Decision No. 45/2012/QĐ-TTg On criteria for determining important telecommunications works related to national security

Pursuant to …;

Regarding criteria for determining telecommunication works of significant importance related to national security

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

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

Pursuant to the Ordinance on Protection of Works of Significant Importance Related to National Security dated April 20, 2007;

Pursuant to the Decree No. 126/2008/NĐ-CP dated December 11, 2008 detailing and guiding the implementation of certain provisions of the Ordinance on Protection of Works of Significant Importance Related to National Security;

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

At the proposal of the Minister of Information and Communications;

The Prime Minister promulgates this Decision on criteria for determining telecommunication works of significant importance related to national security,

Article 1. Issuing criteria for determining the list of telecommunication works of significant importance related to national security as follows:

1. Telecommunication works of telecommunication enterprises dominating the market, with network infrastructure of particular importance to the overall operation of the national telecommunication infrastructure, directly affecting economic and social development, ensuring national defense and security; included in the list of enterprises under State control according to Decision No. 55/2011/QĐ-TTg dated October 14, 2011 of the Prime Minister:

a) International long-distance and regional telecommunications transmission systems:

- Telecommunication satellites managed and operated by Vietnam;

- Ground satellite stations for controlling (TT&C), operating telecommunication satellites (NOC);

- Ground satellite stations for receiving, processing distress, safety, maritime search and rescue signals through the satellite system (LUT, LES);

- Shore stations of submarine telecommunication cables connecting internationally, connecting domestic telecommunication networks with each other having a total connection capacity designed from 100 Gbps or more;

- Submarine telecommunication cables connecting internationally with a capacity designed from 30 Gbps or more;

- Submarine telecommunication cables connecting domestic telecommunication networks with each other having a capacity designed from 60 Gbps or more;

- Land-based submarine cable systems connecting internationally with a system capacity designed from 30 Gbps or more;

- Land-based inter-provincial submarine cable systems with end points simultaneously located in Hanoi, Da Nang, Ho Chi Minh City and having a system capacity designed from 100 Gbps or more.

b) Management, control, routing, switching systems for international, long-distance and regional telecommunication at Hanoi, Da Nang, Ho Chi Minh City:

- International switching system (Gateway);

- Long-distance switching system (Toll);

- Regional switching system (Tandem) with a total connection capacity designed from 5 Gbps or more;

- Mobile switching center/ home location register (GMSC/HLR) system with a total connection capacity designed from 10 Gbps or more;

- National telecommunication network management and control center;

- National domain name system server (DNS).

2. Telecommunication works that must be absolutely protected against destruction, intrusion, exploitation of information, control and takeover of command to spread propaganda opposing the overthrow of the regime, causing significant impact on public opinion including National broadcasting and television signal transmission centers directly broadcasting channels serving essential information and propaganda tasks of the Party and State.

3. Telecommunication works serving direct guidance and management of Party and State agencies:

a) Dedicated telecommunication networks ensuring information guidance and management from central Party and State agencies to provinces and centrally governed cities and Ministries, Departments;

b) Dedicated telecommunication networks serving security and defense tasks ensuring communication and command from the Ministry of Defense, Ministry of Public Security to subordinate units.

Article 2. Ministers, Heads of ministerial-level agencies, and agencies under the Government shall, based on legal regulations on protecting works of significant importance related to national security and the criteria for determining the list of works as stipulated in Article 1 of this Decision, be responsible for preparing files and proposing specific lists of works under their management for submission to competent authorities for issuance in accordance with regulations.

Article 3. This Decision takes effect from December 15, 2012.

Article 4. Ministers, Heads of ministerial-level agencies, and agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decision./.