Circular No. 19/2014/TT-BTTTT on the management and use of Internet resources

CIRCULAR

Regulations on Management and Use of Internet Resources

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Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Information Technology dated June 29, 2006;

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;

The Ministry of Information and Communications issues this Circular to regulate the management and use of Internet resources.

PART I

GENERAL PROVISIONS

Article 1. Scope and objects regulated

This Circular stipulates the management and use of Internet resources, including allocation, issuance, exploitation, registration, return, suspension, recovery, dispute resolution, and usage for agencies, organizations, and individuals participating in activities within the Internet sector in Vietnam.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. ICANN is the acronym for the organization managing domain names and international numbers, having authority over the global top-level domain system.

2. VNNIC is the abbreviation for the Vietnam Internet Network Information Center, an entity under the Ministry of Information and Communications, which performs functions of management, supervision, promotion of development, and support for the use of Internet resources in Vietnam.

3. Domain Name Registrar is an organization providing domain registration and maintenance services, including the National Domain Registrar (Registrar for the ".vn" domain) and the International Domain Registrar in Vietnam.

4. Domain Name is a name used to identify the Internet address of a server consisting of character strings separated by dots “.”. A domain name includes:

a) Domain names using characters based on the ASCII code table, hereinafter referred to as ASCII-coded domain names;

b) Domain names using alphabets based on traditional language scripts of each country, hereinafter referred to as Internationalized Domain Names (IDN).

5. Top-Level Domain (TLD) is the final string of characters in the domain name structure as prescribed by ICANN. The top-level domain (TLD) includes:

a) Generic Top-Level Domain (gTLD) the domains ".com"; ".net"; ".edu"; ".org"; ".int"; ".biz"; ".info"; ".name"; ".pro"; ".aero"; ".museum"; ".coop", and other generic top-level domains (gTLDs) as prescribed by ICANN.

b) Country Code Top-Level Domain (ccTLD) is the top-level domain designated specifically for each country and territory as prescribed by ICANN. ICANN prescribes the ".vn" domain as the highest-level country code domain for Vietnam.

6. Subsequent level domains (level 2, level 3, etc.) are character strings forming domain names sequentially below the top-level domain.

7. Vietnam’s Country Code Top-Level Domain is a collection of subsequent level domains under the highest-level country code domain ".vn" and other country code top-level domains (ccTLDs) under the management rights of Vietnam.

8. International Domain Name is a collection of subsequent level domains under generic top-level domains (gTLDs) and country code top-level domains (ccTLDs), excluding the country code top-level domain of Vietnam.

9. New generic top-level domains (New gTLDs) are generic top-level domains (gTLDs) directly issued by ICANN to organizations and individuals worldwide under the New gTLD program of ICANN.

10. Internet Address (IP address) is the network address of a device or server, including generations of IPv4, IPv6 addresses, and future generations of addresses to be used.

11. Network Identifier is a number used to identify a computer network participating in common routing activities on the Internet.

12. Domain Name System (DNS) Server System is a set of server clusters connected to respond with the corresponding IP address when queried for a domain name. The national DNS system is the DNS system managed directly by VNNIC serving queries for IP addresses for Vietnamese national domain names ".vn".

13. Domain Name Registration and Maintenance Service ".vn" is a service providing agencies, organizations, and individuals the ability to create, update, maintain, and manage ".vn" domain names registered in the domain database and the national DNS system.

14. Domain Name Registration and Usage Subject (hereinafter referred to as subject) are agencies, organizations, and individuals who have completed registration procedures and been granted the right to use the ".vn" domain name.

Article 3. Principles for managing and using Internet resources

Internet resources shall be uniformly planned to ensure the safety, reliability, and effectiveness of Vietnam's Internet activities.

Internet resources related to sovereignty, interests, and national security; involving agencies, organizations of the Party, State, and political-social organizations shall be prioritized for protection and shall not be infringed upon.

3. Management and use of Internet resources must ensure compliance with intended purposes, appropriate subjects, regulations, and not infringe upon the legitimate rights and interests of other organizations and individuals.

4. Strengthen international cooperation, strictly implement and respect international treaties and laws in the field of managing and using Internet resources on the basis of ensuring sovereignty, national interests, and security.

Article 4. Fees and Charges

1. Organizations and individuals using Internet resources are responsible for paying fees and charges before the resources go into operation or continue their operations.

2. VNNIC guides and organizes the collection and payment of fees and charges in accordance with regulations.

Chapter II

MANAGEMENT AND USE OF THE NATIONAL DOMAIN NAME ".VN"

Article 5. Structure of ".vn" Domain Names

1. The national domain name ".vn" includes the non-accented domain name and the Vietnamese language domain name:

a) Non-accented domain names are ASCII code domain names, where characters forming the domain name are characters defined in the ASCII table, including non-accented sub-level domain names under the ".vn" domain name;

b) The Vietnamese language domain name is a multilingual domain name where the characters forming the domain name are those specified in the Vietnamese character set and extended Vietnamese character set according to standard TCVN 6909:2001 and the "-" symbol, including Vietnamese language domain names at subsequent levels under the ".vn" domain.

