Circular N° 09/2014/TT-BTTTT, de 19 de agosto de 2014 del Ministerio de Información y Comunicaciones que detalla las actividades de gestión, suministro y uso de información en sitios de información electrónica y redes sociales., Viet Nam

MINISTRY OF INFORMATION AND

COMMUNICATIONS

No.: 09/2014/TT-BTTTT

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

Hanoi, August 19th, 2014

CIRCULAR

Detailing management, provision and use of information on websites and social networks

Pursuant to Decree No.132/2008/ND-CP dated December 31st, 2008 of the

Government defining the functions, tasks, powers and organizational structure of the

Ministry of Information and Communications;

Pursuant to Decree No. 72/2013/ND-CP dated July 15th, 2013 of the Government on

management, provision and use of Internet services and online information;

At the proposal of the Director General of Authority of Broadcasting and Electronic

Information,

Minister of Information and Communications issues the Circular detailing on the

management, provision and use of information on websites and social networks

Article 1. Scope of adjustment and subjects of application

1. This Circular details management, provision and use of information on websites and

social networks.

2. This Circular applies to domestic organizations and individuals, foreign organizations

and individuals directly involved in or related to management, provision and use of information

on websites and social networks.

Article 2. General provisions

1. Websites shall not be subject to licensing:

a) Internal websites specified in Clause 3, Article 20 of Decree No. 72/2013/ND-CP

dated July 15th, 2013 of the Government on management, provision and use of Internet services

and online information (hereafter referred to as Decree No. 72/2013/ND-CP).

b) Personal websites specified in Clause 4, Article 20 of Decree No. 72/2013/ND-CP.

Individuals have the right to share the information that do not violate the provisions of

Article 5 of Decree No. 72/2013/ND-CP on personal websites and take responsibility before law

for contents of the information being posted and shared; do not represent for an organization or

another individual and do not provide general information.

c) Websites of state agencies providing information specified in Article 10 of Decree No.

43/2011/ND-CP on June 13th, 2011 of the Government on provision of online information and

public services on websites or web portals of state agencies.

d) Specialized websites specified in Clause 5, Article 20 of Decree No. 72/2013/ND-CP

shall not be subject to licensing under the provisions of this Circular but shall comply with

provisions of the specialized law and relevant regulations.

e) Internal forums for exchange, question and answer of internal information directly

related to the functions, tasks, powers and organizational structure, services, products,

professions serving for activities of such agencies, organizations and enterprises.

2. Websites shall be subject to licensing:

a) General websites specified in Clause 2, Article 20 of Decree No. 72/2013/ND-CP.

When providing general information, internal websites, specialized websites and social

networks shall apply for licensing as for general websites.

General websites of press agencies: Licensing as for general websites.

b) Social networks

If establishing social networks, internal websites, specialized websites and general

websites shall apply for licensing as for social networks.

Organizations and enterprises establishing social networks shall be responsible under

provisions of the law for contents of information they provided.

3. Homepage of website shall fully provide information: Name of organization managing

the website; name of managing agency (if any); contacts, email, contact phone number, name of

the person responsible for content management.

In addition to the above contents, general websites, general websites of press agencies,

social networks shall specify the number of license that is still valid, the date, month, year of

issuance, licensing agency.

4. When citing information, general websites shall comply with provisions on

information sources specified in Clause 18, Article 3, Clause 2, Article 20 of Decree No.

72/2013/ND-CP; do not post comments, reviews of readers on the cited news and articles (except

general websites of press agencies).

5. After 90 (ninety) days from the effective date of the license, if licensed organization or

enterprise does not set up the general website, social network, then the license will be no longer

valid.

6. When having changes in owners of general websites or social networks, the licensed

general websites or social networks shall fulfill procedures as for granting of new license as

prescribed in this Circular within 30 days of the transfer. Licensing dossier, in addition to the

documents specified in Article 6 of this Circular, shall be accompanied by the original of the

granted license.

7. Personal information includes:

Full name;

Date of birth;

ID card number or passport number, date and place of issuance;

Phone number, email address

In case internet users are under 14 years old and have no passports, legal guardians

decide the registration of their personal information to express the permission and take

responsibility before law for such registration.

