Chương I Nghị định 142/2016/NĐ-CP: Quy định chung

Chapter I

GENERAL

Article 1. Scope

This Decree stipulates the principles, contents, solutions, international cooperation and responsibilities of the authorities, organizations and individuals for preventing online information conflicts in Vietnam.

Article 2. Regulated entities

1. Vietnamese authorities, organizations and individuals; Vietnam-based foreign entities, foreign persons and international organizations engaged in or related to the online information conflicts.

2. International organizations, foreign entities, foreigners or persons that hold no Vietnamese citizenship, do not work or reside in Vietnam but inflict online information conflicts in Vietnam.

Article 3. Terminology

In this Decree, the following phrases are construed as follows:

1. Prevention of online information conflicts refers to the implementation of technological and technical measures to supervise, detect, notify, trace, filter, rectify and eradicate online information conflicts.

2. Online information filtering is a technological and technical measure that screens and blocks signals, packets and data flow that cause conflicts in the information and the information system.

3. Rectification of online information conflicts is the settlement of incidents that generate online information conflicts.

4. Eradication of online information conflicts is the legitimate activity of protection and retaliation against the sources of online information conflicts.

5. Cyberspace is the environment formed by information infrastructure and social components' activities thereof to provide, convey, gather, process, store and exchange information.

6. State sovereignty in cyberspace consists of every governmental right over the network environment in conformity to international laws.

7. Online information conflict prevention units are specialized agencies of the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications. Such agencies are designated to provide counsels, organize and conduct the prevention of online information conflicts (hereinafter referred to as specialized agencies).

Article 4: Principles of the prevention of online information conflicts

1. Adhere to the requirements, procedures, formalities, manners and authority defined in the laws and to international agreements to which the Socialist Republic of Vietnam is a signatory.

2. Proceed regularly and continuously; detect, prevent and rectify matters actively, promptly and effectively, preclude every form of information warfare and cyber warfare.

3. Respect and defend the legitimate rights and interests of entities and individuals.

Article 5. Expenditure

1. The expenditure for prevention of online information conflicts shall be covered by the state budget and apportioned in the annual state budget estimate for the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications.

2. The estimation, actualization and finalization of the budget shall be governed by the Law of state budget and guiding documents.

Article 6. Responsibilities of specialized agencies

1. Advise the minister on the implementation of missions under the relevant ministry’s responsibility in regard to the prevention of online information conflicts and cooperation with other specialized agencies of other ministries in conducting the assignments jointly.

2. Collect information and resolve online information conflicts reported by other organizations and individuals; supervise, detect, notify, trace, filter, rectify and eradicate online information conflicts according to their functions and missions specified in Section 2, 3 and 4, Article 19 of this Decree.

3. Request other organizations and individuals to provide essential information, written materials, instruments and support for specialized agencies' prevention of online information conflicts; respond to and inform administrators of information systems of the recognition and settlement of online information conflicts.

Article 7. Provision of information

1. Organizations and individuals shall be responsible for notifying specialized agencies and information system administrators adequately of signs and acts of inflicting online information conflicts or of damage to the data and information system upon their detection.

2. Specialized agencies shall be responsible for collecting and processing information reported by other organizations and individuals on online information conflicts and for notifying the informers of the result of rectification of online information conflicts upon request.