DECISION

PROMULGATING THE REGULATION ON MANAGEMENT AND USE OF INTERNET RESOURCES THE MINISTER OF POST AND TELEMATICS

Pursuant to the May 25, 2002 Ordinance on Post and Telematics;

Pursuant to the Government's Decree No. 55/ 2001/ND-CPof August 23, 2001, on management of the provision and use of Internet services;

Pursuant to the Government's Decree No. 90/ 2002/ND-CP of November 11, 2002, defining the functions, tasks, powers and organizational structure of the Ministry of Post and Telematics;

At the proposal of the director of the Telecommunications Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management and use of Internet resources.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO." This Decision replaces Decision No. 92/2003/QD-BBCVT of May 26,2003,of the Minister of Post and Telematics.

Article 3.- The director of the Office, the chief inspector, the directors of the departments, the directors and heads of other units, of the Ministry of Post and Telematics; domestic and foreign organizations and individuals involved in Internet­related activities in Vietnam shall have to implement this Decision.

REGULATION

ON MANAGEMENT AND USE OF INTERNET RESOURCES
(Promulgated together with Decision No. 27/2005/ QD-BBCVT of August 11, 2005, of the Minister of Post and Telematics)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of governance

This Regulation governs the management and use of Internet resources with respect to all domestic and foreign organizations and individuals involved in Internet-related activities in Vietnam.

Article 2.- Internet resources

1. Internet resources constitute part of national information resources, which must be managed, exploited and used properly and efficiently.

2. It is strictly prohibited to use Internet resources for purposes of opposing the State of the Socialist Republic of Vietnam, disturbing security, economy, social order and safety, undermining the nation's fine tradition and custom, infringing upon the legitimate rights and interests of organizations and individuals and illegally obstructing the operations of the national system of domain name servers (DNS). It is also prohibited to transfer, lease or resell Internet resources in any form.

3. Internet resources relating to operations of the Party and State agencies and organizations must be given priority for protection and not be infringed upon.

Article 3.- Internet resource-managing agency

Vietnam National Internet Center (VNNIC) is a unit under the Ministry of Post and Telematics, performing the function of managing, supervising, promoting and supporting the use of Internet resources in Vietnam.

Article 4.- Charges and fees

Agencies, organizations and individuals using Internet resources shall have to pay charges and fees before such resources are put into operation or continue operating. VNNIC shall guide the payment of charges and fees in strict compliance with regulations of the Finance Ministry.

Article 5.- Terminology

The terms used in this Regulation are construed as follows:

1. Internet resources mean the system of names and numbers used for Internet and fixed in a uniform manner globally. Internet resources include:

a/ Domain names;

b/ Internet addresses or IP addresses; c/ Autonomous system numbers (ASN);

d/ Other numbers and names provided for by the Ministry of Post and Telematics.

2. Domain names mean the names used to identify Internet addresses. Domain names include:

 a/ Top-level domain names

Top-level domain (TLD) names include generic top-level domain (gTLD) names and country coded top-level domain (ccTLD) names.

gTLD names include the following domain names: COM; NET; EDU; ORG; INT, BIZ; .INFO;. NAME; PRO; AERO; MUSEUM;. COOP and other gTLD names provided for by competent international organizations in charge of Internet resources.

ccTLD names include domain names defined according to international standards on country codes [ISO3166]. ccTLD names shall change upon the emergence of new countries or territories or merger of countries.

b/ Second-level, third-level, fourth-level and fifth­level domain names mean domain names below TLD names in order.

3. Internet addresses mean network addresses of terminals and servers, including IP address versions IPv4, IPv6 and new address versions to be used in the future.

4. Autonomous system numbers (ASN) mean the numbers used to identify a computer network participating in Internet routing.

5. System of domain name servers (DNS) means a combination of groups of servers connected with one another to respond an IP address corresponding to a domain name when required.

Chapter II

DOMAIN NAMES

Article 6.- Structure of domain names

1. Domain name ".VN" is a ccTLD name provided for Internet servers registered in Vietnam.

2. Generic second-level domain (gSLD) names mean domain names classified by sectors, including the following domain names:

a/ COM.VN: For organizations and individuals involved in commercial activities.

b/ BIZ.VN: For organizations and individuals involved in business activities, equivalent to domain name "COM.VN".

c/ EDU.VN: For organizations and individuals involved in education and training activities.

d/ GOV.VN: For central- and local-level State agencies and organizations.

e/ NET.VN: For organizations and individuals involved in the establishment and provision of online services.

f/ ORG.VN: For organizations involved in political, cultural and social activities.

g/ INT.VN: For Vietnam-based international organizations.

h/ AC.VN: For organizations and individuals involved in research activities.

i/ PRO.VN: For organizations and individuals involved in highly-specialized domains.

j/ INFONN: For organizations and individuals involved in the creation, distribution and supply of information.

k/ HEALTHNN: For organizations and individuals involved in pharmaceutical and medical activities.

l/ NAMEYN: For proper names of individuals involved in Internet-related activities.

m/ Other domain names provided for by the Ministry of Post and Telematics.