Article 3. Conditions of personnel specified at Point b, Clause 5, Article 23 of Decree

No. 72/2013/ND-CP licensing to establish general websites, social networks

1. Conditions on personnel to be responsible for management of information contents.

a) Head of organization, enterprise is the person responsible before the law for

management of contents provided on the general website and social network;

b) Person responsible for management of contents shall be a university graduate or

equivalent or higher, having Vietnamese nationality. For foreigners, they shall have temporary

residence for at least 6 months in Vietnam.

c) Person responsible for management of contents is responsible for providing regular

telephone contact, e-mail address for state management agencies at central and local level to

coordinate and handle when necessary.

d) Head of organization, enterprise may assign tasks to his deputies to be responsible for

management of information contents;

e) Organizations, enterprises establishing general websites, social networks shall

establish their divisions of information content management.

2. Conditions on personnel of technical division.

Technical management division shall have at least 01 person who meets provisions at

Point g, point h, Clause 2, Article 2 of the Circular No. 03/2014/TT-BTTTT dated March 11th,

2014 of Ministry of Information and Communications promulgating skill standards of using

information technology.

Article 4. Financial and technical conditions specified in point d, Clause 5 of Article

23 of Decree No. 72/2013/ND-CP licensing to establish general websites, social networks.

1. Organizations, enterprises applying for licenses of general websites, social networks

shall have a financial plan to ensure technical equipment system establishment specified in

Clause 2 of this Article to maintain operations in the effective time of the license.

2. Technical conditions

To establish technical equipment systems with the capacity of meeting the following

requirements:

a) For general websites: To store at least 90 (ninety) days for general information

contents from the time of posting; to store at least 02 (two) years for log of processing posted

information;

b) For social networks: To store at least 02 (two) years for information about the account,

time of login, logout, IP address of user and log of processing posted information;

c) To receive and handle warning of violating information from users;

d) To detect, warn and prevent illegal access, forms of attack in the network environment

and comply with safety standards of information;

e) To have contingency plans to ensure maintenance of safe, continuous operations and

troubleshoot when problems occur, except in cases of force majeure as defined by law;

f) To make sure to have at least 01 (one) server system located in Vietnam, allowing at

any given time to meet the inspection, testing, storage, provision of information on all websites,

social networks owned by organizations, enterprises as defined in points a, b, c, d and e, Clause 2

of this Article.

3. In addition to ensuring technical conditions specified in Clause 2 of this Article, the

technical system establishing social networks shall be able to meet the following requirements:

a) To register, store the personal information of members specified in Clause 7, Article 2

of this Circular.

b) To implement the authentication of service users through messages sent to the phone

number or to e-mail when registering to use the service or changing personal information.

c) To prevent or remove information violating the provisions of Article 5 of Decree No.

72/2013/ND-CP upon request from the competent state agency;

d) To establish a mechanism to warn members when posting information with violating

contents (filter);

e) To be ready to connect, authenticate the personal information with electronic database

of identity card or national personal identification number system as required by competent

authorities.

Article 5. Conditions on management of information and domain names specified at

Points c, e, Clause 5, Article 23 of Decree No. 72/2013/ND-CP licensing to establish general

websites, social networks.

1. Conditions on information management for general websites.

a) To have the process of public information management: To identify the scope of

exploiting information sources, management mechanism, verify the information before and after

posting;

b) To have mechanism to control information sources, ensuring posted general

information to be accurate in accordance with the original information;

c) To have a coordination mechanism to be able to immediately remove contents that

violate Clause 1, Article 5 of Decree 72/2013/ND-CP, no later than 03 (three) hours of self-

discovery or upon requests of competent state agencies (in writing, by telephone, emain( �

2. Conditions on information management for social networks:

a) To have agreement on provision and use of social network services consistent with the

provisions of Decree No. 72/2013/ND-CP and to be posted on the homepage of social networks;

b) To ensure that users must agree with the agreement to use social network services by

online method to be able to use services and utility of social networks;

c) To have a coordination mechanism to be able to immediately remove contents that

violate Clause 1, Article 5 of Decree 72/2013/ND-CP, no later than three (03) hours of self-

discovery or upon requests of competent state agencies (in writing, by telephone, emain( �

d) To take measures to protect confidentiality of private information, personal

information of users;

e) To ensure decision right of users to allow collection of their personal information or to

provide for organizations, enterprises or other individuals.

3. Conditions on domain name:

a) For organizations, enterprises that are not press agencies, the character sequence

creating the domain name shall not be the same or identical to the name of the press agencies.

b) General websites and social networks of the same organizations, enterprises shall not

use the same domain name.

c) The domain name shall have a valid using time of at least 06 (six) months at the time

of applying for the license and shall comply with the provisions of the Ministry of Information

and Communications stipulating management and use of Internet resources.

