Decree No. 97/2008/ND-CP on Management, Provision, and Use of Internet Services and Electronic Information on the Internet

DECREE

On the management, provision, and use of Internet services and electronic information on the Internet

_____________________________

THE GOVERNMENT

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

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Press Law dated December 28, 1989, and the Law Amending and Supplementing Certain Provisions of the Press Law dated June 12, 1999;

Pursuant to the Publishing Law dated December 14, 2004;

Pursuant to the Posts and Telecommunications Ordinance dated May 25, 2002;

Considering the proposal of the Minister of Information and Communications,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on the management and use of Internet services and electronic information on the Internet in Vietnam.

Article 2. Applicability

1. This Decree applies to organizations and individuals participating in the management, provision, and use of Internet services and electronic information on the Internet in Vietnam.

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 such international treaties shall be applied.

Article 3. Explanation of Terms

The terms used in this Decree are understood as follows:

1. Internet is a global information system using Internet Protocol (IP) and Internet resources to provide various services and applications for users.

2. Internet Resources include domain name systems, Internet addresses, and network identifiers used for the Internet, uniformly defined on a global scale.

3. Internet Equipment System is a collection of electronic, telecommunication, information technology devices, and other auxiliary equipment including both hardware and software established by organizations and individuals participating in Internet activities at a specific location with a defined address and scope, which such organizations and individuals have full rights to use in accordance with the law to directly serve the provision and use of Internet services.

4. Internet Equipment Network is a collection of Internet equipment systems of organizations and enterprises providing Internet services connected to each other through public telecommunications networks or by transmission means leased or built by agencies, organizations, and enterprises.

5. Private Internet Network is an Internet equipment network established and connected to the Internet by agencies, organizations, and enterprises to provide Internet services to members of those agencies and organizations on a non-commercial and non-profit basis.

6. Transmission Means is a set of transmission devices linked together by telecommunication cables, radio waves, optical means, and other electromagnetic means.

7. Local Loop Circuit is a part of the public telecommunications network consisting of subscriber lines and trunk lines connecting the switchboard of a telecommunications enterprise with the end-user terminal equipment.

8. Local Loop Circuit Separation is the use of technical and operational measures to enable telecommunications service providers and fixed-line telephone service providers to use the same local loop circuit to independently provide these two services to users.

9. Internet Service is a type of telecommunications service, including Internet access service, Internet connection service, and value-added Internet application service in telecommunications:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Internet Access Services It provides users with the ability to access the Internet;

b. Internet Connection Services It provides organizations and enterprises providing Internet services with the ability to connect with each other to transfer domestic Internet traffic between them;

c. Value-added Internet Application Service in Telecommunications is a value-added telecommunications service provided to users through the Internet equipment network.

10. Internet Exchange Point (IX) is a network or system of Internet equipment established by an organization or enterprise to transmit domestic Internet traffic between Internet service providers and private Internet networks.

11. Electronic Information on the Internet is information provided, transmitted, collected, processed, stored, and exchanged through the Internet equipment network.

12. Internet Electronic Information Page is an information page or a collection of information pages serving the provision and exchange of information on the Internet environment, including website, personal blog, portal, and similar forms.

13. Comprehensive Internet Electronic Information Page is an Internet electronic information page of an organization or enterprise providing comprehensive information about politics, economy, culture, and society based on reproducing information from official sources of press agencies or from electronic information pages of Party and State agencies.

14. Online social networking service is a service providing a broad community of users with the ability to interact, share, store, and exchange information with each other on the Internet environment, including blog creation service, forum service, online chat service, and similar forms.

Article 4. Policy on Management and Development of the Internet

1. Encourage the application of the Internet in economic, cultural, and social fields to enhance labor productivity; expand commercial activities; support administrative reform, increase social benefits, improve the quality of life for the people, and ensure national security and defense.

2. Promote the application of the Internet in Party and State agencies, schools, hospitals, research institutions, and bring the Internet to rural areas, remote regions, border areas, and islands.

