Decree No. 142/2016/ND-CP on Preventing Conflicts of Information on the Internet

DECREE

VOn preventing information conflicts on the internet

 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Information Security dated October 19, 11 2015;

At the proposal of the Minister of National Defense,

At the proposal of promulgating the Decree on Preventing Information Conflicts on the Internet.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates principles, contents, measures, international cooperation, and responsibilities of agencies, organizations, and individuals regarding activities to prevent information conflicts on the Internet in Vietnam.

Article 2. Applicability

1. Vietnamese agencies, organizations, and individuals; foreign organizations, individuals, and international organizations operating in Vietnam that participate in or are related to information conflicts on the Internet.

2. International organizations, foreign organizations, individuals, or stateless persons who conduct activities causing information conflicts on the Internet in Vietnam without operating or residing within the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Preventing information conflicts on the Internet involves implementing technological and technical measures to monitor, detect, warn, identify sources, filter out, resolve, and eliminate information conflicts on the Internet.

2. Filtering information on the Internet refers to technological and technical measures aimed at separating and blocking signals, data packets, or information flows that cause conflicts from information and information systems.

3. Resolving information conflicts on the Internet involves activities aimed at addressing incidents causing information conflicts on the Internet.

4. Eliminating information conflicts on the Internet involves activities to protect and legally respond to sources of information causing conflicts on the Internet.

5. Cyberspace is an environment created from information infrastructure and the activities of social components based on such infrastructure, providing, transmitting, collecting, processing, storing, and exchanging information.

6. National sovereignty over cyberspace encompasses all rights of the State over cyberspace, consistent with international law provisions.

7. Special agencies for preventing information conflicts on the Internet are specialized units of the Ministry of National Defense, Ministry of Public Security, and Ministry of Information and Communications tasked with advising, organizing, and directly implementing prevention of information conflicts on the Internet (hereinafter referred to as special agencies).

Article 4. Principles for Preventing Information Conflicts on the Internet

1. Ensuring compliance with conditions, procedures, forms, and authorities as prescribed by law and consistent with international treaties to which the Socialist Republic of Vietnam is a party.

2. Conducting continuously; proactively detecting, preventing, resolving promptly and effectively, and not allowing any form of information warfare or cyber warfare.

3. Respecting and protecting the legitimate rights and interests of agencies, organizations, and individuals.

Article 5. Funding Assurance

1. Funding for tasks to prevent information conflicts on the Internet shall be guaranteed by the state budget and allocated in the annual state budget estimates assigned to the Ministry of National Defense, Ministry of Public Security, and Ministry of Information and Communications.

2. The preparation, execution, and settlement of the budget shall comply with the provisions of the State Budget Law and guiding documents.

Article 6. Responsibilities of Special Agencies

1. Advising the Minister to organize the implementation of tasks within their respective Ministries' responsibilities in preventing information conflicts on the Internet and coordinating with special agencies of other Ministries to jointly organize and implement these tasks.

2. Receiving and processing information conflicts on the Internet provided by organizations and individuals; monitoring, detecting, warning, identifying sources, filtering out, resolving, and eliminating information conflicts on the Internet within their functions and duties as stipulated in Clauses 2, 3, and 4 of Article 19 of this Decree.

3. Requesting organizations and individuals to provide necessary information, documents, and means to support special agencies in their activities to prevent information conflicts on the Internet; having the responsibility to promptly feedback and provide information to the management body of the information system about the receipt and process of handling information conflicts on the Internet.

Article 7. Provision of Information

1. Organizations and individuals, upon discovering signs or acts causing information conflicts on the network, or upon discovering damaged information or information systems, must have the responsibility to report and provide full information to the competent authority and the management body of the information system.

2. The competent authority has the responsibility to receive and process information reported by organizations and individuals regarding information conflicts on the network, and has the responsibility to report the results of resolving such conflicts to the organizations and individuals who provided the information when requested.

Chapter II

CONTENT TO PREVENT INFORMATION CONFLICTS ON THE NETWORK

Section 1

MONITORING, DETECTION, AND WARNING OF INFORMATION CONFLICTS ON THE NETWORK

Article 8. Monitoring, Detection, and Warning of Information Conflicts on the Network

1. Activities for monitoring, detecting, and warning of information conflicts on the network must be carried out regularly and continuously by the competent authority and the management body of the information system.

2. Important national information systems and international gateways must implement solutions for monitoring, detecting, and warning of information conflicts on the network.

3. The management body of important national information systems and international gateways must have the responsibility to cooperate with the competent authority to build, implement, train, and maintain systems for monitoring, detecting, and warning of information conflicts on the network.

4. Monitoring information must be received, analyzed, processed, and warned to relevant organizations and individuals by the competent authority.