2. Non-accented domain names include second-level non-accented domain names shared by field; second-level non-accented domain names shared by administrative region; second-level non-accented domain names reserved exclusively; third-level non-accented domain names under second-level non-accented domain names shared:

a) Second-level non-accented domain names shared by field are non-accented domain names named after fields of activity in social life and used in common without being assigned exclusively to any agency, organization, or individual, including:

- COM.VN for organizations and individuals related to business and trade activities;

- BIZ.VN for organizations and individuals related to business and trade activities (equivalent to the COM.VN domain);

- EDU.VN for organizations and individuals related to education and training activities;

- GOV.VN for central and local state agencies;

- NET.VN for organizations and individuals related to establishing and providing services on networks;

- ORG.VN for organizations engaged in political, cultural, and social activities;

- INT.VN for international organizations;

- AC.VN for organizations and individuals related to research activities;

- PRO.VN for organizations and individuals related to high-specialized field activities;

- INFO.VN for organizations and individuals related to information production, distribution, and provision activities;

- HEALTH.VN for organizations and individuals related to pharmaceutical and healthcare activities;

- NAME.VN for personal names related to Internet activities;

- Other domain names prescribed by the Ministry of Information and Communications.

b) Second-level non-accented domain names shared by administrative region are non-accented domain names named after provinces and centrally-administered cities without accents and used in common without being assigned exclusively to any agency, organization, or individual (HANOI.VN, HAIPHONG.VN, etc.);

c) Second-level non-accented domain names reserved exclusively are non-accented domain names reserved for agencies, organizations, and individuals registering for exclusive use;

d) Third-level non-accented domain names are non-accented domain names under second-level non-accented domain names shared by field, second-level non-accented domain names shared by administrative region, and reserved for agencies, organizations, and individuals registering for exclusive use.

3. Vietnamese language domain names include second-level Vietnamese language domain names shared by administrative region, second-level Vietnamese language domain names reserved exclusively, and third-level Vietnamese language domain names under second-level Vietnamese language domain names shared by administrative region.

a) Second-level Vietnamese domain names commonly used according to administrative boundaries are Vietnamese domain names named after provinces, centrally governed cities, and are used in common without being assigned specifically to any agency, organization, or individual (HANOI.VN, HAI PHONG.VN...);

b) Level 2 Vietnamese language domain names exclusive are Vietnamese language domain names reserved for agencies, organizations, and individuals registering for use according to specific requirements;

c) Third-level Vietnamese domain names are Vietnamese domain names under second-level Vietnamese domain names commonly used according to administrative boundaries and are reserved for agencies, organizations, and individuals who apply for registration based on their specific requirements.

Article 6. Principles for registering ".vn" domain names

1. Agencies, organizations, and individuals registering domain names shall be responsible under the law for the accuracy of the information provided.

2. Registration of ".vn" domain names shall be carried out on the principle of equality, without discrimination, with priority given to those who register first, except for:

a) Domain names within the scope of protection prioritized as stipulated in Clause 1, Article 8 of this Circular;

b) Domain names reserved for auction as prescribed by the Ministry of Information and Communications.

3. Organizations and individuals may choose domain names for registration, but must ensure that they do not contain phrases that infringe upon national interests, violate social morals, customs, and traditions of the nation; they must reflect seriousness to avoid misunderstandings or distortions due to homophones, polysemes, or when Vietnamese is written without tone marks.

4. The chosen domain names for registration must meet the following conditions:

a) Contain at least one or a series of characters under the high-level domain ".vn";

b) Can include letters from A to Z; digits from 0 to 9; Vietnamese letters in the Vietnamese alphabet, and all characters accepted by the domain name server system on the network. These characters are case-insensitive;

c) Can include a hyphen "-" but cannot start or end with this character and cannot have two consecutive hyphens "-" in the domain name;

d) At each level, it cannot exceed 63 characters (for Vietnamese domain names, the number of characters is calculated based on the length after converting to an ASCII string without tone marks);

đ) For domain names under ".NAME.VN", they must ensure that the domain name is a personal name or accompanied by a personal name including surname, middle name, place of birth, year of birth (overall conveying the meaning of a personal name, identity of the subject).

Article 7. Principles for using ".vn" domain names

1. Agencies, organizations, and individuals shall not assign sub-domain names under their own domain names to other agencies, organizations, or individuals, except in cases where agencies or organizations assign to their affiliated units or individuals working within their agencies or organizations, while also having the responsibility to manage the domain names assigned by themselves.

2. Party and state agencies must use at least one ".vn" domain name and store information on a server system with an IP address in Vietnam for their official electronic information websites.

3. Comprehensive electronic information websites and social networking sites subject to licensing must use at least one ".vn" domain name and store information on a server system with an IP address in Vietnam for their official electronic information websites.

Article 8. Principles for protecting ".vn" domain names

1. Priority protection shall be given to all levels of ".vn" domain names related to sovereignty, national interests, and national security, including:

a) Domain names are the names of districts, communes in border areas, names of islands, archipelagos, names of seas, and maritime zones of Vietnam;

b) Domain names representing Vietnamese place names recognized by UNESCO as world cultural heritage sites;

c) Domain names are the names of Party organizations, state agencies, political-social organizations (Central Committee of the Vietnam Fatherland Front; Vietnam General Confederation of Labor; Vietnam Farmers' Association; Ho Chi Minh Communist Youth Union; Vietnam Women's Union; Vietnam Veterans Association);

d) Domain names related to activities ensuring national security, defense, diplomacy, and other domain names that need to be protected as prescribed by the Ministry of Information and Communications.

2. Agencies and organizations related to the domain names specified in Clause 1 of this Article shall be responsible for registering and reserving places to protect domain names with VNNIC. VNNIC shall compile and submit to the Ministry of Information and Communications for approval the list of domain names prioritized for protection, and proactively reserve and protect the aforementioned domain names when necessary.

3. Organizations and individuals not falling within the priority category shall not be allowed to register domain names prioritized for protection as prescribed in this Article.

Article 9. Domain Name Registrar for “.vn”

1. The domain name registrar for “.vn” is a Vietnamese enterprise or a foreign enterprise that enters into a contract with VNNIC to provide domain name registration and maintenance services for “.vn” domains in Vietnam and abroad.

