Decision No. 27/2002/QD-BVHTT Issuing the Regulation on Management and Issuance of Licenses for Providing Information and Establishing Electronic News Pages on the Internet

DECISION

Issuing Regulations on Management and Issuance of Permits for Provision of Information and Establishment of Online News Pages on the Internet

establish an electronic webpage on the Internet

THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree 81/CP dated November 8, 1993 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

Pursuant to Decree 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services;

Pursuant to Decree 31/2001/NĐ-CP dated June 26, 2001 of the Government on administrative penalties in the field of culture and information;

At the proposal of the Director of the Press Department of the Ministry of Culture and Information,

DECISION:

Article 1. These Regulations on Management and Issuance of Permits for Provision of Information and Establishment of Online News Pages on the Internet are hereby issued together with this Decision.

Article 2. The Director of the Press Department, the Inspector General of the Ministry of Culture and Information, the Directors of Provincial Departments of Culture and Information under the Central Government shall be responsible for guiding, inspecting, and implementing these Regulations.

Article 3. These Regulations take effect from the date of signing and replace the Provisions on Issuance of Permits for Provision of Information on the Internet issued together with Decision No. 1110/BC dated May 21, 1997 of the Minister of Culture and Information. All previous provisions contrary to these Regulations are abolished.

REGULATIONS

Management and Issuance of Permits for Provision of Information and Establishment of Online News Pages on the Internet

(Issued together with Decision No.: 27/2002/QĐ-BVHTT dated October 10, 2002)

Chapter 1:

GENERAL PROVISIONS

Article 1The Ministry of Culture and Information of the Socialist Republic of Vietnam (hereinafter referred to as the Ministry of Culture and Information) is the agency responsible for performing state management functions and issuing permits for the provision of information on the Internet (ICP) and establishment of online news pages on the Internet.

Article 2.In these Regulations, the following terms shall be understood as follows:

1. Internet Content Provider (ICP) refers to an agency, organization, or enterprise that has been granted a permit by the Ministry of Culture and Information to provide information on the Internet through Internet Service Providers (ISPs).

2. Online News Page (Website) refers to a type of bulletin conducted over the Internet.

Article 3. 

1. Domestic agencies, organizations, enterprises, foreign agencies, organizations, enterprises, and legal entities with foreign investment operating in Vietnam providing information on the Internet and establishing online news pages on the Internet shall be subject to these Regulations.

2. In cases where international treaties related to the Internet to which Vietnam is a party contain provisions different from these Regulations, the provisions of such treaties shall apply.

Article 4.All information provided by Internet Content Providers and online news pages mentioned in these Regulations must comply with the following requirements:

1. The content of the information must not harm the independence, sovereignty, and territorial integrity of the Socialist Republic of Vietnam; it must not incite the people against the Socialist Republic of Vietnam, nor undermine national solidarity.

2. It must not incite violence, propagate war of aggression causing hatred among ethnic groups and peoples of various countries, nor incite obscenity, immorality, and crime.

3. It must not disclose state secrets, military secrets, security secrets, economic secrets, diplomatic secrets, and other secrets prescribed by the laws of the Socialist Republic of Vietnam.

4. It must not provide information on the Internet or establish online news pages on the Internet without a permit from the Ministry of Culture and Information.

5. It must not provide information contrary to the purpose, scope of information already approved by the Ministry of Culture and Information.

Article 5.Contents that must be displayed on the homepage and main page of Internet Content Providers and online news pages:

1. Name of the Internet Content Provider and online news page.

2. Name of the supervising agency (if applicable).

3. Permit number, date of issuance, and issuing authority.

4. Full name of the person primarily responsible for the Internet Content Provider and online news page.

Chapter 2:

CONDITIONS AND PROCEDURES FOR GRANTING LICENSES

Article 6.Conditions for Issuance of Permits:

1. For domestic agencies, organizations, and enterprises:

- Must have a written approval from the supervising agency.

- The agency applying for the permit must clearly define the type of information to be provided, the content, categories, and frequency of updates.

- Must have a person with sufficient authority to be responsible for the content of the information and possess the necessary skills for managing information.

- Must have adequate technical means to serve the provision of information and a valid domain address on the Internet.

2. For foreign agencies, organizations operating in Vietnam:

- For diplomatic agencies, consular agencies, representative offices of international organizations, intergovernmental organizations, nongovernmental organizations, foreign news agencies, and their heads wishing to provide information on the Internet in Vietnam, written approval from the Ministry of Foreign Affairs of the Socialist Republic of Vietnam (hereinafter referred to as the Ministry of Foreign Affairs) is required.

- For representative offices of foreign economic organizations, cultural organizations, scientific organizations, consulting organizations, foreign companies, and enterprises; foreign-invested economic organizations, companies, and enterprises must meet the conditions for lawful operation in Vietnam and have a formal headquarters in Vietnam.

- Must have a legitimate representative responsible for the content of the information.

- Must clearly define the type of information to be provided on the Internet and its content.

- Must have adequate technical means to serve the provision of information and a valid domain address on the Internet.