Article 9. Reception and Handling of Information Conflicts on the Network

1. The management body of the information system has the responsibility to receive and handle information conflicts on the network and to coordinate with the competent authority to respond to incidents and prevent information conflicts on the network.

2. The competent authority has the responsibility to receive, analyze, and process information conflicts on the network between domestic and foreign organizations and individuals as stipulated in Clauses 2, 3, and 4 of Article 19 of this Decree.

3. Handling of information conflicts on the network must be carried out by the competent authority to avoid increasing the level of conflict and to prevent any form of war from occurring.

4. The Ministry of National Defense shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Information and Communications to unify a single point of contact for receiving and handling information conflicts on the network, thereby facilitating citizens and businesses in providing related information about information conflicts on the network.

Section 2

DETERMINATION OF THE SOURCE OF INFORMATION CONFLICTS ON THE NETWORK

Article 10. Content for Determining the Source of Information Conflicts on the Network

The content for determining the source of information conflicts on the network includes identifying data packets, information, source addresses, destination addresses, service ports, and methods and tactics of information conflicts on the network; identifying targets, purposes, and levels of causing information conflicts on the network.

Article 11. Results of Determining the Source of Information Conflicts on the Network

1. The results of determining the source of information conflicts on the network are documents, evidence, and proof collected by the competent authorities ensuring objectivity, accuracy, and scientific validity.

2. The results of determining the source of information conflicts on the network are legally used in organizing efforts to prevent information conflicts on the network.

Article 12. Roles and Responsibilities in Determining the Source of Information Conflicts on the Network

1. Determining the source of information conflicts on the network aims to detect, collect, evaluate, and use as evidence and proof.

2. Information conflicts on the network must be identified by competent agencies regarding their origin, methods, and losses caused by such conflicts to take appropriate measures.

3. The managers of information systems related to information conflicts on the network have the responsibility to cooperate with competent agencies to accurately determine the source of information conflicts on the network.

4. Agencies, organizations, and individuals within their duties and authority have the responsibility to promptly and fully provide information, evidence, and proof to competent agencies for the purpose of determining the source.

5. Agencies, organizations, and individuals involved in or related to information conflicts on the network must be responsible for providing accurate information and shall not provide false information; in cases of intentionally providing false information with malicious intent such as causing war or ethnic hatred, they will be criminally prosecuted or administratively sanctioned depending on the severity of the violation.

Section 3

FILTERING, RESOLVING AND ELIMINATING INFORMATION CONFLICTS ON THE NETWORK

Article 13. Filtering Information on the Network

Filtering information is carried out by telecommunications and Internet service providers when any of the following factors exist:

a) Identifying the source of information conflicts on the network that affects national defense, security, and sovereignty in cyberspace;

b) When the reasonableness of the request from the party affected by the information conflict on the network is clearly established;

c) Upon request from competent agencies.

Article 14. Resolving Information Conflicts on the Network

1. Managers of information systems are responsible for organizing the resolution of information conflicts on the network within their management scope and are subject to the direction of competent agencies in organizing the resolution of such conflicts.

2. Managers of information systems are responsible for developing plans to resolve information conflicts on the network within their management scope and have the responsibility to compile and report the situation and results of resolving information conflicts on the network to competent agencies.

3. Competent agencies have the responsibility to coordinate with the managers of information systems to resolve information conflicts related to national defense and security and state agencies as stipulated in Clauses 2, 3, and 4 of Article 19 of this Decree.

Article 15. Eliminating Information Conflicts on the Network

1. Competent agencies are responsible for eliminating information conflicts on the network.

2. Telecommunications and Internet service providers must cooperate with competent agencies to eliminate information conflicts on the network.

3. Eliminating information conflicts on the network is carried out when the following factors exist:

a) Clearly identifying the source of information conflicts on the network;

b) Human resources, technological and technical measures, and diplomatic efforts are sufficient to eliminate information conflicts on the network;

c) Directly or indirectly notifying through telephone, email, or mass media systems to organizations and individuals related to the source of information causing conflicts on the network.

Section 4

INFORMATION, PUBLICITY, EDUCATION AND INTERNATIONAL COOPERATION ON PREVENTING INFORMATION CONFLICTS ON THE NETWORK

Article 16. Information, Propaganda, and Education on Preventing Conflicts of Information Online

1. Content of Information, Propaganda, and Education

a) Policies and laws on preventing conflicts of information online;

b) The position, role, and importance of work to prevent conflicts of information online;

c) Methods, tactics, and risks of causing conflicts of information online;

d) Knowledge and skills for proactively preventing conflicts of information online;

đ) Measures and experiences in preventing conflicts of information online;

e) Responsibilities of agencies, organizations, businesses, and individuals in preventing conflicts of information online;

g) Other relevant contents related to preventing conflicts of information online.

