Chương III Thông tư 31/2017/TT-BTTTT: Hoạt động giám sát của bộ thông tin và truyền thông

Chapter III

SURVEILLANCE BY THE MINISTRY OF INFORMATION AND COMMUNICATIONS

Article 10. Models of surveillance by the Ministry of Information and Communications

1. Central surveillance:

a) The central surveillance includes the collection, surveillance, detection, analysis, processing of, report on and collection of evidence for cyber information security intrusions, risks and incidents according to data/information on cyber information security collected by direct surveillance through the basic monitoring system or indirect surveillance; storage of collected data in the form of events and centralized management of basic monitoring systems;

b) The central surveillance shall be carried out through the cyber-security surveillance system and the system for dealing with intrusions into Vietnam internet managed and operated by competent authorities affiliated to the Ministry of Information and Communications according to principles of date sharing and connection for improve the surveillance effectiveness.

2. The basic monitoring system:

a) The basic monitoring system is comprised of equipment and software able to monitor, collect, analyze and provide information on log files, status and warnings for the central surveillance to serve the analysis and detection of incidents, weakness, risks and gaps of cyber information security;

b) The basic monitoring system is provided with technical conditions and is installed in a position suitable for operating and collecting data from entities under surveillance according to instructions provided by regulatory authorities affiliated to the Ministry of Information and Communications;

c) The competent authorities affiliated to the Ministry of Information and Communications shall take charge and cooperate with the manager of information system in setting up, managing and operating this system in accordance with regulations of law

d) Equipment/software for basic monitoring shall be set up to connect and serve the central surveillance based on standards and technical regulations or instructions of the Ministry of Information and Communications.

Article 11. Surveillance by the Ministry of Information and Communications

1. The Ministry of Information and Communications shall monitor systems and technology and information serving the electronic government.

2. At the request of managers of information systems, the Ministry of Information and Communications shall monitor important information systems in need of ensuring cyber information security in conformity with actual resources.

3. The central surveillance by the Ministry of Information and Communications shall ensure the receipt and analysis of information on surveillance collected from the basic monitoring system, equipment and system for indirect surveillance.

4. Surveillance by the Ministry of Information and Communications includes the following activities:

a) Selecting, managing and updating the list of entities under surveillance prescribed   in this Circular and other relevant legal documents;

b) Monitoring and watching the surveillance center, making reports on surveillance analysis; inspect and accelerate the surveillance and surveillance;

c) Consolidating, retaining, analyzing and classifying the information and data collected from the basic monitoring system, equipment and system for indirect surveillance and other information sources;

d) Inspecting and analyzing evidence and data to detect unusual signs and risks to cyber information security. If the risks or incidents have not been verified, taking supplemental measures for collecting more necessary information and data in order to increase the accuracy of analysis results and warning information;

dd) Carrying out investigation and verification to determine risks and incidents happened to entities under surveillance. Analyzing and classifying cyber information security risks and incidents according to specific situation, warnings departments in charge of cyber information security, organizations operating information systems (hereinafter referred to as “operator”) and managers of information systems when detecting intrusions, risks and incidents happened to entities under surveillance;

e) Providing instructions on surveillance by managers of information systems; creating and providing instructions on connection between the surveillance systems of managers of information systems and systems for central surveillance of the Ministry of Information and Communications; maintaining the information security during the collection and analysis thereof;

g) Regularly collecting surveillance results, warning and handling of cyber information security intrusions, risks and incidents for retention and report;

h) Instructing and helping operators and managers of information systems to respond to and handle cyber information security intrusions, risks and incidents if necessary;

i) Assisting certain operators and managers of information systems in setting up basic monitoring systems in conformity with actual resources; and

k) Competent authorities affiliated to the Ministry of Information and Communications shall make annual cost estimates, approve and distribute funding provided by the state budget and other legal source of funding for carrying out surveillance activities in accordance with regulations of law and instructions provided by competent authorities and submit their cost estimates to the Minister or competent authorities for approval.