Thông tư liên tịch 02/2005/TTLT-BCVT-VHTT-CA-KHĐT của Bộ Bưu chính, Viễn thông, Bộ Văn hoá-Thông tin, Bộ Công an và Bộ Kế hoạch và Đầu tư về quản lý đại lý Internet

JOINT CIRCULAR

ON MANAGEMENT OF INTERNETAGENTS

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

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

Pursuant to the Government's Decree No. 63/ 2003/ND-CP of June 11, 2003, defining the functions, tasks, powers and organizational structure of the Culture and Information Ministry,

Pursuant to the Government's Decree No. 136/ 2003/ND-CP of November 14, 2003, defining the functions, tasks, powers and organizational structure of the Public Security Ministry,

Pursuant to the Government's Decree No. 61/ 2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Planning and Investment Ministry;

The Post and Telemactics Ministry, the Culture and Information Ministry, the Public Security Ministry and the Planning and Investment Ministry hereby jointly provide unified guidance on management of Internet agents as follows:

I. GENERAL PROVISIONS

1. Scope and objects of application

This Joint Circular shall apply to Internet agency business activities in Vietnam. Subjects governed by this Circular include Internet service providers, postal or telecommunications online service providers, Internet agents and Internet service users at agents.

This Joint Circular shall not apply to the use of public Internet services in schools.

2. Interpretation of terms:

Internet agents mean Vietnamese organizations or individuals that provide, in the name of Internet service providers or online service providers, Internet access services or online services to users under agency contracts and enjoy remunerations.

Internet service providers mean Internet access service providers (ISP) or online service providers in post and telecommunications (postal OSP, telecommunications OSP).

3. The following acts are strictly prohibited:

a/ Storing in Internet-connected computers information, documents or data classified as state secrets; military, security, economic or foreign relation secrets and other secrets specified by the law of the Socialist Republic of Vietnam.

b/ Using or guiding other persons in using support tools to gain access to websites which are banned from access by competent state management agencies; transmitting, spreading or dispersing computer viruses or hacking software programs on the Internet; disturbing or impeding activities of providing or using Internet services; taking advantage of the Internet to oppose the State of the Socialist Republic of Vietnam, disturb security and order or infringe upon the interest of agencies, organizations and/or individuals; infringing upon ethics and fine traditions and custom; creating websites and/or organizing forums on the Internet with contents of instructing, enticing or provoking other persons to commit such acts.

c/ Providing services to users without Internet agency registration certificates and agency contracts entered into with Internet service providers.

d/ Using pre-paid Internet cards to act as agents providing public Internet services.

e/ Having access to foreign Internet service providers by directly dialing their phone numbers.

II. CONDITIONS FOR CONDUCTING INTERNET AGENCY BUSINESS ACTIVITIES

Organizations and individuals wishing to conduct Internet agency business activities must guarantee to satisfy the following conditions and observe the following order:

1. Having locations and land grounds to be exclusively used for Internet agency activities, and the right to lawfully use these locations and grounds. Locations and grounds must be suitable to business scale of agents and up to the following standards:

a/ Useful space for each computer must be at least 1 square meter. All computer monitors and audio-visual devices used to provide services must be arranged and installed at places for easy monitoring by managers.

b/ Being equipped with fire prevention and fighting devices according to the law on fire prevention and fighting.

c/ Having environmental protection, sanitation, sound and light control measures, and meeting other conditions for protecting safety and health of service users.

2. Owners of agents must possess computer skill certificates of A or higher level. Owners of agents who have no computer skill certificates must employ staffs with computer skill of Aor higher level to instruct and inspect the users' observance of regulations on use of services at Internet agents.

For Internet agency business establishments divided into separate compartments, their owners must assign attendants for instruction and inspection in each compartment (one attendant per compartment).

3. Carrying out procedures for business registration at local business registries according to the provisions of law.

4. Entering into agency contracts with Internet service providers.

5. Investing in central server systems for application of technical and professional measures to ensure equipment safety and information security on a par with the business scale of agents. Being furnished with software for management of Internet agents, supplied by Internet service providers under agency contracts.

6. Having diagrams of systems of computers used at Internet agents with each computer given an ordinal number according to its position.

7. Having books of collection of the State's regulations on management and use of Internet services for reference by users, and guiding service users to comply with these regulations when so requested by users.

8. Posting up internal rules of Internet service use at places of Internet agency business in positions most convenient for and easily spotted by users of Internet services provided by agents. These internal rules must fully and clearly state the prohibitions stipulated in Article 11 of the Government's Decree No. 55/2001/ND-CP of /august 23, 2001, on management, provision and use of Internet services; the opening and closing hours of agents; the charge rates of Internet access services and online services; the rights and obligations of Internet service users provided for in Section VI of this Circular.

III. RIGHTS AND OBLIGATIONS OF INTERNET AGENTS IN THE COURSE OF CONDUCTING AGENCY BUSINESS

Apart from the rights and obligations provided for in Article 41 of the Post and Telecommunications Ordinance to be applicable to all telecommunications agents, the Internet agents, in the course of conducting business, shall also have to fully exercise the following rights and perform the following obligations:

1. To be entitled to conduct business at their places of business from 6:00 hrs to 24:00 hrs every day.

2. To guide and inspect users in observing the regulations on use of Internet services; to apply measures to prevent, detect and promptly stop customers who violate their internal rules and provisions of law on the Internet.

