Circular No. 16/2016/TT-BTTTT stipulates the transfer of Internet domain name usage rights. The main contents include: conditions for transferring, necessary documents, responsibilities of participating parties, and the document processing procedure.
Đối tượng áp dụng
This Circular applies to all organizations and individuals who wish to transfer Internet domain name usage rights in Vietnam.
Các điểm cốt lõi
- Article 3: Conditions for transferring Internet domain name usage rights
- Article 4: Documents for transferring Internet domain name usage rights
- Article 5: Responsibilities of participating parties during the transfer process
- Article 6: Procedure for processing documents for transferring Internet domain name usage rights
- Article 7: Cases of refusal or withdrawal of transfer application
🌐 Tác động xã hội từ văn bản này
- Protecting the interests of participating parties during the transfer process
- Strengthening state management over Internet domain name usage activities
❓ Câu hỏi thường gặp
What conditions are required to carry out the transfer of Internet domain name usage rights?
The domain must be operating normally, without disputes, and comply with legal regulations on domain name registration.
What documents are included in the transfer application?
It includes a request for transferring Internet domain name usage rights; A registration information form for using the Internet domain name by the transferee; Documents proving the fulfillment of tax and fee obligations related to the transfer.
What are the responsibilities of participating parties during the transfer process?
The transferor must ensure that the domain meets the transfer conditions and has no disputes; The transferee must meet the conditions for registering a domain name as prescribed.
Toàn văn
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MINISTRY OF INFORMATION AND COMMUNICATION |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 16/2016/TT-BTTTT |
Hanoi, June 28, 2016 |
CIRCULAR
GUIDELINES FOR TRANSFERRING THE RIGHT TO USE INTERNET DOMAIN NAMES ISSUED WITHOUT PUBLIC AUCTION
Pursuant to the Law on Telecommunications dated November 23, 2009;
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 Decision No. 38/2014/QĐ-TTg dated July 1, 2014 of the Government Chairman on public auction and transfer of the right to use telecommunications number blocks and internet domain names;
The Ministry of Information and Communications issues this Circular guiding the transfer of the right to use internet domain names issued without public auction.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Circular guides the transfer of the right to use national Vietnam internet domain names ".vn" issued without public auction.
Article 2. This Circular applies to organizations and individuals participating in activities transferring the right to use national Vietnam internet domain names ".vn" issued without public auction; Domain registrars ".vn" and the Vietnam Internet Center.
Article 2. Interpretation of Terms
In this Circular, the following terms are understood as follows:
1. Transferring the right to use internet domain names issued without public auction (hereinafter referred to as transferring the right to use internet domain names) is the act of organizations and individuals transferring all rights to use internet domain names under the national Vietnam internet domain name ".vn" issued without public auction to other organizations and individuals.
2. Parties involved in transferring the right to use internet domain names (hereinafter referred to as parties involved in transferring) include the transferring party and the receiving party.
3. The transferring party of the right to use internet domain names(hereinafter referred to as the transferring party) is the organization or individual transferring the right to use their internet domain name to another organization or individual.
4. The receiving party of the right to use internet domain names (hereinafter referred to as the receiving party) is the organization or individual accepting the registration to use the internet domain name through the transfer process.
5. Re-registering transferred internet domain names is the act of the domain registrar ".vn" managing the transferred domain name (hereinafter referred to as the registrar) performing procedures to transfer the right to use the internet domain name from the transferring party to the receiving party.
Chapter II
PROCEDURE FOR TRANSFERRING THE RIGHT TO USE INTERNET DOMAIN NAMES
Article 3. Documents and methods for submitting transfer documents for the right to use internet domain names
Clause 1. Transfer documents for the right to use internet domain names are stipulated in Clause 1, Article 35 of Decision No. 38/2014/QĐ-TTg dated July 1, 2014 of the Government Chairman on public auction and transfer of the right to use telecommunications number blocks and internet domain names (hereinafter referred to as Decision No. 38/2014/QĐ-TTg), detailed contents as follows:
a) A request for transfer and acceptance of the right to use internet domain names according to Model No. 01 attached to this Circular;
b) An application form for registering information to use internet domain names by the receiving party according to Model No. 02 attached to this Circular.
Clause 2. Address for submitting documents: Transfer documents for the right to use internet domain names are submitted at the domain registrar ".vn" managing the transferred internet domain name listed in the published list at the address www.nhadangky.vnn.