3. Create favorable conditions for organizations and individuals to participate in providing and using Internet services, while strengthening propaganda, education, and guidance on laws related to the Internet. Measures must be taken to prevent actions that exploit the Internet to affect national security, violate morals, customs, and legal provisions, and protect children from negative impacts of the Internet.

4. Develop the Internet with high-quality services at reasonable rates to meet the requirements of serving the country's industrialization and modernization.

5. Encourage increasing the provision of Vietnamese information on the Internet.

6. The national domain name ".vn", Internet addresses, and Internet network numbers managed by Vietnam are part of the national information resources and must be managed, exploited, and used for their intended purposes effectively. Encourage and create conditions for widespread use of the national domain name ".vn" and the next generation of Internet addresses IPv6.

7. Confidentiality of private information on the Internet of organizations and individuals is guaranteed according to the Constitution and laws. Information control on the Internet must be conducted by state agencies with authority in accordance with the law.

8. The Internet in Vietnam is an important component of the national information infrastructure, protected by law, and no one may infringe upon it. Ensuring safety and security for systems and electronic information on the Internet is the responsibility of state agencies, all organizations, and individuals.

Article 5. State Management of the Internet

1. The Ministry of Information and Communications is responsible for implementing state management of the Internet, including:

a. Developing mechanisms, policies, strategies, and planning for Internet development;

b. Submitting to the Government for issuance or issuing within its authority and guiding the implementation of regulatory legal documents regarding service licensing; connection; technical standards and specifications; quality; rates; Internet resources; information security; licensing of online newspapers, publications on the Internet, and regulations managing electronic information on the Internet;

c. Taking the lead and coordinating with relevant ministries, sectors, and provincial People's Committees to manage and enforce laws on Internet service provision and usage; establishment, provision, and use of electronic information on the Internet, including licensing, registration, reporting, statistics, inspection, examination, handling violations, resolving complaints and denunciations within its authority;

d. Participating in international cooperation activities related to the Internet.

2. The Ministry of Public Security is responsible for ensuring information security in the field of the Internet, including:

a. Submitting to the Government for issuance or issuing within its authority and guiding the implementation of regulatory legal documents regarding information security in Internet activities;

b. Taking the lead and coordinating with the Ministry of Information and Communications, relevant ministries, sectors, local authorities, and telecommunications and Internet enterprises to organize the implementation of technical and operational measures to ensure national security and prevent crimes in Internet activities;

c. Inspecting, examining, and handling violations of legal provisions on ensuring information security in the field of the Internet within its authority;

d. Participating in international cooperation activities in ensuring information security in the field of the Internet.

3. The Ministry of Planning and Investment and the Ministry of Finance cooperate with the Ministry of Information and Communications to develop mechanisms and policies on investment and finance to promote the use of the Internet in Party and State agencies, schools, hospitals, research institutions, and bringing the Internet to rural areas, remote regions, border areas, and islands. The Ministry of Finance submits to the Government for issuance or issuing within its authority and guiding the implementation of regulations on fees and charges related to Internet resources.

4. The Ministry of Home Affairs implements state management over civilian cryptography for information requiring confidentiality in commercial and civil activities on the Internet.

5. Relevant ministries and sectors coordinate with the Ministry of Information and Communications to submit to the Government for issuance or issuing within their authority and guiding the implementation of regulations; implementing management over the provision and use of specialized application services on the Internet within their respective areas of state management.

6. Provincial People's Committees within their powers and responsibilities implement state management of the Internet at the local level in accordance with the provisions of this Decree.

Article 6. Prohibited Acts

1. Exploiting the Internet for the purpose of:

a. Opposing the Socialist Republic of Vietnam; harming national security, public order, and social safety; undermining the great unity of the people; promoting war of aggression; inciting hatred, conflicts among ethnic groups, races, religions; promoting violence, obscenity, immorality, crime, social evils, superstition; destroying the customs and traditions of the nation.

b. Disclosing state secrets, military secrets, security, economic, diplomatic secrets, and other secrets prescribed by law;

c. Publishing false, defamatory, and insulting information about the reputation of organizations; the honor and dignity of citizens;

d. Using the Internet to advertise, promote, sell goods and services prohibited by law.