2. Conditions for entering into a contract with the domain name registrar for “.vn”

a) Technical capacity meeting the following requirements:

- Having technical infrastructure, DNS server systems connected to VNNIC’s technical infrastructure as required;

- Having database and software for managing domain name registration, fee collection, and reporting for “.vn” domains;

- Having solutions to ensure information security, backup, and rapid data recovery in case of incidents.

b) Business capacity meeting the following requirements:

- For domestic enterprises, having at least three years of experience operating in the telecommunications and information technology sectors; for foreign enterprises, being officially registered with ICANN;

- Having business organization plans and development management plans for “.vn” domains that are appropriate and feasible within the first three years.

c) Management capacity meeting the following requirements:

- Having complete regulations, procedures, and forms to provide domain name registration and maintenance services for “.vn”;

- Having at least two technical staff members and two managerial staff members who meet the knowledge standards in information technology as prescribed by the Ministry of Information and Communications and evaluated by VNNIC.

3. The number of domain name registrars for “.vn” selected to enter into contracts must be consistent with the internet resource planning issued by the Ministry of Information and Communications and the actual development of “.vn” domains during each period.

4. When providing domain name registration and maintenance services for “.vn”, the domain name registrar for “.vn” shall be entitled to commission from the following activities:

a) Promoting, publicizing, and developing “.vn” domains;

b) Registering and maintaining “.vn” domains;

c) Ensuring safety for domain name registration and maintenance activities for “.vn”;

d) Collecting fees and charges for “.vn” domains.

Article 10. Procedures for registering, changing registration information, and returning “.vn” domains

1. Registration, change of registration information, and return of “.vn” domains are not allowed in the following cases:

a) Not allowed to register domain names:

- That do not comply with the structure specified in Article 5 of this Circular;

- Violating the principles of domain name registration as stipulated in Article 6 of this Circular;

- Violating the protection principles of domain names as stipulated in Article 8 of this Circular.

b) Not allowed to change the name of the registrant of the domain name, except in the following cases: Agencies, organizations, and enterprises changing their names according to the decision of the competent authority; Individuals changing their surnames and names according to the decision of the competent state authority;

c) Not allowed to return domain names that are currently under violation processing and have not yet received a final conclusion from the competent authority.

2. When implementing procedures for registering, changing registration information, and returning “.vn” domains, the subject must submit a Domain Name Registration Form, a Request to Change Registration Information, or a Request to Return a Domain Name. The format of the Domain Name Registration Form, Request to Change Registration Information, and Request to Return a Domain Name is prescribed by the domain name registrar for “.vn” on the registrar's website but must meet the following conditions:

a) For agencies, organizations, and enterprises, the Domain Name Registration Form, Request to Change Registration Information, and Request to Return a Domain Name must bear the seal of the agency, organization, and the signature (in the case of online registration, it is a digital signature) of the legal representative or a person authorized by the legal representative and accompanied by a power of attorney. For individuals, the Domain Name Registration Form, Request to Change Registration Information, and Request to Return a Domain Name must bear the signature of the individual (in the case of online registration, it is a digital signature).

b) The Domain Name Registration Form must include the following basic information:

- For agencies, organizations, and enterprises: name of the agency, organization; address, phone number, email address of the agency, organization; name of the domain manager along with contact address, phone number, email address, ID card number (or passport for foreign individuals); name of the technical manager along with contact address, phone number, email address; name of the person responsible for paying fees and charges along with contact address, phone number, email address; name of the person representing the agency or organization to handle domain registration procedures along with contact address, phone number, ID card number (or passport for foreigners).

- For individuals: full name; year of birth; permanent residence address; ID card number (or passport number for foreign individuals); phone number; email address.

c) The Request to Change Registration Information (Return) Domain Name must include basic information such as the content of the change in registration information (return) domain name and the reason for the change in registration information (return) domain name.

3. Submission address for application materials:

a) Application materials for domain name registration are submitted to domain name registrars for “.vn” listed at the address: www.nhadangky.vn;

b) Application materials for changing registration information and returning “.vn” domains are submitted to the domain name registrar for “.vn” currently managing the domain.

4. Methods of submitting application materials for domain name registration, changing registration information, and returning domain names:

a) Submitting directly at the premises of the domain name registrar for “.vn”: individuals as the subject of the domain name, or persons representing agencies, organizations, and enterprises handling domain name registration, changing registration information, and returning domain names need to present an ID card (or passport for foreign individuals) for the domain name registrar to compare with the information in the application materials or in the national domain name management database;

b) Submitting the dossier to the domain name registrar ".vn" offices via postal service: for individuals who are domain subjects, or representatives of agencies, organizations, enterprises handling registration, information change, or domain return, must attach a certified copy of their identity card (or passport for foreign individuals) for the domain name registrar ".vn" to compare with the information in the dossier or in the national domain management database;

c) Performing online through the electronic information website of the domain name registrars ".vn" when using digital signatures.

5. For cases permitted to change the domain registration subject as stipulated in point b, Clause 1, Article this, in addition to the Application for Change of Domain Registration Information, agencies, organizations, and individuals must present the original or submit a certified copy of the decision changing the agency, organization, enterprise name, or the decision changing the individual's surname and name, depending on the method of submitting the dossier prescribed in Clause 4 of this Article.

6. Within three working days from the date of receiving valid domain registration, information change, or domain return dossiers, the domain name registrar ".vn" shall notify the subject of the result of processing the dossier. In case of rejection, the notification must clearly state the reasons.

Article 11. Procedures for Temporarily Suspending Domain ".vn"

1. The domain ".vn" will be temporarily suspended in the following cases:

a) At the request in writing of the public security agency regarding information security, high-tech crimes when conducting business activities to promptly prevent acts that cause loss of information security in ensuring national security, social order, and safety according to the provisions of the law;

b) At the request in writing of the state management agency for information and communications when conducting inspection and supervision activities to promptly prevent serious violations of information security regulations and information management on the internet according to the provisions of the law;

c) Five (05) days after the deadline for paying the domain maintenance fee as prescribed, the domain registration subject does not continue to pay the maintenance fee.

