Circular No. 10/2008/TT-BTTTT on the resolution of disputes over national domain names ".vn".

CIRCULAR

Provisions on the Resolution of Disputes over National Domain Names ".vn" of Vietnam

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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;

Based on Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on the management, provision, and use of Internet services and electronic information on the Internet;

The Ministry of Information and Communications hereby provides detailed regulations on the resolution of disputes over national domain names ".vn" of Vietnam 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.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular stipulates the resolution of disputes over domain names arising during the use of sub-level domain names under the national domain name ".vn" of Vietnam (hereinafter referred to as "domain names"); grounds for resolving domain name disputes; forms of resolving domain name disputes and handling disputed domain names.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to the Claimant and the Respondent related to the resolution of domain name disputes arising during the use thereof.

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

3.1. “Domain Name"Domain name" is the name used to identify Internet addresses.

3.2. “Claimant"Claimant" is an agency, organization, or individual initiating a lawsuit regarding a domain name dispute when they believe their legitimate rights and interests have been infringed upon.

3.3. “Respondent"Respondent" is an agency, organization, or individual currently using the domain name and being sued by the Claimant concerning the domain name dispute.

3.4. “VNNIC"VNNIC" is the Vietnam Internet Network Information Center, the authority managing the national domain name ".vn" under the Ministry of Information and Communications.

3.5. Domain Name Registrar ".vn" is the organization conducting activities to register the national domain name ".vn" of Vietnam.

3.6. “Parties"Parties" include the Claimant and the Respondent.

3.7. “Domain Name Dispute"Domain Name Dispute" is a dispute arising from civil relations or commercial activities involving the legitimate rights and interests of agencies, organizations, or individuals in the use of domain names.

3.8. “Use of Domain Name"Use of Domain Name" refers to the act of associating the domain name with 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.

II. GROUNDS FOR RESOLVING DOMAIN NAME DISPUTES

1. Conditions for Initiating a Domain Name Dispute

In addition to the requirements for initiating a lawsuit and the content of the complaint as prescribed by law, the content of the complaint for a domain name dispute initiated by the Claimant must also satisfy the following three conditions:

1.1. The disputed domain name is identical or similar enough to cause confusion with the name of the Claimant; identical or similar enough to cause confusion with a trademark or service mark that the Claimant has rights or legitimate interests in.

1.2. The Respondent does not have any rights or legitimate interests related to the domain name.

1.3. The domain name has been used by the Respondent with malicious intent towards the Claimant.

2. Acts of Using Domain Names with Malicious Intent

A domain name is considered to be used with malicious intent if it is intended to carry out one of the following acts:

2.1. Renting or transferring the domain name to the owner of the name, trademark, or service mark that is identical or similar enough to cause confusion with the domain name; renting or transferring to a competitor of the Claimant for personal gain or to earn improper profits; or

2.2. Occupying, preventing the owner of the name, trademark, or service mark from registering a corresponding domain name; or

2.3. Damaging the reputation of the Claimant, hindering the business operations of the Claimant, or causing confusion or loss of trust among the public regarding the name, trademark, or service mark of the Claimant; or

2.4. Other cases proving the use of the domain name with malicious intent.

3. Evidence for Rights and Legitimate Interests Related to Domain Names

The Respondent is considered to have rights and legitimate interests related to the domain name if they meet one of the following conditions:

3.1. They have used or have clear evidence of preparing to use the domain name or a name corresponding to the domain name in connection with the provision of products, goods, or services in a genuine manner before the dispute arose; or

3.2. They are known to the public by the domain name even without trademark or service mark rights; or

3.3. They are using the domain name legally without commercial purposes or using the domain name in good faith without commercial purposes or misleading the public to understand incorrectly or confuse them, affecting the name, trademark, or service mark of the Claimant.

3.4. Other evidence proving legality.

III. FORMS OF RESOLVING DOMAIN NAME DISPUTES

1. Forms of Resolving Domain Name Disputes

The resolution of domain name disputes, at the choice of the parties, may be carried out through the following forms:

1.1. Through negotiation and mediation.

1.2. Through arbitration.

1.3. Initiating a lawsuit at court.

2. Resolving Domain Name Disputes Through Negotiation and Mediation

2.1. The parties may conduct mediation before or during litigation proceedings. The procedure for pre-litigation or in-litigation mediation shall be carried out in accordance with the provisions of the law.

2.2. In case the parties reach an agreement on resolving the dispute, they must prepare a successful mediation record in accordance with the provisions of the law, and this record must be sent to the relevant ".vn" domain registrar or VNNIC as the basis for handling the disputed domain name.

3. Resolving Domain Name Disputes Through Arbitration

The parties may choose arbitration as a form to resolve domain name disputes arising from commercial activities. The procedure for resolving domain name disputes arising from commercial activities at arbitration centers shall be carried out in accordance with the provisions of the law.

4. Resolving Domain Name Disputes at Court

The parties may request the competent people's court to resolve domain name disputes in civil relations and commercial activities. The procedure for resolving domain name disputes in civil relations or commercial activities at the people's court shall be carried out in accordance with the provisions of the law.

5. Consolidated Resolution of Domain Name Disputes

The Plaintiff and the Defendant may request the resolution of one or more disputed domain names. The simultaneous resolution of the Plaintiff's claims or the Defendant's claims shall be carried out in accordance with the provisions of the law.

IV. DISPUTE RESOLUTION FOR DOMAIN NAMES

1. Responsibilities of the .vn Domain Registrar and VNNIC

During the dispute resolution process, the .vn Domain Registrar or VNNIC must provide information related to the registration and use of domain names upon the court's or arbitration organization's request, or perform other actions as prescribed by law.

2. Resolution of Disputed Domain Names

2.1. Based on the Mediation Agreement reached by the parties; the Arbitration Decision that has taken effect; the Court Judgment or Decision that has become legally binding, the .vn Domain Registrar and VNNIC shall implement:

a) Reclaiming the domain name for priority registration and use by the Plaintiff, or maintaining the current status of the domain name;

b) Implementing other decisions related to reclaiming, suspending, or temporarily retaining the disputed domain name.

2.2. During the dispute resolution process, the disputed domain name must maintain its current status and shall not be allowed to be returned, reclaimed, transferred to another .vn Domain Registrar, or assigned to a new individual or entity.

2.3. In cases where the Mediation Agreement; the Arbitration Decision that has taken effect; or the Court Judgment or Decision that has become legally binding specify that the disputed domain name should be reclaimed for the Plaintiff's use, the Plaintiff shall have priority to register within ten (10) consecutive days from the date it becomes legally effective. After this period, the domain name will be available for free registration.

V. IMPLEMENTATION

This Circular takes effect fifteen (15) days from the date of publication in the Official Gazette.

2. Any issues or feedback during implementation shall be promptly reported to the Ministry of Information and Communications for review, supplementation, and amendment./.