2. Causing disruption and destruction of equipment systems and illegally obstructing the management, provision, and use of Internet services and electronic information on the Internet.

3. Stealing and using passwords, encryption keys, and private information of organizations and individuals on the Internet without authorization.

4. Creating and installing computer virus programs and harmful software to carry out any of the acts prescribed in Article 71 of the Law on Information Technology.

Chapter II

PARTICIPANTS IN THE PROVISION AND USE OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET

Article 7. Internet Service Providers

1. An Internet Service Provider (ISP) is a business entity of any economic component established under Vietnamese law to provide Internet services to the public.

2. Internet Service Providers have the following rights and obligations:

a. To establish Internet equipment systems at their premises and at public service points of the business in accordance with the provisions of the license to provide Internet services;

b. To lease telecommunications transmission lines from infrastructure network providers that have been licensed to set up the business's Internet device network, directly connect to international Internet, and provide services to agents and Internet service users;

c. To use Internet resources according to planning and regulations on Internet resource management;

d. To fully comply with state regulations on price control and service quality standards for Internet services;

đ. To deploy technical and operational equipment and plans to ensure information security and safety in accordance with the guidance of authorized state agencies;

e. To provide public Internet service points. Public Internet service points of the business must comply with regulations applicable to Internet agents, except for the requirement to register for business and sign agency contracts;

g. To conclude contracts for the provision and use of Internet services with service users and sign Internet agency contracts with organizations and individuals. In cases where the contract is executed in writing, based on the provisions of the law on contracts and on the Internet, the Internet service provider has the responsibility to develop and issue model contracts for uniform implementation throughout the business;

h. To refuse to provide services in the following cases: Internet service users violate Internet laws as concluded in a written report by an authorized state agency, fail to fulfill payment obligations for service fees with another service provider if there is a written agreement between service providers regarding this matter;

i. To temporarily suspend or cease providing services in the following cases: Internet access terminal devices cause security risks to the Internet equipment system, to the service provider, and to Internet service users; Internet service users fail to pay service fees as agreed between both parties; Internet service users illegally resell Internet services; upon a written request from an authorized state agency when Internet service users violate Article 6 of this Decree;

k. To notify the Ministry of Information and Communications and the Ministry of Public Security in writing or through the internet environment ten working days before officially starting to provide services, according to addresses specified by the Ministry of Information and Communications;

l. To provide comprehensive information related to the provision and use of services to users; to resolve complaints from users regarding service fees and service quality;

m. To guide, provide information, inspect, and supervise the performance of agency contracts;

n. To implement reporting systems and be subject to inspection and supervision by authorized state management agencies as prescribed;

o. To perform emergency tasks mobilized by the State and other public welfare tasks.

Article 8. Independent Internet Initiative

1. The owner of an independent Internet network is an agency, organization, or enterprise operating in Vietnam that establishes an independent Internet network in accordance with regulations. Members of the network are members of the agency, organization, or enterprise establishing the network. Membership status is determined according to the operational charter, organizational structure documents, or other relevant legal provisions of the agency, organization, or enterprise.

2. The owner of an independent Internet network has the following rights and obligations:

a. Establishing Internet equipment systems at locations where they have the right to use according to the law to provide Internet services to network members.

b. Renting or constructing telecommunications transmission lines to establish an independent Internet network and directly connect to international Internet.

c. To use Internet resources according to planning and regulations on Internet resource management;

d. Temporarily suspending or ceasing to provide Internet access services if a network member violates Article 6 of this Decree or upon request from a competent state authority.

đ. Implementing regulations on licensing, connection, standards, quality, tariff rates, information security, and Internet resources.

e. Implementing reporting systems and being subject to inspection and supervision by competent state authorities as prescribed.

g. Fulfilling tasks mobilized by the State in emergency situations and other public welfare tasks.