Clause 3. From the time the registrar receives the transfer documents for the right to use internet domain names as stipulated in Clause 1 of this Article until the completion of the transfer process for the right to use internet domain names:
a) The transferring party may not change the registrar, alter the subject name, or return the domain name;
b) Other subjects (except the receiving party) may not submit applications to register the transferred domain name;
c) In case the transferring party and the receiving party have a withdrawal request for the transfer documents for the right to use internet domain names according to Model No. 03 attached to this Circular sent to the registrar, the transfer documents for the right to use internet domain names will lose their validity.
Clause 4. Methods for submitting documents:
a) Submitting directly at the registrar's facilities: Individuals involved in the transfer process must present their Identity Card (or passport for foreign individuals) for the registrar to compare with the information in the transfer documents for the right to use internet domain names;
b) Sending documents to the registrar via postal service: Individuals involved in the transfer process, or representatives of organizations and enterprises handling the transfer of the right to use internet domain names must send a certified copy of their Identity Card (or passport for foreign individuals) along with the documents for the registrar to compare with the information in the transfer documents for the right to use internet domain names.
Article 4. Inspection, Review, and Notification of Results of Domain Name Transfer Applications
1. The registrar shall conduct inspection and review of domain name transfer applications in accordance with Point b Clause 3 Article 35 Decision No. 38/2014/QĐ-TTg, as detailed below:
a) The domain name transfer application meets the provisions set forth in Clause 1 Article 3 of this Circular;
b) The transferred Internet domain name complies with the conditions stipulated in Clause 1 Article 33 of Decision No. 38/2014/QĐ-TTg and is not a protected domain name as defined in Article 8 of Circular No. 24/2015/TT-BTTTT dated August 18, 2015 issued by the Ministry of Information and Communications on management and use of Internet resources (hereinafter referred to as Circular No. 24/2015/TT-BTTTT);
c) The transferee is eligible to register and use the transferred Internet domain name in accordance with Clause 3 Article 5 of Circular No. 24/2015/TT-BTTTT.
2. Notification of results:
a) In cases where the domain name transfer application meets the requirements set forth in Clause 1 of this Article, the registrar shall notify in writing to the parties involved in the transfer regarding the acceptance of the transfer application using Model Form No. 04 attached to this Circular;
b) In cases where the domain name transfer application does not meet the requirements set forth in Clause 1 of this Article, the registrar shall notify in writing to the parties involved in the transfer regarding the rejection of the transfer application using Model Form No. 05 attached to this Circular. The notification must clearly state the reasons for rejection.
Article 5. Re-registration of Transferred Internet Domain Names
1. After the parties involved in the transfer have completed the payment of transfer tax as prescribed in Point c Clause 2 Article 35 of Decision No. 38/2014/QĐ-TTg, the transferee shall re-register the Internet domain name at the ".vn" domain registrar managing the transferred domain name.
2. Documents for re-registering transferred Internet domain names include:
a) The domain name registration form of the transferee as prescribed in Clause 1 Article 10 of Circular No. 24/2015/TT-BTTTT;
b) Documents showing that the parties involved in the transfer have completed the payment of transfer tax for the Internet domain name usage rights in accordance with the guidelines of the Ministry of Finance.
3. The transferee shall pay the registration fee and domain name usage fee at the registrar in accordance with the regulations.
4. The registrar shall perform technical operations to transfer the right to use the Internet domain name from the transferor to the transferee within a period not exceeding five working days from the date of receipt of all required documents, registration fees, and other charges as stipulated in Clauses 2 and 3 of this Article.
Article 6. Circumstances Requiring Suspension or Cancellation of Domain Name Transfer Results
1. The transfer of the right to use an Internet domain name shall be suspended in the following circumstances:
a) The parties involved in the transfer engage in acts violating regulations on the management and use of Internet resources;
b) The transferred Internet domain name is found to be under dispute resolution proceedings;
c) During the transfer process, the transferred Internet domain name is found to be under violation handling, temporarily suspended, required to change information, returned, or revoked according to Articles 11 and 12 of Circular No. 24/2015/TT-BTTTT; Articles 5, 6, and 7 of Joint Circular No. 14/2016/TTLT-BTTTT-BKHCN dated June 8, 2016 issued by the Ministry of Information and Communications and the Ministry of Science and Technology guiding procedures and formalities for changing and revoking infringing domain names;
d) There is a written notification from the tax authority regarding the falsification by the parties involved in the transfer when performing their tax obligations;
đ) There is a written notification from the tax authority regarding the incomplete fulfillment of tax obligations by the parties involved in the transfer;
e) The transferee fails to fulfill the obligation to pay registration fees and usage fees for the domain name as prescribed;
g) The transferor and transferee submit a written request to withdraw the domain name transfer application in accordance with Point c Clause 3 of this Circular.
