Quyết định 16/2021/QĐ-TTg đấu giá, chuyển nhượng kho số viễn thông, tên miền Internet

DECISION

Prescribing the auction and transfer of the right to use the telecommunications number storage and Internet domain names

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Pursuant to the Law on Government Organization dated June 19, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Property Auction dated November 17, 2016;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Government's Decree No. 25/2011/ND-CP dated April 06, 2011, on detailing and guiding the implementation of a number of articles of the Law on Telecommunications;

Pursuant to the Government’s Decree No. 89/2013/ND-CP dated August 06, 2013, detailing a number of articles of the Price Law regarding valuation;

Pursuant to the Government’s Decree No. 62/2017/ND-CP dated May 16, 2017, detailing a number of articles of, and measures to implement the Law on Property Auction;

Pursuant to the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017, detailing a number of articles of the Law on Management and Use of Public Property;

Pursuant to the Government's Decree No. 72/2013/ND-CP dated July 15, 2013, on the management, provision, and use of Internet services and online information and the Government's Decree No. 27/2018/ND-CP dated March 01, 2018, amending and supplementing a number of articles of the Government's Decree No. 72/2013/ND-CP;

Pursuant to the Government’s Decree No. 17/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Minister of Information and Communications,

The Prime Minister hereby promulgates the Decision prescribing the auction and transfer of the right to use the telecommunications number storage and Internet domain names.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides the auction of the right to use the telecommunications number storage and Internet domain names; the transfer of the right to use the telecommunications number storage, which are allocated through auction, and the transfer of the right to use Internet domain names.

Article 2. Subjects of application

1. Telecommunications enterprises, enterprises providing telecommunications application services, and organizations permitted to use the telecommunications number storage.

2. Organizations and individuals involved in the auction and transfer of the right to use the telecommunications number storage.

3. Domestic and foreign organizations and individuals involved in the auction and transfer of the right to use Internet domain names.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Auction of the right to use the telecommunications number storage means the identification of enterprises or organizations entitled to use the telecommunications codes and numbers through the assessment of conditions for participating in the auction and the highest bid of such enterprises or organizations according to the auction order and procedures.

2. Auction of the right to use Internet domain names means the identification of organizations and individuals entitled to register for using Vietnam's national domain names ".vn” according to the law on auction.

3. Conditions for participation in an auction mean a collection of requirements and conditions applicable to each auction and specified in the auction rules of that auction.

4. Auction participant means an enterprise, organization, or individual that is eligible to participate in the auction of the right to use telecommunications number storage and Internet domain names in accordance with this Decision and other relevant laws.

5. Auction winner means an auction participant with the highest bid compared to the reserve price or equal to the reserve price in the event that no one bids higher than the reserve price in case of an ascending-price auction.

6. Auction rules mean a collection of information and documents related to an auction issued by a property auction organization or property auction council, serving as a basis for organizations or individuals to compile an auction dossier.

7. Auction dossier means documents made and submitted to a property auction organization or auction council by an organization or individual according to regulations provided in the auction rules.

8. Written commitment means a document in a dossier for auction of the right to use the telecommunications number storage, with signatures and seals of the at-law representative of the enterprise or organization as the commitment to implement the minimum requirements; to abide by the form and level of fine for failure to implement the minimum requirements after being allocated with telecommunications codes and numbers.

9. Auction-winning money means a sum of money paid by an auction winner for the right to use telecommunications codes and numbers or a sum of money paid by an auction winner for the right to use Internet domain names. The auction-winning money is exclusive of fee for allocation and charge for use of telecommunications codes, fee for registration and charge for maintenance of Internet domain names.

10. Transfer of the right to use the telecommunications number storage means the transfer of the whole right to use telecommunications codes and numbers due to auction winning by an organization or individual to another enterprise or organization.

11. Transfer of the right to use Internet domain names means the transfer of Vietnam's national domain names ".vn” by an organization or individual to another organization or individual according to the law on transfer of domain names.

