and use of information on electronic websites and social networks

CIRCULAR

Regulations on management, provision, and use of information on electronic information websites and social networks

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Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Pursuant to Decree No. 72/2013/NĐ-CP dated July 15, 2013 of the Government on managing, providing, and using Internet services and information on networks;

Article 1. Amending and supplementing some articles of Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Minister of Information and Communications on forms for registration declaration, application for license, certificate, license, and business report as prescribed in Decree No. 06/2016/NĐ-CP dated January 18, 2016 of the Government on management, provision, and use of radio and television services.

The Minister of Information and Communications shall issue a Circular detailing regulations on management, provision, and use of information on electronic information websites and social networks electronic information websites and social networks.

Article 1. Scope of Regulation and Applicability

1. This Circular details regulations on management, provision, and use of information on electronic information websites and social networks.

2. This Circular applies to organizations and individuals within the country, and foreign organizations and individuals directly involved or related to the management, provision, and use of information on electronic information websites and social networks.

Article 3. General Provisions

1. Electronic information websites that do not require licensing:

a) Internal electronic information websites as defined in Clause 3, Article 20 of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision, and use of Internet services and information on the Internet (hereinafter referred to as Decree No. 72/2013/ND-CP).

b) Personal electronic information websites as defined in Clause 4, Article 20 of Decree No. 72/2013/ND-CP.

Individuals have the right to share information that does not violate the provisions of Article 5 of Decree No. 72/2013/ND-CP on personal electronic information websites and bear legal responsibility for the content posted and shared; they shall not represent other organizations or individuals and shall not provide aggregated information.

c) Electronic information websites of state agencies providing information as stipulated in Article 10 of Decree No. 43/2011/ND-CP dated June 13, 2011 of the Government on the provision of information and online public services on electronic information websites or portals of state agencies.

d) Specialized application electronic information websites as defined in Clause 5, Article 20 of Decree No. 72/2013/ND-CP do not require licensing under this Circular but must comply with specialized laws and relevant regulations.

đ) Internal forums dedicated to internal exchange and question-and-answer activities directly related to functions, tasks, authorities, organizational structure, services, products, and industries serving the operations of the respective agencies, organizations, or enterprises.

2. Electronic information websites requiring licensing:

a) Aggregated electronic information websites as defined in Clause 2, Article 20 of Decree No. 72/2013/ND-CP.

Internal electronic information websites, specialized application electronic information websites, and social networks providing aggregated information must apply for licensing as required for aggregated electronic information websites.

Aggregated electronic information websites of news agencies: Licensing requirements are the same as those for aggregated electronic information websites.

b) Social networks.

Internal electronic information websites, specialized application electronic information websites, and aggregated electronic information websites establishing social networks must apply for licensing as required for social networks.

Organizations and businesses establishing social networks are responsible for the content of information provided according to the law.

3. The homepage of an electronic information website must provide complete information: Name of the managing organization; name of the supervising agency (if applicable); contact address, email, phone number, and name of the person responsible for content management.

In addition to the above, aggregated electronic information websites, aggregated electronic information websites of news agencies, and social networks must clearly indicate the valid license number, date of issuance, and issuing authority.

4. When aggregating information, aggregated electronic information websites must follow the source information regulations stipulated in Clause 18, Article 3, and Clause 2, Article 20 of Decree No. 72/2013/ND-CP; they may not publish readers' comments or reviews about the content being aggregated (except for aggregated electronic information websites of news agencies).

5. After ninety days from the effective date of the license, if the organization or business licensed does not establish an aggregated electronic information website or social network, the license will lose its validity.

6. If there is a change in ownership of an aggregated electronic information website or social network that has been licensed, the new owner must reapply for licensing according to this Circular within thirty days from the transfer date. The licensing application must include the original license along with the documents specified in Article 6 of this Circular.

7. Personal information includes:

Full name;

Date of birth;

Identity card number or passport number, date of issuance, place of issuance;

Phone number, email address.

