Decision No. 27/2005/QD-BBCVT Issuing Regulations on Management and Use of Internet Resources

DECISION OF THE MINISTER OF POSTS AND TELECOMMUNICATIONS

Issuing Regulations on Management and Use of Internet Resources

THE MINISTER OF POSTS AND TELECOMMUNICATIONS

Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;

Pursuant to Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services;

On the basis of Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

At the proposal of the Director of the Telecommunications Department,

DECISION:

Article 1. These Regulations on Management and Use of Internet Resources are hereby promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. This Decision replaces Decision No. 92/2003/QĐ-BBCVT dated May 26, 2003 of the Minister of Posts and Telecommunications.

Article 3. The Heads of the Office, Inspectorate, Departments, Bureaus under the Ministry of Posts and Telecommunications; domestic organizations and individuals, and foreign organizations and individuals participating in Internet activities in Vietnam are responsible for implementing this Decision./.

 

REGULATIONS

ON MANAGEMENT AND USE OF INTERNET RESOURCES

(Issued together with Decision No. 27/2005/QĐ-BBCVT dated August 11, 2005

of the Minister of Posts and Telecommunications)

 

PART I

GENERAL PROVISIONS

Article 1. Scope and regulated subjects

These regulations govern the management and use of Internet resources for all organizations and individuals within the country; and foreign organizations and individuals operating in the Internet sector in Vietnam.

Article 2. Internet Resources

1. Internet resources are part of the national information resources that must be managed, exploited, and used for their intended purposes effectively.

2. It is strictly prohibited to use Internet resources for purposes contrary to the Socialist Republic of Vietnam, disrupting national security, economic order, social safety, violating traditional customs and morals of the nation, infringing upon the lawful rights and interests of organizations and individuals, and illegally obstructing the operation of the national domain name system (DNS). Any form of transfer, leasing, or resale of Internet resources is strictly prohibited.

3. Internet resources related to the activities of Party and State agencies must be prioritized for protection and not be infringed upon.

Article 3. Internet Resource Management Authority

The Vietnam Internet Network Information Center (VNNIC), a unit under the Ministry of Posts and Telecommunications, performs functions of managing, supervising, promoting, and supporting the use of Internet resources in Vietnam.

Article 4. Fees and Charges

Organizations, entities, and individuals using Internet resources are responsible for paying fees and charges before the resources go into operation or continue to maintain operations. The Vietnam Internet Network Information Center guides the payment of fees and charges in accordance with the regulations of the Ministry of Finance.

Article 5. Terms

The terms used in these Regulations are understood as follows:

1. Internet resources include systems of names and numbers assigned uniformly across the globe for Internet use. Internet resources include:

a) Domain names (DN);

b) Internet addresses, also known as IP addresses;

c) Network number (ASN);

d) Other numbers and names as prescribed by the Ministry of Posts and Telecommunications.

2. Domain names are names used to identify Internet addresses. Domain names include:

a) Top-level domains.

Top-level domains (TLD) consist of generic top-level domains (gTLD) and country code top-level domains (ccTLD).

Generic top-level domains (gTLD) include the following: .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .NAME; .PRO; .AERO; .MUSEUM; .COOP and other generic top-level domains as prescribed by international organizations authorized over Internet resources.

Country code top-level domains (ccTLD) include domains defined according to the international standard for country codes [ISO3166]. Country code top-level domains change when new countries or territories are added or when countries merge.

b) Second-level, third-level, fourth-level, and fifth-level domains are domains arranged hierarchically below top-level domains.

3. An Internet address is the network address of a device or server including IPv4, IPv6, and future generations of addresses.

4. A network number (ASN) is a number used to identify a computer network participating in common routing activities on the Internet.

5. The domain name system (DNS) is a set of interconnected clusters of servers designed to respond with the corresponding IP address when queried for a domain name.

Chapter II

DOMAIN NAMES

Article 6. Domain Name Structure

1. The .VN domain is the country code top-level domain designated for Internet servers registered in Vietnam.

2. Second-level generic domain names (gSLD) are domain names categorized by field, including the following:

a) COM.VN: For organizations and individuals engaged in commerce.

b) BIZ.VN: For organizations and individuals engaged in business, equivalent to the COM.VN domain.

c) EDU.VN: For organizations and individuals engaged in education and training.

d) GOV.VN: For central and local state agencies.

e) NET.VN: For organizations and individuals engaged in establishing and providing services on networks.

f) ORG.VN: For organizations engaged in political, cultural, and social activities.

g) INT.VN: For international organizations in Vietnam.

h) AC.VN: For organizations and individuals engaged in research activities.

i) PRO.VN: For organizations and individuals engaged in specialized fields.

j) INFO.VN: For organizations engaged in information production, distribution, and supply.

k) HEALTH.VN: For organizations and individuals engaged in pharmaceuticals and healthcare.

l) NAME.VN: For personal names participating in Internet activities.

m) Other domain names as prescribed by the Ministry of Posts and Telecommunications.

