Decision No. 38/2014/QD-TTg on Auctioning and Transfer of Usage Rights for Telecommunication Number Blocks and Internet Domain Names

 

 

Pursuant to …;

Article 24regulations on auctioning and transferring the right to use

 telecommunication number blocks, Internet domain names

_____________

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

BASED ON Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on auctioning assets;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

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;

At the proposal of the Minister of Information and Communications,

The Prime Minister issues the Decision stipulating regulations on auctioning and transferring the right to use telecommunication number blocks, Internet domain names.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decision stipulates regulations on auctioning the right to use telecommunication number blocks, Internet domain names; transferring the right to use telecommunication number blocks allocated through auctioning, transferring the right to use Internet domain names.

2. This Decision applies to telecommunications enterprises, telecommunications application service providers permitted to use telecommunication number blocks, organizations and individuals within or outside Vietnam participating in activities in the Internet sector, and organizations and individuals related to the auctioning and transferring the right to use telecommunication number blocks, Internet domain names.

Article 2. Interpretation of Terms

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

1. Minimum requirements are the requirements specified in the Auction Invitation Document for enterprises when participating in auctions, including legal capacity, financial and investment capacity, technical and operational capacity, human resources capacity of the enterprise.

2. Auctioning the right to use telecommunication number blocks is the process of determining enterprises entitled to use telecommunication codes and numbers through evaluating minimum requirements and the highest bid price of enterprises.

3. The winning enterprise in the auction for the right to use telecommunication number blocks is the enterprise that meets the minimum requirements and offers the highest bid price.

4. Auctioning the right to use Internet domain names is the process of determining organizations and individuals entitled to use Internet domain names under the national domain name ".vn" and other Internet domain names under the management of Vietnam through evaluating registration conditions and the highest bid price of organizations and individuals participating in the auction.

5. Organizations and individuals winning the auction for the right to use Internet domain names are those meeting the registration conditions for using Internet domain names as prescribed and offering the highest bid price.

6. The Auction Invitation Document is a set of documents serving an auction for the right to use telecommunication number blocks approved by the Minister of Information and Communications to serve as a basis for enterprises to prepare Auction Documents and participate in the auction.

7. The Auction Document is a set of documents prepared and submitted by enterprises participating in the auction for the right to use telecommunication number blocks to the Auction Committee according to the requirements specified in the Auction Invitation Document.

8. The Commitment Letter is a document in the Auction Document signed and stamped by the legal representative of the enterprise to commit to fulfilling the minimum requirements; committing to comply with the form and level of penalty when failing to fulfill the minimum requirements after being allocated telecommunication codes and numbers.

9. Winning bid money is the amount of money that the winning enterprise must pay to obtain the right to use telecommunication codes and numbers or the amount of money that the winning organization or individual must pay to obtain the right to use Internet domain names. Winning bid money does not include allocation fees, telecommunication code usage fees, Internet domain name maintenance fees.

10. Transferring the right to use telecommunication number blocks is the act of an enterprise transferring all rights to use telecommunication codes and numbers obtained through an auction to another enterprise.

11. Transferring the right to use Internet domain names is the act of organizations and individuals transferring all rights to use Internet domain names under the national domain name ".vn" and other Internet domain names under the management of Vietnam to other organizations and individuals.

Article 3. Principles of Auction

1. The auction shall be conducted on the principles of transparency, continuity, objectivity, honesty, equality, and protection of the legitimate rights and interests of all participating parties. Enterprises, organizations, and individuals participating in the auction must offer prices higher than or at least equal to the starting price of the code, number, block of numbers, or domain name of the Internet determined by the Auction Committee.

2. Each enterprise winning the auction for the right to use telecommunications blocks shall be allocated one or more codes, numbers, or blocks of numbers according to the provisions in the Auction Invitation Document.

3. Each organization or individual winning the auction for the right to use Internet domain names shall be allocated one or more Internet domain names according to the provisions in the Auction Invitation Notice.

Article 4. Auction Committee

1. The members of the Auction Committee include representatives from the Ministry of Information and Communications, the Ministry of Finance, and other relevant agencies and organizations.

