Decree No. 55/2001/NĐ-CP On Management, Provision, and Use of Internet Services

DECREE OF THE GOVERNMENT

On the management, provision, and use of Internet services

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the proposal of the General Director of the Posts and Telecommunications General Department,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. This Decree regulates the management, provision, and use of Internet services in Vietnam. All organizations and individuals within the country; foreign organizations and individuals operating in the field of Internet in Vietnam must comply with this Decree.

2. In cases where international treaties related to the Internet that Vietnam has signed or joined contain provisions different from this Decree, the provisions of the international treaty shall be applied.

Article 2.

1. The Internet is an information system interconnected through the Internet Protocol (IP) and using a unified address system on a global scale to provide various services and applications for users.

2. AT Vietnam, The Internet is an important part of the national information infrastructure, protected under Vietnamese law, and no one may infringe upon it. Ensuring safety and security for systems and information on the Internet is the responsibility of state agencies, all organizations, and individuals.

Article 3. The development of the Internet in Vietnam is carried out according to the following principles:

1. Management capacity must keep pace with development requirements, while also having synchronized measures to prevent actions exploiting the Internet that affect national security and violate moral standards and customs.

2. Developing the Internet with comprehensive high-quality services at reasonable rates to meet the needs of serving industrialization and modernization of the country.

Article 4. Priority should be given to investment capital allocation and financial support mechanisms for providing and using Internet services for research institutions, educational and training organizations, healthcare facilities, software industry development, and Party and State agencies.

Article 5. There should be policies to encourage increasing the dissemination of Vietnamese language information, particularly information about the Party's guidelines and State laws, on the Internet. Creating favorable conditions for organizations and individuals to introduce their products and services through the Internet.

Article 6.

1. Information stored, transmitted, and received on the Internet must comply with corresponding provisions of the Press Law, the Publishing Law, the Ordinance on Protecting State Secrets, and other legal regulations regarding intellectual property rights and Internet information management.

2. Organizations and individuals providing and using Internet services must bear responsibility for the contents of the information they store and transmit on the Internet.

Article 7.

1. State management agencies, units, and enterprises providing Internet services have the responsibility to strengthen propaganda, education, and guidance to Internet service users in the exploitation and use of Internet information in accordance with the law, while preventing prohibited acts stipulated in Article 11 of this Decree.

2. Organizations and individuals using the Internet have the responsibility to comply with Internet laws to exploit and use the Internet effectively and healthily.

Article 8. Confidentiality of personal information on the Internet of organizations and individuals is guaranteed according to the Constitution and laws. Monitoring of information on the Internet must be conducted by competent state authorities in accordance with the law.

Article 9. No one may obstruct the lawful use of Internet services. Enterprises providing Internet services have the right to refuse service provision if organizations or individuals using the service violate Internet laws.

Article 10. Encryption and decryption of information on the Internet must comply with legal regulations concerning cryptographic matters.

Article 11. Strictly prohibit the following acts:

1. Causing disruption, destruction of equipment systems, and hindering the provision and use of Internet services.

2. Stealing and illegally using passwords, encryption keys, and personal information on the Internet of organizations and individuals.

3. Exploiting the Internet to oppose the Socialist Republic of Vietnam; causing disturbances to public security and order; violating morals, customs, and other legal violations.

Chapter II

ESTABLISHING EQUIPMENT SYSTEMS, PROVIDING AND USING INTERNET SERVICES

Article 12. Internet services include Internet access services, Internet connection services, and Internet application services.

1. Internet access service is a service providing users with the ability to access the Internet.

2. Internet connection service is a service providing units and enterprises providing Internet services with the ability to connect with each other and with international Internet.

3. Internet application service is a service using the Internet to provide users with applications or services including postal, telecommunications, information, cultural, commercial, banking, financial, medical, educational, training, technical support and other services on the Internet.

Internet information service is a type of Internet application service including press publication services (radio, television, online newspapers), publication distribution services on the Internet, and services providing various types of electronic news on the Internet.

