Decision No. 92/2003/QD-BBCVT Issuing Regulations on Management and Use of Internet Resources.

Pursuant to …; OF THE MINISTER OF POSTS AND TELECOMMUNICATIONS

Issuing Regulations on Management and Use of Internet Resources

_________________________

 

THE MINISTER OF POST AND TELECOMMUNICATIONS

WHEREAS Ordinance on Posts and Telecommunications No. 43/2002/PL-UBTVQH10 dated May 25, 2002 of the Standing Committee of the National Assembly;

WHEREAS Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management of provision and use of Internet services;

WHEREAS Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

At the proposal of the Director of the Telecommunications Department,

Pursuant to …;

Article 1: ISSUES WITH THIS DECISION the "Regulations on Management and Use of Internet Resources".

Article 2: This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3: The Heads of the Office, Inspectorate, Departments, Directorates, heads of units under the Ministry of Posts and Telecommunications; organizations and individuals within the country and foreign organizations and individuals participating in Internet activities in Vietnam shall be responsible for implementing this Decision.

 

REGULATIONS

on management and use of Internet resources
(ISSUED pursuant to Decision No. 92/2003/QĐ-BBCVT dated May 26, 2003 of the Minister of Posts and Telecommunications)

Chapter 1:

GENERAL PROVISIONS

Article 1: Scope and Objects Regulated

These Regulations regulate the management and use of Internet resources for all organizations and individuals within the country; foreign organizations and individuals operating in the field of Internet in Vietnam.

Article 2: Internet Resources.

Internet resources are part of the national information resources, playing an important role in Internet activities and must be managed, exploited, and used for their intended purposes and effectively.

Strictly prohibited is the use of Internet resources for purposes that oppose the Socialist Republic of Vietnam, disrupt security, economy, order, social safety, and violate the customs and traditions of the nation.

Strictly prohibited is the transfer, lease, or resale of Internet resources in any form.

Article 3: Authority Managing Internet Resources.

The Vietnam Network Information Center (VNNIC), a unit under the Ministry of Posts and Telecommunications, performs the function of managing, allocating, supervising, and promoting the use of Internet resources in Vietnam.

Article 4: Terminology.

The terms used in these Regulations are understood as follows:

1. Internet resources include systems of names and numbers used for Internet, uniformly defined on a global scale. Internet resources include:

- Domain names (DN);

- Internet address, also known as IP address (IPv4, IPv6);

- Network number (ASN);

- Other numbers and names prescribed by international organizations authorized over Internet resources.

2. Domain name is a name used to identify Internet addresses.

2.1. Top-level domain name:

2.1.1. Generic top-level domain name (gTLD) includes the following domain names: .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .NAME; .PRO; .AERO; .MUSEUM; .COOP and other generic domain names prescribed by international organizations authorized over Internet resources.

2.1.2. Country-code top-level domain name (ccTLD) includes domain names defined according to international standards on country codes [ISO3166]. Country domain names change when new countries or territories are added or when countries merge. The top-level domain name of Vietnam is the country domain name .VN.

2.2. Under the top-level domain name are second-level, third-level, fourth-level, and fifth-level domain names.

3. Internet address is the network address of devices, servers.

3.1. IPv4 address includes Class A, Class B, and Class C addresses currently in use.

3.2. IPv6 address is the new generation address to be used in the future.

4. Network number (ASN) is a number used to identify a computer network participating in common routing activities on the Internet.

5. Domain Name System (DNS) is a set of clusters of servers connected to each other to respond with the corresponding IP address when queried for a domain name.

Chapter 2:

RIGHTS AND OBLIGATIONS

Article 5: Rights and Obligations of the Vietnam Internet Network Center.

1. Participate officially on behalf of Vietnam in Internet-related activities of international organizations concerning Internet resources. Coordinate and cooperate with international organizations to exploit backup systems for domain name servers (.VN) for the national domain. Register, maintain Internet resources used in Vietnam and develop the use of the national domain .VN.

2. Establish, operate, and maintain a 24/7 continuous system of domain name servers (DNS) for the national domain .VN. Coordinate with lower-level DNS systems to ensure smooth Internet operations in Vietnam and protect domain data.

3. Inspect and monitor the use of IP addresses, network data, and domains assigned to agencies, organizations, and individuals participating in Internet activities. Have the right to request agencies, organizations, and individuals participating in Internet activities to provide relevant information and statistical data related to Internet activities.

4. Ensure the provision of sufficient IP addresses and network identifiers to meet the needs of agencies and organizations.

5. Manage and allocate Internet resources fairly and reasonably. Directly allocate Internet resources except where delegated under this Regulation. Issue relevant forms to facilitate agencies, organizations, and individuals in registering for Internet resource usage, moving towards online registration through the network.