2. The Auction Committee has the responsibility to determine the starting price, prepare the Auction Invitation Document, establish the auction rules, submit them to the Minister of Information and Communications for approval, and organize the auction.

3. The Minister of Information and Communications decides on the establishment of the Auction Committee and issues the Rules of Operation of the Auction Committee.

Article 5. Auction Fees and Auction Costs

1. Organizations, enterprises, and individuals participating in the auction must pay auction fees in accordance with the laws on fees and charges.

2. Auction costs include:

a) Costs related to the preparation of the Auction Invitation Document and the electronic information website for auctioning Internet domain names;

b) Costs for the activities of the Auction Committee, including costs for hiring experts or inviting consultants (if any);

c) Other costs related to organizing the auction.

3. Auction costs are taken from the auction fees collected from participating organizations, enterprises, and individuals. In cases where the collected fees are insufficient to cover the costs, they can be taken from the regular operating budget of the Telecommunications Department, Vietnam Internet Center (Ministry of Information and Communications), and paid according to current regulations.

Chapter II

AUCTION OF RIGHTS TO USE

TELECOMMUNICATION BLOCKS AND INTERNET DOMAINS

Section 1

AUCTION OF RIGHTS TO USE TELECOMMUNICATION BLOCKS

Article 6. Telecommunication Codes and Numbers Subject to Auction

1. Telecommunication codes and numbers subject to auction for the right to use are those included in the Telecommunication Number Block Planning Scheme that has been approved by the Ministry of Information and Communications for auction plans.

2. The Ministry of Information and Communications specifies the list of specific telecommunication codes and numbers to be auctioned during each period based on the Telecommunication Number Block Planning Scheme and the actual situation of the telecommunications market.

Article 7. Starting Price

1. The starting price of telecommunication codes, numbers, and blocks of numbers subject to auction is determined according to the following principles:

a) Based on the usage value of the telecommunication codes, numbers, and blocks of numbers at the time of the auction, and the telecommunications number block usage fee required by the laws on fees and charges;

b) Referencing the actual auction prices of similar or equivalent telecommunication codes, numbers, and blocks of numbers that have been auctioned in Vietnam and in countries with comparable developed economies;

c) Referencing international experience in determining the starting price of telecommunication codes, numbers, and blocks of numbers.

2. The Minister of Information and Communications decides on the starting price of telecommunication codes, numbers, and blocks of numbers subject to auction before organizing the auction.

Article 8. Notice Inviting Participation in Auction

1. At least thirty working days before issuing the Auction Invitation Documents, the Auction Committee shall publicize the notice inviting participation in the auction on the electronic information website of the Ministry of Information and Communications, on certain mass media outlets, and send the invitation to participate in the auction to telecommunications enterprises and service application providers permitted to use telecommunications number blocks in accordance with laws on telecommunications.

2. The notice inviting participation in the auction shall include the following main contents:

a) The code, number, and block of telecommunications numbers to be auctioned;

b) Time and place for issuing the auction invitation documents;

c) Time and place for submitting auction participation documents;

d) Other necessary information.

Article 9. Auction Invitation Documents

The auction invitation documents shall include:

1. Documentation introducing the code, number, and block of telecommunications numbers to be auctioned; the duration and conditions for using the code, number, and block of telecommunications numbers; the starting price of the code, number, and block of telecommunications numbers to be auctioned; the deposit amount; the account number for deposit payment; time and place for organizing the opening of the auction documents.

2. Minimum requirements.

3. Sample registration document for participating in the auction.

4. Sample commitment letter.

5. Auction rules.

6. Other necessary documents to serve the auction.

Article 10. Registration for Participation in Auction

1. Enterprises participating in the auction shall submit the auction documents including one original and three certified copies to the Auction Committee.

2. The auction documents shall include:

a) The registration document for participating in the auction;

b) Documentation proving compliance with minimum requirements;

c) Commitment letter;

d) Other documents as required by the auction invitation documents.

Article 11. Evaluation of Auction Documents

1. The Auction Committee shall publicly open the auction documents at the time and place specified in the auction invitation documents and organize the evaluation of the auction documents.