Article 13. Internet service providers include:

1. Internet Service Providers (ISPs) are enterprises of all economic sectors licensed by the Posts and Telecommunications General Department to provide Internet access services. Internet Service Providers must comply with the provisions of this Decree and regulations on managing Internet access services issued by the Posts and Telecommunications General Department.

2. Internet Exchange Point Providers (IXPs) are state-owned enterprises or joint-stock companies in which the State holds controlling or special shares, licensed by the Posts and Telecommunications General Department to provide Internet connection services. Internet Exchange Point Providers must comply with the provisions of this Decree and regulations on managing Internet connection services issued by the Posts and Telecommunications General Department.

3. Internet Application Service Providers (OSPs) are enterprises using the Internet to provide Internet application services to users. Internet Application Service Providers, in addition to complying with the provisions of this Decree, must also comply with specialized state management regulations.

Article 14. An Internet Content Provider (ICP) is an agency, organization, or enterprise that has been granted an Internet information service provision license by the Ministry of Culture and Information. ICPs must comply with the provisions of this Decree and regulations on newspaper publication, online publication distribution, and electronic news services established by the Ministry of Culture and Information.

Article 15. A private Internet Service Provider (ISP) is an agency, organization, or enterprise that has been granted a private Internet access service provision license by the General Post Office under the following conditions:

1. Not for the purpose of operating an Internet access service business.

2. The users of the Internet service are members of two or more agencies, organizations, or enterprises with similar operational characteristics or work purposes and are linked through operational charters, organizational structure documents, or cooperative activity forms among members.

3. Comply with the provisions of this Decree and regulations on Internet access and connection service management issued by the General Post Office.

Article 16. Foreign-invested enterprises wishing to provide Internet services in Vietnam, in addition to complying with the provisions of this Decree, must also adhere to international treaties to which Vietnam is a party and foreign investment laws in Vietnam.

Article 17. Based on the strategy and planning for Internet development in Vietnam, the General Post Office stipulates procedures and conditions for granting licenses to provide Internet access and connection services; the Ministry of Culture and Information stipulates procedures and conditions for granting licenses to provide Internet information services; relevant ministries and sectors stipulate conditions for providing other Internet application services according to their specialized administrative management areas.

Article 18. After being authorized to provide Internet services in accordance with the law, Internet service providers:

1. Are permitted to establish equipment systems at their premises and public service points to fully provide all Internet services to users in Vietnam and abroad in accordance with the license or business and operational conditions, except for Internet services prohibited or not yet permitted by law. Providing Internet services to users outside Vietnam must comply with Vietnamese law and the law of the country where the service is provided.

2. May lease their equipment systems to other agencies, organizations, or enterprises to provide Internet application and information services, and allow users to lease equipment systems to set up various types of electronic news on the Internet according to Internet service and information management regulations.

3. Have the responsibility to apply and facilitate state management agencies to implement technical and operational measures to ensure security and safety for equipment systems and information on the Internet.

Article 19.

News agencies and publishers with valid operating permits may establish equipment systems at their premises to directly organize the issuance or entrust Internet information service providers to issue newspapers and publications on the Internet.

When issuing newspapers and publications on the Internet, in addition to Internet service management, provision, and usage regulations, news agencies, publishers, and Internet information service providers have the responsibility to comply with legal regulations on press and publication management.

Article 20.

1. An Internet agent is an organization or individual in Vietnam acting on behalf of Internet access service providers and Internet application service providers to offer Internet access and application services to users through agency contracts and receive remuneration.

2. Internet agents have the responsibility to:

a) Provide services to users in accordance with the agreed terms regarding the type, quality, and price of services stipulated in the agency contract signed with the Internet service provider.

b) Implement Internet service management regulations issued by state management agencies.

Article 21.

1. An Internet service user is an organization or individual in Vietnam who uses Internet services through contracts with Internet service providers.