In cases where internet users are under fourteen years old and do not have passports, their lawful guardians decide on registering personal information on behalf of them and bear legal responsibility for such registration.

Article 3. The human resources conditions stipulated in point b, Clause 5, Article 23 of Decree No. 72/2013/NĐ-CP for granting permission to establish integrated electronic information websites and social networks.

1. Human resources conditions responsible for managing content.

a) The head of the organization or enterprise is the person responsible under the law for managing the content provided on integrated electronic information websites and social networks.

b) The person responsible for managing content must have a bachelor's degree or higher, hold Vietnamese citizenship. For foreigners, they must have a temporary residence address in Vietnam for at least six months.

c) The person responsible for managing content must provide a frequently used phone number and email address to central and local state management agencies for immediate coordination when necessary.

d) The head of the organization or enterprise may delegate responsibilities to a deputy who will be responsible for managing content information.

đ) Organizations and enterprises establishing integrated electronic information websites and social networks must establish a content management department.

2. Human resources conditions for the technical department.

The technical management department must have at least one person meeting the requirements specified in points g and h, Clause 2, Article 2 of Circular No. 03/2014/TT-BTTTT dated March 11, 2014, issued by the Ministry of Information and Communications regarding standards for information technology skills.

Article 4. Financial and technical conditions stipulated in point d, Clause 5, Article 23 of Decree No. 72/2013/NĐ-CP for issuing permits to establish integrated electronic information websites and social networks.

1. Organizations and enterprises applying for permits for integrated electronic information websites and social networks must have a financial plan ensuring the establishment of technical equipment systems as prescribed in this clause to maintain operations during the validity period of the permit.

2. Technical conditions.

Establishing a technical equipment system capable of meeting the following requirements:

a) For integrated electronic information websites: Storing at least ninety days from the date of publication for aggregated content; storing at least two years for processing logs published.

   b) For social networks: Storing at least two years for user account information, login and logout times, user IP addresses, and published processing logs.

c) Receiving and processing user notifications about violations.

d) Detecting, warning, and preventing unauthorized access, various forms of attacks in the network environment, and adhering to security standards.

đ) Having contingency plans to ensure continuous safe operation and recovery in case of incidents, except for force majeure cases as prescribed by law.

e) Ensuring that there is at least one server system located in Vietnam, allowing at any time to meet inspection, testing, storage, and provision of information on all owned electronic information sites and social networks according to points a, b, c, d, and đ, Clause 2 of this Article.

3. In addition to meeting the technical conditions stipulated in Clause 2 of this Article, the technical system established for social networks must also be able to meet the following requirements:

a) Implementing registration and storage of personal information of members as prescribed in Clause 7, Article 2 of this Circular.

b) Authenticating users through messages sent to their phone numbers or email accounts when registering for services or changing personal information.

c) Blocking or removing information violating the provisions of Article 5 of Decree No. 72/2013/NĐ-CP upon request from competent state management agencies.

d) Establishing a mechanism to warn members when posting content with violating content (filter).;

đ) Being ready to connect and verify personal information with the national database of citizen identification cards or the national individual code system upon request from competent authorities.

Article 5. The conditions for managing information and domain names as stipulated at point c, đ Clause 5 Article 23 Decree No. 72/2013/NĐ-CP for issuing licenses to establish comprehensive electronic information websites and social networks.