2. Enterprises with complete, valid auction documents that meet the minimum requirements stipulated in the auction invitation documents have the right to bid.

3. The Auction Committee shall notify in writing the time and place for organizing the auction to enterprises having the right to bid, while also informing the reasons for not being able to bid to enterprises that do not meet the provisions of Clause 2 of this Article.

The list of enterprises having the right to bid shall be publicly announced on the electronic information website of the Ministry of Information and Communications.

4. In case only one enterprise or no enterprise has the right to bid, the Auction Committee shall not organize bidding and shall reorganize the auction in accordance with Article 17 of this Decision.

Article 12. Deposit

1. The deposit for the auction of the right to use telecommunications number blocks is specified in the auction invitation documents but shall be at least 1% and not more than 15% of the starting price of the code, number, and block.

Enterprises complying with the provisions of Clause 2 of Article 11 of this Decision wishing to continue participating in bidding must pay the deposit into the account designated by the Ministry of Information and Communications as specified in the auction invitation documents.

2. The winning enterprise shall have the deposit deducted from the auction winning price.

3. The deposit shall be refunded in the following cases:

a) Enterprises not winning the auction shall have their deposit refunded within fifteen working days from the date of announcing the auction results;

b) Enterprises withdrawing from the auction in accordance with Article 14 of this Decision shall have their deposit refunded within fifteen working days from the date the Auction Committee receives the enterprise's withdrawal notification.

4. The deposit shall not be refunded in the following cases:

a) Enterprises withdrawing from the auction without complying with the provisions of Article 14 of this Decision;

b) The highest bidder withdrawing their bid before the end of the auction;

c) Enterprises having their auction results annulled.

Article 13. Bidding Procedure

1. The bidding procedure shall be conducted through multiple rounds of bidding for all codes, numbers, blocks of numbers, or a single round of bidding, or other forms as specified in the Auction Invitation Document.

2. The organization of the bidding process shall be detailed in the auction regulations.

Article 14. Withdrawal from the Auction

1. A business that has submitted a bid after depositing the bid bond and wishes to withdraw from the auction must notify the Auction Committee in writing of its intention not to continue bidding.

2. Such notification by the business shall only be valid if the Auction Committee receives it at least 24 hours before the bidding begins, excluding national holidays and public holidays.

Article 15. Cancellation of Auction Results

The auction results shall be canceled in the following cases:

1. The business violates the auction regulations.

2. There is collusion among the participating parties or businesses in the auction.

3. The winning business does not pay the auction winnings as stipulated in Clause 1, Article 18 of this Decision.

4. The Auction Committee or participating businesses violate current auction regulations.

Article 16. Announcement of Auction Results

Based on the bidding results, the Auction Committee shall report the auction results to the Ministry of Information and Communications for approval and publicly announce the auction results on the Ministry's electronic information website within 15 working days from the end of the auction.

Article 17. Re-auction

1. The Ministry of Information and Communications shall organize a re-auction for all codes, numbers, and blocks of numbers in the following cases:

a) In the first auction, only one or no business submits an auction application or the number of businesses eligible to bid is less than or equal to one.

b) The winning business has had its auction results canceled.

2. The Ministry of Information and Communications shall organize a re-auction for telecommunications codes, numbers, and blocks of numbers that were not awarded to a business in the previous auction.

3. The procedures and formalities for the re-auction shall be conducted as in the initial auction.

Article 18. Collection, Payment, Management, and Use of Auction Winnings

1. The winning business must deposit 50% of the auction winnings (including the bid bond) into the account designated by the Ministry of Information and Communications within 60 working days from the date the Ministry announces the auction results.

2. The remaining amount must be paid according to the following schedule:

a) Deposit 25% of the auction winnings into the account designated by the Ministry of Information and Communications within 12 months from the date the Ministry announces the auction results.

b) Deposit the remaining 25% of the auction winnings into the account designated by the Ministry of Information and Communications within 24 months from the date the Ministry announces the auction results.

