CIRCULAR No. 05/2008/TT-BTTTT OF NOVEMBER 12, 2008 ...

60 OFFICIAL GAZE" tE Issue nos 07-09/November 2006(Cong Bio nos 615-616Movember26, 2008)CIRCULAR No. 05/2008/TT-BTTTT OFNOVEMBER 12, 2008, GUIDING ANUMBER OF ARTICLES OF THEGOVERNMENT'S DECREE No. 97/2008/ND-CP OF AUGUST 28, 2008, ON THEMANAGEMENT, PROVISION AND USEOF INTERNET SERVICES ANDELECTRONIC INFORMATION ON THEINTERNET•THE GOVERNMENTPursuant to the May 25, 2002 Ordinance onPost and Telecommunications; •Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25,2007, defining thefunctions, tasks, powers and organizationalstructure of the Information and CommunicationMinistry;Pursuant to the Government's Decree No. 160/2004/ND-CP of September 3,2004, detailing theimplementation of a number of articles of theOrdinance on Post and Telecommunicationsregarding telecommunications;services and electronic information on the Internet(below referred to as the Decree), regardingInternet services as follows:1. Internet application services intelecommunications specified at Point c,Clause 9, Article 3 of the Decree include thefollowing:1.1. Value-added telecommunications servicesspecified in Clause 4, Article 13 of theGovernment's Decree No. 160/2004/ND-CP of. September 3,2004, detailing the implementationof a number of articles of the Ordinance on Postand Telecommunications regardingtelecommunications;1.2. Internet phone services, including localand international PC-to-PC and international PCto-Phoneservices;1.3. Services of sending text messages fromthe Internet to the mobile telecommunicationsnetwork and fixed telecommunications network.2. The-provision and use of Internet phoneservices are as follows:Pursuant to the Government's Decree No. 97/2008/ND-CP of August 28, 2008, on themanagement, provision and use of Internetservices and electronic information on theInternet;The Information and Communication Ministryguides a number of articles of the Government'sDecree No. 97/2008/ND-CP of August 28, 2008,on the management, provision and use of Internet2.1. When providing Internet phone services,Internet service providers shall:a/ Comply with the provisions of Clause 2,Article 7 of the Decree;b/Provide only Internet phone services of thetypes specified in Clause 1, Point 1.2 of thisCircular;c/ Have Vietnam-based systems for computingcharges and managing customer data and services,

Issue nos 07-Q9/November2008 OFFiClAL GAZETTc 61(Cong Bao nos 615-616/November26,2008)which are operated by themselves for directlyproviding services to the public;d/ Supply sufficient information on thepayment of service charges; verify and accuratelyrespond to customer complaints about chargerates, cards and service quality.2.2. Organizations and individuals may neitherprint, issue and sell Internet cards nor resell inany form Internet phone services provided byenterprises without licenses for provision oftelecommunications (Internet phone) servicesgranted by the Information and CommunicationMinistry.3. When providing wireless broadbandInternet access services using WLANtechnology (Wi-Fi Internet access services),Internet service providers shall:3.1. Comply with the provisions of Clause 2,Article 7 of the Decree;3.2. Install radio signal receiving-transmittingequipment using WLAN technology in order toprovide service coverage areas to hotspots.Frequency and output power of such equipmentcomply with regulations on management of radiofrequencies;3.3. Hire telecommunications transmissionlines (wire or wireless) of network infrastructureproviders in order to establish transmission linesbetween their Internet equipment networks andhotspots.4. The deployment of equipment andfacilities and technical and operational plansto assure information safety under Point e,Clause 2, Article 7 of the Decree is as follows:4.1. Internet service providers shall work outcontingency plans on transmission lines, serversystems, network equipment, data reproductionand storage and backup power sources in order toensure that services are provided in a continuousand uninterrupted manner;4.2. They shall install systems of equipment andfacilities to monitor and supervise the operation ofInternet equipment networks in order to ensure thatthese networks satisfy standards and technicalregulations on networks and service quality;4.3. They shall work out managementsolutions and processes in order to assureinformation safety under standards and technicalregulations on information safety and instructionsof the Vietnam Computer Emergency ResponseTeam (VNCERT), at least covering the followingsystems: the system for monitoring and combatingunauthorized network access; the system offirewalls capable of controlling access at theapplication level; the system for managingtechnical log files;and the anti-spam system;4.4. They shall take part in computeremergency response activities by:a/Reporting on incidents or danger of incidentsthreatening Internet safety to VNCERT (theVietnam Computer Emergency Response Team,the Information and Communication {Ministry, at18 Nguyen Du street, Hai Ba Trung district, Hanoi,which is reachable at the email addressir@vncert.vn, website addresswww.vncert.gov.vn/ir.html or the telephone