2. In the cases stipulated in points a and b, Clause 1, Article this, after receiving the written requests of the relevant agencies, VNNIC will implement the temporary suspension of the requested domain on the national domain server system, simultaneously requesting the domain registrar to send notifications about the temporary suspension of the domain to related agencies, organizations, and individuals. The period of temporary suspension of the domain shall not exceed forty-five days from the date the domain was suspended on the system. After the suspension period, VNNIC will resume the operation of the domain if it does not carry out the domain recovery procedure as prescribed in Article 12 of this Circular.

3. In the case stipulated in point c, Clause 1, Article this, after the specified period, the domain will automatically be temporarily suspended on the system if the maintenance fee is not paid. During the thirty-day period from the date of suspension, if the domain registration subject pays the maintenance fee as prescribed, they will be allowed to continue using the registered domain.

Article 12. Procedures for Recovering Domain ".vn"

1. National domains of Vietnam will be recovered in the following cases:

a) According to the successful mediation record of the parties involved in the domain dispute or according to the effective administrative penalty decision of the Arbitration Agency or according to the effective court judgment or decision in resolving domain disputes;

b) According to the written request of the Ministry of Information and Communications for the revocation of domain names as prescribed at point a, point b, Clause 2, Article 50 of the Telecommunications Law;

c) According to the administrative penalty decision with the remedial measure being "recovery of the domain", or applying the supplementary punishment form "confiscation of the violation means" by the specialized inspection agency for information and communications when the use of the domain violates the regulations on the provision and use of Internet services and information on the network;

d) At the request in writing of the public security agency regarding information security, high-tech crimes when the use of the domain infringes upon national security, social order, and safety according to the provisions of the law on national security;

đ) Thirty days after the suspension period stipulated in point c, Clause 1, Article 11 of this Circular, if the domain registration subject does not pay the maintenance fee as prescribed;

e) Other cases as prescribed by the Government.

2. Upon receipt of the documents stipulated in points a, b, c, and d, Clause 1, Article this, VNNIC issues a Decision to recover the domain; implements the cessation of operations of the recovered domains on the national domain server system; requests the domain registrar to send notifications about the recovery of the domain to related organizations and individuals.

3. In the case stipulated in point đ, Clause 1, Article this, after receiving the online notification "List of domains not paying maintenance fees" signed digitally by the domain registrars, VNNIC decides to recover the domain by periodically sending the online confirmation "List of recovered domains" signed digitally by VNNIC to the relevant domain registrars; implements the cessation of operations of the recovered domains on the national domain server system; requests the domain registrar to notify the recovery of the domain to related agencies, organizations, and individuals.

4. After reviewing, if it is found that the recovered domains do not violate the domain registration principles prescribed in Article 6 of this Circular, VNNIC will restore the recovered domains to a free status for agencies, organizations, and individuals to register and use as needed.

Article 13. Registration and Use of Domain Names under ".gov.vn"

In addition to the provisions set forth in Articles 6, 7, 8, 10, 11, and 12 of this Circular, the registration and use of domain names under ".gov.vn" must comply with the following regulations:

1. The subjects eligible for registering domain names under ".gov.vn" include:

a) Central and local state agencies as prescribed in Laws on the Organization of the National Assembly, Government, People's Councils, People's Committees, People's Procuratorates, and People's Courts; Decrees of the Government prescribing the functions, tasks, powers, and organizational structure of Ministries, ministerial-level agencies, and government agencies;

b) Units within the organizational structure of state agencies as prescribed in point a, Clause 1 of this Article.

2. The ".gov.vn" domain must be named according to the specific, clear, distinguishable name of the agency or unit and consistent with its functions and tasks.

3. The person responsible for managing the ".gov.vn" domain must be the head of the agency or unit or someone authorized by the head; the domain registration application under ".gov.vn" must follow the model prescribed in Appendix 1 attached to this Circular.

4. The registration, information change, and refund of ".gov.vn" domain names, and protected domain names as stipulated in Clause 1, Article 8 of this Circular shall be carried out through domestic ".vn" domain registrars. Domestic ".vn" domain registrars shall be responsible for transferring files to VNNIC for review, decision-making, and notification back to the domain registrar and relevant agencies, organizations, and individuals.

5. The suspension and revocation of ".gov.vn" domain names, and protected domain names as stipulated in Clause 1, Article 8 of this Circular shall be directly reviewed and resolved by VNNIC and reported to the Ministry of Information and Communications for decision.

6. The registration and use of domain names under ".gov.vn" to provide online information and public services on government websites must comply with the provisions of Article 6 of Decree No. 43/2011/NĐ-CP dated June 13, 2011, of the Government regarding the provision of online information and public services on government websites.

Article 14. Domain Name Information Lookup System ".vn"

1. The domain name information lookup system (Whois) is a system that publicly provides online information about domain names and the subjects registering and using domain names according to the recommendations of ICANN and international practices.

2. The Domain Name Information Lookup System ".vn" (Whois VN) includes the Whois VN system provided by VNNIC at the address whois.vn and other Whois VN systems provided by ".vn" Domain Name Registrars.

3. Information on the Whois VN system includes:

a) Domain name;

b) Registration date, expiration date;

c) The name of the agency or organization, or the surname, name, and date of birth of the individual;

d) Domain Name Registrar managing the domain name;

d) Information about the domain name server transfer.

4. The information on the Whois VN system as stipulated in Clause 2 of this Article shall be made publicly available on the Internet and serve the management and use of ".vn" domain names.