1. Conditions for managing information for comprehensive electronic information websites.

a) Having a public information management process: Identifying the scope of exploitable information sources, management mechanisms, pre- and post-publication information checks;

b) Having a mechanism to control information sources, ensuring that aggregated information published must be accurate according to the original source information;

c) Having a coordination mechanism to immediately remove content violating Clause 1 Article 5 Decree No. 72/2013/NĐ-CP no later than three hours from self-discovery or upon request from competent state agencies (by written notice, telephone, email);

2. Conditions for managing information for social networks:

a) Having service provision and usage agreements for social networks in accordance with the provisions of Decree No. 72/2013/NĐ-CP and made available on the homepage of the social network;

b) Ensuring that users must agree to the usage agreement for social network services through online means before being able to use the services and features of the social network;

c) Having a coordination mechanism to immediately remove content violating Clause 1 Article 5 Decree No. 72/2013/NĐ-CP no later than three hours from self-discovery or upon request from competent state agencies (by written notice, telephone, email);

d) Having measures to protect personal and private information of users;

đ) Ensuring the user's right to decide whether to allow the collection of their personal information or its provision to other organizations, businesses, or individuals;

3. Conditions for domain names:

a) For organizations and businesses that are not press agencies, the sequence of characters forming the domain name shall not resemble or match the name of a press agency;

b) Comprehensive electronic information websites and social networks of the same organization or business shall not use the same domain name;

c) The domain name must have at least six months remaining validity at the time of license application and must comply with the regulations of the Ministry of Information and Communications regarding the management and use of Internet resources;

Article 6. Documents for Applying for a License to Establish Comprehensive Electronic Information Websites and Social Networks

1. Documents for Applying for a License for a Comprehensive Electronic Information Website

The application documents are compiled into one set, including:

a) An application form for obtaining a license to establish a comprehensive electronic information website according to the model of the Ministry of Information and Communications (Form 01);

b) A certified copy of one of the following documents: Business Registration Certificate (for enterprises established under the Enterprise Law); Investment Certificate (for enterprises established under the Investment Law); Decision on Establishment (for non-enterprise organizations); Press Operation Permit (for press agencies); Charter of Activities (for associations and mass organizations);

The Business Registration Certificate, Investment Certificate, or Decision on Establishment must include business fields or functions consistent with the content provided on the comprehensive electronic information website;

c) A certified copy of a bachelor's degree or higher and a resume of the person responsible for content management, confirmed by a competent state agency, with a photograph and embossed seal;

d) A project plan signed and stamped by the head of the organization or enterprise applying for the license. The project includes the following main contents:

Regarding information content: Purpose of providing information; information content, planned sections; official sources of information, home page printout, and main section pages;

Organizational, personnel, technical, information management, and financial plans to ensure the operation of the comprehensive electronic information website in compliance with Clause 5 Article 23 Decree No. 72/2013/NĐ-CP and meeting the conditions stipulated in Articles 3, 4, and 5 of this Circular;

Location of the server system in Vietnam;

đ) Written approval from information source providers to ensure the legality of the information sources;

2. Documents for Applying for a License to Establish a Social Network

The application documents are compiled into one set, including:

a) An application form for obtaining a license to establish a social network according to the model of the Ministry of Information and Communications (Form 02);

b) A certified copy of one of the following documents: Business Registration Certificate (for enterprises established under the Enterprise Law); Investment Certificate (for enterprises established under the Investment Law); Decision on Establishment (for non-enterprise organizations);

The Business Registration Certificate, Investment Certificate, or Decision on Establishment must include business fields or functions consistent with the type of social networking service intended to be provided;

c) A certified copy of a bachelor's degree or higher (original) and a resume of the person responsible for content management, confirmed by a competent state agency, with a photograph and embossed seal;

d) A project plan signed and stamped by the head of the organization or enterprise applying for the license. The project includes the following main contents:

Methods of organizing social networks, types of services, scope, and areas of information exchange;

Organizational, personnel, technical, information management, and financial plans to ensure the operation of the social network in compliance with Clause 5 Article 23 Decree No. 72/2013/NĐ-CP and meeting the conditions stipulated in Articles 3, 4, and 5 of this Circular;

Location of the server system in Vietnam;

đ) Service provision and usage agreements for social networks must include at least the following contents:

Prohibited contents for exchange and sharing on social networks;

Rights and responsibilities of social network service users;

Rights and responsibilities of organizations and businesses establishing social networks;

Mechanism for handling members who violate the service provision and usage agreements for social networks;

Warning users about risks when storing, exchanging, and sharing information on social networks;

Mechanism for resolving disputes between social network members and organizations or businesses establishing social networks or with other organizations or individuals;

Publicly disclosing whether or not personal data of users is collected and processed in the service provision and usage agreements for social networks;

Policy for protecting personal and private information of social network service users.