2. If the registrar has received the domain name transfer application and it is suspended, the registrar shall cease processing and notify in writing to the parties involved in the transfer regarding the refusal to process the transfer request due to the circumstances specified in Clause 1 of this Article. The notification must clearly state the reasons for refusal.
3. In cases where the re-registration of the transferred domain name has been completed, but the Vietnam Internet Network Center and the registrar receive a written notification from the tax authority regarding the incomplete or fraudulent performance of tax obligations by the parties involved in the transfer, the result of the transfer of the right to use the Internet domain name will be canceled. The Vietnam Internet Network Center will cooperate with the registrar who received the domain name transfer application to send a written notification of cancellation of the transfer result to the relevant parties.
4. The Vietnam Internet Network Center will cooperate with the registrar to handle the suspension of processing transfer requests and the cancellation of the transfer results of Internet domain names as stipulated in Clauses 2 and 3 of this Article.
5. The registrar of domain names shall retain all related documents concerning the transfer of the right to use domain names and report to the management agency upon request in necessary situations.
Chapter III
IMPLEMENTING PROVISIONS
Article 7. Effective Date
This Circular takes effect from August 15, 2016.
Article 8. Implementation organization
1. Heads of units directly under the Ministry of Information and Communications, registrars of ".vn" domain names, agencies, organizations, and individuals concerned are responsible for implementing this Circular.
2. During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Information and Communications for consideration and resolution./.
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Place of Receipt: |
THE MINISTER |
Form No. 01 Issued together with Circular No. 16/2016/TT-BTTTT dated June 28, 2016 of the Minister of the Ministry of Information and Communications.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
DOCUMENT PROPOSING TRANSFER OF DOMAIN NAME USE RIGHTS AND ACCEPTANCE OF TRANSFER OF DOMAIN NAME USE RIGHTS
Respectfully submitted to: ||| (Name of Registrar)…..
We (the transferring party and the receiving party of domain name use rights) have agreed and propose that Registrar ... implement the transfer of domain name use rights according to the following information:
1. Domain Name Proposed for Transfer of Use Rights:
…………………………………………………………………………………..
- Registration Date: ...
- Expiration Date: ...
- Managing Registrar: ...
2. Transferring Party of Domain Name Use Rights (Domain Name Holder)
a) In case of an organization:
- Organization Name:...
- Foreign language trading name (if applicable): ...
- Address: ...
- Phone number: ...
- Email address: ...
- Legal representative's full name...Position:...
- Information of the authorized person representing the organization or business to handle the domain name use rights transfer procedures:
* Full name: ...
* National ID number/Passport number: ...
b) In case of an individual:
- Name:…
- National ID number/Passport number: ...
- Address: ...
- Phone number: ...
- Email address: ...
3. Receiving Party of Domain Name Use Rights Transfer:
a) In case of an organization:
- Organization Name:...
- Foreign language trading name (if applicable): ...
- Address: ...
- Phone number: ...
- Email address: ...
- Legal representative's full name...Position:...
- Information of the authorized person representing the organization or business to handle the domain name use rights transfer procedures:
* Full name: ...
* National ID number/Passport number: ...
b) In case of an individual:
- Name:…
- National ID number/Passport number: ...
- Address: ...
- Phone number: ...
- Email address: ...
4. Commitment
We hereby take responsibility under the law for the provided information and commit to:
- The domain name being transferred has been operating normally, without disputes, and meets the conditions to be transferred according to the law.
- The receiving party of domain name use rights transfer is the correct entity eligible to register the transferred domain name.
- Fulfill all responsibilities of the parties involved in the transfer according to the law.
Respectfully,
..., day ..., month ..., year ...
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Transferring Party (individuals sign with full name; legal representative signs and stamps if it is an organization) |
Receiving Party (individuals sign with full name; legal representative signs and stamps if it is an organization) |
Form No. 02 Issued together with Circular No. 16/2016/TT-BTTTT dated June 28, 2016 of the Minister of the Ministry of Information and Communications.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FOR INFORMATION REGISTRATION TO USE THE TRANSFERRED DOMAIN NAME
Respectfully submitted to: ||| (Name of Registrar)…..
We request Registrar to review and assess the application for information registration to use the transferred domain name Internet ... with the specific information as follows:
1. Name of Organization/Individual Receiving Domain Name Use Rights Transfer:
a) In case of an organization:
- Organization Name:...
