Circular No. 14/2010/TT-BTTTT 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.

CIRCULAR

Regulations on 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 concerning the management of electronic information websites and online social networking services.

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MINISTER OF INFORMATION AND COMMUNICATIONS

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;

At the proposal of the Director of the Radio, Television, and Electronic Information Management Department,

REGULATIONS

Article 1. Scope of Regulation and Applicability

This Circular specifies amending 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 (hereinafter referred to as Decree No. 97) concerning the management of electronic information websites and online social networking services.

This Circular applies to organizations and enterprises Clause 1. Individuals awarded the Commendation Medal shall receive the Decision and Certificate of Recognition for the "Commendation Medal for the Development of Vietnam's Transport Industry" and be recorded in the traditional golden book of the Vietnam Transport Industry. participating in the management and provision of electronic information websites and online social networking services.

Article 2. Explain some terms used in Decree No. 97   

1. "Comprehensive information on politics, economy, culture, and society" as stipulated in Clause 13, Article 3 of Decree No. 97 refers to information compiled from multiple sources or types of information about one or more fields of politics, economy, culture, and society. 

2. "Reproducing information" as stipulated in Clause 13, Article 3 of Decree No. 97 means reproducing the original text accurately from an official source without commentarybeyond authority; including clearly stating the author's name, the official source's agency name, the time of publication or broadcast of the information.

3. "Official source" as stipulated in Clause 13, Article 3 of Decree No. 97 refers to information that has been and is being published or broadcast in Vietnamese press or on electronic information websites of Party and State agencies in compliance with laws on press and copyright.

Article 3. General Provisions for the Activities of Electronic Information Websites

1. News agencies may establish electronic information websites on the Internet to provide content that has been published or broadcast in their own press according to the objectives specified in their press operation license.

The electronic information website of a news agency shall be managed and licensed like an aggregated electronic information website.

2. Unlicensed electronic information websites as stipulated in Clause 6, Article 19 of Decree No. 97 include:

a) An electronic information website that only provides self-introduction information about its activities, services, products, and business sectors, without reproducing information.

b) An electronic information website of a state agency providing information as stipulated in Circular No. 26/2009/TT-BTTTT dated July 31, 2009 of the Ministry of Information and Communications regarding the provision of information and ensuring convenient access to state agency           electronic information websites.

3. An electronic information website providing online social networking services must register in accordance with Article 9 of this Circular.

4. On the homepage of an electronic information website, full information must be provided: the name of the organization managing the electronic information website; geographic address, email, contact phone number, name of the person responsible for content management. For aggregated electronic information websites, electronic information websites of news agencies, and electronic information websites providing online social networking services, the registration number or registration code, date, month, year issued by the competent authority must also be clearly stated.

5. Aggregated electronic information websites when reproducing information must comply with the provisions on sources of information as stipulated in Clause 13, Article 3 of Decree No. 97 and Clauses 2 and 3 of Article 2 of this Circular, and shall not publish readers' comments or reviews on the reproduced content.

6. Organizations and enterprises establishing electronic information websites and using the Internet to provide specialized application services on the Internet as stipulated in Clause 5, Article 19 of Decree No. 97, if they provide comprehensive information onone of the fields of politics, economy, culture, and society, must apply for a license like an aggregated electronic information website;

7. Taggregated electronic information website providing online social networking services wishing to cease operations services must notify (at least 10 working days in advance) in writing to the licensing authority and relevant session numberauthorities ||| registration.  

Article 4. Prohibited acts stipulated in Article 6 of Decree No. 97 regarding the establishment and use of electronic information websites

1. Exploiting electronic information websites to provide, transmit, advertise, or directly link to information violating the provisions of Article 6 of Decree No. 97.

2. Creating fake electronic information websites impersonating other individuals, organizations, or enterprises; disseminating false information that infringes upon the legitimate rights and interests of organizations, enterprises, or individuals.  

3. Propagating journalistic works, literary, artistic, and publishing materials that violate legal regulations.

4. Using personal information in violation of the provisions of Articles 31 and 38 of the Civil Code.

5. Using or providing information that violates intellectual property regulations, e-commerce transaction regulations, and other current legal provisions.

6. Describing in detail obscene, violent, and gruesome murder actions; posting or broadcasting repulsive images lacking humanistic value; providing pornographic content, indecent images, or nude paintings that lack aesthetic quality and are not appropriate with Vietnamese customs and traditions. 

Article 5. Responsibilities of Internet service providers stipulated in Article 7 of Decree No. 97 related to electronic information websites

1. Refusing to provide Internet services to organizations or individuals establishing electronic information websites seriously violating the provisions of Article 4 of this Circular when requested by competent state agencies. When Internet service providers themselves discover serious violations of the provisions of Article 4 of this Circular, they shall suspend service provision and immediately report to the competent state management agency for handling.

