Chương III Nghị định 142/2016/NĐ-CP: Trách nhiệm của cơ quan, tổ chức, cá nhân và doanh nghiệp cung cấp dịch vụ viễn thông, internet trong ngăn chặn xung đột thông tin trên mạng

Chapter III

RESPONSIBILITIES OF THE AUTHORITIES, ORGANIZATIONS, INDIVIDUALS AND PROVIDERS OF TELECOMMUNICATIONS AND INTERNET SERVICES FOR PREVENTING ONLINE INFORMATION CONFLICTS

Article 19. State management of the prevention of online information conflicts

1. The government unifies the state management of the prevention of online information conflicts.

2. Ministry of National defense shall be liable to the government for leading and cooperating with relevant bodies in preventing online information conflicts for the purpose of:

a) Precluding and countering information warfare and cyber warfare;

b) Preventing foreign military forces from exploiting informational technologies and techniques to sabotage data and information systems; or restraining domestic and foreign organizations from exploiting informational technologies and techniques to impair data and information systems for military activities or national defense, 3^rd-class or higher information systems whose impairment mars national defense.

3. Ministry of Public security shall be liable to the government for leading and cooperating with relevant bodies intra vires in preventing online information conflicts between two or more domestic and foreign organizations that exploit informational technologies and techniques to sabotage national security, social order and safety.

4. Ministry of Information and Communications shall be liable to the government for leading and cooperating with relevant bodies intra vires in preventing online information conflicts between two or more domestic and foreign organizations that exploit informational technologies and techniques to sabotage legitimate production activities, rights and interests of organizations and individuals and public interests.

Article 20. Ministry of National defense

1. Lead the prevention of online information conflicts with the aim of defending state sovereignty in cyberspace intra vires.

2. Organize and develop specialized forces that are highly combative, deploy national defense resources to prevent online information conflicts according to Section 2, Article 19 of this Decree and to defend state sovereignty in cyberspace.

3. Formulate, amend and promulgate intra vires the legislative documents on prevention of online information conflicts and protection of state sovereignty in cyberspace or present them to competent authorities for issuance.

4. Lead and cooperate with relevant bodies in training personnel in preventing online information conflicts.

5. Direct inferior forces to cooperate with specialized agencies of the Ministry of Public security and Ministry of Information and Communications to provide training and drills in preventing online information conflicts and defending state sovereignty in cyberspace.

6. Augment investments and specialized equipment for the prevention of online information conflicts.

7. Exchanging information regularly with the Ministry of Public security, Ministry of Information and Communications and Ministry of Foreign affairs on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

8. Cooperate internationally in preventing online information conflicts.

Article 21. Ministry of Public security

1. Lead the prevention of online information conflicts with the aim of defending national security, social order and security and fighting crimes.

2. Lead and cooperate with the Ministry of National Defense, Ministry of Information and Communications and relevant entities in devising and implementing measures to detect, prevent, combat and eradicate activities in cyberspace which menace national security, social order and safety and crime fighting; handle violations of state sovereignty in cyberspace intra vires.

3. Direct inferior forces to cooperate with specialized agencies of the Ministry of National defense and Ministry of Information and Communications in providing training and drills in preventing online information conflicts, defending national security, social order and safety and fighting crimes; cooperate internationally in preventing online information conflicts.

4. Exchange and furnish information regularly to the Ministry of National defense and Ministry of Information and Communications on circumstances and risks of information security breach and on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

Article 22. Ministry of Information and Communications

1. Lead and cooperate with ministries, bodies, local authorities, enterprises and organizations in adopting information security measures; inspect and evaluate information safety breach; give warning, respond to and rectify network problems.

2. Provide guidelines to ministries, bodies and local authorities and counsels to the government on the list of national vital information systems.

3. Exchange and furnish information regularly to the Ministry of National defense and Ministry of Public security on circumstances and risks of information security breach in relation to the prevention of online information conflicts and protection of state sovereignty in cyberspace; cooperate internationally in preventing online information conflicts intra vires.

4. Instruct agencies and enterprises in information technology, telecommunications and information security to cooperate closely with specialized agencies of the Ministry of National defense and Ministry of Public security in protecting national vital information systems, investigating cybercriminals and defending state sovereignty in cyberspace.

Article 23. Ministry of Foreign affairs

Lead and cooperate with the Ministry of National defense, Ministry of Public security and Ministry of Information and Communications in deploying solutions to secure information systems of overseas representative offices of the Socialist Republic of Vietnam; cooperate in conducting diplomatic activities of preventing online information conflicts and defending state sovereignty in cyberspace.

Article 24. Ministry of Science and Technology

1. Advise the government on science and technology missions regarding the prevention of online information conflicts and protection of state sovereignty in cyberspace.

2. Direct inferior agencies and units to cooperate with specialized agencies of the Ministry of National defense, Ministry of Public security and Ministry of Information and Technology in carrying out science and technology missions and constructing scientific and technological capacities in protecting national vital information systems and defending state sovereignty in cyberspace.

Article 25. Ministry of Finance

Maintain finances for the prevention of online information conflicts as per the legislation on state budget.

Article 26. Other ministries, agencies and provincial People’s Committees

1. Assign online information prevention missions to agencies that provide counsels on state management of information technology and online information security. Such missions include the supervision, detection, warning, tracing and rectification of online information conflicts.

2. Lead and cooperate with specialized agencies in implementing solutions to protect information systems under their management; mobilize forces and resources readily for the prevention of online information conflicts and protection of state sovereignty in cyberspace as per the laws.

3. Cooperate with specialized agencies in implementing and expediting policies, strategies and plans for preventing online information conflicts; settle incidents regarding online information conflicts.

Article 27. Organizations and individuals

1. Administrators of information systems shall carry out measures to protect the systems and prevent online information conflicts intra vires; cooperate closely with specialized agencies in deploying solutions that prevent online information conflicts.

2. Organizations and individuals shall be responsible for precluding online information conflict provoking activities that derive from their information systems, cooperate in tracing online information conflicts and rectify consequences thereof.

Article 28. Providers of telecommunications and Internet services

1. Provide adequate information and cooperate in verifying and blocking information sources that cause online turbulence upon request of specialized agencies.

2. Implement online information security solutions; monitor and expose sources of contradictory online information and inform specialized agencies thereof in timely manner.

3. Cooperate with the Ministry of National defense, Ministry of Public security, Ministry of Information and Communications in implementing technological and informational solutions and measures to prevent online information conflicts.