3. Second-level domain names by administrative boundaries mean Internet domain names called after the names of provinces or centrally-run cities. Second-level domain names by administrative boundaries shall be written in Vietnamese language, with or without tone marks.

Article 7.- Vietnamese-language domain names

1. Vietnamese-language domain names are second-level domain names below country-coded domain name ".VN" written in Vietnamese language or third-level domain names below second-level domain names by administrative boundaries, written in Vietnamese language.

2. A Vietnamese-language domain name consists of characters defined in the code sheet of Vietnamese language according to Vietnamese standard TCVN 6909: 2001 and characters in such expanded code sheet in line with the above-said standard, with neither abbreviation of that entire name nor expression of its explicit meaning in Vietnamese language.

3. VNNIC shall provide detailed guidance on the registration and use of Vietnamese-language domain names.

Article 8.- Principles for registration of domain names

1. General principles:

a/ To encourage the widespread use of domain names below country-coded domain names ".VN".

b/ To make registration on the principle of equality and non-discrimination. Organizations and individuals registering first shall be considered for domain-name allocation first.

c/ Organizations and individuals registering the use of domain names shall take full responsibility before law for the use purposes and accuracy of information supplied to VNNIC and ensure that the registration and use of such domain names do not infringe upon the legitimate rights and interests of other organizations or individuals that exist before their registration date.

d/ In registration of a domain name, the full information on domain name server on which such name is based or the end domain name which it points to must be supplied.

e/ The formulation of electronic newspapers and websites on the basis of registered domain names must comply with the provisions of law on management of press, publishing and contents of information on the Internet.

2. Specific principles:

a/ Domestic or foreign organizations involved in Internet-related activities may register the use of second-level domain names below country­coded domain name ".VN", except for generic second-level domain (gSLD) names defined, in Article 6 of this Regulation.

b/ Domestic or foreign organizations and individuals involved in Internet-related activities may register the use of third-level domain names after second-level domain names below country­coded domain name ".VN".

c/ The Party and State agencies may register the use of only domain names below country-coded domain name ".VN" and preserve information in servers having IP addresses in Vietnam.

d/ Vietnamese socio-political organizations as well as press and publishing agencies must register the use of domain names below country-coded domain name ".VN" and may concurrently register the use of domain names below gTLD names and domain names below ccTLD names.

e/ When allocated the second-level domain names below country-coded domain name ".VN", if wishing, agencies and organizations may sub­allocate third-level domain names below their second-level domain names only to their attached members for internal use and, at the same time, have to manage all domain names below their domain names and suspend or withdraw such domain names at the request of the Ministry of Post and Telematics.

f/ When allocated the second-level domain names below country-coded domain name ".VN", IXPs, ISPs, ICPs and OSPs may sub-allocate third­level domain names below their second-level domain names for business purposes or to Internet service users only in cases where they are selected by VNNIC to be the domain name registries.

g/ Agencies and organizations not governed by the provisions of Point 2.c, Point 2.d of this Article and individuals may register the use of domain names below gTLD names or ccTLD names. Organizations and individuals can only put to use domain names below these top-level domain names 24 hours after notifying VNNIC thereof on website http://www.gtld.info.vn.

Article 9.- Domain-naming principles

1. Domain names shall be freely selected by agencies, organizations and individuals in accordance with current provisions of law and the provisions of this Regulation.

2. A registered domain name must not include words infringing upon national interests or unsuitable to social ethics, national lifestyle or culture.

3. To abstain from registering domain names related to place names, names of famous personalities, leaders, inter-governmental organizations, socio-political organizations or generic names of an economic branch, names of goods or product categories. In case of a need for registration of such names, there must be clear grounds therefor.

4. A registered domain name may contain characters from A to Z; 0 to 9 and Vietnamese­language characters in the Vietnamese alphabet. These characters may be either capitals or normal ones.

5. A registered domain name may contain character "-" but must neither start nor end with this character.

6. A registered domain name must not start with character "xn-".

7. A registered domain name must contain at least 3 characters but not more than 63 characters.

Article 10.- Domain name registries

1. Domain name registries are service-providing organizations registering country-coded domain name ".VN", designated by VNNIC on the basis of selection according to demand for development of domain name-registration service and set criteria.