Article 15. Transfer of ".vn" Domain Registrar

1. The transfer of a ".vn" domain registrar shall be carried out if all parties involved in the transfer process agree, including: the domain name registrant, the current domain registrar managing the domain, and the new registrar to which the registrant wishes to transfer the domain.

2. Domain names may not be transferred to another registrar in the following cases:

a) Within sixty (60) days from the date of the new domain registration;

b) Within thirty (30) days before the expiration of the domain usage period;

c) The domain is currently being processed for violation, suspended, or in dispute.

3. In case the ".vn" domain registrar is no longer capable of managing its domain names, those domains will be transferred to another ".vn" domain registrar according to an agreement between the two registrars, subject to written approval by VNNIC or at the request of VNNIC.

Article 16. Management of ".vn" Domains After Dispute Resolution

1. VNNIC and the ".vn" domain registrar shall base their actions on the successful mediation record of the parties; the effective arbitration decision; the final court judgment or decision to implement:

a) Revoking the domain, or

b) Maintaining the status quo of the domain;

2. If the successful mediation record; the effective arbitration decision; the final court judgment or decision specifies that the disputed domain is revoked and allows the plaintiff to register and use it, the plaintiff shall have priority to register within ten (10) days from when the record, decision, or judgment becomes legally binding. After this period, the domain will be freely available for registration.

Article 17. Rights and Obligations of Organizations and Individuals Registering and Using ".vn" Domains, sử dụng tên miền “.vn”

1. To register and use ".vn" domains in accordance with the law.

2. To lodge complaints, denunciations, or lawsuits when the registration and use of their ".vn" domain is interfered with or violated contrary to the law.

3. To choose a registrar from the system of ".vn" domain registrars to register a domain or to transfer the domain registrar.

4. To provide complete and accurate information when registering a domain as required; to be responsible for managing their domain information; to notify and update information according to the registrar's instructions whenever there is a change in information and to verify information upon request from the managing registrar or VNNIC.

5. To participate and cooperate in preventing the abuse of domains to commit illegal acts.

6. Implementing technical measures to ensure the security of the domain name and the information provided along with the registered and used domain name.

7. The registrant of a domain must bear full responsibility for the use of the registered domain.

Article 18. Rights and Obligations of the Domain Name Registrar ".vn"

1. To provide domain name registration and maintenance services for ".vn" domains in Vietnam and abroad as prescribed.

2. To receive commission fees for domain name registration and maintenance services as stipulated in Clause 4, Article 9 of this Circular based on contracts signed with VNNIC.

3. To refuse domain name registrations when organizations or individuals violate regulations concerning domain name registration and usage for ".vn" domains.

4. Not to infringe upon and cause harm to the lawful rights and interests of domain name registrants, users, and other ".vn" domain name registrars.

5. To publicly disclose forms, procedures, and processes for registering ".vn" domain names on their electronic information websites.

6. To implement technical and operational measures as prescribed and guided by VNNIC to ensure safety for ".vn" domain name registration services; domain name information and data; and DNS system transfer activities.

7. To protect the confidentiality of domain name registrants' and users' information, except in cases where written requests are made by authorized state agencies according to the law.

8. Not to engage in speculative domain name registration for ".vn" domains under any form; not to obstruct or attempt to obstruct organizations, entities, or individuals from legally registering and using domain names they desire.

9. To collect and remit registration and maintenance fees for ".vn" domains in accordance with state regulations.

10. When providing ".vn" domain name registration and maintenance services in Vietnam, to use the primary DNS (Primary DNS) system with the national domain name ".vn".

11. To comply with Vietnamese laws and local laws when providing domain name registration services to organizations and individuals outside Vietnam.

12. Overseas domain name registrars for ".vn" domains may only provide ".vn" domain name registration and maintenance services in Vietnam through their official agents in Vietnam.

13. To coordinate with VNNIC and competent state authorities to resolve and handle matters related to ".vn" domains.

14. To review and ensure that registered domain names are updated with all required information as stipulated in Articles 10 and 13 of this Circular.

15. To carry out periodic and ad hoc reporting as requested and guided by VNNIC.

Article 19. Responsibilities of VNNIC

1. To ensure effective, safe, and compliant operation of ".vn" domain name registration, maintenance, management, and the national DNS system.

2. To safeguard the confidentiality of domain name registrants' and users' information as prescribed.

3. To protect ".vn" domain names related to sovereignty, interests, and national security.

4. To develop and submit to the Ministry of Information and Communications for approval model contracts to be signed with ".vn" domain name registrars.

5. To select and sign contracts with enterprises meeting the conditions for ".vn" domain name registrars.

6. To manage, inspect, and supervise the operations of ".vn" domain name registrars to ensure compliance with the law and contracts signed between both parties.

7. To disseminate, guide, and train ".vn" domain name registrars on domain name management laws and practices.

8. To pay commissions to ".vn" domain name registrars according to regulations and contracts signed with ".vn" domain name registrars.

Chapter III

REGISTRATION AND USE OF INTERNATIONAL DOMAIN NAMES IN VIETNAM

Article 20. Procedures for registering international domain names in Vietnam

1. Entities responsible for registration: International Domain Name Registrars in Vietnam. The list and contact addresses of International Domain Name Registrars in Vietnam are published at the website: www.thongbaotenmien.vn, under the section "International Domain Name Registrars in Vietnam."