3. Revenue from the auction shall be deposited into the state budget. The use of these funds shall be carried out in accordance with the law, prioritizing their use for developing telecommunications infrastructure, universal service provision for telecommunications, broadcasting, and television services as approved by the Prime Minister. The auction winnings do not include allocation fees or telecommunications numbering usage fees.

Article 19. Allocation and Recovery of Auctioned Telecommunication Codes and Numbers

1. The successful bidder shall carry out procedures to request allocation of telecommunication codes and numbers in accordance with the laws on telecommunications and the provisions set forth in the Auction Invitation Document to be allocated the auctioned telecommunication codes and numbers.

2. The successful bidder shall have their telecommunication codes and numbers recovered if they fail to pay the auction price as stipulated in Clause 2, Article 18 of this Decision.

3. A business entity whose telecommunication codes and numbers are recovered pursuant to Clause 2 of this Article shall not be refunded the auction price and the telecommunication number usage fee already paid.

Article 20. Responsibilities of Successful Bidders

The successful bidder shall bear the following responsibilities:

1. To fully pay the auction price according to the prescribed method, time, and location.

2. To implement the contents of the Commitment Letter and pay fines for breach of commitment.

3. To complete the procedures to request allocation of auctioned telecommunication codes and numbers within thirty working days from the date of payment of the auction price as stipulated in Clause 1, Article 18, following the guidance of the Ministry of Information and Communications.

4. To pay the allocation fee and telecommunication number usage fee as prescribed.

5. To comply with the laws on telecommunications.

Section 2

AUCTION OF INTERNET DOMAIN NAME RIGHTS

Article 21. Method of Conducting Auctions

The auction of internet domain name rights shall be conducted by the Auction Committee specified in Article 4 of this Decision and organized through direct or online methods via the electronic information website established by the Ministry of Information and Communications for the auction of internet domain names over the network.

Article 22. Determination of Internet Domain Names for Auction

1. The determination of internet domain names for auction shall be carried out through a survey of the demand for internet domain name usage. Internet domain names with high registration demands will be considered for auction.

2. The Ministry of Information and Communications shall approve the list of internet domain names for auction.

Article 23. Starting Price

1. The starting price for internet domain names subject to auction shall be determined based on the following principles:

a) Based on the number of subjects participating in bidding and the registration fee for internet domain names as prescribed by the Ministry of Finance;

b) Referencing the actual auction prices of similar or equivalent internet domain names that have been auctioned in Vietnam and in economically developed countries similar to Vietnam;

c) Referencing international experience in determining the starting price for internet domain names.

2. The Minister of Information and Communications shall decide on the starting price for internet domain names subject to auction before organizing the auction.

Article 24. Notice Inviting Participation in Auctions

1. At least thirty working days prior to the auction date, the Auction Committee shall issue a notice inviting participation in auctions on the electronic information website of the Ministry of Information and Communications, on certain mass media outlets, and on the electronic information website of the Vietnam Internet Center.

2. The notice inviting participation in the auction shall include the following main contents:

a) List of internet domain names for auction;

b) Auction rules;

c) Date and time of the auction session;

d) Website address for the auction of internet domain names;

đ) Starting price for each internet domain name for auction;

e) Deposit amount and bank account for deposit payment;

g) Other necessary information.

Article 25. Registration to Participate in Auction

Organizations and individuals wishing to participate in the auction for the right to use Internet domain names must register through the electronic information website established by the Ministry of Information and Communications for the online auction of Internet domain names. The registration must clearly specify the auction for the right to use Internet domain names from the list of Internet domain names put up for auction.

Article 26. Deposit Money

1. The deposit money for the auction of the right to use Internet domain names shall be determined by the Auction Committee, with a minimum of 1% and a maximum not exceeding 15% of the starting price of the Internet domain name put up for auction.

2. Organizations and individuals who have deposited the deposit money into the account designated by the Ministry of Information and Communications as stipulated in the announcement inviting participation in the auction at least 15 working days before the start of bidding shall be entitled to participate in the bidding.

3. A list of organizations and individuals entitled to participate in bidding for each Internet domain name on the auction list will be publicly announced on the electronic information website during the entire period of organizing the auction session.