6. Be entitled to collect fees and charges for Internet resources according to the functions, tasks, rights, and responsibilities of the Vietnam Internet Network Center and as prescribed by law.

Article 6: Rights and Obligations of Agencies, Organizations, and Individuals Using Internet Resources.

1. Domestic and foreign agencies, organizations, and individuals participating in Internet activities have the right to register for third-level domain names under second-level domains under the national domain .VN and are responsible for ensuring the safety and security of their equipment and information on the Internet.

2. Agencies, organizations, and enterprises requiring the establishment of networks connected to the Internet have the right to register for IP addresses and network identifiers.

3. Agencies, organizations, and enterprises have the responsibility to return Internet resources to the Vietnam Internet Network Center when they no longer need them.

4. Political system agencies including the Party, State, National Assembly, Vietnam Fatherland Front, and other political organizations may only use domains under the national domain .VN and store information on servers with IP addresses in Vietnam.

5. Online newspapers, in addition to using domains under the national domain .VN, may also register for additional domains under generic top-level domains (gTLDs).

6. Other organizations and individuals have the right to register for domains under the national domain .VN or under generic top-level domains (gTLDs). Organizations and individuals may only use domains under gTLDs after 24 hours from notifying the Vietnam Internet Network Center at the website http://www.gtld.info.vn.

7. Foreign organizations and individuals who do not violate Vietnamese law have the right to apply for domain registration under the national domain .VN through the Vietnam Internet Network Center and must comply with regulations on the management and use of Internet resources in this Regulation.

8. Agencies, organizations, and enterprises have the right:

8.1. To establish procedures for registering domain names within their own domain scope but not contrary to the provisions of this Regulation.

8.2. To manage and allocate sub-domains under their own domain.

8.3. To directly register IP addresses and network identifiers from international organizations only if permitted by the Ministry of Posts and Telecommunications.

8.4. Not to use IP address ranges outside the management and allocation scope of the Vietnam Internet Network Center and not to route those addresses on the network except in cases of international gateway connections.

Chapter 3:

DOMAIN NAMES

Article 7: Top-Level Domain (TLD)

1. The Vietnam domain .VN is the country code top-level domain (ccTLD) according to the common international ISO3166 country code structure, designated for Internet servers registered in Vietnam.

2. The maximum number of domain levels, including the highest level domain .VN, is set at five levels and ensures the uniqueness of the domain within that domain level.

Article 8: Second-Level Domain (SLD)

1. General second-level domains (gSLD) are Internet domains categorized by field, including the following domains:

1.1. COM.VN: For organizations, businesses, and individuals engaged in commerce.

1.2. BIZ.VN: For organizations, businesses, and individuals engaged in business activities, equivalent to COM.VN.

1.3. EDU.VN: For agencies, organizations, and businesses involved in educational and training activities.

1.4. GOV.VN: For agencies and organizations belonging to the central and local state machinery.

1.5. NET.VN: For agencies, organizations, and businesses performing functions related to networks generally.

1.6. ORG.VN: For political and social organizations and agencies, organizations, and businesses involved in political and social activities.

1.7. INT.VN: For international organizations in Vietnam.

1.8. AC.VN: For research organizations and agencies, organizations, and businesses involved in research activities.

1.9. PRO.VN: For organizations and individuals engaged in specialized fields.

1.10. INFO.VN: For organizations providing information sources on economic, political, cultural, and social fields and agencies, organizations, and businesses related to the provision of information sources and personal information.

1.11. HEALTH.VN: For health and pharmaceutical organizations and agencies, organizations, and businesses involved in health and pharmaceutical fields.

1.12. NAME.VN: For individual names participating in Internet activities.

1.13: Other domains specified by the Ministry of Posts and Telecommunications.

2. Administrative boundary-based second-level domains are Internet domains categorized by province and centrally-administered city names, including:

3. Each Internet Exchange Point (IXP), Internet Service Provider (ISP), Internet Service Organization (OSP), or Internet Content Provider (ICP) service provider, and other cases approved by the Ministry of Posts and Telecommunications, has the right to register a second-level domain under the national domain .VN.

Article 9: Principles for Registering Domains

1. General principles

1.1. Encourage widespread use of domains under the national domain .VN. Prioritize domains directly participating in activities and business operations in Vietnam.

1.2. Domains are chosen by organizations and individuals in accordance with current laws, consistent with intellectual property regulations and provisions in this Regulation.

1.3. Registration follows the principle of equality, regardless of whether the registrant is an individual or an organization. Organizations and individuals registering first will be considered for issuance first.

1.4. A domain will only be issued when complete information about the domain name server it is placed on or the domain it points to is provided.