Article 9. Internet Agents

1. An Internet agent is an organization or individual in Vietnam acting on behalf of an Internet service provider to provide Internet access services and Internet application services in telecommunications to users through an agency contract and receives remuneration.

2. Organizations and individuals who are owners of hotels, restaurants, offices, airports, bus stations, etc., when providing Internet services to users without charging service fees within these locations must sign an agency contract with the Internet service provider and fully comply with agency regulations, except for those related to user service fee rates.

3. Internet agents have the following rights and obligations:

a. Establishing Internet equipment systems at locations where they have full legal rights to use to provide Internet access services and telecommunications Internet application services to users at those locations, either charging or not charging service fees, in accordance with the agency contract agreements.

b. Implementing regulations on providing and reselling Internet services as prescribed by law.

c. Refusing to provide services to users who violate Article 6 of this Decree or upon request from a competent state management authority.

d. Adhering to regulations on ensuring information security.

đ. Requesting the Internet service provider to guide and provide information to fulfill the contract, while being subject to inspection and supervision by the company that signed the agency contract with them.

e. Operating hours must comply with local government regulations.

g. Being subject to inspection and supervision by competent state authorities.

Article 10. Network Infrastructure Providers

1. A network infrastructure provider is a telecommunications enterprise licensed to establish networks and provide telecommunications services according to the law.

2. In the provision and use of Internet services, network infrastructure providers have the obligation:

a. To provide telecommunications transmission lines and sufficient loopback trunk splitting promptly when requested by Internet service providers based on contracts between the parties, under fair and reasonable conditions, to ensure timely deployment of Internet services, particularly broadband Internet services.

b. Not to discriminate between their own Internet service provider subsidiaries and other Internet service providers when implementing the provisions of point a, Clause 2 of this Article.

c. Cooperating with state management agencies and Internet service providers in ensuring information security and investigating and preventing illegal activities in Internet operations.

Article 11. Online Social Network Service Providers

1. An online social network service provider is a business entity of any economic sector established under Vietnamese law to provide online social network services to the public.

2. An online social network service provider shall be responsible for:

a. Establishing regulations on providing, using, and exchanging information in accordance with the provisions on managing electronic information on the Internet as stipulated in this Decree;

b. Providing relevant information about users who violate the provisions of Article 6 of this Decree upon request from competent state management agencies;

c. Implementing measures to block and remove information contents that violate the provisions of Article 6 of this Decree when discovered or upon request from competent state management agencies;

d. Adhering to reporting systems and being subject to inspection and supervision by competent state management agencies as prescribed.

Article 12. Internet Service Users

1. An internet service user is an organization or individual that enters into a contract with an internet service provider or an internet agent to use internet services.

2. An internet service user shall have the following rights and obligations:

a. To use all internet services except those prohibited by law.

b. To fully comply with the terms of the contract entered into with the internet service provider or internet agent.

c. To bear responsibility for the information content they post, store, or transmit over the Internet according to the law.

d. To protect passwords, encryption keys, personal information, and their own system devices, and to abide by laws regarding information security and safety.

đ. Not to provide services to the public and resell internet services.

Chapter III

MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES

Article 13. Licensing for Internet Service Provision

1. Businesses must obtain a license for internet service provision issued by the Ministry of Information and Communications to provide internet services to the public.

2. The principles, conditions, procedures for issuing, amending, supplementing, extending, and revoking the license mentioned in Clause 1 of this Article shall be implemented in accordance with the provisions of Articles 36, 40, and 41 of Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications concerning telecommunications.

Article 14. Licensing for Establishing Private Internet Networks

1. Private internet networks must have a license for establishment issued by the Ministry of Information and Communications:

a. Private internet networks where members of the network are independent legal entities operating legally in Vietnam, sharing similar activities or purposes of work, and linked together through operational charters or organizational structure documents or forms of association and joint operations among members;

b. Private internet networks with self-built transmission lines.