2. Forms of Information, Propaganda, and Education

a) Meetings, exchanges, dialogues, and direct discussions;

b) Through mass media;

c) Through activities at educational and training institutions, information security associations;

d) Through legal knowledge contests, community activities;

đ) Other appropriate methods in accordance with the law.

3. Strengthening information, propaganda, and education work for system managers of important national information systems; telecommunications infrastructure and Internet service providers; associations and clubs in the field of information technology, information security, electronic communications, and areas where many incidents of conflicts of information online frequently occur.

4. The Ministry of National Defense, the Ministry of Public Security, and the Ministry of Information and Communications shall be responsible for coordinating with the Ministry of Education and Training and other relevant ministries and sectors to organize information, propaganda, and education on preventing conflicts of information online according to their powers and responsibilities stipulated in Clauses 2, 3, and 4 of Article 19 of this Decree to enhance awareness, responsibility, and effectiveness in preventing conflicts of information online.

Article 17. Contents of International Cooperation on Preventing Conflicts of Information Online

1. International cooperation in collecting, researching, exchanging information, and experiences on preventing conflicts of information online; coordinating training, capacity building, and professional training on preventing conflicts of information online; organizing international conferences and seminars on issues related to preventing conflicts of information online; providing support in terms of material resources, technology, and science to strengthen the forces of professional agencies.

2. International cooperation aimed at eliminating the risk of cyber conflict targeting one country from another's territory; coordinating investigations when there are requests to prevent cyber conflicts from international sources, in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

3. Consulting on activities to prevent conflicts of information online and cooperating to resolve issues related to preventing conflicts of information online with other countries.

Article 18. Refusal of International Cooperation on Preventing Conflicts of Information Online

Professional agencies and relevant agencies and organizations of Vietnam have the right to refuse cooperation with requests for cooperation that harm sovereignty, national defense, national security, state interests, or are not in line with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS, AND TELECOMMUNICATION SERVICES AND INTERNET SERVICE PROVIDERS IN PREVENTING CONFLICTS OF INFORMATION ONLINE

Article 19. State Management to Prevent Information Conflicts on the Internet

1. The Government shall uniformly manage state affairs concerning the prevention of information conflicts on the internet.

2. The Ministry of National Defense shall be responsible before the Government for leading and coordinating with relevant agencies to prevent information conflicts on the internet for the following purposes:

a) To prevent and combat information warfare, cyber warfare;

b) To prevent foreign military forces from using technological and technical measures that harm information and information systems; or domestic and foreign organizations from using technological and technical measures that harm military, defense information, and information systems at level 3 or higher, which would cause damage to national defense if destroyed.

3. The Ministry of Public Security shall be responsible before the Government for leading and coordinating with relevant agencies to prevent information conflicts on the internet between two or more domestic and foreign organizations using technological and technical measures that harm national security, public order, and social safety according to the functions and tasks of the Ministry of Public Security.

4. The Ministry of Information and Communications shall be responsible before the Government for leading and coordinating with relevant agencies to prevent information conflicts on the internet between two or more domestic and foreign organizations using technological and technical measures that cause loss of cybersecurity for information systems, causing damage to production, lawful rights and interests of organizations and individuals, and public interest according to the functions and tasks of the Ministry of Information and Communications.

Article 20. Ministry of National Defense

1. Lead the prevention of information conflicts on the internet to protect national sovereignty in cyberspace according to the functions and tasks of the Ministry of National Defense.

2. Organize the construction of specialized forces with high combat readiness, coordinate and utilize defense resources to prevent information conflicts on the internet for the purposes specified in Clause 2, Article 19 of this Decree and protect national sovereignty in cyberspace.

3. Draft, amend, supplement, submit to competent authorities for issuance or issue within its authority normative legal documents on activities to prevent information conflicts on the internet and protect national sovereignty in cyberspace.

4. Lead and coordinate with relevant agencies to organize training and capacity building for human resources to perform the task of preventing information conflicts on the internet.

5. Direct subordinate forces to cooperate with the specialized agencies of the Ministry of Public Security and the Ministry of Information and Communications to organize training and drills for preventing information conflicts on the internet and protecting national sovereignty in cyberspace.

6. Increase investment in special equipment for performing the task of preventing information conflicts on the internet.

7. Regularly exchange information with the Ministry of Public Security, the Ministry of Information and Communications, and the Ministry of Foreign Affairs regarding activities to prevent information conflicts on the internet and protect national sovereignty in cyberspace.

