Chương 2 Nghị định 72/2013/NĐ-CP: Quản lý, cung cấp và sử dụng dịch vụ internet, tài nguyên internet

Chapter 2.

MANAGEMENT, PROVISION, AND USE OF INTERNET SERVICES INTERNET RESOURCES

SECTION 1. INTERNET SERVICES

Article 6. Licensing internet services

1. Enterprises may provide internet services after obtaining the license to provide internet services.

2. The issuance, adjustment, extension, revocation, and reissuance of the license to provide internet services are provided for in Article 35, Article 36, Article 38, Article 39 of the Law on telecommunications, Article 18, Article 23, Article 24, and Article 28 of the Government's Decree No. 25/2011/ND-CP dated April 06, 2011 o elaborating some Articles of the Law on telecommunications.

Article 7. Rights and obligations of Internet service providers

Apart from the rights and obligations of telecommunications service providers specified in Clause 1 Article 14 of the Law on telecommunications, Internet service providers also have to:

1. Send notice of official internet service provision to the Ministry of Information and Communications (the Vietnam Telecommunications Authority) before the official service provision as prescribed by the Ministry of Information and Communications;

2. Register the form of Internet agent applications and internet service contracts with the Ministry of Information and Communications (the Vietnam Telecommunications Authority).

Article 8. Conditions for public Internet access points

1. An Internet agent may operate when the conditions below are satisfied:

a) The Internet agent business is registered;

b) An Internet agent contract is signed with the Internet service providers;

c) The provision of game services must comply with Clause 1 Article 35 of this Decree.

2. Owners of public Internet access points of enterprises are exempt from registering the Internet agent business and signing Internet agent contracts. The provision of game services must comply with Clause 1 Article 35 of this Decree.

3. Owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places shall:

a) Not register the Internet agent business nor sign Internet agent contract if services are provided free of charge;

b) Register the Internet agent business and sign Internet agent contract if services are charged;

Article 9. Rights and obligations of owners of public Internet access points

1. Internet agents have the rights and obligations below:

a) Establishing a system of terminal devices at the licensed place to provide Internet access services for users at the place;

b) Putting up the sign saying “Internet agent” together with the registration number;

c) Putting up the regulations on Internet service provision in noticeable positions, specifying the prohibited acts specified in Article 5 of this Decree, rights and obligations of Internet users in Article 10 of this enterprise;

d) Providing Internet access services in accordance with the quality and charges in the Internet agent contract;

dd) The rights and obligations of owners of gaming centers in Article 36 of this Decree.

e) Preventing Internet users from using the computers to commit the prohibited acts in Article 5 of this Decree.

a) Requesting the enterprise that signs the Internet agent contract to provide guidance and information about Internet access services, and facilitate the inspections and supervisions carried out by that enterprise;

h) Joining in the training courses in Internet offered by local state agencies and Internet service providers;

i) Complying with the regulations on information safety and information security.

2. Rights and obligations of owners of public Internet access points of enterprises:

a) Putting up the sign "Public Internet access points” which specify the name of the enterprise and number of the license to provide internet services;

b) The rights and obligations specified in Points a, c, dd, e, h, i Clause 1 of this Article.

3. Owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places where charged Internet access services are provided shall:

a) Comply with the opening and closing hours;

b) Have the rights and obligations specified in Points a, c, d, e, g, h i Clause 1 of this Article.

4. Owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places where Internet access services are provided free of charged shall:

a) Comply with the opening and closing hours;

b) Have the rights and obligations specified in Points a, c, e, h, i Clause 1 of this Article.

Article 10. Rights and obligations of Internet users

Apart from the rights and obligations specified in Clause 1 Article 16 of the Law on telecommunications, Internet users also have the rights and obligations below:

1. Using services on the Internet, except for the banned services defined by law.

2. Complying with the opening and closing hours of public Internet access points.

3. Do not resell Internet services in any shape or form.

4. Complying with the information safety, information security, and relevant regulations in this Decree.

Article 11. Internet connection

1. Internet service providers may connect with the international network, with each other, and Internet exchange points.

2. Vietnam National Internet eXchange (VNIX) is the Internet exchange point of Vietnam Internet Network Information Center, which is established by the Ministry of Information and Communications to:

a) Ensure the safety for the operation of the entire Vietnam’s Internet network when the domestic and international telecommunications networks malfunction;

b) Establish a network to experiment IPv6;

c) Connect with regional and international Internet exchange point;

d) Connect Internet service providers in a non-profit manner to raise the quality and reduce prices.

