Chương VII Luật An toàn thông tin mạng 2015: Quản lý nhà nước về an toàn thông tin mạng

Chapter VII

STATE MANAGEMENT OF CYBERINFORMATION SECURITY

Article 51. Contents of state management of cyberinformation security

1. Formulating strategies, master plans, plans and policies on cyberinformation security; formulating, and directing the implementation of, die national program on cyberinformation security.

2. Promulgating, and organizing the implementation of, legal documents on cyberinformation security; developing and announcing national standards and promulgating technical regulations on cyberinformation security.

3. Performing the state management of civil cryptography.

4. Managing the assessment and announcement of conformity with standards or technical regulations on cyberinformation security.

5. Managing security supervision of information systems.

6. Appraising cyberinformation security-related contents in design dossiers of information systems.

7. Disseminating the law on cyberinformation security.

8. Managing the trading in cyberinformation security products and services.

9. Organizing research and application of cyberinformation security science and technology; developing human resources for cyberinformation security; training full-time cyberinformation security officers. '

10. Conducting examination and inspection, settling complaints and denunciations, and handling violations of the law on cyberinformation security.

11. Entering into international cooperation on cyberinformation security.

Article 52. Responsibilities for state management of cyberinformation security

1. The Government shall uniformly perform the state management of cyberinformation security.

2. The Ministry of Information and Communications shall take responsibility before the Government for performing the state management of cyberinformation security, having the following tasks and powers:

a/ To promulgate or formulate and submit to competent authorities for promulgation legal documents, strategies, masterplans, plans, national standards and national technical regulations on cyberinformation security;

b/ To appraise cyberinformation security-related contents in design dossiers of information systems;

c/ To manage security supervision of information systems nationwide, except information systems mentioned at Point c, Clause 3, and Point b, Clause 5, of this Article;

d/ To manage cyberinformation security assessment;

dd/ To grant licenses for trading in cyberinformation security products and services and permits for import of information security products, except civil cryptographic products and services;

e/ To research and apply cyberinformation security science and technology; to train and develop human resources;

g/ To manage and carry out international cooperation on cyberinformation security;

h/ To conduct examination and inspection, settle complaints and denunciations, and handle violations of the law on cyberinformation security;

i/ To assume the prime responsibility for, and coordinate with related ministries, sectors, provincial-level People’s Committees and enterprises in, ensuring cyberinformation security;

k/ To disseminate the law on cyberinformation, security;

l/ To annually report on cyberinformation security activities to the Government.

3. The Ministry of National Defense has the following tasks and powers:

a/ To promulgate or formulate and submit to competent authorities for promulgation legal documents, strategies, master plans, plans, national standards and national technical regulations on cyberinformation security in the fields under its management;

b/ To conduct examination and inspection, settle complaints and denunciations, and handle violations in cyberinformation security assurance activities in the fields under its management;

c/ To manage security supervision of its information systems.

4. The Government Cipher Committee shall assist the Minister of National Defense in performing the state management of civil cryptography, having the following tasks:

a/ To formulate and submit to competent authorities for promulgation legal documents on management of civil cryptography;

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to competent state agencies for promulgation national standards and national technical regulations on civil cryptographic products and services;

c/ To manage the trading in and use of civil cryptography; to manage the quality of civil cryptographic products and services; to manage the assessment and announcement of standard or regulation conformity for civil cryptographic products and services;

d/ To formulate and submit to competent authorities for promulgation a list of civil cryptography products and services and a list of civil cryptographic products subject to export and import permit;

dd/ To grant licenses for trading in civil cryptographic products and services and permits for export and import of civil cryptography products;

e/ To conduct examination and inspection, settle complaints and denunciations, and handle violations in the trading in and use of civil cryptography;

g/ To enter into international cooperation on civil cryptography.

5. The Ministry of Public Security has the following tasks and powers:

a/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to competent authorities for promulgation, or promulgate according to its competence and guide the implementation of legal documents on protection of state secrets, prevention and combat of cybercrime and abuse of cyberspace to infringe upon national security or social order and safety;

b/ To manage security supervision of its information systems;

c/ To organize and direct the crime prevention and combat, and organize investigation of cybercrimes and other violations in the field of cyberinformation security;

d/ To coordinate with the Ministry of Information and Communications and related ministries and sectors in examining and inspecting cyberinformation security and handling violations of the law on cyberinformation security within its competence.

6. The Ministry of Home Affairs shall organize training in cyberinformation security knowledge and skills for cadres, civil servants and public employees.

7. The Ministry of Education and Training shall organize training in and dissemination of cyberinformation security knowledge in higher education institutions.

8. The Ministry of Labor, War Invalids and Social Affairs shall organize training in and dissemination of cyberinformation security knowledge in vocational training institutions.

9. The Ministry of Finance shall provide guidance on and allocate funds for performance of cyberinformation security assurance tasks in accordance with law.

10. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, manage cyberinformation security of their own networks and coordinate with the Ministry of Information and Communications in performing the state management of cyberinformation security.

11. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, perform the state management of cyberinformation security in localities.