2. The form of the contract can be in writing, orally, or through specific actions as prescribed by law. For Internet service supply and use contracts that must be in writing according to law, they must comply with those requirements. The content of the contract must conform to legal provisions on contracts.

Article 22. Internet service users:

1. Are allowed to use mobile Internet access devices or install equipment systems at locations they have full legal rights to use to connect directly to domestic Internet access service providers via transmission channels or dial-up through telecommunications networks, but not to directly dial international phone numbers to connect to foreign Internet service providers.

2. Can use all Internet application services from domestic and foreign Internet application service providers, except for prohibited or unauthorized services.

3. Can establish various types of electronic news placed on their own equipment systems or those of domestic and foreign Internet service providers to introduce, advertise about their agencies, organizations, individuals, products, and services according to Internet electronic news management regulations and bear legal responsibility for such information.

4. Have the responsibility to protect their passwords, encryption keys, and equipment systems.

5. Shall not resell Internet services.

Article 23. Internet resources include a system of names and numbers used for the Internet, uniformly defined on a global scale. AT Vietnam considers Internet resources as part of national information resources that need to be managed, planned, and utilized effectively.

Article 24. The State has appropriate policies to create conditions for businesses providing access services and Internet connection services to gradually reduce service fees to levels equal to or lower than the regional average, thereby rapidly popularizing the Internet in Vietnam and enhancing the competitiveness of Vietnamese enterprises in international economic integration.

Article 25. Organizations and individuals producing, importing system equipment, providing Internet services, and using Internet resources shall fulfill tax, fee, and charge obligations as prescribed by law. Tax incentives shall be implemented according to current State regulations.

Article 26. To ensure users' rights, Internet service providers have the responsibility to:

1. Register and publish service quality standards in accordance with State regulations on service quality management.

2. Ensure the provision of services to users in compliance with registered and published standards.

3. Report and be subject to inspection and supervision by State management agencies regarding service quality as prescribed.

Article 27. Internet connectivity shall be carried out based on the following principles:

1. Establishing and using telecommunications transmission lines connecting systems of equipment among Internet service provider units must comply with telecommunications regulations.

2. Internet Exchange Point (IXP) service providers may connect with each other and with international Internet.

3. Internet Service Provider (ISP) service providers may connect with each other and with IXPs.

4. Dedicated ISP service providers may connect with ISPs and IXPs but not directly with each other.

5. Internet Application Service Providers (OSP) and Internet Information Service Providers (ICP) may connect with ISPs and IXPs.

6. Internet agents may connect to Internet service providers with whom they have signed agency contracts.

Chapter III

STATE MANAGEMENT OF THE INTERNET

Article 28. The content of State management over the Internet includes:

1. Developing policies, strategies, and plans for Internet development.

2. Formulating and promulgating legal instruments governing management, establishment of equipment systems, provision, and use of Internet services.

3. Managing licensing activities in Internet operations.

4. Managing technical standards and service quality of the Internet.

5. Managing prices and charges for Internet services.

6. Managing science and technology in Internet activities.

7. Managing information on the Internet.

8. Managing security and safety in Internet activities.

9. Managing encryption and decryption of information on the Internet.

10. Managing Internet resources.

11. Inspecting, supervising, resolving disputes, and handling violations in Internet activities.

12. International cooperation in Internet activities.

Article 29.

1. The Government uniformly manages the State's affairs concerning the Internet throughout the country. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial people's committees under direct central jurisdiction implement State management tasks concerning the Internet according to the division of labor stipulated in this Decree. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).2. The Government assigns the General Post Office Corporation the function of coordinating and harmonizing the State management work of ministries, ministerial-level agencies, government-affiliated agencies, provincial people's committees under direct central jurisdiction, and serving as the focal point for international activities related to the Internet.

3. The General Post Office Corporation implements State management over the establishment of equipment systems, provision, and use of Internet access and connection services, including: Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).1. Developing policies, strategies, and plans for Internet development.

Article 30. 2. Issuing and guiding the implementation of regulations on licensing and managing Internet access and connection services.