Article 7.Application Documents for Permit:

1. For domestic agencies, organizations, and enterprises:

- An application form for the permit as prescribed by the Ministry of Culture and Information.

- A copy of the decision on establishment of the agency, organization, or enterprise certified by a Notary Public or authorized body.

- A written request from the supervising agency.

- A detailed operational plan and schedule for providing information on the Internet (types of information to be provided, content, categories).

- Curriculum vitae of the person primarily responsible for the content and members responsible for providing information, certified by the supervising agency.

2. For foreign agencies, organizations operating in Vietnam.

a) For diplomatic agencies, consular agencies, representative offices of international organizations, intergovernmental organizations, nongovernmental organizations, and foreign news agencies.

- A registration form for obtaining a web site establishment permit according to the model prescribed by the Ministry of Culture - Information (signed by the legal representative or the authorized person responsible for the content).

- A request letter from the Ministry of Foreign Affairs.

- A project plan and detailed schedule for providing information on the Internet (types of information to be provided, content, categories).

b) For economic agencies, cultural organizations, scientific organizations, foreign consulting organizations, foreign companies, foreign enterprises; economic organizations, companies, enterprises with foreign investment capital.

- A registration form for obtaining a web site establishment permit according to the model prescribed by the Ministry of Culture - Information (signed by the legal representative or the authorized person responsible for the content).

- A copy of the Investment License, Representative Office Opening Permit, and other relevant documents related to the activities of the organizations, companies, enterprises applying for permission, certified by the Notary Public of Vietnam.

- A project plan and detailed schedule for providing information on the Internet (types of information to be provided, content, categories).

- Curriculum vitae of the person responsible for the content and members responsible for providing information.

Article 8. Licensing Procedures

All agencies, organizations, and businesses in Vietnam that wish to provide information on the Internet and establish electronic news sites on the Internet in Vietnam must submit an application for permission to the Ministry of Culture - Information (Press Department).

Within thirty days from the date of receipt of a complete application, the Ministry of Culture - Information shall be responsible for examining and processing the issuance of the permit. In case of refusal to issue the permit, the Ministry of Culture - Information shall reply in writing and specify the reasons.

Article 9. The Ministry of Culture - Information (Press Department) directly receives applications for obtaining a permit to provide information on the Internet and establish electronic news sites on the Internet from foreign agencies, organizations, legal entities with foreign elements, and central agencies, organizations, and businesses.

Provincial Departments of Culture - Information under the Central Government shall receive and review applications for obtaining a permit to provide information on the Internet and establish electronic news sites on the Internet from local agencies, organizations, and businesses, and submit a written recommendation to the Ministry of Culture - Information for consideration of issuance.

Chapter 3:

INSPECTION, AUDIT, REWARD, AND VIOLATION HANDLING

Article 10. Inspection and supervision.

The specialized inspection agency for culture - information performs its specialized inspection functions as prescribed by law.

The Press Department of the Ministry of Culture - Information shall be responsible for organizing regular annual inspections or spot checks on the use of permits to provide information on the Internet and the operation of electronic news sites on the Internet, in coordination with relevant agencies.

Article 11. Awards.

Agencies, organizations, and individuals who contribute to detecting violations of the provisions on providing information as stipulated in Decree No. 55/2001/ND-CP and the regulations set forth in this Charter shall be rewarded according to the State's regulations.

Article 12.Handling violations.

The handling of violations of the provisions on providing information on the Internet and operating electronic news sites on the Internet shall be carried out in accordance with the provisions of Decree No. 55/2001/ND-CP dated August 23, 2001 of the Government on the Internet and Decree No. 31/2001/ND-CP dated June 26, 2001 of the Government on administrative penalties in the field of culture - information.

Article 13. Authority to handle violations.

1. The Ministry of Culture - Information decides to revoke the permit for providing information on the Internet and operating electronic news sites on the Internet.

2. The People's Committee of provinces and centrally governed cities shall require the provincial Departments of Culture - Information to handle violations of the provisions on providing information on the Internet as stipulated in Decree No. 55/2001/ND-CP and the regulations set forth in this Charter within their jurisdiction as prescribed in Decree No. 31/2001/ND-CP of the Government on administrative penalties in the field of culture - information.

In cases of particularly serious violations, the Chairman of the People's Committee of provinces and centrally governed cities has the authority to temporarily suspend the provision of information on the Internet and immediately report in writing to the Minister of Culture - Information for consideration and decision.

3. The provincial Departments of Culture - Information under the Central Government are responsible for implementing decisions to handle violations made by the Ministry of Culture - Information and the People's Committees of provinces and centrally governed cities; revoking the permit in cases where agencies and organizations violate the provisions on providing information on the Internet as stipulated in Decree No. 55/2001/ND-CP and the regulations set forth in this Charter.

4. The specialized inspection agency for culture - information has the right to inspect and handle violations of the provisions on providing information on the Internet as stipulated in Decree No. 55/2001/ND-CP and the regulations set forth in this Charter within their jurisdiction as prescribed in Decree No. 31/2001/ND-CP of the Government on administrative penalties in the field of culture - information.