8. Implement international cooperation in preventing information conflicts on the internet.

Article 21. Ministry of Public Security

1. Lead the prevention of information conflicts on the internet to protect national security, public order, and social safety and to prevent and combat crime.

2. Lead and coordinate with the Ministry of National Defense, the Ministry of Information and Communications, and related agencies to build and implement measures to detect, prevent, combat, and eliminate activities in cyberspace that threaten national security, public order, and social safety and to prevent and combat crime; handle acts infringing upon national sovereignty in cyberspace according to assigned functions and tasks.

3. Direct subordinate forces to cooperate with the specialized agencies of the Ministry of National Defense and the Ministry of Information and Communications to organize training and drills for preventing information conflicts on the internet and protecting national security, public order, and social safety and to prevent and combat crime; implement international cooperation in preventing information conflicts on the internet.

4. Regularly exchange and provide information with the Ministry of National Defense and the Ministry of Information and Communications about the situation, cybersecurity risks, and related activities to prevent information conflicts on the internet and protect national sovereignty in cyberspace.

Article 22. Ministry of Information and Communications

1. Take the lead and coordinate with ministries, sectors, localities, enterprises, and organizations to implement measures to ensure information security; organize inspections and evaluations of situations involving information security breaches; issue warnings, coordinate emergency response, and rectify network incidents.

2. Take the lead in guiding ministries, sectors, and localities, and advise the Government on issuing a list of national critical information systems.

3. Regularly exchange and provide information to the Ministry of National Defense and the Ministry of Public Security regarding situations and risks of information security breaches related to activities to prevent cyber conflicts and protect national sovereignty in cyberspace; carry out international cooperation to prevent cyber conflicts according to the functions and tasks of the Ministry of Information and Communications.

4. Direct agencies, units, and enterprises in information technology, telecommunications, and information security to closely cooperate with the specialized agencies of the Ministry of National Defense and the Ministry of Public Security in protecting national critical information systems, investigating cybercrimes, and safeguarding national sovereignty in cyberspace.

Article 23. Ministry of Foreign Affairs

Take the lead and coordinate with the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Information and Communications to implement solutions for protecting information systems in representative offices of the Socialist Republic of Vietnam abroad; coordinate in carrying out diplomatic work related to activities to prevent cyber conflicts and protect national sovereignty in cyberspace.

Article 24. Ministry of Science and Technology

1. Advise the Government on determining scientific and technological tasks related to activities to prevent cyber conflicts and protect national sovereignty in cyberspace.

2. Direct agencies and units under its management to cooperate with the specialized agencies of the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Information and Communications in implementing scientific and technological tasks, building scientific and technological capabilities in protecting national critical information systems and safeguarding national sovereignty in cyberspace.

Article 25. Ministry of Finance

Ensure funding for activities to prevent cyber conflicts in accordance with laws on state budget.

Article 26. Other ministries, sectors, and People's Committees of provinces and centrally governed cities

1. Assign tasks to agencies responsible for state management of information technology and network information security to implement prevention of cyber conflicts including monitoring, detection, warning, identifying sources, and resolving cyber conflicts.

2. Take the lead and coordinate with specialized agencies to implement plans to protect information systems within their jurisdiction; be ready to mobilize forces and means to participate in activities to prevent cyber conflicts and protect national sovereignty in cyberspace as prescribed by law.

3. Coordinate with specialized agencies to implement and urge the implementation of policies, strategies, and plans to prevent cyber conflicts; handle and resolve cases related to cyber conflicts.

Article 27. Organizations and individuals

1. The management body of the information system shall implement measures to protect the information system and prevent conflicts on networks under its management; closely coordinate with specialized agencies to deploy measures to prevent information conflicts on networks.

2. Agencies, organizations, and individuals must have the responsibility to prevent actions that pose a risk of information conflict on networks originating from their own information systems, as well as cooperate in identifying the source of information conflicts on networks and remedying the consequences of such conflicts.

Article 28. Telecommunications service providers and Internet service providers

1. Provide full information, cooperate in identifying and preventing sources of conflicting information on networks as required by specialized agencies.

2. Implement solutions to ensure network security; organize monitoring, detection, and promptly report to specialized agencies about sources of conflicting information on networks.

3. Coordinate with the Ministry of National Defense, the Ministry of Public Security, and the Ministry of Information and Communications to implement technical and technological solutions to prevent information conflicts on networks.

Chapter IV

IMPLEMENTING PROVISIONS

Article 29. Effective Date

This Decree takes effect from December 1, 2016.

Article 30. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees, centrally governed cities, agencies, organizations, and individuals in Vietnam; foreign organizations and individuals and international organizations in Vietnam; telecommunications and Internet service providers related to this Decree are responsible for its implementation./.