Article 7. Competence, procedures, formalities for issuing licenses to establish integrated electronic information websites and social networks

Clause 1. Authority to issue permits

a) The Ministry of Information and Communications issues the license to establish social networks.

b) The Radio, Television and Electronic Information Administration issues the license to establish integrated electronic information websites for the following entities:

News agencies;

Diplomatic and consular agencies; organizations under central authorities (except cases issued by Provincial Departments of Information and Communications);

Legally operating religious organizations in Vietnam;

Legally operating foreign governmental and non-governmental organizations in Vietnam;

Provincial Departments of Information and Communications.

c) Provincial Departments of Information and Communications issue the license to establish integrated electronic information websites for the following entities:

Organizations and enterprises established, licensed to operate, or registered to operate by local state management agencies;

Systems of organizations (vertical systems) of central-level organizations in local areas (including state organizations, political organizations, political-social organizations, social organizations, state-owned enterprises);

Universities, colleges, academies, higher education institutions, vocational training institutions with headquarters in local areas;

Enterprises licensed to operate by central-level state management agencies with headquarters in local areas;

Units subordinate to groups with headquarters in local areas.

d) Provincial Departments of Information and Communications receive and verify the validity of applications for licenses to establish integrated electronic information websites from local news agencies and submit written requests (with attached files) to the Radio, Television and Electronic Information Administration for examination and issuance of licenses.

2. Procedures and formalities for issuing licenses to establish integrated electronic information websites.

a) Applications for licenses shall be submitted directly or via postal service to the competent authority as prescribed in Article 23 of Decree No. 72/2013/NĐ-CP and Clause 1 of this Article;

b) Within fifteen working days from the date of receipt of valid applications, the competent authority examines and issues licenses to establish integrated electronic information websites. In case of refusal, the competent authority shall provide a written response stating the reasons.

c) Within five working days from the date of receipt of valid applications from local news agencies, Provincial Departments of Information and Communications shall review and forward the application along with a written request for issuance of a license to the Radio, Television and Electronic Information Administration. In case of invalid applications, Provincial Departments of Information and Communications shall provide a written response stating the reasons.

3. Procedures and formalities for issuing licenses to establish social networks.

a) Applications for licenses shall be submitted directly or via postal service to the Radio, Television and Electronic Information Administration;

b) Within thirty working days from the date of receipt of valid applications, the Radio, Television and Electronic Information Administration shall examine and submit to the Minister of Information and Communications for issuance of licenses. In case of refusal, the Radio, Television and Electronic Information Administration shall provide a written response stating the reasons.

Article 8. Amending, supplementing, extending, and reissuing licenses for establishing online news portals and social networks

1. The competent authority issuing licenses pursuant to Clause 7, 8, and 9 of Article 23 of Decree No. 72/2013/NĐ-CP and Article 7 of this Circular shall have the authority to decide on amending, supplementing, reissuing, extending, and revoking licenses.

2. Procedures for amending and supplementing licenses

a) Organizations and enterprises holding licenses for establishing online news portals and social networks must complete procedures for amending and supplementing their licenses in the following cases:

Changing the name or headquarters address of the organization or enterprise;

Changing the domain name;

Changing the location of servers within Vietnam;

Changing the scope of information and services provided;

Changing the responsible personnel;

Amending or supplementing the fields of information provided for online news portals; types of social network services for social networks.

b) Organizations and enterprises submit a written request clearly stating the content and reasons for amendment and supplementation, along with relevant supporting documents, to the licensing authority.

c) Within fifteen working days from the date of receiving a valid application, the competent authority shall review and issue amended or supplemented licenses. In case of refusal, the licensing authority shall provide a written response specifying the reasons.