3. To compile books for service use registration which have full statistics and detailed information on service users and guarantors for under-14 users, including full their names; addresses of permanent residence; serial numbers of people's identity cards or passports (for foreigners) or other valid papers such as professional cards, driving licenses, students' or pupils' cards, etc., positions of computers and time volume consumed by service users. Internet agents shall be responsible for truthfulness of information recorded in these books and shall have to keep, preserve and supply them to competent state management agencies when so requested.

4. To set up software programs for management of Internet agents, and concurrently apply technical solutions to prevent users from accessing websites with bad contents on the Internet. Internet agents shall only be allowed to supply information on users to competent state management agencies.

5. To use already set up software programs for agent management to store information on service users, including addresses already accessed, access time, service type (email, chat, ftp, Telnet, etc.) for 30 days. The storage duration is counted from the time when information is transmitted from/ to servers in service of information security work of functional agencies.

6. To fully supply data on technical configurations and information flowcharts under their management in a truthful and detailed manner to competent state management agencies when so requested.

7. To participate in training courses organized by Internet service providers signing agency contracts with them within 6 months after such contracts are entered into.

8. To coordinate with police offices and competent state agencies in satisfying requirements of information safety and security.

IV. RIGHTS AND OBLIGATIONS OF INTERNET SERVICE PROVIDERS TOWARD INTERNET AGENTS

Apart from the rights and obligations provided for in Article 38 of the Post and Telecommunications Ordinance to be applicable to telecommunications enterprises, the Internet service providers shall also have to fully exercise the following rights and perform the following obligations:

1. To enter into Internet agency contracts with organizations,' and individuals that have satisfied the conditions specified at Points 1, 2 and 3, Section II, and provide Internet access services or online services to agents that have entered into contracts with them.

2. To stop providing services and terminate agency contracts under contractual terms or upon detecting that owners of agents create conditions for, or intentionally cover up, acts of stealing passwords or access accounts, transmitting computer viruses, accessing websites, or disseminating or spreading documents having depraved and obscene contents, offending fine traditions and custom or infringing upon national security.

3. To formulate regulations on management of Internet agents and disseminate them to their Internet agents.

4. To issue forms of Internet agency contract. 5. To take initiative in supervising the performance of contracts by public Internet agents; to coordinate with concerned state management agencies in inspecting, examining, detecting and stopping law-breaking acts of public Internet agents.

6. To install programs, facilities and equipment for concentrated management at their enterprises, which are connected with their agents and satisfy the requirements of management of Internet agency activities.

7. To supply to, and coordinate with, their agents in installing agent management software at such agents for online interaction with their software programs for concentrated management of agents, ensuring:

a/ The management and archive of access addresses, service types and time volumes consumed by service users at agents;

b/ The management and archive of names and serial numbers of.people's identity cards or passports for foreigners or other valid papers such as professional cards, driving licenses, students' or pupils' cards of service users;

c/ The prevention of accesses to websites on the Internet with contents opposing the State of the Socialist Republic of Vietnam; disturbance of security and order; violation of ethics, fine traditions and custom of the nation; assistance for illegal provision of postal and telecommunications services, at the request of competent state agencies.

8. Within 6 months after entering into contracts with Internet agents, to organize training and provide guidance to Internet agents that have signed agency contracts with them on the regulations on management of Internet services, information safety and security as well as appropriate technical solutions so that such agents can well perform the task of instructing their customers to use services for healthy purposes, and detect and promptly stop their customers' acts of violating the provisions of the Government's Decree No. 55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet services, and this Circular.

9. In the course of inspection and supervision of performance of contracts by Internet agents, when having enough grounds to conclude that agent owners have breached contractual terms constituting a condition for termination of contracts, to record such violations in writing, stop providing services and concurrently notify in writing the provincial/municipal Post and Telematics Services thereof. To coordinate with telecommunications enterprises in cutting off telephone numbers or telecommunications lines used by Internet agents for Internet access at the request of provincial/ municipal Post and Telematics Services.

10. Once every 6 months, to report to the Post and Telematics Ministry (the Telecommunications Department) on the list of Internet agents and send copies thereof to the Public Security Ministry (the Security General Department) and the Culture and Information Ministry (the Press Department).

V. RIGHTS AND OBLIGATIONS OF INTERNET SERVICE USERS AT INTERNET AGENTS

Apart from the rights and obligations provided for in Article 42 of the Post and Telecommunications Ordinance to be applicable to telecommunications service users, the service users at Internet agents shall also have to fully exercise the following rights and perform the following obligations:

1. Internet service users may choose Internet agents for use of Internet access services and telecommunications online services.

2. For under-14 Internet service users at Internet agents, to be guaranteed and overseen by adults throughout the course of using services at such agents.