Article 6. Dossier of applying for license to establish general websites, social

networks

1. Dossier of applying for license to establish general websites

The dossier of applying for license is made in 01 set, including:

a) An application for license to establish the general website in accordance with the form

of Ministry of Information and Communications (form 01).

b) A certified copy of one of the following documents: Certificate of business registration

(for enterprises established under Enterprise Law); Investment Certificate (for enterprises

established under Investment Law); Establishment Decision (for organizations which are not

enterprises); Press operation license (for press agencies); Operation charter (for mass

organizations).

Certificate of business registration, investment certificate, establishment decision shall

have business lines, business area or functions and duties in accordance with the contents of

information provided on the general website.

c) A certified copy of the university degree or equivalent and above and curriculum vitae

of the person responsible for content management certified by the competent state agency, with

photo and affixed seal.

d) An operation scheme with signature, seal of the head of the organization, enterprise

applying for license. The scheme includes the following main contents:

About the information content: Aim of providing information; information content,

expected categories; official information sources, printouts of homepage and main category

pages;

Plan for organization, staffing, technique, information management and finance to ensure

operation of the general website to be in accordance with the provisions of Clause 5, Article 23

of Decree No. 72/2013/ND-CP and meet conditions specified in Articles 3, 4 and 5 of this

Circular;

The location of server system is in Vietnam.

e) The written consent of the organizations that provide information sources to ensure

legality of information sources.

2. Dossier of applying for license to establish social networks

The dossier of applying for license is made in 01 set, including:

a) An application for license to establish the social network in accordance with the form

of the Ministry of Information and Communications (form 02)

b) A certified copy of one of the following documents: Certificate of business registration

(for enterprises established under Enterprise Law); Investment Certificate (for enterprises

established under Investment Law); Establishment Decision (for organizations which are not

businesses).

Certificate of business registration, Investment Certificate, Establishment Decision shall

have business lines, business areas or functions and duties in accordance with types of social

network service intended to provide.

c) A university degree or equivalent and above (certified copy) and a curriculum vitae of

the person responsible for content management certified by the competent state agency, with

photo and affixed seal.

d) An operation scheme with signature, seal of the head of the organization, enterprise

applying for license. The scheme includes the following main contents:

Methods of organizing the social network, types of service, scope, field of exchanged

information;

Plan for organization, staffing, technique, information management and finance to ensure

operation of the social network to be in accordance with the provisions of Clause 5, Article 23 of

Decree No. 72/2013/ND-CP and meet the conditions specified in Articles 3, 4 and 5 of this

Circular;

The location of server system is in Vietnam.

e) The agreement on provision and use of social network services shall have at least the

following contents:

Contents that are prohibited to exchange and share on the social network;

Rights and responsibilities of people using social network services;

Rights and responsibilities of organization, enterprise establishing the social network;

Mechanisms to deal with members that violate the agreement on provision and use of

social network services;

Warning for users of the risks when storing, exchanging and sharing information on the

Internet;

Mechanism for resolving complaints and disputes between members of the social

network with organization, enterprise establishing the social network or with other organizations

and individuals;

Disclosure of whether to collect, handle personal data of service user in the agreement on

provision and use of social network services or not;

Policies on protecting personal information, private information of users of social

network services

Article 7. Competence, processes, procedures of licensing to establish general

websites, social networks

1. Competence of licensing

a) Ministry of Information and Communications grants licenses to establish social

networks.

b) Authority of Broadcasting and Electronic Information grants licenses to establish

general websites for the following subjects

Press agencies;

Diplomatic missions and consulates; organizations under the Central government (except

for cases granted by Department of Information and Communications);

Religious organizations operating legally in Vietnam;

Foreign governmental and non-governmental organizations operating legally in Vietnam;

Departments of Information and Communications of provinces and cities under central

authority

c) Departments of Information and Communications of provinces and cities under central

authority grant licenses to establish general websites for the following subjects:

Organizations and enterprises granted establishment decisions, operating licenses or

operating registrations by local management agencies;

Organizational systems (line) of organizations under the central government in localities

(including organizations in the state system, political organizations, socio-political organizations,

social organizations, state enterprises);

Universities, academies, colleges, educational institutions, vocational training institutions

with headquarters in localities;

Enterprises granted operating licenses by state management agency under the central

government with headquarters in localities;

Subordinate units of corporations with headquarters in localities.

d) Departments of Information and Communications of provinces and cities under central

authority receive and check validity of dossiers applying for licenses for general websites of

press agencies in localities and have documents (attached to dossiers) to recommend Authority

of Broadcasting and Electronic Information to consider for licensing.