3. Extending licenses

a) Thirty days before the expiration of the license, organizations and enterprises wishing to extend their licenses shall submit a written request for extension, clearly stating the duration of extension, accompanied by a copy of the issued license to the licensing authority.

b) Within fifteen working days from the date of receiving a valid request, the competent authority shall review and issue extended licenses. In case of refusal, the licensing authority shall provide a written response specifying the reasons.

c) A license may be extended no more than two times, each time not exceeding two years.

4. Reissuing licenses

a) In case the license is lost or damaged and cannot be used, organizations and enterprises holding the license shall submit a written request for reissue to the licensing authority. The request must clearly state the license number, issuance date, and reason for requesting reissue. If the license is damaged, it must be submitted together with the damaged license.

b) Within ten working days from the date of receiving the request, the licensing authority shall examine and reissue the license. In case of refusal, the licensing authority shall provide a written response specifying the reasons.

Article 9. Reporting System

1. Organizations and enterprises establishing online news portals

a) Shall implement regular reporting once a year and ad hoc reporting as required by the competent state management agency.

b) The content of regular reports shall follow the model prescribed by the Ministry of Information and Communications (Form 03).

2. Organizations and enterprises establishing social networks

a) Shall implement regular reporting once a year and ad hoc reporting as required by the competent state management agency.

b) The content of regular reports shall follow the model prescribed by the Ministry of Information and Communications (Form 04).

3. Time limit for reporting

Organizations and enterprises establishing online news portals and social networks shall submit their reports before January 15th each year.

4. Forms of submitting reports

Organizations and enterprises establishing online news portals and social networks shall submit their reports via postal service or directly at the competent state management agency according to the following addresses:

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

b) Provincial Department of Information and Communications where the enterprise has registered its headquarters.

5. Provincial Departments of Information and Communications shall report regularly every six months to the Ministry of Information and Communications (before January 31st and July 31st each year) on the management of electronic information on the Internet in their respective provinces.

Article 10. Issuing forms during the process of managing, providing, and using information on electronic information websites and social networks.

The following forms are issued together with this Circular:

1. Application for issuance of a license to establish an integrated electronic information website on the network according to the form of the Ministry of Information and Communications (Form No. 01);

2. Application for issuance of a license to establish a social network according to the form of the Ministry of Information and Communications (Form No. 02);

3. Periodic report content according to the form of the Ministry of Information and Communications of organizations and enterprises establishing integrated electronic information websites (Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives);

4. Periodic report content according to the form of the Ministry of Information and Communications of organizations and enterprises establishing social networks (Form number 04);

5. License to establish an integrated electronic information website on the network (Form number 05);

6. License to establish a social network on the network (Form number 06).

Article 11. Effective Date

1. This Circular takes effect from October 3, 2014, and replaces Circular No. 14/2010/TT-BTTTT dated June 29, 2010, of the Ministry of Information and Communications detailing certain provisions of 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 for the management of electronic information websites and online social networking services, and replaces Circular No. 07/2008/TT-BTTTT dated December 18, 2008, of the Ministry of Information and Communications guiding certain contents regarding the provision of information on personal electronic information websites 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.

2. Integrated electronic information websites that have been granted licenses in accordance with 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 and Circular No. 14/2010/TT-BTTTT dated June 29, 2010, shall continue their operations until the licenses expire and then proceed with the application procedures for new licenses in accordance with this Circular.

3. Social networks that have been granted service provision confirmation certificates in accordance with Decree No. 97/2008/NĐ-CP dated August 28, 2008, and Circular No. 14/2010/TT-BTTTT dated June 29, 2010, if they wish to continue operating must apply for new licenses in accordance with this Circular within 180 days from the date this Circular takes effect.

4. During implementation, organizations, businesses, and individuals encountering difficulties should reflect these issues to the Ministry of Information and Communications for consideration and resolution./.