3. To be responsible for contents of information they put onto, archived or transmitted on the Internet.

4. Not to put onto or take advantage of the Internet to propagate depraved information and images, offend fine traditions and custom, oppose the State of the Socialist Republic of Vietnam, or cause social security and safety disturbance or social disorder.

5. Not to use the Internet to intimidate, harass or offend the honor and dignity of other persons.

6. Not to use software tools to illegally access and use Internet services.

7. Not to create and intentionally transmit and spread virus programs on the Internet.

8. Not to steal and use passwords, codes and private information of organizations and individuals or disseminate them to others for use.

9. Upon detecting websites and services on the Internet with contents opposing the State of the Socialist Republic of Vietnam, causing social security disturbance and disorder, to promptly inform such to provincial/municipal Culture and Information Services or nearest functional agencies for solution.

VI. INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

1. Internet service providers and public Internet agents are subject to inspection and examination by competent state agencies.

2. Internet agents are subject to direct inspection by Internet service providers of their observance of provisions of agency contracts.

3. Violations committed by Internet service providers, Internet agents and Internet service users in Internet agency business activities shall be handled by People's Committees at all levels, culture and information specialized inspectorates, post and telematics specialized inspectorates according to the provisions of the Government's Decree No. 55/2001/ND-CP of August 23, 2001, on management, provision and use of Internet services, Decree No. 142/2004/ND-CP of July 8, 2004, on sanctioning of administrative violations in post, telecommunications and radio frequencies, Decree No. 31/2001/ND-CP of June 26, 2001, on sanctioning of administrative violations in the field of culture and information, and the Post and Telematics Ministry's Circular No. 05/2004/TT­BBCVT of December 16, 2004, guiding the implementation of a number of articles on handling of administrative violations and settlement of complaints and denunciations in Chapter IV of the Government's Decree No. 55/2001/ND-CP on management, provision and use of Internet services.

4. Internet agents that violate the regulations on management of Internet agents shall, depending on the seriousness of their violations, be subject to the following handling forms:

a/ Sanctions for administrative violations.

b/ Termination of provision of Internet services or agency contracts, cutting off of telephone numbers or telecommunications transmission lines used for Internet access.

c/ Withdrawal of certificates of Internet agency business registration.

d/ Examination for penal liability.

VII. ORGANIZATION OF IMPLEMENTATION

1. The Post and Telematics Ministry shall:

a/ Guide and direct Internet service providers in observing the State's regulations applicable to Internet agents.

b/ Assume the prime responsibility for, and coordinate with the Culture and Information Ministry and the Public Security Ministry in, organizing periodical and extraordinary inspection or examination of management of Internet agents by Internet service providers.

c/ Assume the prime responsibility for, and coordinate with the Culture and Information Ministry and the Public Security Ministry in, promulgating regulations on assurance of properties of the software program for management of Internet agents.

2. The Culture and Information Ministry shall:

a/ Assume the prime responsibility for, and coordinate with concerned state agencies in, widely propagating on the press and the mass media the exploitation and use of Internet services strictly according to the State's regulations and limiting errors and violations in activities of Internet agents.

b/ Formulate and guide Internet service providers and Internet agents in observing the regulation on supply and use of information on the Internet.

c/ Conduct inspection, examination and handling of violations in management, supply and use of information on the Internet.

d/ Coordinate with the Post and Telematics Ministry, the Public Security Ministry and provincial/ municipal People's Committees in proposing measures to handle and prevent information with law-breaking contents in activities of Internet agents.

3. The Public Security Ministry shall:

a/ Direct and organize the prevention and fighting of crimes on the Internet.

b/ Direct concerned professional units, police departments of provinces or centrally-run cities in coordinating with the post, telecommunications and information technology specialized inspectorate and the culture and information specialized inspectorate in conducting inspection and examination, promptly detecting, recording in writing and handling acts of violation in activities of Internet agents in localities under their management according to the provisions of law.

4. The Planning and Investment Ministry shall: Guide and direct functional agencies in granting and withdrawing certificates of Internet agency business registration according to the provisions of law and this Circular.

5. Provincial/municipal People's Committees shall:

a/ Direct administrations at all levels in conducting periodical inspection and examination of Internet agency business activities, ensuring that all agents are inspected or examined at least once a year. Work out specific plans on handling of violations, exchange of information, experience and other matters related to management of Internet agents, and periodically report on activities of Internet agents in their respective localities and handling of violations.

b/ Direct provincial/municipal Post and Telematics Services, Culture and Information Services and Public Security Services in organizing periodical and extraordinary inspection of Internet service providers and Internet agents in their respective localities according to regulations.

c/ Assist and coordinate with ministries, ministerial-level agencies and Government­attached agencies in managing Internet agents in their respective localities.

VIII. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in "CONG BAO."

2. The Post and Telematics Ministry, the Culture and Information Ministry, the Public Security Ministry and the Planning and Investment Ministry shall, within the ambit of their tasks and powers, guide agencies, organizations and individuals in implementing the provisions of this Circular.

3. Any problems arising in the course of implementation should be reported by agencies, organizations and individuals to the Post and Telematics Ministry, the Culture and Information Ministry, the Public Security Ministry and the Planning and Investment Ministry for solution.