Chương II Luật Công nghệ thông tin 2006: Ứng dụng công nghệ thông tin

Chapter II

INFORMATION TECHNOLOGY APPLICATION

Section 1. GENERAL PROVISIONS ON INFORMATION TECHNOLOGY APPLICATION

Article 13.- General principles for information technology application

1. Organizations and individuals may carry out information technology application activities according to the provisions of this Law and other relevant provisions of law.

2. The State encourages the application of information technology to socio-economic, external relation, defense and security activities; prevention and combat of floods, storms, natural disasters and other catastrophes; salvage, rescue and other activities.

3. Organizations and individuals conducting telecommunications, broadcasting or television activities in the network environment shall abide by the provisions of law on telecommunications and press and the provisions of this Law.

Article 14.- Prioritizing the application of information technology in emergency circumstances

1. Competent state agencies shall decide to mobilize part or whole of the information infrastructure to prioritize information technology application in one of the following emergency circumstances:

a/ Serving prevention and combat of floods, storms, fires, natural disasters or other catastrophes;

b/ Serving emergency and prevention and control of epidemics;

c/ Serving salvage and rescue;

d/ Serving defense and security, maintaining social order and safety, and preventing and controlling crimes.

2. The Government shall specify the prioritized application of information technology in emergency circumstances.

Article 15.- Management and use of digital information

1. Organizations and individuals may freely use digital information for legitimate purposes in accordance with the provisions of law.

2. Competent state agencies shall take measures to ensure the convenient access and use of digital information.

3. The supply, exchange, transmission, storage and use of digital information must not violate the provisions of Clause 2, Article 12 of this Law and other relevant provisions of law.

4. When digital information owners have warned or the law provides that the quotation of information is not allowed, organizations or individuals may not quote contents of digital information of other organizations or individuals.

5. When the quotation of digital information is allowed, organizations and individuals shall clearly indicate sources of such information.

Article 16.- Transmission of digital information

1. Organizations and individuals may transmit digital information of other organizations and individuals in accordance with the provisions of this Law.

2. Organizations and individuals that transmit digital information of other organizations and individuals are not responsible for the contents of information which is stored in an automatic, intermediary or temporary manner for technical requirements if the temporary storage aims to serve information transmission and the information is stored in the duration long enough for the transmission.

3. Organizations and individuals that transmit digital information shall promptly take necessary measures to stop the illegal access to or illegal deletion of information at the request of competent state agencies.

4. Organizations and individuals that transmit digital information of other organizations and individuals are not responsible for the contents of that information, except when they perform one of the following acts:

a/ They themselves start the transmission of information;

b/ They select recipients of transmitted information;

c/ They select and modify the contents of transmitted information.

Article 17.- Temporary storage of digital information

1. Organizations and individuals may temporarily store digital information of other organizations and individuals.

2. Organizations and individuals that temporarily store digital information of other organizations and individuals are not responsible for the contents of that information, except when they take one of the following acts:

a/ Modifying the contents of information;

b/ Failing to observe the provisions on accessing or updating information contents;

c/ Illegally collecting data by temporarily storing information;

d/ Disclosing confidential information.

Article 18.- Lease of digital information storage space

1. Lease of digital information storage space means the service of leasing the storage equipment capacity for information storage in the network environment.

2. The contents of digital information to be stored must not breach the provisions of Clause 2, Article 12 of this Law.

3. Organizations and individuals that lease space for digital information storage have the following responsibilities:

a/ To comply with competent state agencies' request to determine lists of owners that hire digital information storage space for the establishment of their websites and lists of owners of digital information stored by such organizations or individuals;

b/ To promptly take necessary measures to stop the illegal access to or illegal deletion of digital information at the request of competent state agencies;

c/ Where they themselves detect, or are informed by competent state agencies that the stored information is illegal, to cease leasing digital information storage space to other organizations or individuals;

d/ To ensure confidentiality of information of organizations or individuals that hire information storage space.