2. In addition to private internet networks specified in Clause 1 of this Article, other private internet networks do not need to have a license for establishment but must comply with legal provisions on connection, standards, quality, tariff rates, internet resources, and information security and safety.

3. The principles, conditions, procedures for issuing, amending, supplementing, extending, and revoking licenses for establishing private internet networks shall be implemented in accordance with the provisions of Articles 36, 44, and 45 of Decree No. 160/2004/NĐ-CP dated September 3, 2004 of the Government detailing the implementation of certain provisions of the Ordinance on Posts and Telecommunications concerning telecommunications.

Article 15. Conditions for operating Internet agency services

1. Having a location and premises that meet fire prevention and firefighting regulations and standards; environmental hygiene to ensure safety and health for service users.

2. Registering business operations in accordance with the laws on enterprises.

3. Signing an Internet agency contract with an Internet service provider after completing the business registration procedures as stipulated in Clause 2 of this Article.

4. Possessing an Internet equipment system that meets the requirements for ensuring information security and safety as prescribed.

5. Displaying rules for using Internet services at the Internet agency business location. These rules must clearly and fully record prohibitions as provided in Article 6 of this Decree; rights and obligations of Internet service users as provided in Article 12 of this Decree.

Article 16. Connection

1. Internet service providers may lease transmission lines from infrastructure network providers to connect directly to international networks; connect directly with each other; connect to Internet transit stations.

2. Private Internet networks constructed or leasing transmission lines from infrastructure network providers may connect directly to international networks; connect with Internet service providers; connect to Internet transit stations. Private Internet networks shall not connect directly with each other.

3. Establishing a national Internet transit station (VNIX) operating on a non-profit basis to transfer domestic Internet traffic nationwide. Internet service providers who are also infrastructure network providers have the responsibility to establish transmission lines connecting to the national Internet transit station.

The Ministry of Information and Communications will specify the operation of VNIX and issue mechanisms and policies to facilitate Internet service providers connecting directly with each other, with VNIX, and with Internet transit stations of other providers.

Article 17. Internet Resources

1. All organizations and individuals have the right to register and use the Vietnamese national domain name ".vn" and international domain names.

2. Registration and use of the Vietnamese national domain name ".vn" shall be carried out through ".vn" domain registrars according to the following principles:

a. Equality, without discrimination;

b. Prior registration grants prior use rights;

c. Compliance with regulations on protecting the Vietnamese national domain name ".vn" as provided in Article 68 of the Law on Information Technology;

d. Official websites of Party and State agencies must use the Vietnamese national domain name ".vn" and store on servers with IP addresses in Vietnam.

3. Registration of international domain names shall be conducted directly with international domain name providers abroad or through international domain name registrars acting as agents for international domain name providers abroad. Organizations and individuals registering international domain names must report to the Ministry of Information and Communications as stipulated in Article 23 of the Law on Information Technology.

4. ".vn" domain registrars shall conduct domain registration activities based on contracts signed with the Vietnam Internet Network Center and regulations on managing and using Internet resources. International domain name registrars acting as agents for international domain name providers abroad shall carry out registration activities and report as prescribed by the Ministry of Information and Communications.

5. Dispute resolution procedures regarding the use of the Vietnamese national domain name ".vn" shall be implemented according to the provisions of Article 76 of the Law on Information Technology and other relevant legal provisions.

6. Internet service providers and private Internet networks have the right to apply for Internet addresses and network codes from the Vietnam Internet Network Center for their own use or allocation and reissue to their users. Direct applications for Internet addresses and network codes from international organizations must be approved in writing by the Ministry of Information and Communications.

7. Organizations and individuals are responsible for paying fees and charges for using Internet resources as prescribed by law.