3. Planning, managing, and allocating Internet resources.

4. Leading and coordinating with the Government Cryptographic Agency in managing the certification system on the Internet.

The Ministry of Science and Technology implements State management over research, application, and development of advanced technologies in Internet activities.

The Ministry of Culture, Sports and Tourism implements State management over information on the Internet, including:

Article 31. 1. Issuing and guiding the implementation of regulations on managing information on the Internet.

Article 32. 2. Issuing and guiding the implementation of regulations on licensing and managing the issuance of press and publications on the Internet; regulations on managing the establishment and provision of various types of electronic news on the Internet.

The Ministry of Public Security implements State management over ensuring security in Internet activities, including:

1. Implementing measures to ensure national security for Internet activities.

Article 33. 2. Building and organizing the implementation of technical measures to manage information security on the Internet in accordance with the law, while ensuring Internet service quality.

The Ministry of Finance is responsible for leading and coordinating with relevant ministries and sectors in building and submitting to the Prime Minister for decision-making on financial support mechanisms for the provision and use of Internet access and connection services for priority groups as specified in Article 4 of this Decree.

The Government Cryptographic Agency implements State management over encryption and decryption of information on the Internet, including:

Article 34. 1. Organizing research to develop national cryptography policies and standards for use on the Internet.

Article 35. 2. Issuing and guiding the implementation of regulations on the provision and use of encryption and decryption of information on the Internet.

Ministries, ministerial-level agencies, and government-affiliated agencies implement State management over Internet application services within their specialized fields of management, including:

1. Issuing and guiding the implementation of regulations on managing the provision and use of Internet application services.

Article 36. 2. Issuing and publishing lists of Internet application services prohibited or not yet permitted to be provided and used on the Internet.

1. Enact and guide the implementation of management regulations for the provision and use of Internet application services.

2. Enact and publish a list of Internet application services that are prohibited or not permitted to be provided and used on the Internet.

Article 37. The People's Committees of provinces and centrally governed cities shall coordinate with ministries, ministerial-level agencies, and government agencies to manage Internet activities within their respective provinces and cities in accordance with the provisions of this Decree.

Chapter IV

COMPLAINTS, INSPECTION, AUDIT AND VIOLATION HANDLING

Article 38. Complaints against administrative decisions and administrative acts regarding Internet activities; reports to state agencies with jurisdiction about violations related to Internet activities shall be carried out in accordance with the Law on Complaints and Reports dated December 2, 1998.

Article 39. Complaints and business-related complaint resolution concerning the provision and use of Internet services shall be conducted in accordance with the regulations of state management agencies regarding Internet as stipulated in Chapter III of this Decree.

Article 40.

1. Based on the content of state management already prescribed in Chapter III of this Decree, state management agencies shall organize and direct inspection and audit activities to correct, prevent, and promptly handle violations in Internet activities.

2. Internet service providers, private Internet access service units, Internet information service units, agents, and Internet service users shall be subject to inspection and audit by competent state agencies in accordance with the law.

Article 41. Acts of violation, forms, and levels of administrative penalties for Internet offenses are specified as follows:

1. Warning or a fine from VND 50,000 to VND 200,000 for failing to report and complete procedures for reissuing an Internet service provision license that has been lost or damaged.

2. A fine from VND 200,000 to VND 1,000,000 for any of the following violations:

a) Using another person's password, encryption key, or personal information to illegally access and use Internet services.

b) Using software tools to access and use Internet services without authorization.

3. A fine from VND 1,000,000 to VND 5,000,000 for any of the following violations:

a) Violating state regulations on standards and quality in the use of Internet services.

b) Violating state regulations on pricing and fees in the use of Internet services.

c) Violating state regulations on Internet resource management in the use of Internet services.

d) Violating state regulations on Internet access and connection management in the use of Internet services.