62 OFFICIAL GAZETTE Issue nos 07-09/November 2008(Cong Bio nos 615-616Movember26,2008)number posted on the website www.vncert.gov.vn),within 24 hours after receiving writteninformation on these incidents. The report formis posted on the website www.vncert.gov.vn;b/ Arranging hot lines to respond to computernetwork incidents to the VNCERT and ensurethese hot lines stay reachable around the clock;c/ Obeying the assignment by VNCERT inassuring information safety on the Internet;4.5. They shall install fire and explosionprevention and fighting systems under the law onfire and explosion prevention and fighting.5. The notification of the time of startingthe official provision of services under Point j,Clause 2, Article 7 of the Decree shall be madeas follows:5.1. Mode of notification: Written or emailednotices;5.2. Addresses to send notices:a/ The Information and CommunicationMinistry (the Telecommunications Department),at 18 Nguyen Du street, Hai Ba Trung district,Hanoi; email address: vnvienthong@mic.gov.vn.b/ The Public Security Ministry: TheDepartment of Economic Security Protection - theGeneral Department of Public Security - thePublic Security Ministry, at 15 Tran Binh Trongstreet, Hanoi; email addresses:cucbaoveankt@vnn.vn and Phongantt@ vnn.vn;5.3. Notices shall be made according to a setform.6. The reporting regime under Point m,Clause 2, Article 7 of the Decree shall beimplemented as follows:6.1. Reports to the Information andCommunication Ministry6.1.1. Monthly reportsa/ Deadline: Before the 10 th of every month,enterprises shall report on information of thepreceding month.b/ Reporting contents:- Development of Internet subscribers;- Internet application services intel ecommunications;- Internet connection;Specific contents shall be reported byenterprises according to Appendix 2 to thisCircular: Form of monthly report on statistics onthe Internet to the Information andCommunication Ministry (not printed herein).c/ Reporting mode and addresses to sendreports: Reports shall be sent via the website http://thongkeintemet.mic.gov.vn. Particularly forDecember, apart from sending reports via thiswebsite, enterprises shall send written reports tothe address: the Telecommunications Department- the Information and Communication Ministry,at 18 Nguyen Du street, Hai Ba Trung district,Hanoi; or to the email address:vuvienthong@mic.gov.vn;6.1.2. Annual reportsa/ Deadline: Before the 15 th of January even'year, enterprises shall report on information of the

Issue nos 07-Q9/November2008(Cong Bao nos615-61&November26,2008)OFFICIAL GAZETI E63preceding year.b/ Reporting contents:- Total turnover from Internet services;- Annual growth rate;-Proposals (if any);Specific contents shall be reported byenterprises according to Appendix 3 to thisCircular: Form of annual report on the provisionof Internet services (not printed herein);d Reporting mode and addresses to sendreports: Written reports shall be sent to theInformation and Communication Ministry (theTelecommunications Department), at 18 NguyenDu street, Hai Ba Trung district, Hanoi;6.2. Reports to provincial-level Informationand Communication ServicesInternet service providers shall report directlyor guide their branches or member units operatingin provinces or centrally run cities in reporting onthe development of Internet subscribers andInternet application services in telecommunicationsto provincial-level Information andCommunication Services as follows:a/ Deadline: Before the 10 th every month,enterprises shall report on information of thepreceding month;b/ Reporting contents:- Development of Internet subscribers;- Internet application services intelecommunications;Specific contents shall be reported byenterprises according to Appendix 4 to thisCircular: Form of monthly report on statistics onthe Internet to provincial-level Information andCommunication Services (not printed herein).d Reporting mode and addresses to sendreports to provincial-level Information andCommunication Services shall be announced onthe website of the Information andCommunication Ministry (www.mic.gov.vn) andwebsites of provincial-level Information andCommunication Services.6.3. Reports on Internet service quality:Enterprises shall report on Internet service qualityunder the Information and CommunicationMinistry's regulations on management oftelecommunications service quality.7. The reporting regime under Point f,Clause 2, Article 8 of the Decree shall beimplemented as follows:7.1. Owners of private Internets specified inClause 1, Article 14 of the Decree shall sendreports to the Information and CommunicationMinistry under the following regulations:a/Time limit and deadline:- Within ten (10) days after commencementof operation;- Before the 15 th of January every year,b/ Reporting contents:- Name and office address of the unit;- Address of the place where the Internetequipment system is installed;- Scope and target subjects and a detailed listof network members;

