Chương I Luật Công nghệ thông tin 2006: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for information technology application and development activities, measures to ensure information technology application and development, and rights and obligations of agencies, organizations and individuals (hereinafter collectively referred to as organizations and individuals) engaged in information technology application and development activities.

Article 2.- Subjects of application

This Law applies to Vietnamese and foreign organizations and individuals engaged in information technology application and development activities in Vietnam.

Article 3.- Application of the Information Technology Law

1. When disparities appear between the provisions of the Information Technology Law and those of other laws on the same matters related to information technology application and development activities, the provisions of the Information Technology Law prevail.

2. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of that treaty prevail.

Article 4.- Interpretation of terms

In this Law, the terms below are construed as follows:

1. Information technology means a combination of scientific and technological methods and modern technical tools for the production, transmission, collection, processing, storage and exchange of digital information.

2. Digital information means information generated by the method of using digital signals.

3. Network environment means an environment in which information is supplied, transmitted, collected, processed, stored and exchanged via information infrastructure.

4. Information infrastructure means a system of equipment in service of the production, transmission, collection, processing, storage and exchange of digital information, including telecommunications networks, the Internet, computer networks and databases.

5. Information technology application means the use of information technology in socio-economic, external, defense, security and other activities with a view to raising the productivity, quality and efficiency of these activities.

6. Information technology development means research and development activities relating to the process of production, transmission, collection, processing, storage and exchange of digital information; development of information technology human resources; development of the information technology industry and development of information technology services.

7. Digital gap means the difference in conditions and ability to use computer and information infrastructure to access sources of information and knowledge.

8. Venture investment in the information technology domain means investment in enterprises operating in such domain with prospect of bringing huge profits but also with high risks.

9. Information technology industry means a hi-tech econo-technical sector, which produces and supplies information technology products, including hardware and software products and digital information contents.

10. Hardware means complete digital equipment; component assemblies; components; parts of digital equipment, component assemblies or components.

11. Digital equipment means electronic, computer, telecommunications, transmission, radio-receiving and -transmitting equipment or other integrated equipment, which is used for the production, transmission, collection, processing, storage and exchange of digital information.

12. Software means a computer program which is described by a system of signs, codes or languages for controlling digital equipment to perform certain functions.

13. Source code means a pre-compilation product of a software, which is yet able to control digital equipment.

14. Computer language means a post-compilation product of a software, which is able to control digital equipment.

15. Spam means an email or a message sent to a recipient who does not wish or has no responsibility to receive it according to the provisions of law.

16. Computer virus means a computer program which can spread or cause malfunction of digital equipment, or which can copy, modify or delete information stored in digital equipment.

17. Website means a website or a collection of websites in the network environment in service of information supply and exchange.

18. Digitalization means the change of information of various types into digital information.

Article 5.- State policies on information technology application and development

1. To prioritize the information technology application and development in socio-economic development strategies and in national industrialization and modernization.

2. To create favorable conditions for organizations and individuals engaged in information technology application and development activities to meet socio-economic development, external relation, defense and security requirements; to develop the information technology industry into a key economic sector, meeting the domestic market and export demands.

3. To promote investment in the information technology domain.

4. To earmark part of the state budget for the application of information technology to essential domains, the establishment of the information technology industry and the development of information technology human resources.

5. To create favorable conditions for the development of the national information infrastructure.

6. To adopt preferential policies for organizations and individuals to carry out information technology application and development activities in agriculture; in rural, deep-lying, remote and border and island areas, and for ethnic minority people, disabled people and people in plights.

7. To guarantee legitimate rights and interests of organizations and individuals engaged in information technology application and development.

8. To boost international exchange and cooperation; to encourage cooperation with overseas Vietnamese organizations and individuals in the information technology domain.

Article 6.- Contents of state management of information technology

1. Formulating, and organizing the implementation of, information technology application and development strategies, plannings, plans and policies.

2. Elaborating, promulgating, propagating, popularizing, and organizing the implementation of, legal documents, national standards and technical regulations in the information technology domain.

3. Managing information safety and security in information technology application activities.

4. Managing and using the national information resources and database.

5. Managing and facilitating international cooperation on information technology.

6. Managing, training, retraining and developing information technology human resources.

7. Formulating mechanisms, policies and regulations related to products and public services in the information technology domain.

8. Formulating mechanisms, policies and regulations on mobilization of information technology human resources in service of defense and security and in emergency circumstances specified in Article 14 of this Law.

9. Managing information technology statistics.

10. Inspecting, examining, settling complaints and denunciations, and handling violations in the information technology domain.