2. Blocking electronic information websites violating the provisions of Article 4 of this Circular when requested by competent state agencies.

Providing information related to electronic information websites violating the provisions of Article 4 of this Circular when requested by competent state agencies.

Article 6. Responsibilities of organizations and enterprises establishing comprehensive electronic information websites

1. Establishing information management procedures suitable for the scale of operation of the comprehensive electronic information website managed by the organization or enterprise, ensuring compliance with the provisions of Article 3 of this Circular.

2. Preventing and removing content violating the provisions of Article 4 of this Circular immediately upon self-discovery or upon request from competent state management agencies.

3. Adhering to the provisions on information sources stipulated in Clause 3, Article 2 of this Circular when providing aggregated information and complying with copyright laws.

4. Storing information for a minimum period of 90 days from the date it is posted or broadcast on their electronic information website.

5. Being subject to inspection and supervision by competent state agencies as prescribed.

6. Having the responsibility to report to the state management agency as stipulated in Clause 1, Article 11 of this Circular.

Article 7. Responsibilities of enterprises providing online social networking services

1. Establishing and publicly disclosing rules for providing and exchanging information on the electronic information website offering online social networking services of the enterprise, ensuring compliance with legal regulations and the provisions of Article 4 of this Circular.

2. Establishing information management procedures and databases about members participating in the service provided by the enterprise, suitable for the scale of service provision managed by the enterprise.

3. Implementing technical measures and management procedures to proactively carry out blocking and removal of content violating the provisions of Article 4 of this Circular immediately upon self-discovery or receipt of user feedback or upon request from competent state management agencies.

4. Providing information related to content violating the provisions of Article 4 of this Circular according to the request of competent state management agencies.

5. Being subject to inspection and supervision by competent state agencies as prescribed.

6. Having the responsibility to report to the state management agency as stipulated in Clause 2, Article 11 of this Circular.

Article 8. Conditions and Documents for Issuing Permission to Establish an Online Information Portal

1. Conditions for Issuing Permission

a) Being an organization or enterprise established and operating in accordance with Vietnamese laws, having a business activity registered or having functions and tasks consistent with the content of the online information portal being applied for permission. b) Having sufficient technical means, personnel, and information management programs appropriate to the scale of operation, ensuring that the provision of information on the online information portal does not violate the provisions of Article 6 of Decree 97 and Article 4 of this Circular.;

The person responsible for managing the online information portal must meet the following conditions:

c) Assigner - Being the head of the organization or enterprise or being authorized by the head of the organization or enterprise;

- Having Vietnamese nationality and a permanent or temporary residence address in Vietnam;

- Holding a bachelor's degree.

2. Documents for Issuing Permission

The application documents shall be prepared in two sets, each set including:

a) An application form for issuing permission to establish an online information portal containing a commitment to comply with the provisions of this Decree and this Circular according to the unified model issued together with this Circular (Model No. 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) with functions and tasks consistent with the content of the online information portal being applied for permission, accompanied by a consent document from the competent authority (if any); Press License (for press agencies). c) A certified copy of the bachelor's degree certificate and a brief resume of the person responsible for managing the online information portal, confirmed by a competent state agency, with a photograph and a stamp.

d) A project for establishing an online information portal containing the main contents prescribed in point d, Clause 2, Article 21 of Decree 97. In case of using the national domain name "vn", this domain name must still have at least six months of validity at the time of applying for permission. In case of using an international domain name, this domain name has been reported to the Ministry of Information and Communications in accordance with the provisions of Circular 09/2008/TT-BTTTT dated December 24, 2008, guiding the management and use of Internet resources.

đ) A document approving the provision of information from relevant organizations to ensure the legality of the source of information.

Article 9. Conditions and Documents for Registering to Provide Online Social Network Services

1. Conditions for Registration

a) Being an organization or enterprise established and operating in accordance with Vietnamese laws;

b) Having sufficient technical means, personnel, and management programs appropriate to the scale of operation, ensuring that the provision of online social network services does not violate the provisions of Decree No. 97, Circular No. 07/2008/TT-BTTTT of the Ministry of Information and Communications, and the provisions of this Circular;

c) Having a business activity or functions and tasks consistent;

d) Having a valid domain name;

Commitment from the head of the organization or enterprise fully ensuring that the provision of online social network services does not violate the provisions of Decree No. 97, Circular No. 07/2008/TT-BTTTT

dated December 18, 2008, of the Ministry of Information and Communications, and the provisions of this Circular.