Article 19.- Digital information search tools

1. A digital information search tool means a computer program which receives the request for digital information search, searches for digital information and sends back the searched digital information.

2. The State adopts policies to encourage organizations and individuals to develop and supply digital information search tools.

3. When organizations and individuals themselves detect, or are informed by competent state agencies that digital information sources are illegal, they shall cease supplying other organizations and individuals with tools of searching for those information sources.

Article 20.- Monitoring and supervision of digital information contents

1. Competent state agencies shall monitor and supervise digital information; investigate law violations committed in the course of transmitting or storing digital information.

2. Except when requested by competent state agencies, organizations and individuals engaged in information technology application are neither responsible for monitoring or supervising digital information of other organizations and individuals nor for investigating law violations committed in the course of transmitting or storing digital information of other organizations and individuals.

Article 21.- Collection, processing and use of personal information in the network environment

1. Unless otherwise provided for by law, organizations and individuals that collect, process and use personal information of other people in the network environment must obtain the consent of those people.

2. Organizations and individuals that collect, process and use personal information of other people have the following responsibilities:

a/ To inform those people of the form, scope, place and purpose of collecting, processing and using their personal information;

b/ To use the collected personal information for proper purposes and store it only for a given period of time set by law or as agreed upon by the two parties;

c/ To take necessary managerial and technical measures to ensure that personal information shall not be lost, stolen, disclosed, modified or destroyed;

d/ When requested to re-inspect, correct or cancel information as stipulated in Clause 1, Article 22 of this Law, to immediately take necessary measures; to refrain from supplying or using relevant personal information until it is corrected.

3. Organizations and individuals may collect, process and use personal information of other people without the latter's consent when that information is used for the following purposes:

a/ Signing, modifying or performing contracts on the use of information, products or services in the network environment;

b/ Calculating charges for use of information, products or services in the network environment;

c/ Performing other obligations provided for by law.

Article 22.- Storage and supply of personal information in the network environment

1. Individuals may request organizations or individuals that store their personal information in the network environment to inspect, correct or cancel such information.

2. Unless otherwise provided for by law or consented by people, organizations or individuals may not supply those people's personal information to a third party.

3. Individuals may claim compensations for damage caused by violations in the supply of personal information.

Article 23.- Establishment of websites

1. Organizations and individuals may establish their websites according to the provisions of law and shall manage the contents and operation of those websites.

2. Organizations and individuals that use Vietnamese national domain names ending in ".vn" for establishing their websites need not to inform the Ministry of Post and Telematics thereof. Organizations and individuals that do not use Vietnamese national domain names ending in ".vn" for establishing their websites shall inform the Ministry of Post and Telematics in the network environment of the following information:

a/ Name of the organization written in the establishment decision, operation license, business registration certificate, or permit for setting up representative office(s); or name of the individual;

b/ Serial number, date and place of issue of the identity card; or serial number, date and place of issue of passport of the individual;

c/ Address of head office of the organization; or place of permanent residence of the individual;

d/ Telephone and facsimile numbers, email address;

e/ Registered domain names.

3. Organizations and individuals are responsible before law for the accuracy of the information specified in Clause 2 of this Article and shall notify the change in information, if any.

4. Websites used for press activities must comply with the provisions of this Law, the law on press and other relevant laws.

5. Websites used for socio-economic, external relation, defense and security activities must comply with the provisions of this Law and other relevant laws.

Section 2. INFORMATION TECHNOLOGY APPLICATION TO OPERATION OF STATE AGENCIES

Article 24.- Principles for information technology application to operation of state agencies

1. The application of information technology to operation of state agencies must be prioritized and ensure publicity and transparency with a view to raising the effectiveness and efficiency of operation of state agencies and creating conditions for people to well exercise their civil rights and duties.

2. The application of information technology to operation of state agencies must promote the program on renewing the operation of state agencies and the administrative reform program.