3. Administrative area second-level domains are Internet domain names based on the names of provinces and centrally-administered cities. Administrative area second-level domains are written in Vietnamese or without diacritical marks.

Article 7. Vietnamese Domain Names

1. Vietnamese domain names are second-level domains under the .VN country code domain written in Vietnamese or third-level domains under administrative area second-level domains written in Vietnamese.

2. Vietnamese domain names consist of characters specified in the Vietnamese character encoding standard TCVN 6909:2001 and extended characters in the Vietnamese character encoding standard mentioned above, not abbreviated entirely, and meaningful in the Vietnamese language.

3. The Vietnam Internet Network Information Center provides detailed guidance on registering and using Vietnamese domain names.

Article 8. Principles for Domain Name Registration

1. General principles:

a) Encourage widespread use of domain names under the national domain name .VN.

b) Register on the principle of equality, without discrimination. Organizations or individuals who register first will be considered for issuance first.

c) Organizations and individuals registering to use domain names must fully bear responsibility under the law regarding the purpose of use and the accuracy of information provided to the Vietnam Internet Network Information Center and ensure that the registration and use of domain names do not infringe upon the legitimate rights and interests of other organizations or individuals prior to the date of registration.

d) When registering a domain name, full information about the domain name server where it is placed or the target domain it points to must be provided.

e) The establishment of online newspapers and websites based on registered domain names must comply with legal regulations governing press management, publishing, and content management on the Internet.

2. Specific Principles:

a) Domestic or foreign organizations participating in Internet activities may register to use second-level domain names under the national domain name .VN, except for common second-level domain names (gSLD) as specified in Article 6 of this Regulation.

b) Domestic or foreign organizations participating in Internet activities may register to use third-level domain names following second-level domain names under the national domain name .VN.

c) Party and state agencies can only register to use domain names under the national domain name .VN and retain information on servers with IP addresses in Vietnam.

d) Political and social organizations and press and publishing agencies of Vietnam must register to use domain names under the national domain name .VN and may also simultaneously register to use domain names under the highest common top-level domain (gTLD) and the highest country code top-level domain (ccTLD).

e) When issued a second-level domain name under the national domain name .VN, agencies and organizations, if necessary, may only allocate third-level domain names under their second-level domain names to members of their agency or organization for internal use, while they must manage these domain names and temporarily suspend or revoke them when requested by the Ministry of Posts and Telecommunications.

f) When issued a second-level domain name under the national domain name .VN, IXPs, ISPs, ICPs, OSFs may allocate third-level domain names under their second-level domain names for business purposes or for Internet service customers only if selected by VNNIC as a domain name registrar.

g) Agencies and organizations not covered by point 2.c and point 2.d of this Article and individuals may register to use domain names under the highest common top-level domain (gTLD) or the highest country code top-level domain (ccTLD). These organizations and individuals may put such domain names into use only 24 hours after notifying the Vietnam Internet Network Information Center at the website http://www.gtld.info.vn.

Article 9. Domain Name Naming Principles

1. Domain names are chosen by agencies, organizations, or individuals in accordance with current laws and provisions set forth in this Regulation.

2. Registered domain names shall not include phrases that infringe upon national interests or are inconsistent with societal morals, living customs, or national culture.

3. Avoid registering domain names related to place names, famous figures, leaders, intergovernmental organizations, political and social organizations, or common names of economic sectors, product types, or goods. In cases requiring registration, clear grounds must be provided.

4. Registered domain names may contain characters from A to Z; 0 to 9, and Vietnamese characters in the Vietnamese alphabet. These characters are case-insensitive.

5. Registered domain names may contain the character "-", but shall not begin or end with this character.

6. Registered domain names shall not begin with the character "xn--".

7. Registered domain names must contain at least three characters and no more than sixty-three characters.

Article 10. Domain Name Registrar

1. A domain name registrar is an organization providing national domain name registration services designated by the Vietnam Internet Network Information Center based on selection criteria for service development needs and established standards.

2. Organizations will be considered for selection to perform domain name registration services by the Vietnam Internet Network Information Center if they meet the following conditions:

a) They are Vietnamese or foreign organizations with full legal status as stipulated by law.

b) They have financial, technical, and human resources capable of providing national domain name registration services according to the requirements of the Vietnam Internet Network Information Center.