đ) a) An application form for registering to provide online social network services, containing a commitment to comply with the provisions of Decree No. 97, Circular No. 07/2008/TT-BTTTT dated December 18, 2008/of the Ministry of Information and Communications, and the provisions of this Circular (Model No. b) A certified copy of the Decision on Establishment (for organizations), Business Registration Certificate, Investment Certificate, or Investment Permit with a consistent business activity (for

2. Application Forms:

enterprises). c) Rules for providing and exchanging information on the online information portal providing online social network services of the organization or enterprise, ensuring compliance with the provisions of Decree No. 97, Circular No. 07/2008/TT-BTTTT 02).

dated December 18, 2008 of the Ministry of Information and Communications, and the provisions of this Circular.

d) A project for providing online social network services ensuring the following requirements: - Type of service (online chat, personal web page creation, forum, and similar forms allowing users to interact, share, and exchange information with each other). - Information management process appropriate to the scale of service provided by the organization or enterprise.

- Technical, operational, personnel, and management program measures appropriate to the scale of operation, ensuring that the provision of online social network services does not violate the provisions of Section 3 of Circular No. 07/2008/TT-BTTTT dated December 18, 2008, of the Ministry of Information and Communications.                đ) A brief resume of the person responsible, confirmed by the head of the organization or by the competent authority (for enterprises).

e) In case of using the national domain name "vn", it must comply with the provisions of point d, Clause 2, Article 8 of this Circular.

- The information management process is appropriate to the scale of service provision managed by the organization or enterprise.

- Technical, operational, human resource, and management program measures are appropriate to the scale of operation to ensure that the provision of online social network services does not violate the provisions set out in Section 3 of Circular No. 07/2008/TT-BTTTT dated December 18, 2008 of the Ministry of Information and Communications.

d) A curriculum vitae of the responsible person confirmed by the head of the organization or by the competent authority (for enterprises).

e) In the case of using the national domain name "vn", it must comply with the provisions set out in Point d, Clause 2, Article 8 of this Circular.

Article 10. Competence and Procedure for Issuing Licenses and Registering

1. The Radio, Television and Electronic Information Administration

a) Receive, examine and issue licenses for establishing comprehensive electronic information websites of the following organizations:

- Central organizations;

- Legally operating religious organizations in Vietnam. 

- Diplomatic agencies, consular agencies, intergovernmental international organization representative offices, non-governmental organization representative offices, foreign economic, cultural, scientific organizations, and other foreign-related organizations with legitimate representation operating in Vietnam. 

b) Examine and issue licenses for establishing comprehensive electronic information websites of domestic organizations and businesses licensed or registered to operate by local state management agencies, except for Hanoi and Ho Chi Minh City.

c) Receive, examine and issue licenses for establishing electronic information websites of central press agencies.

d) Examine and issue licenses for establishing electronic information websites of local press agencies.

đ) Receive, examine and register provision of online social networking services of Vietnamese organizations and businesses, and foreign organizations and businesses with legal entities in Vietnam.

2. Provincial Departments of Information and Communications, excluding the Department of Information and Communications of Hanoi City and Ho Chi Minh City. Receive and inspect

registration files for issuing licenses to establish comprehensive electronic information websites of domestic organizations and businesses licensed or registered to operate by local state management agencies, registration files for issuing licenses to establish electronic information websites of local press agencies, and submit written requests (with attached files) to the Radio, Television and Electronic Information Administration for examination and issuance of licenses. the Validity of 3. Departments of Information and Communications of Hanoi City and Ho Chi Minh City

a) Receive, examine and issue licenses for registration files requesting establishment of comprehensive electronic information websites of domestic organizations licensed to operate by the state management agencies of Hanoi City and Ho Chi Minh City, and domestic and foreign businesses with registered headquarters in Hanoi City and Ho Chi Minh City (excluding cases under the licensing authority of the Radio, Television and Electronic Information Administration as stipulated in point a, Clause 1, this Article).               Verify the validity of registration files for issuing licenses to establish electronic information websites of local press agencies, and submit written requests (with attached files) to the Radio, Television and Electronic Information Administration for examination and issuance of licenses.

4. Time limit for processing files

b) registration files for issuing licenses to establish comprehensive electronic information websites of domestic organizations and businesses licensed or registered to operate by local state management agencies, registration files for issuing licenses to establish electronic information websites of local press agencies, and submit written requests (with attached files) to the Radio, Television and Electronic Information Administration for examination and issuance of licenses. a) The Radio, Television and Electronic Information Administration examines and issues licenses for establishing comprehensive electronic information websites, electronic information websites of press agencies, and registers provision of online social networking services according to the time limits specified in Clause 3, Article 21 and Clause 3, Article 22 of Decree No. 97.

b) Within five working days from the date of receiving the application file for establishing a comprehensive electronic information website (excluding files under the licensing authority of the Departments of Information and Communications of Hanoi City and Ho Chi Minh City as stipulated in point a, Clause 3, this Article), the Departments of Information and Communications of provinces and centrally-administered cities shall check the validity of the application files for establishing electronic information websites of press agencies and transfer the files to the Radio, Television and Electronic Information Administration for examination and issuance of licenses. In case the files are invalid, the Departments of Information and Communications shall notify in writing and specify the reasons.

c) Within ten working days from the date of receipt of the file, the Departments of Information and Communications of Hanoi City and Ho Chi Minh City shall review the application files for establishing comprehensive electronic information websites under their licensing authority as stipulated in point a, Clause 3, this Article. In case of rejection, the Departments of Information and Communications of Hanoi City and Ho Chi Minh City shall notify in writing and specify the reasons.