2. Organizations considered and selected by VNNIC to provide domain name-registration service must meet the following conditions:

a/ Being Vietnamese or foreign organizations with full and obvious legal person status under the provisions of law.

b/ Having financial, technical and personnel capacities, meeting the requirements of providing the service of registering country-coded domain name ".VN" at the request of VNNIC.

3. Domain name registries may be authorized to take charge of registration of domain names, pay domain name charges and fees and enjoy commissions according to current regulations, and at the same time, have to implement the regulation on management of domain name registries, issued by VNNIC.

Article 11.- Domain name registration procedures

1. Dossiers for registration of domain names:

a/ For Vietnamese and foreign agencies and organizations operating lawfully in Vietnam, such a dossier comprises a declaration for domain name registration, signed and stamped by the agency or organization applying for registration, made according to a form set by VNNIC.

b/ For Vietnamese individuals and foreigners living and working in Vietnam, such a dossier comprises: - A declaration for domain name registration, signed by the registrant, made according to the form set by VNNIC.

- The identity card or household registration book, for a Vietnamese individual; the passport and permanent residence card or temporary residence certificate or card, issued by a competent State agency, for a foreigner.

2. Dossier-receiving address:

a/ Direct registration

In case of direct registration, dossiers shall be submitted at VNNIC offices in Hanoi: 115 Tran Duy Hung, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem, District 1; in Da Nang: 42 Tran Quoc Toan, or at domain name registries selected by VNNIC.

b/ Online registration

If making online registration via website http:// www.vnnic.net.vn, original dossiers of organizations and notarized papers of individuals must still be sent to VNNIC.

3. The time limit for notification of results or grant of domain name registration certificates must not exceed 4 working days after valid dossiers are received.

4. The grant of domain name registration certificates shall be announced on website http://www.vnnic.net.vn. In case of refusal to grant such a certificate, VNNIC shall issue a written notice, clearly stating the reasons therefor.

5. For foreign organizations and individuals not living and working in Vietnam: Registration procedures shall be carried out via domain name registries designated by VNNIC.

Article 12.- Change of domain names

1. The total change of a domain name means the registration of a new domain name according to domain name registration procedures stipulated in Article 8 of this Regulation. In this case, the old domain name shall be withdrawn.

2. In case of changes of information related to operation and management of domain names, such as technical parameters, agency addresses, telephone numbers, fax numbers, email addresses, etc., such information must be stated in the declaration of changes of domain names provided by VNNIC and sent to VNNIC within 30 days.

Article 13.- Return, suspension and withdrawal of domain names

1. Return of domain names

If they no longer need to use domain names, agencies, organizations or individuals shall make written requests for returning such domain names to VNNIC.

2. The use of domain names shall be suspended in the following cases:

a/ At the written request of competent State agencies or in case of violations of this Regulation.

b/ Past the prescribed time limit for payment of charges for maintenance of domain names.

3. Domain names shall be withdrawn in the following cases:

a/ At written requests of competent State agencies or under decisions on settlement of complaints about domain-name disputes.

b/ Violation of the prohibition stated in Article 2 of this Regulation or inaccurate information supplied in the registration of domain names.

c/ Continued violations of concerned agencies, organizations or individuals within 30 days after the suspension of the use of domain names.

d/ Failure to operate the domain names without

plausible reasons within 60 days after the grant of domain name registration certificates.

4. Notification

VNNIC shall announce the return, use suspension or withdrawal of domain names on website http://www.vnnic.net.vn and notify in writing concerned organizations and individuals thereof.

Chapter III

IP ADDRESSES AND AUTONOMOUS SYSTEM NUMBERS

Article 14.- Principles for the grant and use of IP addresses

1. Organizations and enterprises wishing to establish Internet-connected networks shall have the right to apply for IP addresses and autonomous system numbers (ASN) for use and sub-allocation to their customers for use within their respective networks. The application for allocation of IP addresses and ASN from international organizations shall be conducted only when it is so permitted in writing by the Ministry of Post and Telematics.

2. IP addresses shall be allocated adequately to meet the actual use demand and valid throughout the Vietnamese territory. Agencies and organizations involved in Internet-related activities must adopt routing policies and advertise for this address space under guidance of VNNIC; must not use IP address space beyond the scope of management and allocation by VNNIC and must not define routing for such addresses on networks, except for cases of connection to international portals; coordinate with the national DNS system in technical field and elaboration of routing policies to ensure the safe and efficient operation of Vietnam Internet.

3. The management and allocation of IP addresses for use on Vietnam Internet network must comply with policies of international organizations competent to plan and allocate addresses to Vietnam. Past 6 months from the date of allocation, if an address is not used on the network with plausible reasons, it shall be withdrawn.

4. The allocation of additional address space shall be considered when the usage percentage of the current address space reaches the limit set by VNNIC, based on the data of periodical reports on the current state of the use of addresses.