12. Auctioned telecommunications subscriber number means the national significant number under the master plan on telecommunications number storage, including network code and subscriber number.

13. Agency assigned to organize an auction means a unit affiliated to the Ministry of Information and Communications that is responsible for managing the telecommunications number storage and Internet domain names.

Article 4. Form and method of auction

1. The form and method of an auction are prescribed in the auction rule and publicized for all auction participants.

2. Method of the auction to be used is an ascending-price auction.

Article 5. Auction service remuneration and property auction expenses

The auction service remuneration and property auction expenses shall comply with Article 66 of the Law on Property Auction and relevant regulations of the Ministry of Finance.

Article 6. Selection of property auction organizations

1. After the Minister of Information and Communications approves the plan on the auction of telecommunications number storage and Internet domain names, the agency assigned the tasks of organizing a property auction shall hire a property auction organization to hold an auction in accordance with law provisions.

2. The selection of property auction organizations shall comply with Article 56 of the Law on Property Auction.

In case of failing to select a property auction organization, the Minister of Information and Communications shall decide on establishing a property auction council. A property auction council comprises 03 members or more; in which the Chairperson of the council is the Minister of Information and Communications or the one authorized by the Minister of Information and Communications; members of the council are representatives of the Ministry of Finance, the Ministry of Justice and relevant agencies. The property auction council may enter into a contract with a property auction organization to appoint an auctioneer to run the auction.

Article 7. Order and procedures for the auction

The auction of the right to use the telecommunications number storage and Internet domain names shall comply with the order and procedures for auction as prescribed in Chapters III and IV of the Law on Property Auction.

Article 8. Auction rules

1. The property auction organization or property auction council shall issue the auction rules with principal contents such as telecommunications number storage, Internet domain names to be auctioned, advance payment, the form of auction, reserve price (in case of publicizing the reserve price) and other contents as prescribed in Article 34 of the Law on Property Auction.

2. The auction rules applicable to each auction must be issued before the date of listing the auction of property in accordance with Article 34 of the Law on Property Auction.

3. The agency tasked with organizing the auction shall formulate and submit the Minister of Information and Communications to decide on contents of advance payment, the form of auction, reserve price (in case of publicizing the reserve price) before reaching an agreement with the property auction organization to include them into the auction rules.

Article 9. Cases of not organizing an auction

The property auction organization or property auction council shall not organize an auction and refund the advance payment to the auction participants in the following cases:

1. The competent State agency issues a written request for suspending the auction before the date of auction.

2. There is only one person registering for participating in the auction, or there are many people registering but only one of them participating in the auction.

Article 10. Cases of re-organizing an auction

1. Telecommunications codes and number, and Internet domain names shall be re-auctioned in the following cases:

a) Cases of not organizing an auction as prescribed in Article 9 of this Decision;

b) There are many people participating in the auction but only 01 person offering bids, or there are many people offering bids but only 01 person offering the highest bid but lower than the reserve price;

c) The domain name has been auctioned but the auction winner fails to pay the auction-winning money; the domain name has been auctioned but the auction winner fails to complete the procedures for registering for using the domain name as prescribed; the domain name has been registered for use but the owner fails to continue paying the charge for maintenance and use upon the expiration of the domain name as prescribed;

d) Case where an auction is considered failing as prescribed in Clause 1, Article 52 of the Law on Property Auction.

2. In case of re-organizing an auction for telecommunications codes and numbers, and Internet domain names as prescribed in Clause 1 of this Article, if the auction winner has not yet been determined or only a part of the telecommunications codes and numbers, and Internet domain names is unsuccessfully auctioned, the agency tasked with organizing the auction shall submit the Minister of Information and Communications to consider and decide on re-organizing an auction at an appropriate time in accordance with the law on property auction.