đ) Violating state regulations on information encryption and decryption on the Internet in the use of Internet services.

e) Violating state regulations on Internet information security and safety in the use of Internet services.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Ceasing or temporarily ceasing to provide Internet services without prior notice to Internet service users, except in cases of force majeure.

b) Altering the content of an Internet service provision license through repair or erasure.

c) Exceeding the validity period of an Internet service provision license.

5. A fine from VND 10,000,000 to VND 20,000,000 for any of the following violations:

a) Violating state regulations on standards and quality of Internet services in the provision of Internet services.

b) Violating state regulations on pricing and fees of Internet services in the provision of Internet services.

c) Violating state regulations on Internet resource management in the provision of Internet services.

d) Violating state regulations on Internet access and connection management in the provision of Internet services.

đ) Violating state regulations on information encryption and decryption on the Internet in the provision of Internet services.

e) Violating state regulations on Internet information security and safety in the provision of Internet services.

g) Using the Internet for the purpose of threatening, harassing, or insulting others' dignity and reputation without reaching the level of criminal prosecution.

h) Posting or exploiting the Internet to disseminate pornographic information or other information contrary to legal provisions on Internet content without reaching the level of criminal prosecution.

i) Stealing passwords, encryption keys, or personal information of organizations or individuals and disseminating them to others for use.

k) Violating regulations on computer operation, exploitation, and use causing disruption, blocking, distortion, or destruction of data on the Internet without reaching the level of criminal prosecution.

6. A fine from VND 20,000,000 to VND 50,000,000 for any of the following violations:

a) Establishing equipment systems and providing Internet services not in accordance with the provisions stated in the license.

b) Creating and intentionally spreading viruses on the Internet without reaching the level of criminal prosecution.

7. A fine from VND 50,000,000 to VND 70,000,000 for establishing equipment systems and providing Internet services without a license.

8. In addition to the main penalties, depending on the nature and severity of the violation, organizations and individuals may also be subject to one or more supplementary penalties or remedial measures as follows:

a) Temporarily suspending or stopping the provision and use of Internet services for violations at point a clause 2, point b clause 2, points at clause 3, points at clause 5, and point b clause 6 Article 41.

b) Revoking the right to use a license for a limited or unlimited period for violations stipulated at point b clause 4 and point a clause 6 Article 41.

c) Seizing items and means used to commit administrative violations for violations stipulated at point b clause 4, point a clause 6, and clause 7 Article 41.

d) Compelling restoration to the original condition before the administrative violation occurred for violations stipulated at point k clause 5, point b clause 6 Article 41.

Article 42. Specialized inspection and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels shall impose administrative penalties on administrative violations in Internet activities according to their state management functions and administrative penalty authority as prescribed in the Administrative Violation Handling Ordinance.

Article 43. Principles for imposing penalties, time limits for imposing penalties, procedures for administrative violations related to the Internet, mitigating circumstances, aggravating circumstances, statute of limitations for imposing penalties, and the period during which it is considered that administrative violations related to the Internet have not been penalized shall be implemented in accordance with the provisions of the Administrative Violation Handling Ordinance.

Article 44. Organizations and individuals causing damage to other organizations and individuals in the provision and use of Internet services must compensate according to the provisions of the law.

Article 45. Acts of exploiting the Internet to oppose the Socialist Republic of Vietnam and disrupt security and public order; other serious violations with signs of criminal offenses will be criminally prosecuted in accordance with the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 46. This Decree takes effect fifteen days from the date of signature and replaces Decree No. 21/CP dated March 5, 1997 of the Government promulgating the Interim Regulations on Management, Establishment, and Use of the Internet in Vietnam. Point c Clause 3 and point c Clause 4 Article 11 of Decree No. 79/CP dated June 19, 1997 of the Government stipulating administrative penalties in the field of state management of postal services, telecommunications, and radio frequency shall be abolished.

Article 47. The Post总局负责，与各部、相当于部的机构和政府机关， Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).各省、直辖市人民委员会指导和监督本决定的实施。

Article 48. Ministers, of provinces and centrally-administered cities are responsible for implementing this Decree./. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.