3. The Ministry of Information and Communications shall:

a) Specify the operation of VNIX;

b) Provide polices to enable Internet service providers to connect with each other, with VNIX and other Internet exchange points.

SECTION 2. INTERNET RESOURCES

Article 12. Domain name registration

1. The Ministry of Information and Communications shall manage “.vn" domain names and international domain names allocated to organizations and individuals in Vietnam by international organizations.

2. All organizations and individuals are entitled to register “.vn" domain names and international domain names.

3. “.vn" domain names shall be registered at domain name registrars.

4. The registration of “.vn" domain names must comply with the principles below:

a) Equitability and impartiality principle;

b) First come - first serve principle, except for the domain names put up for auction;

c) Conformity with the regulations on protection of “.vn" domain names in Article 68 of the Law on Information technology;

d) Conformity with the regulations on auction and transfer of domain names in the Law on telecommunications.

5. Domain names registered by organizations and individuals must not contain phrases that threatens the national interests or are contrary to social ethics and national traditions; domain names must avoid confusion or distortion due to ambiguity or absence of Vietnamese tone marks.

6. The organizations and individuals other than agencies of the communist party and state agencies must not register and use the domains that are names of agencies of the communist party and state agencies.

7. The Ministry of Information and Communications shall specify the conditions and procedure for registering and revoking “.vn" domain names.

Article 13. ".vn" DNS servers

1. “.vn” DNS server is the technical system that ensures the operation of “.vn" domain names on the Internet. The Ministry of Information and Communications (Vietnam Internet Network Information Center) shall establish and operate “.vn” DNS servers.

2. Internet service providers shall cooperate in connecting and routing in order to ensure the safe and stable operation of ".vn" DNS servers.

Article 14. ".vn" domain name registrars

1. ".vn" domain registrars are enterprises that provide “.vn" domain names registration and maintenance services.

2. Every ".vn" domain registrar may provide services when the conditions below are satisfied:

a) The enterprise is established in accordance with Vietnam's law, or an overseas organization signs a contract with an accredited registrar of Internet Corporation for Assigned Names and Numbers (ICANN);

b) The provision of domain name registration services is registered;

c) The technical capacity and personnel is sufficient for provision of domain name registration and maintenance services;

d) Contracts are signed with Vietnam Internet Network Information Center to become a ".vn" domain registrar.

3. ".vn" domain registrars have the rights and obligations below:

a) Organizing the registration and maintenance of domain names in accordance with law;

b) Sufficiently and accurately storing information about the organizations and individuals that register domain names as prescribed by the Ministry of Information and Communications;

c) Establishing DNS servers, service provision systems, and taking measures for ensuring safety for domain names and domain name data of organizations and individuals;

d) Being provided with guidance and information on domain name registration; facilitating the inspections carried out by the Ministry of Information and Communications;

dd) Refusing to provide services for the organizations and individuals that fail to comply with the regulations on domain name registration;

e) Suspending and revoking domain names at the request of competent authorities;

g) Domestic ".vn" domain registrars must use primary DNS servers that use “.vn" domain names when providing services;

h) Making and providing application forms and procedure for domain name registration as prescribed by the Ministry of Information and Communications;

i) Making reports, providing information, and cooperate with competent authorities.

Article 15. International domain name registrars in Vietnam

1. International domain name registrars are enterprises that provide international domain name registration and maintenance services in Vietnam.

2. Every international domain name registrar may provide services when the conditions below are satisfied:

a) The enterprise is established in accordance with Vietnam's law;

b) The provision of domain name registration services is registered;

c) Contracts are signed with ICANN or an accredited registrar of ICANN to provide international domain name registration services in Vietnam.

3. International domain name registrars have the rights and obligations below:

a) Managing information about the organizations and individuals in Vietnam that register international domain names, including their names, residences, phone numbers, fax numbers, email addresses of organizations, dates of birth, ID numbers, dates of issues, residences, phone numbers, and email addresses of individuals;

b) Instructing organizations and individuals that register international domain names to use international domain names in accordance with regulations of the Ministry of Information and Communications;

c) Sending reports to the Ministry of Information and Communications;

d) Providing information and cooperate with competent authorities to settle the cases related the international domain names under their management.