5. Supplementary, Amending, Reissuing, Revoking Licenses, a) The licensing agency as stipulated in Clause 1 and Clause 2 of this Article has the authority to decide on supplementary, amending, extending, reissuing or revoking licenses according to Clause 4, Clause 5 and Clause 6 of Article 21 of Decree No. 97.

b) In case of discovering violations during the licensing process and operation of providing information, the Radio, Television and Electronic Information Administration has the authority to decide on revoking licenses for establishing comprehensive electronic information websites of organizations and businesses.

 Within five working days from the date of issuance of the license as stipulated in Clause 3, Article 9 of this Circular, the Departments of Information and Communications of Hanoi City and Ho Chi Minh City are responsible for sending one (01) copy of the license to the Ministry of Information and Communications (Radio, Television and Electronic Information Administration) for reporting.

a) The agency issuing the license pursuant to Clause 1 and Clause 2 of this Article has the authority to decide on supplementing, amending, extending, reissuing, or revoking the license according to the provisions set out in Clause 4, Clause 5, and Clause 6 of Article 21 of Decree No. 97. 

b) In the event of discovering violations during the licensing process and the provision of information services, the Radio, Television, and Electronic Information Management Department has the authority to decide on revoking the license for establishing an integrated electronic information website of organizations and enterprises.

6. Within five working days from the date of issuance as stipulated in Clause 3, Article 9 of this Circular, the Department of Information and Communications of Hanoi City and Ho Chi Minh City shall be responsible for sending one (1) copy of the license to the Ministry of Information and Communications (Radio, Television, and Electronic Information Management Department) for reporting.

Article 11. Reporting operational status

1. Organizations and enterprises establishing online news portals

a) Implement a reporting system once every twelve months and ad hoc reports as required by competent state management agencies.

b) The contents of the annual report include:

- Name of the organization, date, month, year, and license code for establishing an integrated electronic information website issued by the competent state management agency;

- Content of the provided information, sections;

- List of information sources;

- Staff and measures to manage information on the integrated electronic information website.

c) Enterprises establishing an integrated electronic information website shall submit their reports before January 15 each year.           

2. Organizations and enterprises providing online social networking services:

a) Implement a reporting system once every six months and ad hoc reports as required by competent state management agencies.

b) The contents of the annual report include:

- Name of the organization, date, month, year, and registration confirmation document code for providing online social networking services issued by the competent state management agency; - Types of services being provided;concerning the classification and determination of state management authority in the field of crop production- Number of users utilizing the services managed by the enterprise and statistical data as required by the competent authority.

c) Enterprises providing online social networking services that offer personal web page creation services shall submit their reports before January 15 and July 15 each year.

3. Address for submitting reports:

- Ministry of Information and Communications (Radio, Television and Electronic Information Management Department).

Email: cucptth&[email protected]

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

3. Departments of Information and Communications of provinces and centrally governed cities shall report to the Ministry of Information and Communications quarterly (before the tenth day of each quarter) on the management of electronic information on the Internet in their respective localities.

This Circular takes effect from September 1, 2010.

2. Websites that have been licensed under Decree No. 55/2001/NĐ-CP dated August 21, 2001 of the Government on the management, provision, and use of Internet services      

Article 12. Effective Date

1. and Decision No. 27/2002/QĐ-BVHTT dated October 10, 2002 of the Ministry of Culture and Information on the issuance of regulations

on management and issuance of licenses for providing information and establishing websites on the Internet, if they provide comprehensive information as stipulated in Clause 1, Article 2 of this Circular, must apply for a license according to this Circular within ninety days from the date this Circular takes effect. 3. During implementation, organizations, enterprises, and individuals encountering difficulties should reflect these issues to the Ministry of Information and Communications for consideration and resolution./. and Decision No. 27/2002/QĐ-BVHTT dated October 10, 2002 of the Ministry of Culture and Information regarding the issuance of the Regulation on management and issuance of licenses for providing information and setting up electronic news websites on the Internet, if providing comprehensive information content as prescribed in Clause 1, Article 2 of this Circular, then a license must be applied for according to this Circular within ninety (90) days from the effective date of this Circular.

3. During implementation, organizations, enterprises, and individuals encountering difficulties should report to the Ministry of Information and Communications for consideration and resolution./.