3. The supply and exchange of information must ensure its accuracy and suitability to use purposes.

4. Operation processes and procedures must be made public and transparent.

5. Using uniform standards, ensuring technological compatibility in the entire information system of state agencies.

6. Ensuring security, safety, thrift and efficiency.

7. Heads of state agencies shall be responsible for information technology application under their management.

Article 25.- Conditions for information technology application to operation of state agencies

1. State agencies shall prepare conditions for the application of information technology to their operation.

2. The Government shall specify conditions for ensuring the application of information technology to the operation of state agencies; formulate, and organize the implementation of, the national program on application of information technology to operation of state agencies with the following principal contents:

a/ Schedule for carrying out activities in the network environment by state agencies;

b/ Branches or domains having great effects on socio-economic development in which information technology application needs to be prioritized;

c/ Sharing and joint use of digital information;

d/ Domains in which research and development, international cooperation, human resources development and information infrastructure construction are prioritized and encouraged to meet the requirements of application of information technology to operation of state agencies in each period;

e/ Financial sources for the application of information technology to operation of state agencies;

f/ Key programs, schemes and projects on the application of information technology to operation of state agencies.

Article 26.- Contents of information technology application to operation of state agencies

1. Building and using the information infrastructure in service of state agencies' operation as well as information exchange and supply between state agencies and organizations or individuals.

2. Building, collecting and maintaining databases in service of state agencies' operation and public interests.

3. Setting forms in service of exchanging and supplying information and consulting organizations and individuals in the network environment.

4. Establishing websites in accordance with Articles 23 and 28 of this Law.

5. Supplying and sharing information to and with other state agencies.

6. Providing public services in the network environment.

7. Working out and realizing plans on training, and raising cadres' and civil servants' awareness about, and their level of application of, information technology.

8. Carrying out activities in the network environment in accordance with Article 27 of this Law.

Article 27.- State agencies' operation in the network environment

1. State agencies' operation in the network environment covers:

a/ Supplying, exchanging and collecting information to and with organizations and individuals;

b/ Sharing information among themselves and with other state agencies;

c/ Providing public services;

d/ Other activities provided for by the Government.

2. The time and place of sending and receiving information in the network environment shall comply with the provisions of law on e-transactions.

Article 28.- Websites of state agencies

1. State agencies' websites must meet the following requirements:

a/ Assuring convenient access by organizations and individuals;

b/ Supporting organizations and individuals to access, and use forms on, websites (if any);

c/ Ensuring the accuracy and uniformity in the contents of information on websites;

d/ Regularly and promptly updating information on websites;

e/ Observing the provisions of law on protection of state secrets.

2. The website of a state agency must have the following principal information:

a/ The organizational structure, functions, tasks and powers of that agency and of each of its dependent units;

b/ Specialized legal documents and relevant legal documents;

c/ Administrative processes and procedures carried out by dependent units; name of the person responsible for each step of the administrative processes and procedures; the time limit for handling the administrative procedures;

d/ Disseminating, popularizing, and guiding the implementation of, specialized laws, regimes, policies, strategies and plannings;

e/ The official list of email addresses of each dependent unit and of competent cadres and civil servants;

f/ Investment projects and items, bidding, and procurement of public property;

g/ The list of activities in the network environment carried out by that agency as stipulated in Clause 1, Article 27 of this Law;

h/ The column for feedback from organizations and individuals.

3. State agencies shall supply free of charge information specified in Clause 2 of this Article.

Section 3. INFORMATION TECHNOLOGY APPLICATION TO COMMERCE

Article 29.- Principles for information technology application to commerce

1. Organizations and individuals may apply information technology to commerce.

2. Commercial activities in the network environment must comply with the provisions of this Law, commercial law and law on e-transactions.

Article 30.- Websites for goods sale

1. Organizations and individuals may establish their websites for goods sale in accordance with this Law and other relevant provisions of law.

