Circular No. 38/2016/TT-BTTTT provides detailed regulations on the provision of public information across borders.

CIRCULAR

DETAILING THE PROVISION OF PUBLIC INFORMATION ACROSS BORDERS

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 management, provision, and use of Internet services and information on networks;

Article 1. Amending and supplementing some articles of Circular No. 19/2016/TT-BTTTT dated June 30, 2016 of the Minister of Information and Communications on forms for registration declaration, application for license, certificate, license, and business report as prescribed in Decree No. 06/2016/NĐ-CP dated January 18, 2016 of the Government on management, provision, and use of radio and television services.

The Minister of Information and Communications issues this Circular detailing the provision of public information across borders.

Article 1. Scope of Regulation and Applicability

1. This Circular details the provision of public information across borders for users in Vietnam or accessed from Vietnam (hereinafter referred to as cross-border public information provision activities).

2. This Circular applies to organizations and individuals within and outside Vietnam related to cross-border public information provision activities.

Article 3. General Provisions

1. Cross-border public information provision is the act of organizations and individuals abroad (hereinafter referred to as foreign organizations and individuals) using electronic information websites, social networks, applications on networks, search services, and similar forms on networks to provide public information that users in Vietnam can access or use the service (including both organizations and individuals).

2. Competent state management agencies of Vietnam have the authority to implement necessary measures to ensure the implementation of policies on the development and management of information on networks as stipulated in Clause 4 and Clause 5, Article 4 of Decree No. 72/2013/NĐ-CP in the following cases:

a) Foreign organizations and individuals providing cross-border public information violate the provisions of Clause 1, Article 5 of Decree No. 72/2013/NĐ-CP;

b) Foreign organizations and individuals do not cooperate with the Ministry of Information and Communications in coordinating and handling violations as stipulated in Clause 1, Article 5 of Decree No. 72/2013/NĐ-CP.

Article 3. Responsibilities of foreign organizations and individuals providing cross-border public information

1. Comply with Vietnamese laws when providing public information to users in Vietnam.

2. In the case where foreign organizations and individuals providing cross-border public information lease digital storage space in Vietnam to provide services or have more than 1 (one) million accesses from users in Vietnam in 1 (one) month, they shall have the following rights and obligations:

a) Notify contact information to the Ministry of Information and Communications as prescribed in Article 4 of this Circular;

b) Cooperate with the Ministry of Information and Communications to handle violations according to the procedures prescribed in Article 5 of this Circular.

Article 4. Information and methods of notification

1. Contact information of foreign organizations and individuals providing cross-border public information includes:

a) Name registered, trading name, country of registration for organizational activities, or name of individual providing services;

b) Main office address of the organization or permanent residence address, nationality of the individual owning the electronic information website and location of the main server system providing services;

c) Points of contact for foreign organizations and individuals and points of contact in Vietnam including: organization or individual name, email address, contact phone number.

2. Organizations and individuals abroad send notifications to the Ministry of Information and Communications through one of the following methods: Direct submission, postal mail, or via the Internet at the email address [email protected].

Article 5. Principles, measures, and coordination mechanisms for handling violations on the network

1. The Ministry of Information and Communications shall determine the information that needs to be removed or blocked from access by users in Vietnam based on the provisions of Clause 1, Article 5 of Decree No. 72/2013/ND-CP.

The Ministry of Information and Communications shall send a written request or notify through electronic means to foreign organizations and individuals about the information that needs to be handled according to Clause 1, Article 5 of Decree No. 72/2013/ND-CP.

After receiving the cooperation request from the Ministry of Information and Communications, within 24 (twenty-four) hours, organizations and individuals providing public information across borders shall identify the violation and take action to handle the information as requested.

If, after the aforementioned period, foreign organizations and individuals fail to process the violation as required and also do not respond, the Ministry of Information and Communications will send a second notification. In case 24 hours after sending the second notification, foreign organizations and individuals still fail to handle the violation as requested and also do not respond, the Ministry of Information and Communications will implement necessary technical measures.

2. When detecting information violating Clause 1, Article 5 of Decree No. 72/2013/ND-CP and threatening the national interests of Vietnam, competent authorities in Vietnam shall immediately implement necessary technical measures to prevent such violation from being provided to users in Vietnam, while requesting the processing of the violation according to the procedure specified in Clause 1, Article 5 of this Circular.

Technical blocking measures can only be lifted after the foreign organizations and individuals have processed the violation as required by the Ministry of Information and Communications.

Article 6. Rights and Obligations of Telecommunications Enterprises and Enterprises Leasing Digital Storage Space in Vietnam

1. Telecommunications enterprises and enterprises leasing digital storage space in Vietnam shall immediately report in writing, by phone, or by email to the Ministry of Information and Communications (Radio, Television, and Electronic Information Administration) at the address [email protected] within three hours from the time of discovering information violating Clause 1, Article 5 of Decree No. 72/2013/ND-CP.

2. Telecommunications enterprises shall be responsible for:

a) Implementing necessary technical measures to enforce the provisions of Article 5 of this Circular upon request of the Ministry of Information and Communications. The completion time shall not exceed three hours from the time of receiving the request;

b) Reporting the number of accesses by Vietnamese users to websites providing public information across borders as required by the Ministry of Information and Communications (Radio, Television, and Electronic Information Administration).

3. Enterprises leasing digital storage space in Vietnam shall be responsible for notifying the Ministry of Information and Communications (Radio, Television, and Electronic Information Administration) periodically every six months on June 15th and December 15th or on an ad hoc basis as required regarding the leasing of storage space to foreign organizations and individuals for providing public information to Vietnamese users.

a) The content of the notification includes: Name of the enterprise leasing space, address and location of equipment, legal entity of the foreign organization or individual leasing space, lease term, quantity of equipment, internet connection capacity;

b) The notification shall be sent via one of the following methods: direct submission, postal service, or email at the address [email protected];

c) Within ten working days, enterprises leasing digital storage space in Vietnam must submit supplementary notifications in case there are changes to the previously reported information as stipulated in point a, Clause 3 of this Article.

Article 7. Rights and obligations of users in Vietnam

When users in Vietnam discover that public information provided by foreign organizations or individuals through cross-border transmission violates Clause 1 of Article 5 of Decree No. 72/2013/NĐ-CP, they have the following rights and obligations:

1. Notify the violation to foreign organizations or individuals.

2. Report the violation to the Ministry of Information and Communications in one of the following forms: direct submission, postal service, or email at the address [email protected].

3. Initiate legal proceedings before competent people's courts in Vietnam if the violation affects the legitimate rights and interests of organizations or individuals according to the laws of the Socialist Republic of Vietnam.

Article 8. Effective Date

1. This Circular takes effect from February 15, 2017.

2. Foreign organizations or individuals providing public information through cross-border transmission to users in Vietnam shall implement this Circular within ninety days from the date it takes effect./.