1.5. Organizations and individuals applying to register a domain must clearly explain the relationship between the domain they wish to register and their activities, and are fully responsible for the accuracy of the information provided to the Vietnam Internet Center.

2. Registered domains shall not include terms that infringe upon national interests or are inconsistent with societal morals, lifestyles, or ethnic culture.

3. Avoid registering domains related to place names, historical figures, leaders, or general names of economic sectors, types of goods, products, drug names, intergovernmental organizations, political and social organizations. In cases where registration is necessary, clear grounds must be provided.

Article 10: Domain Name Registration and Usage Procedures.

1. Documents to be submitted to the Vietnam Internet Network Information Center include:

- A domain name registration application form in accordance with the model prescribed by the Vietnam Internet Network Information Center.

- Decision on establishment or business registration certificate or representative office opening permit for agencies, organizations, enterprises; or identity card or permanent residence registration book for individuals; or passport together with permanent resident certificate or temporary residence certificate issued by competent state authorities for foreign individuals residing and working in Vietnam.

2. Address for receiving documents

Vietnam Internet Network Information Center at 115 Tran Duy Hung Street, Cau Giay District, Hanoi City or 27 Nguyen Binh Khiem Street, District 1, Ho Chi Minh City or on the website http://www.vnnic.net.vn in case of online registration.

3. Time limit for responding to results within a maximum of 4 working days on the Vietnam Internet Network Information Center's website from the date of receipt of valid documents. Domain names that may be subject to disputes will be announced on the Vietnam Internet Network Information Center's website at http://www.vnnic.net.vn for 3 working days; if there are no disputes, such domain names will be officially granted.

4. Organizations and individuals registering to use third-level domains under second-level domains according to the names of Internet service providers must directly work with those service providers.

5. Domain names that have been assigned must go into operation within a maximum period of 60 days; beyond this period, the domain name will be revoked unless there is a legitimate reason.

Article 11: Domain Name Retention.

1. Domain names must be declared and retained on a server capable of ensuring information security. The retention of domain names on which server depends on the capability and choice of the registering organization or individual.

2. Information exchange during the use and maintenance of domain names shall be carried out through forms such as sending documents, web interfaces, or emails.

Article 12: Domain Name Changes.

Domain name changes include:

1. Completely changing a domain name involves registering a new domain name according to the procedures stipulated in Article 10 of these Regulations. In this case, the old domain name will be canceled.

2. Changing information related to the operation and management of the domain name such as technical parameters, agency address, phone number, fax number, email, etc. Such changed information must be filled in the "Domain Name Change" declaration form prescribed by the Vietnam Internet Network Information Center and submitted to the Vietnam Internet Network Information Center.

Article 13: Suspension and Revocation of Domain Names.

1. Revocation of domain names in the following cases:

1.1. A domain name will be revoked upon receipt of a lawful written request from the registering agency, organization, or individual.

1.2. Violation of laws as concluded by competent state authorities.

1.3. A domain name will be revoked after 30 days from suspension if the agency, organization, or individual continues to violate the regulations.

2. Suspending the use of the domain name in the following cases:

2.1. Violation of provisions and clauses of these Regulations.

2.2. Exceeding the time limit for paying the domain name maintenance fee as prescribed.

3. Notification.

3.1. The Vietnam Internet Network Information Center will notify suspension or revocation to organizations and individuals using domain names.

3.2. Suspension or revocation will be immediately implemented on the domain name server system and national domain database.

4. Restoration of Domain Names.

Except for cases where domain names are revoked under Clause 1.1 and 1.2 of this Article, all revoked domain names will be retained for a maximum of 30 days to facilitate organizations and individuals in restoring their old domain names when they can use them again.

Chapter 4:

IP ADDRESS

Article 14: Principles for Allocation and Use of IP Addresses.

1. Allocated IP addresses must ensure:

1.1. Uniqueness and registration on the Internet.

1.2. Ease of routing.

1.3. Efficiency and fairness.

2. IP addresses allocated must meet actual usage needs while also considering forecasted information about future network development.

3. All IP addresses used on the Vietnamese Internet must be within the address range planned and allocated to Vietnam by international organizations with authority over Internet resources.

4. The allocated addresses may only be used in Vietnam; if they are not used on the network within six months, they will be reclaimed unless there is a valid reason.

5. IP addresses allocated by the Vietnam Internet Network Information Center have nationwide validity. Agencies, organizations, and individuals participating in Internet activities must implement routing and promotion policies for these address ranges according to the guidance of the Vietnam Internet Network Information Center.

6. New address range allocations will only be considered when the old address range has been utilized over 80%.

Article 15: Registration Procedures for Internet Addresses

1. Documents submitted to the Vietnam Internet Network Information Center include:

- An application form for "Internet Address Registration" as prescribed by the Vietnam Internet Network Information Center.

