Decision No. 848/1997/QĐ-BNV(A11) promulgates regulations on measures and equipment for inspection and control to ensure national security in Internet activities in Vietnam.

Pursuant to …;

Provisions on measures and equipment for inspection and control to ensure national security in Internet activities in Vietnam
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THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

- Based on Decree No. 250/CP dated June 12, 1981 of the Council of Ministers (now the Government) stipulating the tasks, powers, and organization of the Ministry of Interior;

- Based on Decree No. 21/CP dated March 5, 1997 of the Government promulgating the Interim Regulation on management, establishment, and use of the Internet in Vietnam;

- Based on Circular Joint No. 08/TTLT dated May 24, 1997 of the General Post Office, the Ministry of Interior, and the Ministry of Culture and Information guiding the issuance of permits for connection, provision, and use of the Internet in Vietnam;

Pursuant to …;

Article 1- Issued together with this Provision is the "Provisions on Measures and Equipment for Inspection and Control to Ensure National Security in Internet Activities in Vietnam."

Article 2- Functional units of the Ministry of Interior and subjects participating in Internet activities in Vietnam are responsible for implementing this decision.

Article 3- THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

REGULATIONS

ON MEASURES AND EQUIPMENT FOR INSPECTION AND CONTROL TO ENSURE NATIONAL SECURITY IN INTERNET ACTIVITIES IN VIETNAM

(Issued together with Decision No. 848/1997/QĐ-BNV(A11) dated October 23, 1997 of the Minister of the Ministry of Interior)

PART I
GENERAL PROVISIONS

Article 1: Subjects participating in Internet activities in Vietnam as defined in Section 1 Part I of Circular Joint No. 08/TTLT dated May 24, 1997 of the General Post Office, the Ministry of Interior, and the Ministry of Culture and Information have the direct responsibility to ensure national security in Internet activities in Vietnam. Through management measures for Internet activities and inspection and control equipment for information on the Internet, the subjects must ensure that all information transmitted, sent, and received on the Internet complies with the provisions of Article 3 of the "Interim Regulation on Management, Establishment, and Use of the Internet in Vietnam" issued together with Decree No. 21/CP dated March 5, 1997 of the Government.

Article 2: The provisions on measures and equipment for inspection and control to ensure national security in Internet activities in Vietnam apply to all subjects participating in Internet activities in Vietnam.

Article 3: The Ministry of Interior is the agency responsible for guiding and inspecting the implementation by subjects of measures to ensure national security in Internet activities; the General Post Office, the Ministry of Culture and Information, and the subjects are responsible for coordinating and facilitating the performance of these tasks by functional agencies of the Ministry of Interior. Subjects participating in Internet activities in Vietnam are responsible for ensuring information security according to the Interim Regulation issued pursuant to Decree No. 21/CP dated March 5, 1997 of the Government, Circular No. 08/TTLT dated May 24, 1997 of the General Post Office, the Ministry of Interior, and the Ministry of Culture and Information regarding the Internet, and this provision.

PART II
SPECIFIC PROVISIONS

Article 4: Internet Access Service Providers (IAP), Internet Service Providers (ISP), organizations providing dedicated Internet services, and Content Providers (ICP) are responsible for:

1. Providing written guidance to members using their Internet services to comply with the provisions of the "Government's Interim Regulation." Circular Joint No. 08/TTLT dated May 24, 1997 on the Internet in Vietnam; the "State Secrets Protection Ordinance" issued on November 8, 1991 by the State Council, and current regulations on national security protection work in the field of telecommunications and information technology;

2. Implementing measures for propaganda and education to enhance the sense of responsibility and vigilance of Internet service users regarding the protection of state secrets and national security in Internet activities;

3. For Internet Access Service Providers (IAP), Internet Service Providers (ISP), and organizations providing dedicated Internet services, it is necessary to:

3.1. Strictly manage the issuance of subscription contracts and the use of Internet services; promptly provide changes in the list of users and their machine locations to the provincial police department (or central city police department) where their headquarters and changes occur;

3.2. Report in writing to the Ministry of Interior when there are changes in network structure and service type; provide the Ministry of Interior with decompression software registered by users;

3.3. Detect, prevent, and report to the Ministry of Interior about organizations and individuals who have or are attempting to disseminate on the Internet information violating Article 3 of the "Government's Interim Regulation" on the Internet in Vietnam.

Article 5: Internet Access Service Providers (IAP), Internet Service Providers (ISP), and organizations providing dedicated Internet services must:

1. Retain transmitted information within their network scope for at least 30 days;

2. Ensure at their network and server the capability to connect systems serving information security protection of the Ministry of Interior; promptly notify and provide technical parameters and related information about entities infringing upon national security and social order to the Ministry of Interior;

3. Equip inspection and control equipment to ensure national security in Internet activities commensurate with the scale of the designed network and the type of licensed service; meet the conditions to manage information content as stipulated in Article 3 of the "Government's Interim Regulation" on the Internet in Vietnam, specifically:

3.1. Have equipment and software to effectively block access to Internet addresses storing harmful information to national security; and effectively block unauthorized access to their network for destruction or illegal information retrieval;

3.2. Have equipment and software to effectively inspect and control information content for all types of licensed Internet services; and manage the activities of members connecting to their network (for IAPs, ISPs and organizations providing dedicated Internet services; for ISPs, organizations providing dedicated Internet services and users; for organizations providing dedicated Internet services, users).

Article 6: Responsibilities of Internet service users:

1. Must promptly report to the nearest authority when discovering issues concerning national security in Internet activities.

2. Must strictly comply with the State's regulations on providing information on the Internet;

3. Shall not access, exploit, or disseminate information of organizations or individuals on the Internet that violate Article 3 of the "Provisional Regulations of the Government" on the Internet in Vietnam;

4. Shall not organize or participate in seminars on political, economic, cultural, and social issues related to Vietnam on the Internet without authorization; if they wish to organize forums and participate in seminars on the Internet, they must follow the registration procedures prescribed by the State for international conferences;

5. Shall not circulate encrypted information or data on the Internet. In case of necessity, registration and permission from the General Office for Security shall be required;

6. Must accompany registered decompression software when transferring compressed information or data;

7. Shall not store on computers connected to the Internet any information or materials classified as state secrets across all sectors and localities;

PART II
IMPLEMENTING PROVISIONS

Article 7: - The Post总局应与民政部密切合作，根据“政府暂行规定”的第十五条和联合通知第08/TTLT号（1997年5月24日）第二条第二款关于越南互联网的规定，向互联网活动主体发放许可证，并将已获许可在越南开展互联网业务的主体名单提供给民政部。

- The Ministry of Culture and Information shall provide the Ministry of Civil Affairs with a list of Internet Content Providers (ICP);

- Subjects participating in Internet activities in Vietnam shall cooperate with competent agencies of the Ministry of Civil Affairs to ensure information security in Internet operations;

- The Post总局, the Ministry of Culture and Information shall cooperate with the Ministry of Civil Affairs to inspect the implementation of measures to ensure national security in Internet activities and handle violations in this field according to current Vietnamese laws;

Article 8: Subjects participating in Internet activities in Vietnam who violate these provisions may, depending on the nature and extent of the violation, be suspended from operation, subject to administrative penalties, or criminally prosecuted;

Article 9: During the implementation process, if there are any unreasonable aspects or new issues arise, subjects shall report them to competent authorities and the Ministry of Civil Affairs for consideration and resolution.