Chapter II

AUCTION OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE AND INTERNET DOMAIN NAMES

Section 1

GENERAL PROVISIONS ON AUCTION OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE AND INTERNET DOMAIN NAMES

Article 11. Telecommunications number storage to be put on auction

1. Telecommunications number storage to be put on auction of the right to use includes telecommunications numbers and codes with special structure in the master plan on telecommunications number storage and standards specified in Appendix I attached to this Decision.

2. Telecommunications number storage to be put on auction of the right to use is considered and selected from the telecommunications number storage that have not yet been allocated to organizations, agencies, and enterprises.

3. The Ministry of Information and Communications shall announce the list of telecommunications number storage to be put on auction in each period, based on the telecommunications number storage master plan and practical situation of Vietnam's telecommunications market.

Article 12. Internet domain names to be put on auction

1. Vietnam’s national domain names “.vn” to be allocated by auction include:

a) The specific second level unaccented Vietnam’s national domain names “.vn" with 01 character (means the second-level domain name below the domain name ".vn” that is made up of 01 character out of the 26 letters in the English alphabet and 10 natural numbers from 0 to 9);

b) The specific second level unaccented Vietnam’s national domain names “.vn" with 02 characters (means the second-level domain name below the domain name ".vn” that is made up of 02 characters out of the 26 letters in the English alphabet and 10 natural numbers from 0 to 9);

c) Except for domain names that are protected as prescribed in Article 68 of the Law on Information Technology and relevant legal documents.

2. The Ministry of Information and Communications shall announce the list of Internet domain names to be put on auction in each period, based on the practical management and registration for use of Internet domain names in Vietnam.

Article 13. Conditions for participating in an auction of telecommunications codes and numbers

1. Enterprises and organizations established under Vietnamese laws must satisfy financial and technical requirements appropriate for each type of telecommunications code and number to be put on auction in accordance with the master plan and regulations on management of telecommunications number storage.

2. Having a commitment to put telecommunications codes and numbers into use and exploitation for at least 06 months after winning the auction.

3. Relevant financial obligations must be fulfilled (full payment of fees for using number and frequency storage, public obligations, fees for the right to operate telecommunications of enterprises and organizations) before participating in the auction (if any).

4. Possessing a license for the provision of telecommunications services in accordance with the auctioned telecommunications codes and numbers; certificate of providing information content services on mobile telecommunications networks in accordance with the law on telecommunications.

Article 14. Determination of reserve prices for telecommunications codes, numbers, and Internet domain names

1. Method used to determine the reserve prices

a) Reserve prices for telecommunications codes and numbers with the special structure specified in Clause 1, Article 11; reserve prices for Internet domain names specified in Clause 1, Article 12 of this Decision shall be determined according to the comparison method and other methods according to the law on prices;

b) In case of failing to determine the reserve price by the method specified at Point a of this Clause, the reserve prices of telecommunications codes, numbers, and Internet domain names shall be determined according to the following formula:

In which:

Gkd is the reserve price of telecommunications code, number, or Internet domain name, the unit price is in Vietnam dong;

GDPvn is the index of nominal per capita income (GDP/capita) of Vietnam at the time of determining the reserve price, the unit price is US dollar/person;

GDPi is the index of nominal per capita income (GDP/capita) of the country or territory corresponding to sample i at the time of announcement by that country or territory, the unit price is in US dollar/people;

Gdgi is the reference winning price of the country or territory i or the domestic telecommunications organization or enterprise i (i= l - N) of the same number and number structure at the time closest to the time of determining the reserve price;

N is the number of countries, territories, or domestic telecommunications enterprises and organizations (N ≥ 3).

Data on auction-winning prices collected from countries, territories, or domestic telecommunications organizations and enterprises for comparison purposes must be collected within the last 05 years compared to the time of determining the reserve price.

Information about the amount of money, the number of telecommunications codes, numbers, and Internet domain names of countries and territories shall be provided by the State management agencies of the announced countries and territories or domestic telecommunications enterprises and organizations. If information cannot be obtained from State management agencies, it shall be obtained from websites of international organizations or specialized sources of telecommunications, telecommunications number storage, and Internet domain names.