4. The deposit money will be refunded in the following cases:

a) Organizations and individuals who do not win the auction will have their deposit money refunded within a period not exceeding 15 working days from the date of announcing the auction results;

b) Organizations and individuals withdrawing from the auction, having notified their withdrawal in writing at least 24 hours before the bidding time, excluding holidays and public holidays, according to state regulations, will have their deposit money refunded within a period not exceeding 15 working days from the date the Auction Committee receives the written notice of withdrawal from the organization or individual.

5. The deposit money will not be refunded in the following cases:

a) Organizations and individuals withdrawing from the auction do not comply with the provisions of Point b Clause 4 of this Article;

b) Organizations and individuals who bid the highest withdraw their bid before the end of the auction;

c) Organizations and individuals whose auction results are canceled.

Article 27. Bidding Process

1. Bidding shall be conducted through direct or online methods on the electronic information website for the auction of Internet domain names in accordance with specific provisions in the auction rules.

2. During the bidding period, organizations and individuals entitled to participate in bidding may re-register their bid amount, provided that it does not fall below the highest bid made immediately prior to that point.

Article 28. Cancellation of Auction Results

1. The auction results will be canceled in the following cases:

a) The winning organization or individual violates the auction rules;

b) There is collusion between the winning organization or individual and other participants in the auction;

c) The winning organization or individual fails to pay the auction winnings as stipulated in Clause 1 Article 30 or has paid the auction winnings but failed to register the use of the domain name as stipulated in Clause 2 Article 31 of this Decision;

d) The Auction Committee, organizations, or individuals participating in the auction violate current regulations on auctions.

2. The cancellation of the auction results will be announced by the Ministry of Information and Communications on the electronic information website for the auction of Internet domain names, and the Internet domain name put up for auction will be managed according to regulations. Organizations and individuals who violated the auction rules will not be allowed to participate in subsequent auction sessions.

Article 29. Announcing Auction Results

1. Based on the bidding results, the Auction Committee reports the auction results to the Ministry of Information and Communications for approval and publicly announces the auction results on the Ministry's electronic information website and on the electronic information website for auctioning Internet domain names within fifteen working days from the end date of the auction.

2. In cases where the organization or individual's auction result is canceled according to Point c Clause 1 Article 28, the next lowest bidder will be selected as the successful bidder and have the right to use the Internet domain name. If the next lowest bidder does not accept the right to use the domain name, the auction result for that Internet domain name will be canceled, and the domain name will be managed according to regulations.

Article 30. Payment of Successful Bid Amount

1. The successful bidder must pay the full amount of the successful bid minus the deposit into the account designated by the Ministry of Information and Communications within fifteen working days from the date the Ministry of Information and Communications announces the auction results.

2. Revenue from the auction is submitted to the state budget. The use of this amount shall be carried out in accordance with the provisions of the law. Priority shall be given to using this amount to develop telecommunications infrastructure,普及电信服务和广播、电视的普及，按照国务院总理批准的项目计划。\

Article 31. Responsibilities of Successful Bidders

The successful bidder has the following responsibilities:

1. To fully pay the auction price according to the prescribed method, time, and location.

2. To complete the procedures for registering the use of the successfully auctioned Internet domain name according to the guidance of the Ministry of Information and Communications within twenty working days from the announcement of the auction results.

3. To pay the Internet domain name maintenance fee as prescribed.

4. To comply with the legal regulations on the management and use of Internet resources.

Chapter III

TRANSFER OF USE RIGHTS

TELECOMMUNICATION NUMBER POOL, INTERNET DOMAIN NAME

Article 32. Conditions for Transferring Use Rights of Telecommunication Number Pool

In addition to the conditions stipulated in Clause 2 Article 49 of the Telecommunications Law, the transfer of use rights of telecommunication number pools must meet the following conditions:

1. Telecommunication enterprises that obtain telecommunication codes, numbers, and blocks through auctions may transfer the use rights of these codes, numbers, and blocks to other enterprises specified in this Clause after having operated and utilized the telecommunication codes, numbers, and blocks for at least three (03) years from the date of allocation. In special cases where the period is less than three years, written consent from the Ministry of Information and Communications is required.