Article 15.- Procedures for allocation of Internet addresses

1. A dossier sent to VNNIC comprises:

a/ The application for allocation of an Internet address, made according to the form set by VNNIC.

b/ The establishment decision or business registration certificate (original or notarized copy).

2. Dossier-receiving address:

VNNIC offices in Hanoi: 115 Tran Duy Hung, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem, District 1; in Da Nang: 42 Tran Quoc Toan.

3. The time limit for notification of results or the grant of decisions on allocation of addresses to concerned agencies, organizations or enterprises must not exceed 10 working days after valid dossiers are received. In case of refusal to allocate addresses, VNNIC must notify such in writing and clearly state the reasons therefor.

Article 16.- Principles of ASN allocation and use 1. According to the actual use demand of organizations.

2. ASN shall be used in Vietnam's IP address space with an independent routing policy, connected to service providers with different routing policies.

3. Organizations allocated the ASNs may only use them within their own networks.

4. ASNs shall be withdrawn if having not been put to use after 6-months without plausible reasons.

Article 17.- ASN-allocation procedures

1. A dossier sent to VNNIC comprises:

a/ The application for ASN allocation, made according to the form set by VNNIC.

b/ The establishment decision or business registration certificate (original or notarized copy).

2. Dossier-receiving address

VNNIC offices in Hanoi: 115 Tran Duy Hung, Cau Giay District; in Ho Chi Minh City: 27 Nguyen Binh Khiem, District 1; in Da Nang: 42 Tran Quoc Toan.

3. The time limit for notification of results or the grant of decisions on allocation of ASN to registering agencies, organizations or enterprises must not exceed 15 working days after valid dossiers are received. In case of refusing to allocate ASN, VNNIC must notify such in writing and clearly state the reasons therefor.

Chapter IV

SETTLEMENT OF COMPLAINTS AND HANDLING OF VIOLATIONS

Article 18.- Settlement of complaints

1. If having complaints about the management and use of Internet resources, concerned parties may send written requests for complaint settlement to VNNIC. When receiving such written requests, VNNIC shall have to consider and settle complaints in accordance with current provisions of law.

2. If complaints are related to the allocation of domain names that infringes upon legitimate rights and interests of other organizations or individuals existing before the registration date, VNNIC shall encourage and create favorable conditions for involved parties to reach agreement on complaint settlement.

3. In cases where involved parties cannot reach agreement on complaint settlement, VNNIC shall settle complaints according to the following procedures:

a/ The statute of limitations is 90 days from the date the complainant is notified of the fact that the decision on the grant of domain name registration certificate is complained about. Within 10 days after receiving a valid complaint, VNNIC shall have to accept and settle the complaint and notify such to the complainant. A first-time complaint shall be settled within 45 days after it is accepted.

b/ Within 30 days after the VNNIC director issues decision on the settlement of a first-time complaint, if the involved parties disagree, they shall have the right to further complain with the Minister of Post and Telematics or initiate a lawsuit at court in accordance with the provisions of law.

c/ Within 10 days after receiving a valid complaint, the Ministry of Post and Telematics shall have to accept and settle it and notify the complainant thereof in writing. The time limit for complaint settlement shall not exceed 45 days from the date of acceptance thereof.

d/ VNNIC and the Ministry of Post and Telematics mayjointly set up a council for complaint settlement, composed of experts with at least 5­year working experience in the field of law, who are knowledgeable about Internet resources, for considering and advising on the issuance of complaint-settling decisions.

e/ The Post and Telematics Minister's decisions on complaint settlement shall be the final ones under the provisions of the Complaint and Denunciation Law.

Article 19.- Handling of violations

All violations of the Regulation on management and use of Internet resources shall be sanctioned according to the Government's Decree No. 55/ 2001/ND-CP of August 23, 2001, on management of the provision and use of Internet services; Decree No. 142/2004/ND-CP of July 8, 2004, on sanctioning of administrative violations relating to post, telecommunications and radio frequency; the Post and Telematics Ministry's Circular No. 05/ 2004/TT-BBCVT of December 16, 2004, guiding the implementation of a number of articles on handling of administrative violations and complaints and denunciations in Chapter IV of the Government's Decree No. 55/2001/ND-CP on management and use of Internet services and other relevant provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20.- Implementation provisions

1. Subjects defined in Article 1 shall have to strictly comply with the provisions of this Regulation.

2. VNNIC shall have to:

a/ Guide and inspect agencies, organizations and individuals involved in Internet-related activities in strict compliance with this Regulation.

b/ Promulgate forms and guidance on management and use of Internet resources.

c/ In the course of implementation, if problems arise, they must be promptly reported to the Ministry of Post and Telematics for consideration, amendment and/or supplementation.