2. The application form for registering a domain name shall be prescribed by the International Domain Name Registrar in Vietnam on their electronic information page, but must satisfy the following conditions:

a) For agencies and organizations: The application form for registering a domain name must bear the seal of the agency or organization and the signature (in case of online registration, it is a digital signature) of the legal representative or a person authorized by the legal representative of the agency or organization, along with the power of attorney. The application form for registering a domain name must include basic information, including: the name of the agency or organization; address, telephone number, email address of the agency or organization; the name of the domain name manager accompanied by contact address, telephone number, email address, ID card number (or passport number for individuals who are foreigners); the name of the technical manager accompanied by contact address, telephone number, email address; the name of the person responsible for paying the registration and maintenance fees for the domain name accompanied by contact address, telephone number, email address; the name of the person representing the agency or organization to handle the domain name registration accompanied by contact address, telephone number, ID card number (or passport number for individuals who are foreigners).

b) For individuals: The application form for registering a domain name must bear the signature of the individual (in case of online registration, it is a digital signature). The application form for registering a domain name must include basic information, including: full name; date of birth; permanent residence address; ID card number (or passport number for individuals who are foreigners); telephone number; email address.

3. Registration methods:

a) Submitting the registration application directly at the premises of the Domain Name Registrar. When submitting the domain name registration application, the individual registering the domain name, or the person representing the agency or organization to handle the domain name registration must bring along the Identity Card for the Domain Name Registrar to compare with the information in the Application Form for Registering a Domain Name.

b) Sending the registration application to the premises of the Domain Name Registrar via postal service. When sending the domain name registration application via postal service, the individual registering the domain name, or the person representing the agency or organization to handle the domain name registration must send along a certified copy of the Identity Card (or passport for individuals who are foreigners) for the Domain Name Registrar to compare with the information in the Application Form for Registering a Domain Name.

c) Performing the registration online through the electronic information page of the Domain Name Registrar in cases where a digital signature is used.

Article 21. Notification of Use of International Domain Names in Vietnam

1. Notification time: Before the organization or individual puts the registered international domain name into use.

2. Implement notification at the address: www.thongbaotenmien.vn.

3. Content of notification:

a) For agencies and organizations: the name of the agency or organization as recorded in the decision on establishment, business license, business registration certificate, or office representative permit; main office address, telephone number, email address; the name of the domain name manager accompanied by contact address, telephone number, email address, ID card number or passport number for foreigners.

b) For individuals: full name; permanent residence address; phone number; email address; ID card number, issuance date, issuing authority, or passport number for foreigners;

c) The domain name being put into use.

4. Information changes:

a) When there is a change in the previously notified information, the entity or individual using the international domain name must use the access name and password provided to perform the addition, modification, or deletion of information related to the currently used international domain name at the address: www.thongbaotenmien.vn.

b) In case of forgetting or losing the password, or if the domain name has been reported as used by another person, the subject must submit a written request to VNNIC to support the reissuance of the password and adjustment of information.

Article 22. Procedures for registering international domain name registrar activities in Vietnam

1. Conditions to become an international domain name registrar in Vietnam are stipulated in Clause 2, Article 15 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 networks.

2. The registration dossier includes:

a) A registration application form for international domain name registrar activities in Vietnam according to the model prescribed in Appendix 2 attached to this Circular;

b) Certified copy of Investment Certificate or Decision on Establishment or Business Registration Certificate;

c) Certified copy of Contract signed with International Domain Name Management Organization (ICANN) or Contract signed with Accredited Registrar of ICANN.

3. Address for receiving dossiers: Vietnam Internet Network Information Center - 18 Nguyen Du Street, Hanoi City.

4. Confirmation of registration:

a) Within five (05) working days from the date of receipt of a valid registration dossier of the enterprise, the Ministry of Information and Communications (Vietnam Internet Network Information Center) will notify the enterprise of confirmation of receipt of the valid registration dossier and inclusion in the management list at the address www.thongbaotenmien.vn, or request for supplementary and completion of the dossier in case the registration dossier does not comply with regulations;

b) Form of confirmation: By written document or through the network environment at the addresses specified by the Ministry of Information and Communications at the address: www.thongbaotenmien.vn.

Article 23. Rights and Obligations of Organizations, Institutions, Individuals Registering and Using International Domain Names

1. Organizations and individuals in Vietnam registering international domain names to establish email boxes, websites, social networks must implement contents related to management and use of Internet resources; management of information on networks as prescribed in Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on management, provision, and use of Internet services and information on networks.

2. When registering to use international domain names in Vietnam, organizations and individuals must report and update information at the address www.thongbaotenmien.vn as prescribed in Article 21 of this Circular and shall be responsible under the law for the accuracy of the reported and updated information.

Article 24. Rights and Obligations of International Domain Name Registrars in Vietnam

1. Implement registration activities with the Ministry of Information and Communications as prescribed in Article 22 of this Circular and only provide international domain name registration services to organizations and individuals after receiving a written notification from the Ministry of Information and Communications confirming receipt of a valid registration dossier and announcing as an international domain name registrar in Vietnam at the address www.thongbaotenmien.vn.

2. Accept international domain name registrations through Contracts with registrants. The content of the Contracts of international domain name registrars in Vietnam must include provisions binding registrants to fully comply with the provisions of Article 23 of this Circular.

3. Manage all information as prescribed in Clause 2, Article 20 of this Circular about organizations and individuals in Vietnam registering international domain names at their own units.

4. Guide organizations and individuals registering to use international domain names to report to the Ministry of Information and Communications as prescribed in Article 21 of this Circular.

5. Before the 15th day of the first month of each quarter, report an updated list of international domain names currently managed to VNNIC through the network environment according to detailed guidelines prescribed at the address www.thongbaotenmien.vn.

6. Provide information and cooperate with competent state agencies to resolve and handle matters related to international domain names.

Article 25. Procedures for registering and using new generic top-level domains (gTLDs)

1. Agencies, organizations, and enterprises wishing to register new generic top-level domains (gTLDs) with ICANN must submit an application package to the Ministry of Information and Communications, including:

a) An application form containing the following information: name of agency, organization, or enterprise; proposed domain name; purpose of using the domain name;

b) A plan for allocating subdomains under the new generic top-level domain;

c) A report on technical capabilities and management systems for registering the new generic top-level domain;

d) A certified copy of the Decision on Establishment or Investment Certificate or Business Registration Certificate of the agency, organization, or enterprise.