2. A website for goods sale must satisfy the following principal requirements:

a/ Supplying adequate and accurate information on goods, services, transaction conditions, dispute settlement and damage compensation procedures;

b/ Supplying consumers with information on safe and convenient modes of payment in the network environment;

c/ Publicizing cases where consumers may cancel or amend agreements in the network environment.

3. Organizations and individuals owning websites for goods sale shall be responsible for information contents posted on their websites, observe the provisions of this Law and other relevant provisions of law on entry into contracts, goods ordering, payment, advertisement and sale promotion.

Article 31.- Information supply for entry into contracts in the network environment

1. Unless otherwise agreed by involved parties, organizations and individuals that sell goods and/or provide services shall supply the following information for the entry into a contract:

a/ Implementation order to be followed for entry into a contract in the network environment;

b/ Technical measures to identify and modify incorrectly loaded information;

c/ Archive of contract dossiers and permission for access to such dossiers.

2. When supplying consumers with information on contractual terms, organizations and individuals shall guarantee consumers' ability to archive and re-generate such information.

Article 32.- Settlement of consequences of incorrect loading of commercial information in the network environment

When a purchaser incorrectly loads information and sends it into a website for goods sale while the information-loading system fails to provide ability to modify the information, the purchaser may unilaterally terminate the contract if he/she has already applied the following measures:

1. Promptly notifying the seller of the incorrectly loaded information and the seller has already confirmed the receipt of that notice;

2. Returning the goods he/she has received but not yet used or enjoyed any benefits from the goods.

Article 33.- Online payment

1. The State encourages organizations and individuals to make online payment in accordance with law.

2. Conditions, order and procedures for making online payment shall be specified by competent state agencies.

Section 4. APPLICATION OF INFORMATION TECHNOLOGY TO SEVERAL SECTORS

Article 34.- Application of information technology to the education and training sector

1. The State shall adopt policies to encourage the application of information technology to teaching, learning, enrolling, training and other activities in the education and training sector in the network environment.

2. Organizations and individuals that conduct education and training activities in the network environment shall observe the provisions of this Law and education law.

3. Competent state agencies shall formulate and execute programs in support of organizations and individuals with a view to promoting the application of information technology to education and training.

4. The Ministry of Education and Training shall specify conditions for education and training activities, recognize the legal validity of diplomas and certificates in education and training activities in the network environment, and accredit the quality of education and training in the network environment.

Article 35.- Application of information technology to the healthcare sector

1. The State shall adopt policies to encourage the application of information technology to the healthcare sector.

2. Organizations and individuals that conduct healthcare activities in the network environment shall observe the provisions of this Law, the law on medicine and pharmacy, and other relevant laws.

3. The Ministry of Health shall specify conditions for carrying out healthcare activities in the network environment.

Article 36.- Application of information technology to the culture and information sector

1. The State shall adopt policies to encourage the application of information technology to digitalization of cultural products, archive of and advertisement for digitalized cultural products, and other activities in the cultural sector.

2. Organizations and individuals that carry out cultural or press activities in the network environment shall observe the provisions of this Law and the laws on press and culture and information.

3. Organizations and individuals that are entitled to state funding supports for the digitalization of cultural products of conservation value shall observe the Government's regulations on conditions for the digitalization of cultural products of conservation value.

4. The Government shall provide for the management of entertainment activities in the network environment in order to meet the following requirements:

a/ Entertainment contents must be healthy and have educational and cultural values, and must not run counter to the nation's fine traditions and customs;

b/ Responsibilities and interests of participants in entertainment activities in the network environment must be associated with common interests of the society and community;

c/ Technical safety and service quality must be guaranteed;

d/ Political security and social order and safety must be maintained, crimes arising from these activities must be prevented.

Article 37.- Application of information technology to defense, security and several other sectors

The application of information technology to defense, security and several other sectors shall comply with the Government's regulations.