Chapter 5.
ASSURANCE OF INFORMATION SAFETY AND INFORMATION SECURITY.
Article 38. Principles on assurance of information safety and information security
1. Providers and users of Internet services and online information are responsible for ensuring information safety and information security within their information system; cooperating with competent authorities, other organizations and individuals in ensuring online information safety and information security.
2. Measures for ensuring online information safety and information security must be regularly taken and comply with technical regulations and standards of information safety and the laws on telecommunications and Internet service quality.
Article 39. Responsibility of the State for information safety and information security.
1. The Ministry of Information and Communications shall:
a) Promulgate or request competent authorities to promulgate and organize the implementation of legislative documents, strategies, planning, technical regulations and standards on information safety;
b) Provide guidance, develop human resources; carry out scientific research and application to information safety assurance;
c) Seek international cooperation in information safety assurance;
d) Carry out inspections, settling disputes, complains, denunciations, and take action against violations of laws on information safety assurance;
dd) Coordinate the works of units to ensure information safety for the Ministries, agencies, local governments and enterprises;
e) Cooperate with the Ministry of Public Security in instructing telecommunication enterprise, Internet service providers, providers of public online information to prepare premises, connection ports, and necessary technical measures for ensuring information safety and information security;
g) Specify the registration, storage, and use of personal information of individuals that post information on social networking sites, G1 game players, and user of other services on the Internet; the comparison of such information with the identity database of the Ministry of Public Security.
2. The Ministry of Public Security shall:
a) Promulgate or request competent authorities to promulgate and organize the implementation of legislative documents on information security;
b) Provide guidance, develop human resources, carry out scientific research and application of technologies to information security assurance;
c) Seek international cooperation in information security assurance;
d) Carry out inspections, settling disputes, complains, denunciations, and take action against violations of laws on information security assurance;
dd) Organize and provide guidance on collecting, detecting, investigating, processing information and documents related to the provision and use of internet services and online information for threatening national security, social order and safety, state secrets, or committing other crimes;
e) Organize the development and use of identity database to connect with providers of online services to verify personal information serving the management, provision, and use of online information and services.
3. Government Cipher Agency - the Ministry of National Defense shall:
a) Formulate and request the promulgation of legislative documents on information security assurance;
b) Preside the management of research, production, trading, and use of information security codes;
c) Conduct inspections, assessments, and certification of conformity of products using information security codes.
4. The Ministry of Education and Training shall:
a) Propagate the laws on Internet among students; instruct and enable students to use Internet for beneficial and practice activities serving their study, their life, and their families;
b) Take measures for warning and supervising to prevent students from negative impacts of harmful information and applications on the Internet;
c) Provide training in information safety in universities and colleges that provide training in information technology and telecommunications.
5. The Ministry of Labor, War Invalids and Social Affairs shall take measures for protecting children, adolescents and young people from harmful info and application on the Internet.
6. Ministries, ministerial agencies, and Governmental agencies, within their competence, shall cooperate with the Ministry of Information and Communications and the Ministry of Public Security in state management of information safety and information security.
7. Provincial People’s Committees, within their competence, shall perform state management of information safety and information security.
Article 40. Management of technical regulations and standards on information safety
1. Certification of conformity of information system with information safety regulations (hereinafter referred to as conformity certification) is the certification that the information system is conformable with technical regulations promulgated by the Ministry of Information and Communications and mandatory information safety standards established by the Ministry of Information and Communications.
2. Declaration of conformity of information system with information safety regulations is the organization or enterprise declaring the conformity of the information system with the technical regulations and standards on information safety.
3. Owners of information systems shall carry out conformity certification and conformity declaration in accordance with regulations of the Ministry of Information and Communications.
4. Conformity certification bodies are the units accredited or assigned by the Ministry of Information and Communications to carry out conformity certification.
5. The Ministry of Information and Communications shall specify the certification and declaration of conformity with regulations on information safety; make a list of information systems that need conformity certification and declaration; appoint and accredit certification bodies.
Article 41. Providing information safety services
1. Information safety services are to protect information and information systems, including consultancy, inspection, assessment, supervision of information systems, and relevant services.
2. The Ministry of Information and Communications shall provide guidance on the provision of information safety services.
Article 42. Classification of information systems
1. Classification of information systems are the assessment and determination of importance of such information systems to the entire information and communication infrastructure, economic and social development, national defense and security for providing solutions for assurance of information safety and information security.
2. The Ministry of Information and Communications shall cooperate with the Ministry of Public Security, relevant Ministries and agencies in formulating and organizing the regulations on classification of information systems, making the list of information systems of national importance, requirements for information safety and information security of information systems of national importance.
Article 43. Network emergency response
1. Computer emergency response is to handle and resolve the accidents that threaten online information safety.
2. Computer emergency response must:
a) Be responsive, accurately, and efficient;
b) Comply with the direction of the Ministry of Information and Communications;
c) Seek cooperation with Vietnamese and international organizations and enterprises.
3. Ministries, ministerial agencies, Governmental agencies, telecommunication enterprise, Internet service providers, the organizations in charge of information systems of national importance shall form or appoint computer emergency response teams (CERT) to take actions within their competence and cooperate with Vietnam Computer Emergency Response Team (VNCERT)
4. The Ministry of Information and Communications shall formulate and organize the implementation of regulations on coordinating network emergency response.
Article 44. Responsibility of organizations and enterprises for information safety and information security
Vietnamese enterprises, Internet service providers, providers of online information, game service providers are responsible for:
1. Deploying technical systems and techniques to ensure information safety and information security.
2. Instructing Internet agents, public Internet access points, and gaming centers to take measures for ensuring information safety and information security.
3. Preparing premises, connection ports, and necessary technical conditions for competent authorities to ensure information safety and information security at the request of the Ministry of Information and Communications and the Ministry of Public Security.
4. Promulgating and implementing internal regulations, procedures for operating, providing, using services, and regulations on cooperation with the Ministry of Information and Communications and the Ministry of Public Security in assurance of information safety and information security.
Tìm kiếm
Nghị định 72/2013/NĐ-CP (Bản Word)
Nghị định 72/2013/NĐ-CP (Bản Pdf)