2. Processes, procedures of licensing to establish general websites

a) Dossiers applying for licensing are sent directly or by post to agencies with licensing

competence under the provisions of Article 23 of Decree No. 72/2013/ND-CP and Clause 1 of

this Article;

b) Within 15 (fifteen) working days from the date of receipt of valid dossiers, the

competent authority shall consider for licensing to establish general websites. In case of refusal,

the competent authority shall have a written reply, clearly stating the reasons.

c) Within 05 (five) working days after the receipt of valid dossiers of local press

agencies, Departments of Information and Communications of provinces and cities are

responsible for evaluation and transfer of dossiers accompanied by a written request for licensing

to the Authority of Broadcasting and Electronic information. Where the dossier is invalid,

Department of Information and Communications shall have a written reply, clearly stating the

reasons.

3. Processes, procedures of licensing to establish social networks.

a) Dossiers applying for licensing are sent directly or by post to the Authority of

Broadcasting and Electronic Information;

b) Within 30 (thirty) working days from the receipt of valid dossiers, the Authority of

Broadcasting and Electronic Information shall evaluate and submit them to the Minister of

Information and Communications for licensing. In case of refusal, the Authority of Broadcasting

and Electronic Information shall have a written reply, clearly stating the reasons.

Article 8. Amendment, supplementation, extension, re-granting of licenses to

establish general websites, social networks

1. Agencies with licensing competence under the provisions of Clauses 7, 8, 9, Article 23

of Decree No. 72/2013/ND-CP and Article 7 of this Circular, have the competence to decide

amendment, supplementation, re-granting, extension and revocation of licenses.

2. Procedures for license amendment and supplementation

a) Organizations and enterprises with license to establish general websites, social

networks shall implement procedures to amend, supplement the license in the following cases:

Changing name and address of head office of organization and enterprise;

Changing domain name;

Changing location of server in Vietnam;

Changing scope of providing information and services;

Changing main responsible personnel;

Changing, supplementing field of providing information for general website; types of

social network service for social networks

b) Organizations and enterprises shall send a written request, clearly stating contents,

reasons for amendment, supplementation and relevant supporting documentation to the licensing

agency.

c) Within 15 (fifteen) working days from the receipt of valid dossiers, the agency with

licensing competence shall evaluate and grant amendments and supplements for the issued

license. In case of refusal, the licensing agency shall have a written reply, clearly stating the

reasons.

3. Extension of license

a) 30 (thirty) days before the expiration of license, organizations, enterprises which desire

to extend the issued license shall send a written request for extension, clearly stating the term of

extension with the copy of the granted license to the licensing agency.

b) Within 15 (fifteen) working days from the receipt of valid written request, the agency

with licensing competence shall evaluate and grant extension for the granted license. In case of

refusal, the licensing agency shall have a written reply, clearly stating the reasons.

c) The license shall be extended no more than 02 (two) times; each time shall not exceed

02 (two) years.

4. Re-granting of license

a) Where the license is lost or damaged and no longer useable, organizations and

enterprises having the license shall send a written applying for license re-granting to the

licensing agency. The written request shall clearly state the license number, date of granting of

the granted license and reasons applying for license re-granting. Where the license is damaged, it

must be accompanied by the damaged license.

b) Within ten (10) working days from the receipt of written request, the licensing agency

shall consider and re-grant the license. In case of refusal, the licensing agency shall have a

written reply, clearly stating the reasons.

Article 9. Reporting regime

1. Organizations and enterprises establishing general websites

a) To perform periodic reporting regime once a year and extraordinary reports as

requested by the competent state agency.

b) Contents of periodic reports are in accordance with the form of Ministry of

Information and Communications (form 03).

2. Organizations and enterprises establishing social networks

a) To perform periodic reporting regime once a year and extraordinary reports as

requested by the competent state agency.

b) Contents of periodic reports are in accordance with the form of Ministry of

Information and Communications (form 04).

3. Time limit for reporting

Organizations and enterprises establishing general websites and social networks are

responsible for sending reports before January 15th of every year.

4. Form of report sending

Organizations and enterprises establishing general websites, social networks shall send

reports by post or directly at the competent state agencies to the following addresses:

a) Ministry of Information and Communications (Authority of Broadcasting and

Electronic Information);

b) Department of Information and Communications in the locality where the enterprise

registers its operational headquarters.

5. Departments of Information and Communications of provinces and cities under

central authority shall be responsible for performing periodic reports once every 06 months to the

Ministry of Information and Communications (before January 31st and before July 31st of each

year) on state management of electronic information on the internet in localities.