2. The transferee of the use rights of telecommunication number pools must be telecommunication enterprises or telecommunication service application providers meeting the minimum requirements set forth in the auction that the transferring enterprise participated in.

Article 33. Conditions for Transferring Use Rights of Internet Domain Names

In addition to the conditions stipulated in Clause 2 Article 49 of the Telecommunications Law, the transfer of use rights of the national Vietnam Internet domain name ".vn" and other Internet domain names under the management of Vietnam must meet the following conditions:

1. The following Internet domain names are not allowed to be transferred:

a) Protected priority domain names, including domain names that are the names of Party organizations, state agencies, political-social organizations, and other domain names related to national interests and sovereignty as defined by the Ministry of Information and Communications;

b) Internet domain names currently being processed for violations, in dispute resolution, or temporarily suspended.

2. The organization or individual receiving the transfer of use rights of an Internet domain name must re-register the Internet domain name according to the prescribed procedures.

The procedure for transferring use rights of an Internet domain name is carried out at the registrar managing the domain name according to the regulations of the Ministry of Information and Communications.

3. An Internet domain name undergoing the transfer of use rights cannot be assigned to other organizations or individuals outside the parties involved in the transfer.

4. The parties involved in the transfer bear responsibility if the transfer cannot be completed due to the temporary suspension or revocation of the Internet domain name during the transfer process, in accordance with the regulations on the management and use of Internet resources issued by the Ministry of Information and Communications.

Article 34. Procedures for Transferring Rights to Use Telecommunication Numbers

1. The transferring enterprise and the receiving enterprise shall transfer rights to use telecommunication codes and numbers through public auction by submitting transfer documents directly or via postal service to the Ministry of Information and Communications.

2. The transfer documents shall be compiled into one set, including the following documents:

a) A request for transfer signed and stamped by the legal representative of the transferring enterprise and the receiving enterprise;

b) An agreement between the transferring enterprise and the receiving enterprise ensuring the legitimate rights and interests of organizations and individuals affected by the transfer;

c) Documents proving that the receiving enterprise meets the minimum requirements of the auction participated in by the transferring enterprise; a commitment letter from the receiving enterprise.

3. The Ministry of Information and Communications shall check the completeness and accuracy of the transfer documents, consider and decide on allowing the transfer of rights to use telecommunication codes and numbers within forty-five working days from the date of receipt of complete documents as prescribed, and notify the enterprises in writing about the permission to transfer.

In case of not allowing the transfer of rights to use telecommunication codes and numbers, the Ministry of Information and Communications shall notify the transferring enterprise and the receiving enterprise in writing and specify the reasons for refusal.

4. Upon receipt of the approval document for transferring telecommunication codes and numbers, the enterprise shall implement, pay the transfer tax, and proceed with the procedures to allocate telecommunication codes and numbers according to regulations.

5. Based on the documents confirming the completion of payment of the transfer tax by the enterprise, the Ministry of Information and Communications shall allocate telecommunication codes and numbers to the receiving enterprise in accordance with the laws on telecommunications.

Article 35. Procedures for Transferring Rights to Use Internet Domain Names

1. Transfer Documents:

The transfer documents for rights to use internet domain names shall be compiled into one set, including the following documents:

a) A request for transfer and acceptance of transfer of internet domain names signed and stamped by the legal representative of the organization or signed by the individual who is the subject currently registered to use the transferred internet domain name; signed and stamped by the legal representative of the organization or signed by the individual accepting the transfer;

b) A declaration of information registration for using the internet domain name by the transferee.