Article 18. Quality Standards and Tariff for Internet Services

1. Internet service providers shall be responsible for implementing the following regulations on service quality management:

a. Announcing service quality in accordance with the provisions;

b. Regularly self-inspecting, monitoring, and ensuring the provision of services to users at the prescribed quality level or the announced quality level;

c. Reporting and being subject to inspection and examination of state management agencies regarding service quality in accordance with the provisions;

2. Internet service providers shall be responsible for implementing the following regulations on tariff management:

a. Accounting separately for Internet services and determining the cost of Internet services in accordance with the provisions;

b. Deciding, registering, announcing, and reporting tariffs in accordance with the provisions;

c. Posting and collecting charges from users in accordance with the announced tariff levels; settling charges with other businesses based on signed contracts;

d. Being subject to inspection and examination of tariffs by authorized state agencies in accordance with the provisions.

Chapter IV

MANAGEMENT, PROVISION AND USE OF ELECTRONIC INFORMATION ON THE INTERNET

Article 19. Principles for Management, Provision and Use of Electronic Information

1. Establishing electronic information pages, providing, transmitting, storing, and using electronic information on the Internet must comply with laws on information technology, intellectual property rights, press, publishing, state secrets protection, copyright, advertising, and regulations on managing electronic information on the Internet.

2. Press agencies that have been granted licenses for online newspaper operations in accordance with the law on press may establish electronic information pages for press activities.

3. Organizations and enterprises establishing comprehensive electronic information pages must obtain a license from the Ministry of Information and Communications.

4. Enterprises establishing electronic information pages to provide online social networking services must register with the Ministry of Information and Communications.

5. Organizations and enterprises establishing electronic information pages and using the Internet to provide specialized application services on the Internet must comply with the relevant laws and regulations stipulated in this Decree.

6. Organizations, enterprises, and individuals establishing electronic information pages not falling under the categories specified in Clauses 2, 3, 4, and 5 of this Article do not need a license or registration but must comply with the provisions of this Decree and regulations on managing electronic information on the Internet.

Article 20. Issuing Online Newspapers and Publishing on the Internet

1. Conditions, procedures, and formalities for issuing licenses for online newspaper operations shall be carried out in accordance with the law on press.

2. Publishing on the Internet shall be conducted in accordance with Article 25 of the Law on Publishing.

3. Press agencies and publishers with licenses for online newspaper operations and Internet publishing, as stipulated, may set up Internet equipment systems at their premises to directly carry out or entrust Internet service providers to perform online newspaper issuance and Internet publication.

Article 21. Issuance of Permission to Establish an Online Information Portal

1. Conditions for Issuance

a. Being an organization or enterprise established and operating in accordance with the provisions of the law in Vietnam;

b. Having sufficient technical means, personnel, and management programs to serve the establishment, provision, and management of information in line with the scale of operation;

c. A commitment from the head of the organization or enterprise to fully bear responsibility for the content of the online information portal and comply with the regulations stipulated in this Decree and other regulations on managing electronic information on the Internet.

2. Application Documents

The application documents shall be prepared in two sets, each set including:

a. An application form requesting permission to establish an online information portal, containing a commitment to comply with the regulations stipulated in this Decree and other regulations on managing electronic information on the Internet;

b. Business registration certificate, investment certificate, or establishment decision;

c. Curriculum vitae of the head of the organization or enterprise;

d. Proposal for establishing an online information portal, including the following main contents:

- Purpose of providing information; content of information; sections; legitimate sources of information; procedures for processing information, personnel, sample front page and main section pages;

- Types of services used to provide or exchange information (website, forum, blog...);

- Technical and operational measures to ensure the provision and management of information;

- Intended domain name.

3. Timeframe and Processing Procedure for Application Documents

Within fifteen working days from the date of receipt of valid application documents as stipulated in Clause 2 of this Article, the Ministry of Information and Communications will review the application documents. In cases where the organization or enterprise meets all conditions as prescribed in Clause 1 of this Article, the Ministry of Information and Communications will issue the permission. In case of refusal, the Ministry of Information and Communications will notify in writing and specify the reasons.

