Chương 3 Nghị định 72/2013/NĐ-CP: Quản lý, cung cấp và sử dụng thông tin trên mạng

Chapter 3.

MANAGEMENT, PROVISION, AND USE OF ONLINE INFORMATION

SECTION 1. GENERAL REGULATIONS

Article 20. Website classification

Websites are classified as follows:

1. Electronic newspapers in the form of websites.

2. News websites are websites of organizations and enterprises that post news cited from official sources, specify the authors or managing agencies of the official sources, and the time when such information is posted.

3. Internal websites are websites of organizations and enterprises that post information about the functions, tasks, powers, organization structure, services, products, business lines, and other information serving their operation. Those websites do not post news.

4. Private websites are websites established by individuals or via social networking sites to provide and exchange private information. Those websites neither represent other organizations and individuals nor provide news.

5. Specialized websites are websites of organizations and enterprises that provide applications for telecommunications, information technology, radio and television, commerce, finance, banking, culture, health care, education, and other fields. Those websites do not post news.

Article 21. Management, provision, and use of online information

1. The management, provision, and use of online information in the form of electronic newspapers, electronic publications and online advertisements must comply with the laws on press, publishing, and advertising.

2. The management, provision, and use of online information in the form of social networking sites and news websites must comply with Section 2 Chapter III and relevant regulations of this Decree.

3. The management, provision, and use of online information on mobile networks must comply with Section 3 Chapter III and relevant regulations in this Decree.

4. The management, provision, and use of online information on specialized websites must comply with specialized laws and relevant regulations of this Decree.

5. Organizations and individuals shall take responsibility for the information they store, transmit, provide, or spread online.

6. Private information of organizations and individuals shall be kept confidential in accordance with law. The control of private information online shall be carried out by competent state authorities in accordance with law.

7. Organizations and enterprises that provide online services must not reveal personal information of service users, except in the cases below:

a) The users agree to provide information;

b) Organizations and enterprises reach written agreements on the provision of personal information to calculate charges, make invoices, and prevent avoidance of contractual obligations;

c) At the request of competent authorities as prescribed by law.

8. Organizations and individuals engaged in the management, provision, and use of online shall protect state secrets in accordance with law. Organizations and individuals shall encrypt the information classified as state secrets when storing and posting them online.

Article 22. Providing public information across the border

1. The foreign organizations, enterprises, and individuals that provide public information across the border, which is accessed by Vietnamese people or from people in Vietnam, must comply with Vietnam’s law.

2. The Ministry of Information and Communications shall specify the provision of public information across the border.

SECTION 2. WEBSITES AND SOCIAL NETWORKING SITES

Article 23. Managing the establishment of websites and social networking sites

1. Electronic newspapers in the form of websites may be established and operate in accordance with the laws on press.

2. Specialized websites may be established and operate in accordance with specialized laws and relevant regulations of this Decree.

3. Private websites and internal websites must comply with the regulations on registration and use of Internet resources, and relevant regulations of this Decree.

4. Organizations and enterprises shall only establish news websites and social networking sites after obtaining the license to establish news websites and license to establish social networking sites.

5. Every organization or enterprise shall be issued with the license to establish news websites or license to establish social networking sites when the conditions below are satisfied:

a) The organization or enterprise is established within Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information provided;

b) The management personnel meet the requirements of the Ministry of Information and Communications;

c) Domain names are registered to establish the news website of social networking site;

d) The financial and technical capacity, organizational structure, and personnel are suitable for the scale;

d) Measures are taken for ensuring information safety and information security.

6. The duration of the license to establish news websites or license to establish social networking sites depends on the demand of the organization or enterprise, and shall not exceed 10 years.

7. The Ministry of Information and Communications shall issue license to establish social networking sites.

8. The Administration of radio, television and electronic information - the Ministry of Information and Communications shall issue licenses to establish news websites to press agencies, diplomatic and consular agencies, organizations affiliated to central government, religious organizations that operate legally in Vietnam, governmental and non-governmental organizations that legally operate in Vietnam; Services of Information and Communications, and other organizations prescribed by the Ministry of Information and Communications.

9. Services of Information and Communications shall issue licenses to establish news websites to the organizations and enterprises not being mentioned in Clause 8 of this Article.

10. The Ministry of Information and Communications shall specify the conditions and procedures for issuing, adjusting, extending, revoking, and reissuing licenses to establish news websites and licenses to establish social networking sites.

11. The Ministry of Finance shall cooperate with the Ministry of Information and Communications in imposing the fines for the issuance of licenses to establish news websites and licenses to establish social networking sites.

Article 24. Rights and obligations of organizations and enterprises that establish news websites

Rights and obligations of organizations and enterprises that establish news websites:

1. Establishing websites to collect and provide news for the public in accordance with law;

2. Having at least 01 server system in Vietnam serving the inspection, storage, and provision of information at the request of competent authorities, and settlement of customers' complaints about the service provisions in accordance with regulations of the Ministry of Information and Communications;

3. Formulating a procedure for public information management;

4. Supervise and eliminate improper information according to Article 5 of this Decree when it is found or at the request of competent authorities.