2. Procedures for Transferring Rights to Use Internet Domain Names Through Auction:

a) Organizations and individuals transferring and accepting the transfer of rights to use internet domain names shall submit transfer documents as stipulated in Clause 1 of this Article directly or via postal service to the Ministry of Information and Communications;

b) The Ministry of Information and Communications shall check the completeness and accuracy of the transfer documents, consider and decide on allowing the transfer of rights to use internet domain names within fifteen working days from the date of receipt of complete documents as prescribed, and notify the transferor and the transferee in writing about the agreement to allow the transfer; notify in writing along with a copy of the declaration of information registration for using the internet domain name by the transferee to the registrar managing the internet domain name;

In case of not allowing the transfer of rights to use internet domain names, the Ministry of Information and Communications shall notify the organization or individual submitting the transfer request in writing and specify the reasons for refusal.

c) After receiving the approval document from the Ministry of Information and Communications allowing the transfer of internet domain names, the organization or individual shall implement the payment of the transfer tax;

d) After completing the payment of the transfer tax as prescribed, the transferee must complete the re-registration procedures for the internet domain name at the registrar managing the internet domain name according to regulations;

e) The registrar managing the internet domain name shall base on the notification from the Ministry of Information and Communications to carry out the registration procedures for the internet domain name for the transferee, retain the documents, and perform reporting as required by the management authority when necessary.

3. Procedures for Transferring Rights to Use Internet Domain Names Without Auction:

a) Organizations and individuals transferring and accepting the transfer of rights to use internet domain names shall submit transfer documents as stipulated in Clause 1 of this Article directly or via postal service to the registrar managing the internet domain name;

b) The registrar managing the internet domain name shall check the completeness and accuracy of the transfer documents, examine whether the domain name meets the conditions for transferring rights to use internet domain names within five working days from the date of receipt of complete documents as prescribed, and notify the transferor and the transferee in writing about the transfer of the domain name;

In case the internet domain name is not allowed to transfer rights to use, the registrar managing the internet domain name shall notify the organization or individual submitting the transfer request in writing and specify the reasons for refusal.

c) After receiving the approval document from the registrar managing the internet domain name allowing the transfer of the internet domain name, the organization or individual shall implement the payment of the transfer tax;

d) After completing the payment of the transfer tax as prescribed, the transferee must complete the re-registration procedures for the internet domain name at the registrar managing the internet domain name according to regulations;

d) The registrar managing the internet domain name shall carry out the re-registration procedures for the internet domain name for the transferee, retain the documents, and perform reporting as required by the management authority when necessary.

4. The transfer transaction shall be deemed illegal if the parties involved in the transfer process fail to fulfill the obligation to pay the transfer tax as prescribed by law, or do not go through the registrar managing the internet domain name.

Article 36. Responsibilities of the Transferor

The enterprise, organization, or individual transferring the right to use telecommunications number blocks and Internet domain names shall be responsible for the following:

1. Ensuring the legitimate rights and interests of organizations and individuals affected by the transfer.

2. Fulfilling tax obligations related to the transfer of the right to use telecommunications number blocks and Internet domain names as prescribed by law.

3. Paying allocation fees and usage fees for telecommunications number blocks and Internet domain names as prescribed.

4. Adhering to legal provisions on telecommunications.

Article 37. Responsibilities of the Transferee

The enterprise, organization, or individual receiving the transfer of the right to use telecommunications number blocks and Internet domain names shall be responsible for the following:

1. Ensuring the rights and legitimate interests of enterprises, organizations, or individuals affected by the transfer.

2. Fulfilling tax obligations related to the transfer of the right to use telecommunications number blocks and Internet domain names as prescribed by law.

3. Paying allocation fees and usage fees for telecommunications number blocks and Internet domain names as prescribed.

4. Adhering to legal provisions on telecommunications.

Chapter IV

IMPLEMENTATION

Article 38. Handling Violations in Auctions

Organizations and individuals who violate the provisions of this Decision shall be subject to administrative penalties; if damage is caused, they must compensate according to the provisions of the law.

Article 39. Implementation Provisions

1. This Decision takes effect from September 1, 2014.

2. The Minister of Information and Communications shall be responsible for guiding the implementation of this Decision; the Ministry of Finance shall take the lead and coordinate with the Ministry of Information and Communications to develop and submit to competent state authorities for promulgation regulations on taxes related to the transfer of the right to use telecommunications number blocks and Internet domain names.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for enforcing this Decision./.