- A decision on establishment or business registration certificate.

2. Address for receiving documents

The Vietnam Internet Network Information Center at 115 Tran Duy Hung Street, Cau Giay District, Hanoi City or 27 Nguyen Binh Khiem Street, District 1, Ho Chi Minh City or on the website http://www.vnnic.net.vn in the case of online registration.

3. The response time or notification of the allocated address range to the registering agency, organization, or enterprise shall not exceed ten working days from the date of receipt of the complete application.

Chapter 5:

AUTONOMOUS SYSTEM NUMBER (ASN)

Article 16: Principles for Allocation and Use of Autonomous System Numbers (ASN)

1. Allocated ASN must ensure:

1.1. Uniqueness and registration on the Internet.

1.2. Ease of routing.

1.3. Efficiency and fairness.

2. Actual usage needs of organizations.

3. Use of ASN within the Vietnamese IP address range with independent routing policies, connecting to service providers with different routing policies.

4. Organizations allocated an ASN may only use it within their own network.

5. The ASN will be reclaimed if it is not put into use on the Internet within six months.

Article 17: Registration Procedures for Autonomous System Numbers

1. Documents submitted to the Vietnam Internet Network Information Center include:

- An application form for "Autonomous System Number Registration" as prescribed by the Vietnam Internet Network Information Center.

- A decision on establishment or business registration certificate.

2. Address for Receiving Documents:

The Vietnam Internet Network Information Center at 115 Tran Duy Hung Street, Cau Giay District, Hanoi City or 27 Nguyen Binh Kiem Street, District 1, Ho Chi Minh City or on the website http://www.vnnic.net.vn in the case of online registration.

3. The response time or notification of the allocated ASN to the registering agency, organization, or enterprise shall not exceed fifteen working days from the date of receipt of the complete application.

Chapter 6:

FEES AND CHARGES

Article 18: Payment of Fees and Charges

1. All fees and charges as stipulated by the Ministry of Finance must be paid to the Vietnam Internet Network Information Center before Internet resources are allocated and put into operation or continue to be maintained on the network.

2. When a domain name is accepted, related fees must be paid within a maximum period of twenty days; beyond this period, the domain name will be available for other subjects to register. Maintenance fees are payable annually or over multiple years, with the latest payment due twenty days after receiving the payment notice.

3. The Vietnam Internet Network Information Center is responsible for collecting fees and issuing payment notices upon maturity.

4. Agencies, organizations, and individuals using domain names must directly pay the Vietnam Internet Network Information Center. In cases where payment is delegated to another organization, both parties must agree to comply with the fee and charge payment regulations.

Article 19: Basis for Charging Fees and Licenses

1. Each domain name record in the national domain name server shall be counted as one domain for charging fees and licenses.

2. The fee and license levels shall be determined according to the regulations of the Ministry of Finance on charging fees and licenses for Internet resources.

Chapter 7:

SETTLEMENT OF COMPLAINTS AND VIOLATION HANDLING

Article 20: Handling Complaints

1. When there are complaints regarding the management and use of Internet resources, the relevant parties may submit a written request to the Vietnam Internet Center to resolve the matter. Upon receipt of the written request, the Vietnam Internet Center shall have the responsibility to examine and resolve the complaint in accordance with current laws. If the complaint relates to the resolution of domain name disputes between parties, the Vietnam Internet Center shall encourage and facilitate the parties to negotiate and resolve the dispute themselves. In cases where the parties cannot reach an agreement, the Vietnam Internet Center shall make a decision based on current legal provisions.

2. If dissatisfied with the resolution by the Vietnam Internet Center, the relevant parties may request competent authorities to resolve the matter in accordance with the law on complaints.

Article 21: Handling Violations

1. Any violation of the "Provisions on Management and Use of Internet Resources" shall be subject to penalties under Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on the management, provision, and use of the Internet, and other relevant legal provisions.

2. The Vietnam Internet Center shall be responsible for coordinating with the Postal, Telecommunications, and Information Technology Inspectorate in inspecting, supervising, and handling violations related to Internet resources.

Chapter 8:

IMPLEMENTING PROVISIONS

Article 22: Implementation Provisions

1. These provisions shall take effect fifteen days from the date of publication in the Official Gazette, and all previous provisions that conflict with these provisions shall be abolished.

2. The entities specified in Article 1 shall be responsible for implementing these provisions in accordance with their terms.

3. The Vietnam Internet Center shall be responsible for:

3.1. Guiding, inspecting, and reminding agencies, organizations, and individuals participating in Internet activities to comply with these provisions.

3.2. Issuing forms related to the management and use of Internet resources.

3.3. Promptly reflecting any difficulties encountered during implementation to the Ministry of Posts and Telecommunications for review, supplementation, and amendment.