3. Domain name registrars authorized to accept domain name registrations, submit fees and charges, and receive commissions as prescribed, are also responsible for implementing the domain name registrar management regulations issued by the Vietnam Internet Network Information Center.

Article 11. Domain Name Registration Procedures

1. Domain Name Registration Documents:

a) For Vietnamese and foreign agencies and organizations legally operating in Vietnam, the registration documents include:

"Domain Name Registration Form" signed and stamped by the agency or organization applying for registration according to the model prescribed by the Vietnam Internet Network Information Center.

b) For Vietnamese and foreign individuals residing and working in Vietnam, the registration documents include:

- "Domain Name Registration Form" signed by the individual applying for registration according to the model prescribed by the Vietnam Internet Network Information Center.

- Identity card or permanent residence certificate for Vietnamese individuals; passport along with permanent residence permit or temporary residence certificate or temporary residence permit issued by competent state authorities for foreign individuals.

2. Address for Receiving Documents:

a) Direct Registration.

When registering directly, documents should be submitted at Vietnam Internet Network Information Center facilities in Hanoi: 115 Tran Duy Hung, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem, District 1; in Da Nang: 42 Tran Quoc Toan, or at domain name registrars selected by the Vietnam Internet Network Information Center.

b) Online Registration via the Internet.

Register at the website http://www.vnnic.net.vn, original documents of organizations and certified copies of personal documents still need to be sent to the Vietnam Internet Network Information Center.

3. The maximum time limit for responding with results or issuing a "Domain Name Registration Certificate" is four working days from the date of receiving valid documents.

4. Announce the results of issuing the "Domain Name Registration Certificate" on the website http://www.vnnic.net.vn. In case of refusal to issue, the Vietnam Internet Network Information Center will notify in writing and specify the reasons.

5. For organizations and individuals who are foreigners not residing and working in Vietnam: Carry out domain name registration procedures through domain registrars designated by the Vietnam Internet Network Information Center.

Article 12. Change of domain name

1. Changing the entire domain name means registering a new domain name according to the principles set forth in Article 8 of this Regulation. In this case, the old domain name will be revoked.

2. Changing information related to the operation and management of the domain name such as technical parameters, office address, phone number, fax number, email, etc. These changed information must be filled in the "Domain Name Change Form" prescribed by the Vietnam Internet Network Information Center and submitted to the Vietnam Internet Network Information Center within thirty days.

Article 13. Return, suspend, revoke domain name

1. Returning the domain name.

When there is no longer a need to use it, agencies, organizations, and individuals shall submit a written request for returning the domain name to the Vietnam Internet Network Information Center.

2. Suspending the use of the domain name in the following cases:

a) At the written request of competent state authorities or in violation of this Regulation.

b) Exceeding the deadline for paying the domain name maintenance fee as stipulated.

3. Revoking the domain name in the following cases:

a) At the written request of competent state authorities or pursuant to a decision resolving complaints about domain name disputes.

b) Violating prohibitions specified in Article 2 of this Regulation or providing inaccurate information when registering the domain name.

c) The domain name will be revoked thirty days after suspension if the agency, organization, or individual continues to violate.

d) The domain name will be revoked sixty days after issuance of the Domain Name Registration Certificate if it remains inactive without justifiable cause.

4. Notification.

The Vietnam Internet Network Information Center will announce the return, suspension, or revocation of the domain name on the website http://www.vnnic.net.vn and notify in writing the relevant organizations and individuals.

Chapter III

IP ADDRESS AND NETWORK NUMBER

Article 14. Principles for Issuing and Using IP Addresses

1. Organizations and enterprises with the need to establish networks connected to the Internet have the right to apply for IP addresses and network numbers for use and redistribution to customers for their own network purposes. Applications for IP addresses and network numbers from international organizations are only allowed upon written permission from the Ministry of Posts and Telecommunications.

2. IP addresses are fully allocated based on actual usage needs and are valid throughout the territory of Vietnam. Agencies and organizations participating in Internet activities must implement routing and promotion policies for these address regions as directed by the Vietnam Internet Network Information Center; they may not use IP address regions outside the management and allocation scope of the Vietnam Internet Network Information Center and are not permitted to route those addresses on the network except in cases of connection to international gateways; cooperate with the national DNS system in technical and routing policy areas to ensure safe and effective operation of the Vietnamese Internet.

3. Management and issuance 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 for more than six months from the date of issuance, the address will be revoked unless there is a justifiable reason.

4. Additional address regions will only be considered when the utilization rate of existing address regions reaches the threshold set by the Vietnam Internet Network Information Center based on periodic reports on current address usage status.

Article 15. Procedures for Issuing IP Addresses

1. Documents submitted to the Vietnam Internet Network Information Center include:

a) "Application for IP Address" in the form prescribed by the Vietnam Internet Network Information Center.