Article 10. Issuing forms in the process of management, provision and use of

information on websites and social networks

Issuing together with this Circular the following forms of document:

1. Application for a license to establish the general website on the internet in accordance

with the form of Ministry of Information and Communications (Form 01);

2. Application for a license to establish the social network in accordance with the form of

Ministry of Information and Communications (Form 02);

3. Contents of periodic report in accordance with the form of Ministry of Information and

Communications of organization, enterprises establishing the general website (Form 03);

4. Contents of periodic report in accordance with the form of Ministry of Information and

Communications of organization, enterprise establishing the social network (Form 04);

5. License to establish the general website on the internet (Form 05);

6. License to establish the social network on the internet (Form 06).

Article 11. Effectiveness

1. This Circular takes effect from October 3rd, 2014 and replaces Circular No.

14/2010/TT-BTTTT dated June 29th, 2010 of Ministry of Information and Communications

detailing a number of articles of Decree No. 97/2008/ND-CP on August 28th, 2008 of the

Government on management, provision and use of Internet services and electronic information

on the Internet for the management of websites and social network services on the internet and

replacing Circular No. 07/2008/TT-BTTTT dated December 18th, 2008 of Ministry of

Information and Communications, guiding a number of contents on provision of information on

personal websites in Decree No. 97/2008/ND-CP dated August 28th, 2008 of the Government on

management, provision and use of Internet services and electronic information on the Internet.

2. The general websites licensed under the provisions of Decree No. 97/2008/ND-CP

dated August 28th, 2008 of the Government on management, provision and use of Internet

services and electronic information on the Internet and Circular No. 14/2010/TT-BTTTT dated

June 29th, 2010 may continue operations until licenses expire and shall carry out procedures

applying for licenses (granting of new licenses) under the provisions of this Circular.

3. The social networks granted certificates of service provision under the provisions of

Decree No. 97/2008/ND-CP dated August 28th, 2008 and Circular No. 14/2010/TT-BTTTT

dated June 29th, 2010 if continuing the operations shall carry out licensing procedures (granting

of new licenses) under the provisions of this Circular within 180 days after the effective date of

this Circular.

4. During implementation, if there is any problem or difficulty, organizations, enterprises

and individuals are kindly requested to send their reflections to Ministry of Information and

Communications for consideration and settlement. /.

Recipients:

- Prime Minister, Deputy Prime Ministers of the

Government;

- Office of the National Assembly;

- Office of the Party Central Committee and Party

Commissions;

- Office of the General Secretary;

- Office of the President; ;

- Office of the Government;

- Ministries, Ministerial-level agencies; Governmental

agencies;

- Supreme People’s Court; - Supreme People’s Procuracy;

- State Audit of Viet Nam;

- Ministry of Justice (Bureau of Legal Normative Documents Post-Review)

- People’s Committees of provinces and cities under central authority;

- Departments of Information and Communications of

provinces and cities under central authority;

- Gazette;

- Website of the Government;

- Website of the Ministry of Information and

Communications;

Ministry of Information and Communications: Minister,

Deputy Ministers; Affiliated agencies and units;

- Archives: Filing, Authority of Broadcasting and Electronic

Information.

MINISTER

(Signed)

Nguyen Bac Son

Form No. 01 issued together with Circular No. 09/2014/TT-BTTTT on 19/8/2014

NAME OF AGENCY, ORGANIZATION,

ENTERPRISE

No.:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom – Happiness

………. day month year

APPLICATION FOR LICENSING TO ESTABLISH GENERAL WEBSITE ON THE

INTERNET

To: ……………………………………………………………………………

1. Name of the managing agency (if any):

2. Name of agency, organization, enterprise establishing the general website:

3. Purpose of establishing the general website:

4. Contents of information providing on the general website; categories:

5. Serving subjects:

6. Information sources:

7. Number of webpages:

8. Domain name:

9. Scope of information provision (the internet, mobile telecommunications network):

10. Provider of Internet connection service:

11. Location of the server in Vietnam:

12. The person responsible for managing contents of the general website:

- Full name:

- Position:

- Contact phone number (both fixed and mobile):

13. Headquarters:

Tel: Fax:

Email:

14. Time applying for the license: ….. year …..month

Undertaking to comply with the provisions of Decree No. 72/2013/ND-CP dated July

15th, 2013 of the Government on management, provision and use of internet services and online

information and Circular No. 09/TT-BTTTT dated August 19th, 2014 of the Ministry of

Information and Communications detailing management, provision and use of information on

websites and social networks.

Recipients:

- As above;

- Managing agency (if any);

…………………………...

HEAD OF AGENCY, ORGANIZATION,

ENTERPRISE

(Signature, full name, position and sean( �/i>