Article 16. Settling disputes over domain names

1. Disputes over the registration and use of “.vn" domain names shall be settled through:

a) Negotiation and conciliation;

b) Arbitration;

c) Lawsuits.

2. Basis for settling disputes over domain names at the request of the plaintiff:

a) The domain name under dispute is identical or similar to the domain name of the plaintiff; identical or similar to a trademark or brand name

b) The defendant has no lawful right or interest related to the domain name;

c) The defendant leases out or transfer the domain name to the plaintiff who owns the brand name or trademark that is identical or confusingly similar to the domain name; leases out or transfer the domain name to the competitor of the plaintiff for self-seeking purposes or for illicit profits.

d) The defendant appropriates the domain or prevents the plaintiff who owns the brand name or trademark that from registering the corresponding domain name for unhealthy competition;

dd) The defendant uses the domain name to tarnish the reputation of the plaintiff, obstruct the business of the plaintiff, or cause confusion and destroy the trust of the public in the brand name or trademark of the plaintiff for unhealthy competition.

e) Other cases in which the defendant is proved that his or her using the domain name violates lawful rights and interests of the plaintiff.

3. The defendant is considered to have lawful rights and interests related to the domain name if one of the conditions below is satisfied:

a) It is proved that the domain name or the corresponding name is used or intended to be used for the provision of real products or services before the dispute arises.

b) The domain name is known by the public though without trademark;

c) The domain name is being used legitimately for non-commercial purposes or does not cause confusion, which affects the brand name or trademark of the plaintiff;

d) There is evidence for the legitimacy of the domain name of the defendant.

4. The domain management shall settle the dispute over the domain in accordance with the record of successful conciliation, or the effective decision of the arbitration service, or the effective judgment or decision of the court.

Article 17. Allocation, issuance, and revocation of Internet addresses and network codes

1. The Ministry of Information and Communications shall register Internet addresses and network codes with international organizations; allocate Internet addresses and network codes to Internet service providers and other Internet address members in Vietnam.

2. Internet service providers may issue the Internet addresses allocated to them to their Internet subscribers.

3. Organizations and enterprises that receive Internet addresses and network codes directly from international organizations must make reports and comply with relevant regulations of the Ministry of Information and Communications.

4. The Ministry of Information and Communications shall specify the conditions and procedure for the allocation, issuance, and revocation of Internet addresses and network codes.

Article 18. Urging application of IPv6 technology

1. IPv6 technology is in the list of prioritized high technologies. The research, production, and import of equipment, software, and application of IPv6 technology shall be given incentives and support according to the Law on High technologies.

2. Internet service providers are encouraged to invest in the development of network systems using IPv6 technology.

3. When state agencies invest in or procure new equipment connected to the Internet, they must ensure that the equipment supports IPv6 technology as prescribed by the Ministry of Information and Communications.

4. The Ministry of Information and Communications shall cooperate with relevant Ministries and agencies in formulating policies on the support for and the plan for ensuring all telecommunications and IT equipment and software that are produced in Vietnam and imported to Vietnam support IPv6 technology, aiming to totally stopping the production and import of equipment and software programs that do not support IPv6 technology.

5. The Ministry of Education and Training shall provide guidance on the application of IPv6 technology into the training programs of universities and colleges that provide training in information technology and telecommunications.

Article 19. Rights and obligations of organizations and individuals that use Internet resources

1. Organizations and individuals that register and use “.vn" domain names have the rights and obligations below:

a) Taking responsibility before the law for the accuracy of the registration information; do not infringe the lawful rights and interests of other organizations and individuals.

b) Taking responsibility for the management and use of their domain names in accordance with law.

2. Organizations and individuals that use international domain names must send reports to the Ministry of Information and Communications according to Article 23 of the Law on Information technology. The Ministry of Information and Communications shall specify the procedure for reporting the use of international domain names.

3. Organizations that use Internet addresses and network codes must route, use the internet addresses and network codes in accordance with regulations of the Ministry of Information and Communications.

4. Organizations and individuals that use Internet resources must provide information and cooperate with competent authorities at their request.

5. Organizations and individuals that use Internet resources must pay registration fees and Internet resource sustention fee as prescribed.