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

2. Address for Receiving Documents:

The offices of the Vietnam Internet Network Information Center in Hanoi: 115 Tran Duy Hung Street, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem Street, District 1; in Da Nang: 42 Tran Quoc Toan Street.

3. The deadline for responding with results or issuing the "Decision on IP Address Issuance" to agencies, organizations, and enterprises is ten working days from the date of receipt of complete applications. In case of refusal to issue, the Vietnam Internet Network Information Center will notify in writing and specify the reasons.

Article 16. Principles for Issuing and Using Network Numbers (ASN)

1. Based on the actual usage needs of organizations.

2. Using network numbers in the Vietnamese IP address region with independent routing policies, connecting to service providers with different routing policies.

3. Organizations issued network numbers may only use them within their own network.

4. Network numbers will be revoked if unused on the Internet for more than six months without justifiable cause.

Article 17. Procedures for Issuing Network Numbers

1. Documents submitted to the Vietnam Internet Network Information Center include:

a) "Application for Network Number" in the form prescribed by the Vietnam Internet Network Information Center.

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

2. Address for Receiving Documents:

The offices of the Vietnam Internet Network Information Center in Hanoi: 115 Tran Duy Hung Street, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem Street, District 1; in Da Nang: 42 Tran Quoc Toan Street.

3. The deadline for responding with results or issuing the "Decision on Network Number Issuance" to agencies, organizations, and enterprises applying for it is fifteen working days from the date of receipt of complete applications. In case of refusal to issue, the Vietnam Internet Network Information Center will notify in writing and specify the reasons.

Chapter IV

SETTLEMENT OF COMPLAINTS AND VIOLATION HANDLING

Article 18. Complaint Resolution

1. When there are complaints regarding the management and use of Internet resources, the parties involved may submit a written request to the Vietnam Internet Network Information Center for resolution. Upon receiving the written request, the Vietnam Internet Network Information Center has the responsibility to examine and resolve the complaint in accordance with current laws.

2. If the complaint relates to the issuance of a domain name that infringes upon the legitimate rights and interests of other organizations or individuals prior to the registration date, the Vietnam Internet Network Information Center encourages and facilitates the parties involved to negotiate a settlement.

3. In cases where a settlement cannot be reached through negotiation, the Vietnam Internet Network Information Center will resolve the complaint according to the following procedure.

a) The initial complaint period is 90 days, starting from the date when the complainant becomes aware of the decision to issue the domain name registration certificate being complained about. Within 10 days of receiving a valid complaint, the Vietnam Internet Center shall be responsible for handling and resolving the complaint and notifying the complainant in writing. The initial complaint resolution period shall not exceed 45 days from the date of acceptance.

b) Within 30 days of the Vietnam Internet Center Director's decision on the initial complaint resolution, if the parties involved disagree, they have the right to appeal to the Minister of Posts and Telecommunications or file a lawsuit according to the law.

c) Within 10 days of receiving a valid complaint, the Ministry of Posts and Telecommunications shall be responsible for handling and resolving the complaint and notifying the complainant in writing. The complaint resolution period shall not exceed 45 days from the date of acceptance.

d) The Vietnam Internet Center and the Ministry of Posts and Telecommunications may establish a Complaint Resolution Board consisting of experts with at least five years of practical experience in the field of law and knowledge of Internet resources to review and advise on the decision to resolve complaints.

e) The complaint resolution decision of the Minister of Posts and Telecommunications is the final complaint resolution decision as stipulated by the Law on Complaints and Petitions.

Article 19. Handling Violations

Any violation of the "Provisions on Management and Use of Internet Resources" will be subject to penalties under Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of the Internet; Decree No. 142/2004/NĐ-CP dated July 8, 2004 of the Government on administrative penalties for postal, telecommunications, and radio frequency violations; Circular No. 05/2004/TT-BBCVT dated December 16, 2004 of the Ministry of Posts and Telecommunications guiding the implementation of certain provisions on administrative penalty handling and complaints and petitions set forth in Chapter IV of Decree No. 55/2001/NĐ-CP of the Government on management and use of Internet services and other relevant laws.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Implementation clause.

1. The subjects specified in Article 1 are responsible for strictly adhering to the provisions of this Regulation.

2. The Vietnam Internet Center is responsible for:

a) Guiding, inspecting, and ensuring that organizations, individuals participating in Internet activities comply with this Regulation.

b) Issuing forms and guidelines related to the management and use of Internet resources.

c) During the implementation process, if there are any difficulties or feedback, promptly report to the Ministry of Posts and Telecommunications for consideration, supplementation, and amendment./.