Article 7.- Responsibility to perform the state management of information technology

1. The Government shall perform the unified state management of information technology.

2. The Ministry of Post and Telematics is answerable to the Government for assuming the prime responsibility for, and coordinating with concerned ministries and ministerial-level agencies in, performing the state management of information technology.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics in, performing the state management of information technology according to the Government's assignment.

4. Provincial/municipal People's Committees shall, within the ambit of their respective tasks and powers, perform the state management of information technology in their respective localities.

5. The application of information technology to state agencies' operation shall be specified by the Government.

Article 8.- Rights of organizations and individuals engaged in information technology application and development

1. Organizations and individuals engaged in information technology application have the following rights:

a/ To seek, exchange and use information in the network environment, except information with contents specified in Clause 2, Article 12 of this Law;

b/ To request the restoration of their information or the restoration of the ability to access their sources of information when the contents of such information do not breach the provisions of Clause 2, Article 12 of this Law;

c/ To request competent state agencies to deal according to the provisions of law with cases where the restoration of information or the restoration of the ability to access such sources of information is rejected;

d/ To distribute contact addresses available in the network environment after obtaining the consent of owners of such addresses;

e/ To refuse to provide or receive in the network environment products or services in contravention of law and take responsibility for such refusal.

2. Organizations and individuals engaged in information technology development have the following rights:

a/ To research into and develop information technology products;

b/ To produce information technology products; to digitalize, maintain and increase the value of information resources.

3. State agencies may refuse to receive information in the network environment if the reliability and confidentiality of the information transmitted via the network environment are not secured.

Article 9.- Responsibilities of organizations and individuals engaged in information technology application and development

1. Organizations and individuals engaged in information technology application shall be responsible for the contents of their digital information in the network environment.

2. Organizations and individuals carrying out business activities in the network environment shall post in the network environment relevant information, including:

a/ Their names, geographical addresses, telephone numbers and email addresses;

b/ Their establishment decisions, operation licenses or business registration certificates (if any);

c/ Names of provider-managing agencies (if any);

d/ Prices, taxes and freights (if any) of goods or services.

3. Organizations and individuals engaged in information technology development have the following responsibilities:

a/ To ensure the truthfulness of research and development results;

b/ To guarantee the legitimate rights and interests of owners of databases and not to obstruct the use of those databases in performing acts of re-producing, distributing, advertising for, transmitting or supplying contents constituting those databases.

4. When operating in the network environment, state agencies have the following responsibilities:

a/ To announce on the mass media the activities carried out in the network environment according to the provisions of Clause 1, Article 27 of this Law;

b/ To notify their contact addresses in the network environment to concerned organizations or individuals;

c/ To reply according to their competence to documents sent by organizations or individuals via the network environment;

d/ To supply information in service of public interests as well as administrative procedures in the network environment;

e/ To use e-signatures according to the provisions of law on e-transactions;

f/ To ensure the reliability and confidentiality of information in sending and receiving documents in the network environment;

g/ To ensure the accuracy, completeness and timeliness of information and documents which are exchanged, supplied and commented in the network environment;

h/ Unless in force majeure circumstances, to ensure that the system of equipment for supplying information or gathering comments in the network environment works both within and beyond working hours;

i/ To supply information and gather comments via websites in accordance with Article 28 of this Law.

Article 10.- Information technology inspectorate

1. The Post and Telematics Ministry's Inspectorate shall perform the specialized information technology inspection.

2. The organization and operation of information technology inspectorates shall comply with the law on inspection.

Article 11.- Information technology societies and associations

1. Information technology societies and associations shall protect the legitimate rights and interests of organizations and individuals engaged in information technology application and development.

2. Information technology societies and associations will be organized and operate in accordance with the law on associations.

Article 12.- Prohibited acts

1. Obstructing lawful activities or supporting illegal activities in information technology application and development; illegally obstructing the operation of the system of national domain-name servers; destroying the information infrastructure or destroying information in the network environment.

2. Supplying, exchanging, transmitting, storing or using digital information for the following purposes:

a/ Opposing the State of the Socialist Republic of Vietnam or undermining the all-people unity bloc;

b/ Exciting violence, propagating wars of aggression; sowing hatred among nations and peoples, exciting obscene, depravation, crime, social evils or superstition; undermining the nation's fine traditions and customs;

c/ Revealing state secrets, military, security, economic, external relation or other secrets provided for by law;

d/ Distorting, slandering, or offending the prestige of organizations or the honor, dignity or prestige of citizens;

e/ Advertising for or propagating goods or services banned by law.

3. Infringing upon intellectual property rights in information technology activities; illegally producing or circulating information technology products; forging websites of other organizations or individuals; creating illegal links to domain names lawfully used by organizations or individuals.