- Foreign language trading name (if applicable): ...
- Legal representative's full name...Position:...
- Information of the authorized person representing the organization or business to handle the domain name use rights transfer procedures:
* Full name: ...
* National ID number/Passport number: ...
b) In case of an individual:
- Name:…
- National ID number/Passport number:...
3. Telephone: …; Fax: …; Email: …
3. Phone number: ...; email address: ...
We (I) hereby take responsibility under the law for the provided information and commit to:
- The provided information is completely accurate.
- Fulfill all responsibilities of the receiving party of domain name use rights transfer according to current laws.
Respectfully,
|
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Confirmation from the receiving party of domain name use rights transfer (individuals sign with full name; legal representative signs and stamps if it is an organization) |
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives Issued together with Circular No. 16/2016/TT-BTTTT dated June 28, 2016 of the Minister of the Ministry of Information and Communications.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
DOCUMENT REQUESTING WITHDRAWAL OF TRANSFER APPLICATION FOR DOMAIN NAME USE RIGHTS
Respectfully submitted to: ||| (Name of Registrar)…..
We (the transferring party and the receiving party of domain name use rights) have agreed and request withdrawal of the transfer application for domain name use rights according to the following information:
1. Domain Name Proposed for Withdrawal of Transfer Application:
…………………………………………………………………………………..
- Registration Date: ...
- Expiration Date: ...
- Managing Registrar: ...
2. Date of Submission of Transfer Application for Domain Name Use Rights:
3. Transferring Party of Domain Name Use Rights (Domain Name Holder)
a) In case of an organization:
- Organization Name:...
- Foreign language trading name (if applicable): ...
- Address: ...
- Phone number: ...
- Email address: ...
- Legal representative's full name...Position:...
- Information of the authorized person representing the organization or business to handle the withdrawal of the transfer application for domain name use rights:
* Full name: ...
* National ID number/Passport number: ...
b) In case of an individual:
- Name:…
- National ID number/Passport number: ...
- Address: ...
- Phone number: ...
- Email address: ...
4. Receiving Party of Domain Name Use Rights Transfer:
a) In case of an organization:
- Organization Name:...
- Foreign language trading name (if applicable): ...
- Address: ...
- Phone number: ...
- Email address: ...
- Legal representative's full name...Position:...
- Information of the authorized person representing the organization or business to handle the withdrawal of the transfer application for domain name use rights:
* Full name: ...
* National ID number/Passport number: ...
b) In case of an individual:
- Name:…
- National ID number/Passport number: ...
- Address: ...
- Phone number: ...
- Email address: ...
We hereby take responsibility under the law for the provided information.
Respectfully,
..., day ..., month ..., year ...
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Transferring Party (individuals sign with full name; legal representative signs and stamps if it is an organization) |
Receiving Party (individuals sign with full name; legal representative signs and stamps if it is an organization) |
Form number 04 Issued together with Circular No. 16/2016/TT-BTTTT dated June 28, 2016 of the Minister of the Ministry of Information and Communications.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
DOCUMENT APPROVING TRANSFER APPLICATION FOR DOMAIN NAME USE RIGHTS
Information of Registrar managing the transferred domain name:
- Name of Registrar:
...............................................................................................................
- Contact Address: ...
- Phone number: ...; email address: ...
After reviewing and examining the transfer application for domain name use rights ... received on ..., we respectfully notify:
1. Domain Name: ...meets the conditions for transfer of use rights.
2. Parties involved in the transfer of domain name use rights must fulfill subsequent steps of the transfer process according to the regulations.
Respectfully notified./.
|
|
..., day ..., month ..., year ... Legal Representative of Registrar (Signature, stamp) |
Form number 05 Issued together with Circular No. 16/2016/TT-BTTTT dated June 28, 2016 of the Minister of the Ministry of Information and Communications.
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
DOCUMENT DENYING TRANSFER APPLICATION FOR DOMAIN NAME USE RIGHTS
Information of Registrar managing the transferred domain name:
- Name of Registrar:...
- Contact Address: ...
- Phone number: ...; email address: ...
After reviewing and examining the transfer application for domain name use rights ... received on ..., we respectfully notify:
1. Domain Name: ...does not meet the conditions for transfer of use rights;
2. Reason for denial: ...
…………………………………………………………………………………
…………………………………………………………………………………
Respectfully notified./.
|
|
..., day ..., month ..., year ... Legal Representative of Registrar (Signature, stamp) |
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