4. Supplementing, Amending, and Reissuing the Permit

a. When there is a need to change the provisions in the permit regarding the content of information, responsible person, domain name, organization or enterprise name, business address, the organization or enterprise must submit a detailed request letter specifying the proposed changes and reasons for changing the permit content, along with a copy of the current valid permit, to the Ministry of Information and Communications;

b. In case the permit is lost, torn, burned, or destroyed in any other way, the organization or enterprise establishing the online information portal must submit a written request clearly stating the reason for requesting a new permit to the Ministry of Information and Communications;

c. Within ten working days from the date of receipt of valid application documents, the Ministry of Information and Communications will review the application documents. If the organization or enterprise meets the conditions as prescribed, the Ministry of Information and Communications will issue a decision to supplement, amend, or reissue the permit. In case of refusal, the Ministry of Information and Communications will notify in writing and specify the reasons.

5. Renewal of the Permit

a. Organizations or enterprises wishing to renew their permits must submit renewal application documents to the Ministry of Information and Communications thirty days before the expiration date of the permit. The renewal application documents include a renewal application form and a copy of the current valid permit;

b. The Ministry of Information and Communications will review and consider the renewal of the permit within fifteen working days from the date of receipt of valid application documents. In case of refusal to renew the permit, the Ministry of Information and Communications will notify in writing and specify the reasons for the organization or enterprise that submitted the application;

c. The permit can only be renewed once and the renewal period shall not exceed one year.

6. Revocation of the Permit

a. An organization's permit will be revoked if any of the following situations occur:

- Providing information content that violates the provisions of Article 6 of this Decree and other regulations on managing electronic information on the Internet, as concluded by the competent state agency;

- Not commencing operations to provide information on the Internet as stipulated in the issued permit within ninety days from the date of issuance of the permit.

b. An organization or enterprise whose permit has been revoked shall not be granted a permit for at least one year from the date of revocation of the permit.

7. Validity Period of the Permit

The permit for establishing an online information portal has a maximum validity period of five years.

Article 22. Registration for Providing Online Social Network Services

1. Conditions for registration

a. Being an organization or enterprise established and operating in accordance with the provisions of the law in Vietnam;

b. Possessing adequate technical means, personnel, and management systems to provide online social network services commensurate with the scale of operations.

c. Committing to comply with the provisions of this Decree and regulations on managing electronic information on the Internet.

2. Registration Documents

a. An application form prescribed by the Ministry of Information and Communications

b. A copy of the Business Registration Certificate, Investment Certificate, or Decision on Establishment.

3. Confirmation of Registration

a. Within five working days from the date of receiving a valid registration dossier from the enterprise in accordance with Clause 2 of this Article, the Ministry of Information and Communications shall notify the enterprise of confirmation of receipt of a valid registration dossier or request for supplementary and completion of the dossier if the registration dossier does not meet the requirements.

b. The enterprise may only officially provide services to the public after receiving a notification from the Ministry of Information and Communications confirming receipt of a valid registration dossier from the enterprise.

4. Forms of Registration and Confirmation: in writing or through an online environment according to addresses prescribed by the Ministry of Information and Communications.

Chapter V

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 23. Inspection and auditing

All organizations and individuals operating in the field of the Internet are subject to inspection and supervision by competent state agencies in accordance with the provisions of the law.

Article 24. Handling of violations

Organizations and individuals who violate the provisions of this Decree shall be administratively sanctioned or criminally pursued depending on the nature and extent of the violation, and must compensate for losses in accordance with the provisions of the law if damage is caused.

Article 25. Complaints and Reports

Organizations and individuals have the right to lodge complaints and denunciations in accordance with current regulations. The authority, procedures, and processes for handling complaints and denunciations shall be carried out in accordance with the law on complaints and denunciations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 26. Implementation Provisions

1. This Decree takes effect fifteen days after its publication in the Official Gazette and replaces Government Decree No. 55/2001/NĐ-CP dated August 23, 2001, on the management, provision, and use of Internet services.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.

3. The Ministry of Information and Communications shall take the lead and coordinate with relevant ministries and sectors to organize guidance and implementation of this Decree./.