2. Within thirty days from the date of receipt of the application package for registering the new generic top-level domain, the Ministry of Information and Communications shall issue a notification approving or rejecting the registration application. In case of rejection, the notification shall specify the reasons.

3. Only after receiving the notification approving the registration of the new generic top-level domain from the Ministry of Information and Communications, agencies, organizations, and enterprises may proceed with the registration procedures with ICANN.

4. Except in special cases permitted by the Ministry of Information and Communications, agencies, organizations, and enterprises may only allocate subdomains under the new generic top-level domain to their affiliated units.

5. The Ministry of Information and Communications will not grant permission to establish websites on the internet for cases where the use of new generic top-level domains violates the provisions of Clauses 1, 3, and 4 of this Article.

Chapter IV

MANAGEMENT AND USE OF IP ADDRESSES AND NETWORK IDENTIFICATION NUMBERS

Article 26. General Provisions on Allocation and Use of IP Addresses

1. Agencies, organizations, and enterprises that need to establish networks connected to the Internet have the right to request allocation of IP addresses for internal use or to resell to customers connected to their service networks. It is encouraged to register for IPv6 addresses.

2. IP addresses are allocated and assigned based on actual usage needs and are valid throughout the territory of Vietnam. Agencies, organizations, and enterprises participating in Internet activities must ensure:

a) Implementation of routing for IP address regions in Vietnam according to the guidelines of VNNIC;

b) Not routing IP address regions outside the management list of VNNIC except in cases of international gateway connections.

c) Cooperation with VNNIC on technical and routing policy matters to ensure the operation of the national DNS system and the national Internet exchange point (VNIX) is safe and efficient;

d) Having plans to put IPv6 addresses into operation in accordance with the national action plan for IPv6.

3. Management, allocation, and assignment of IP addresses for use on the Vietnamese Internet must comply with the policies of international organizations authorized to plan and allocate addresses for Vietnam. If unused within six months from the date of allocation or assignment, the IP addresses will be reclaimed unless there is a legitimate reason.

4. Agencies, organizations, and enterprises no longer needing IP addresses must submit a return letter to VNNIC. Returned IP address regions will be reallocated to other agencies, organizations, and enterprises with needs.

5. IP addresses and network numbers are not allowed to be transferred. When no longer needed, they must be returned to the Ministry of Information and Communications (Vietnam Internet Network Information Center).

6. During the IPv4 exhaustion phase:

a) New IPv4 allocations follow the limited distribution policy defined by the Asia-Pacific Regional Internet Registry (APNIC);

b) Receiving IP addresses directly from international organizations must comply with the regulations of international resource management organizations and Clause 31 of this Circular. International IP address regions, after completing the procedures for acceptance into Vietnam as stipulated, will be considered telecommunications resources and subject to adjustment by telecommunications regulatory legal documents;

c) Allocation and reassignment of IPv4 address regions after recovery or return by agencies, organizations, and enterprises must comply with the regulations and procedures set forth in Article 28 of this Circular.

Article 27. Procedures for Allocation and Issuance of IP Addresses

1. Agencies, organizations, and enterprises requesting allocation and issuance of independent IP addresses shall submit applications to VNNIC.

2. The application for allocation and issuance of IP addresses shall include:

a) "IP Address Registration Form" according to the form prescribed and published by VNNIC at the address www.diachiip.vn;

b) Decision on establishment or business registration certificate (certified copy);

c) Internet service provision license (certified copy, if available).

3. Methods of submitting the dossier:

a) Submitting the application directly at VNNIC's office;

b) Sending the application to VNNIC via postal service;

c) Submitting the application online at the address www.diachiip.vn in cases where digital signatures are used.

4. The decision on allocation and issuance of IP addresses to agencies, organizations, and enterprises shall be issued within a maximum of twenty working days from the date of receipt of complete and valid applications. In case of refusal, VNNIC shall notify in writing and specify the reasons.

Article 28. Re-allocation and Reissuance of IPv4 Address Ranges After Return or Recovery

1. The re-allocation and reissuance of IPv4 address ranges in Vietnam after return or recovery shall not be subject to the provisions set out in point a, Clause 6, Article 26 of this Circular.

2. IPv4 address ranges that remain vacant due to recovery or return from agencies, organizations, and enterprises in Vietnam shall be reallocated and reissued to agencies, organizations, and enterprises genuinely in need of usage according to the following principles:

a) Prioritize those who submitted applications earlier;

b) Not having an IPv4 address for use or already having an address but justifying that at least 80% of the previously allocated and issued IPv4 address ranges have been utilized;

c) Explaining the necessity and immediate usability of the requested IPv4 address range;

d) Agencies, organizations, and enterprises requesting allocation and issuance of addresses must fulfill their obligation to pay fees and charges for IP address usage in Vietnam as stipulated by the Ministry of Finance.

3. Re-allocation and reissuance process:

a) When there are IPv4 address ranges recovered or returned from agencies, organizations, and enterprises, VNNIC shall post information about the address ranges and the time for accepting applications for re-allocation and reissuance on the website www.diachiip.vn;

b) Accepting and processing applications for re-allocation and reissuance of addresses shall comply with the principles set forth in Clause 2 of this Article;

c) VNNIC shall issue decisions on re-allocation and reissuance of addresses and announce the final results of the re-allocation and reissuance period on the website: www.diachiip.vn.

Article 29. Issuance and Usage of Network Numbers

1. Based on the actual usage needs of agencies, organizations, and enterprises. Agencies, organizations, and enterprises that have been allocated and issued IP addresses from VNNIC have the right to request issuance of network numbers.