64 iCIAL GAZETTE Issue nos 07-OS/November 2008(Cong Bao nos 615-616/November26, 2- Network configuration, channel hire,connection and equipment and facilities used forthe provision of Internet services;- Internet services currently provided to thenetwork members.c/ Reporting mode and address to send reports:Written reports shall be sent to the Informationand Communication Ministry (theTelecommunications Department), at 18 NguyenDu street, Hai Ba Trung district, Hanoi.7.2. Owners of private Internets specified inClause 2, Article 14 of the Decree shall makeirregular reports at the request of the Informationand Communication Ministry and provincial-levelInformation and Communication Services.8. Daily opening and closing time ofInternet agents specified at Point f, Clause 3,Article 9 of the Decree is as follows:Provincial-level People's Committees shallspecify daily opening and closing time applicableto Internet agents in their respective localities andsuitable to local economic, cultural and socialconditions and characteristics.9. The provisions of Point a, Clause 2,Article 12 of the Decree are understood asfollows:Internet service users may use Internet accessservices and specialized application services onthe Internet in economic, cultural and socialdomains if they can ensure not to violate theprovisions of Article 6 of the Decree, provisionsof the law on telecommunications and informationtechnology and other relevant laws.Banned services are services banned by lawfrom being provided and used, regardless ofwhether they are provided online or in realityunder current legal documents.10. The establishment and operation ofInternet exchanges specified in Clause 1,Article 16 of the Decree must comply with thefollowing provisions:10.1. Enterprises with licenses for provisionof telecommunications services and Internetaccess services may establish Internet exchangesto exchange domestic Internet data flow amongInternet service providers and between theseproviders and private Internets.10.2. The Vietnam National Internet Exchange(VNIX) and Internet exchanges of Internet serviceproviders may not exchange data flow amongprivate Internets. '«.-11. Operation of the VNIX specified inClause 3, Article 16 of the Decree is as follows:11.1. Principles for connection to the VNIX:a/ Internet service providers and privateInternets licensed by the Information andCommunication Ministry under Point a, Clause1, Article 14 of the Decree may connectthemselves to the VNIX;b/ Internet equipment networks connected tothe VNIX shall use independent networkidentification numbers and Internet Protocoladdresses issued and managed by the Vietnam

Issue nos 07-Q9/November 2003(Cong Bao nos 615-616/November26,2008)65Internet Center;c/ Transmission lines and equipment used forconnection to the VNIX must be technicallycompatible with the VNIX portal under theguidance of the Vietnam Internet Center;d/ The establishment of Internet equipmentnetworks and lease of channels for connection tothe VNIX comply with the law ontelecommunications.11.2. The Vietnam Internet Center shall:a/ Establish and manage the VNIX;b/ Comply with the provisions of Clause 4 ofthis Circular;c/ Guide and create conditions for Internetservice providers and private Internets to connectto the VNIX under regulations;d/ Collect and use contributions to thedevelopment and maintenance of the VNIX, tocover its operation costs on the non-profitprinciple;e/ Practice separate cost-accounting for theoperation of the VNIX.11.3. Internet service providers connected tothe VNIX shall:a/ Comply with professional guidance of theVietnam Intemet Center;b/ Coordinate with the Vietnam Intemet Centerin ensuring safe and efficient operation of theVNIX;c/Make aligned, equal and non-discriminatoryconnections; refrain from preventing domesticinformation from entering or leaving their Internetequipment networks through the VNIX in orderto ensure that Internet users may access Internetservices under law;d/ Contribute operating funds underregulations.12. Renewal of licenses12.1. All Internet service providers possessinglicenses for provision of services under theGovernment's Decree No. 55/2001/ND-CP ofAugust 23,2001, on management, provision anduse of Intemet services, shall carry out proceduresfor renewing their licenses within six months afterthe effective date of this Circular.12.2. Within 20 working days after receivingvalid dossiers of Intemet service providers, theInformation and Communication Ministry shallgrant new licenses in compliance with theGovernment's Decree No. 97/2008/ND-CP ofAugust 28,2008, on management, provision anduse of Intemet services and electronic informationon the Internet, to replace all licenses alreadygranted to these Intemet service providers underthe Government's Decree No. 55/2001/ND-CPof August 23, 2001, on management, provisionand use of Intemet services;12.3. The validity term of an Internet serviceprovider's new license is determined to be thelongest remaining validity term of any of itsgranted licenses;12.4. Services stated in an Internet serviceprovider's new license include those on the list ofservices it is providing and services it committed

OFFICIALIssue nos 07-09/November 2006(Cong Bao nos 615-616/November26,2003}to provide within two years after license(s) grantedunder Decree No. 55/2001/ND-CP of August 23,2001, is (are) issued;12.5. During the time of carrying outprocedures for renewing licenses under thisClause, Internet service providers may continuetheir normal operation;12.6. Adossier of application for renewal of alicense comprises:a/ An application for renewal of a license;b/ Copies of valid licenses;c/A report on implementation of the grantedlicense(s), stating the time of starting theimplementation; the diagram of the presentnetwork; services currently provided and thescope of provision of each service; servicesstated in the license(s) but not yet provided bythe Internet service provider that has, however,committed to provide these services within twoyears after the license(s) granted under DecreeNo. 55/2001/ND-CP of August 23,2001, is(are)issued;12.7. Internet service providers shall announce,under Clause 5 of this Circular, their licensedservices for which there is no official writtenpermission for provision to the public under theGovernment's Decree No. 55/2001/ND-CP ofAugust 23,2001, on management, provision anduse of Internet services.13. Effect:13.1. This Circular takes effect 15 days afterits publication in "CONG BAO."13.2. Any problem arising in the course ofimplementation should be reported to theInformation and Communication Ministry forconsideration and solution.Minister of Information andCommunicationLEDOANHOP.