5. Complying with the laws on intellectual property related to the provision and use of information;

6. Storing the information for at least 90 days from the day on which it is posted on the news website;

7. Making reports and facilitate the inspections carried out by competent authorities.

Article 25. Rights and obligations of organizations and enterprises that establish social networking sites

Rights and obligations of organizations and enterprises that establish social networking sites

1. Providing social networking site services for the public, except for banned services defined by law;

2. Announce the agreements on provision and use of social networking site services;

3. Take measures for protecting private information of users; notifying users of their rights, obligations, and risks when storing, exchanging, and sharing information online.

4. Ensuring the right to make decisions of users when they allow their personal information to be provided for other organizations, enterprises, and individuals;

5. Do not provide public information that violates Article 5 of this Decree;

6. Cooperating with competent authorities to eliminate or prevent information that violates Article 5 of this Decree at their request.

7. Providing private information of the users related to terrorism, crimes, and violations of law at the request of competent authorities;

8. Having at least 01 server system in Vietnam serving the inspection, storage, and provision of information at the request of competent authorities, and settlement of customers' complaints about the service provisions in accordance with regulations of the Ministry of Information and Communications;

9. Registering, storing, and managing personal information of the persons that establish personal websites and other information providers on social networking sites according to regulations of the Ministry of Information and Communications. Ensure that only the persons that provide accurately their personal information are allowed to establish personal websites or provide information on social networking sites.

10. Making reports and facilitate the inspections carried out by competent authorities.

Article 26. Rights and obligations of social networking site users

Apart from the rights and obligations of Internet users in Article 10 of this Decree, social networking site users also have the rights and obligations below:

1. Using services of the social networking sites, except for the banned services defined by law.

2. Having their private information kept confidential in accordance with law.

3. Complying with the Regulation on management, provision, and use of social networking site services;

4. Taking responsibility for the information stored, provided, and shared on social networking sites, or spread via direct links.

SECTION 3. PROVIDING INFORMATION SERVICES ON MOBILE NETWORKS

Article 27. Providing information services on mobile networks

1. Organizations and enterprises may only provide information services on mobile networks after registering the provision of information services on mobile networks as prescribed by the Ministry of Information and Communications.

2. Conditions for registering the provision of information services on mobile networks

a) The organization or enterprise is established within Vietnam’s law and is assigned or licensed to provide online information services.

b) The financial and technical capacity, organizational structure, and personnel are suitable for the operation scale;

c) Measures are taken for ensuring information safety and information security.

3. The Ministry of Information and Communications shall specify the procedure for registering the provision of information services on mobile networks, the connection between providers of online information services with mobile telecommunications companies, and other regulations related to the management, provision, and use of information services on mobile networks.

Article 28. Rights and obligations of providers of information services on mobile networks

Rights and obligations of providers of information services on mobile networks

1. Installing equipment systems at the locations to which they are entitled, hiring telecommunication transmission lines to connect to telecommunication enterprises.

2. Having at least 01 server system in Vietnam serving the inspection, storage, and provision of information at the request of competent authorities, and settlement of customers' complaints about the service provisions in accordance with regulations of the Ministry of Information and Communications;

3. Being given telecommunication numbers and Internet resources according to the planning and regulations on telecommunications resource management;

4. Providing information in accordance with relevant laws;

5. Establishing regulations and procedure for providing, using services and settling complaints in accordance with the regulations on management, storage, and transmission of digital information of the Law on Information technology and anti-spam laws;

6. Providing services consistently with the promised quality and prices;

7. Making reports and facilitate the inspections carried out by competent authorities.

Article 29. Rights and obligations of mobile telecommunication enterprises.

Rights and obligations of mobile telecommunication enterprises:

1. Cooperating with providers of information services on mobile networks on the basis of:

a) Negotiation, equitability, reasonability, ensuring the rights and interests of all parties;

b) Efficiently use of telecommunications resources and telecommunications infrastructure;

c) The safe and uniform operation of telecommunications networks;

d) Protection of the lawful rights and interests of telecommunications service users and relevant organizations and individuals;

dd) Provision of connection for providers of information services on mobile networks at any possible position on the telecommunications networks. The connection must be provided responsively, responsibly, and publicly;

e) Avoid discrimination by connection, prices, payment, technical regulations and standards, quality of networks and telecommunications services.

2. Refusing to connect to the organizations and enterprises that do not register the provision of information services on mobile networks according to Clause 1 Article 27 of this Decree;

3. Suspending or disconnecting with providers of information services on mobile networks that violate the regulations on service provisions at the request in writing of competent authorities.

4. Cooperating with providers of information services on mobile networks in settling complaints or customers’ disputes over charges and service quality.

5. Making reports and facilitate the inspections carried out by competent authorities.

Article 30. Rights and obligations of users of information services on mobile networks

Rights and obligations of users of information services on mobile networks:

1. Using information services on mobile networks, except for services banned by law;

2. Complying with the regulations on the use of information services on mobile networks and telecommunications services prescribed by law;

3. Checking and taking responsibility for the decision to use services;

4. Making complaints or denunciations if the services provided are not consistent with the services announced or promised by the service provider.