2. Network identifiers should be used within the IPv4 address space of Vietnam under independent routing policies, connecting to service providers with different routing policies.

3. Agencies, organizations, and enterprises granted network numbers may only use such numbers within their own networks.

4. If unused on the Internet within six months from the date of issuance, network numbers will be reclaimed unless there are legitimate reasons.

5. Agencies, organizations, and enterprises no longer requiring network numbers must submit a return notice to VNNIC. Returned network numbers will be reissued to other agencies, organizations, and enterprises with needs.

6. Direct acquisition of network numbers from international organizations must comply with the regulations of international address resource management organizations and the provisions of Article 31 of this Circular. Network numbers, after completing the procedures for acceptance into Vietnam as prescribed, shall be considered telecommunications resources and subject to regulation by telecommunications regulatory legal documents.

Article 30. Procedure for Issuing Network Numbering

1. Agencies, organizations, and enterprises requesting network numbering shall submit the Network Number Registration Form to VNNIC. The model of the Network Number Registration Form is defined and published by VNNIC at the website www.diachiip.vn.

2. Methods of submitting the application dossier for network numbering:

a) Submitting the application directly at VNNIC's office;

b) Sending the application to VNNIC via postal service;

c) Submitting the application online at the address www.diachiip.vn in cases where digital signatures are used.

3. The time limit for responding with the result or issuing the "Decision on Issuing Network Number" to agencies, organizations, and enterprises shall not exceed five (05) working days from the date of receipt of complete dossiers as prescribed. In case of refusal, VNNIC will notify the agency, organization, or enterprise via email and specify the reasons.

Article 31. Receiving IP Addresses or Network Numbers Directly from International Organizations

When Vietnamese agencies, organizations, and enterprises have the need to receive IP addresses or network numbers directly from international organizations, they must carry out the following:

1. Report the acceptance of IP address regions or network numbers according to the form issued in Appendix 3 of this Circular to include the IP address region or network number in the centralized management list of VNNIC;

2. Pay the maintenance fee for using IP addresses or network numbers in Vietnam in accordance with the regulations of the Ministry of Finance and pay additional fees arising during the process of accepting IP addresses or network numbers as stipulated by international address management organizations.

Article 32. Revocation of IP Addresses and Network Numbers

IP addresses and network numbers shall be revoked in the following cases:

1. In accordance with the written request of the Ministry of Information and Communications for revoking IP addresses and network numbers as provided for in points a and b, Clause 2, Article 50 of the Law on Telecommunications.

2. In accordance with the administrative penalty decision containing the remedial measure of "revoking IP addresses and network numbers," or applying the supplementary penalty form of "confiscation of violation tools" by specialized inspection bodies for information and telecommunications when the use of IP addresses and network numbers violates the regulations on the provision and use of Internet services and information on networks.

3. At the request in writing from public security agencies regarding information security and high-tech crimes when the use of IP addresses and network numbers infringes upon national security and social order and safety as provided by laws on national security;

4. IP addresses and network numbers that violate the provisions set forth in Clause 3, Article 26 and Clause 4, Article 29 of this Circular;

5. Thirty (30) days after the expiration of the usage period of the IP address region or network number, if the agency, organization, or enterprise does not pay the maintenance fee as prescribed.

6. For cases of revoking IP addresses and network numbers as stipulated from Clause 1 to Clause 5 of this Article, VNNIC shall issue a decision to revoke IP addresses and network numbers; notify the relevant agencies, organizations, and enterprises. In cases where the IP address to be revoked belongs to the IP address region provided by an Internet service provider to customers, the Internet service provider shall be responsible for implementing the revocation of the IP address region provided to customers in accordance with VNNIC's decision to revoke the IP address.

Article 33. Rights and Obligations of Agencies, Organizations, and Enterprises Assigned and Issued IP Addresses and Network Numbers

1. Agencies, organizations, and enterprises granted the right to use IP address regions listed in VNNIC’s management list are recognized as VNNIC address members.

2. Address members shall establish routing policies for assigned IP address regions suitable to their network conditions and shall not obstruct the legitimate promotion of routing for IP address regions within VNNIC’s management list.

3. Address members have the responsibility to report and update full information on the use of assigned IP address regions and network numbers regularly or upon request from VNNIC.

4. Address members have the responsibility to verify and immediately handle IP addresses under their management related to illegal activities upon receiving notifications from VNNIC or other organizations and individuals.

5. Only address members with an Internet service provision license may reassign IP addresses to customers or other organizations.

Article 34. Responsibilities of VNNIC in managing IP addresses and network codes

1. Managing and supervising to ensure effective, secure, and compliant registration, maintenance, and use of IP addresses and network codes.

2. Ensuring the security and confidentiality of information of address members as prescribed.

3. Providing timely and comprehensive guidance to address members on the registration and management of IP addresses and network codes in Vietnam.

4. Managing and reporting reverse domain names for all IP address regions under its jurisdiction in accordance with APNIC regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Circular takes effect from January 20, 2015.

Article 36. Implementation Provisions

1. Circular No. 09/2008/TT-BTTTT dated December 24, 2008 of the Ministry of Information and Communications guiding the management and use of Internet resources, and Circular No. 10/2008/TT-BTTTT dated December 24, 2008 of the Ministry of Information and Communications stipulating the resolution of disputes over national domain names ".vn" cease to be enforceable from the date this Circular takes effect.

2. Repeal Article 1 of Circular No. 09/2011/TT-BTTTT dated April 8, 2011 of the Ministry of Information and Communications amending and supplementing certain provisions of Circular No. 09/2008/TT-BTTTT dated December 24, 2008 and Circular No. 12/2008/TT-BTTTT dated December 30, 2008.

3. During implementation, if there are any difficulties, please promptly reflect them to the Ministry of Information and Communications for consideration, supplementation, and amendment./.