Data on nominal per capita income (GDP/capita) of countries or territories and Vietnam is collected from the official website of the World Bank;

c) The reserve price of telecommunications code, number, or Internet domain name determined according to the formula specified at Point b of this Article shall be applied as follows:

If it is equal to or lower than the charge for use of telecommunications code or number for 10 years, or charge for maintenance of the Internet domain name for 01 year, the reserve price of the telecommunications code or number shall be equal to the usage charge for 10 years; the reserve price of an Internet domain name shall be equal to the charge for maintenance of the domain name for 01 year in accordance with the law on fees and charges.

If it is higher than the charge for use of telecommunications code or number for 10 years, or charge for maintenance of the Internet domain name for 01 year, the formula specified at Point b of this Article shall be used for determination of the reserve price in accordance with the law on fees and charges.

2. Procedures for determination and approval of the reserve price

a) The Ministry of Information and Communications shall assign the agency tasked with organizing the auction to hire organizations eligible for price appraisal as announced annually by the Ministry of Finance to determine the price serving as the basis for approval of the reserve price;

b) In case of failing to select a price appraisal organization, the agency tasked with organizing the auction shall submit the Minister of Information and Communications to decide on establishing a State appraisal council to determine the reserve price in accordance with the current law on prices;

c) Within 30 days after obtaining the price appraisal result from the price appraisal organization or state appraisal council, the agency tasked with organizing the auction shall submit the Minister of Information and Communications to approve the reserve price before holding an auction.

Section 2

AUCTION OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE

Article 15. Auction plan

Based on the List of telecommunications number storage to be put on auction and the current status of allocation of telecommunications codes and numbers, the agency tasked with organizing the auction shall submit the plan to the Minister of Information and Communications for approval of the plan to organize the auction of telecommunications number storage.

Article 16. Auction dossier

1. The auction participant shall submit an auction dossier to the property auction organization in accordance with the auction rules.

2. An auction dossier comprises:

a) A written auction registration;

b) Documents proving the satisfaction of conditions for participating in the auction as prescribed in Clause 1, Article 13 of this Decision;

c) A commitment to put telecommunications codes and numbers into use and exploitation after winning the auction;

d) Other documents as required by the auction rules.

3. The property auction organization or property auction council shall coordinate with the Ministry of Information and Communications in assessing auction dossiers on the principle of ensuring the confidentiality of information about auction participants and ensuring the objectivity, publicity, and transparency of the auction organization in accordance with the law on property auctions and publicity of the list of auction participants eligible to participate in the auction according to regulations.

Article 17. Transfer of auction dossiers

Within 03 working days from the end of the auction, the property auction organization shall transfer the auction results, auction record, list of winning enterprises and organizations to the agency tasked with organizing the auction to submit to the Ministry of Information and Communications for approval of the auction results and completion of relevant procedures.

Article 18. Approval and announcement of auction results

1. The Ministry of Information and Communications shall approve and announce the auction results within 15 days from the date on which the auction record is signed.

2. The Ministry of Information and Communications shall cancel the decision approving auction result of the enterprise or organization that wins the auction but fails to pay sufficient auction-winning money as prescribed in Clause 1, Article 19 of this Decision. The telecommunications code or number for which the auction result is canceled shall be re-auctioned according to Article 10 of this Decision.

Article 19. Collection, remittance, management, and use of auction-winning money

1. Within 30 days after the Ministry of Information and Communications announces the auction results, the auction winner shall pay the auction-winning money after setting aside the advance payment into the State budget according to the notice of auction-winning payment.

2. Such a notice includes the following information:

a) The amount of auction-winning money to be paid and method, location, and deadline for payment according to the auction result announced by the Ministry of Information and Communications;

b) Name, address, and account number at the State Treasury for payment of auction-winning money;

c) Deadline for payment of auction-winning money.

3. The auction-winning money excludes the fee for allocation and the charge for use of the telecommunications number storage.

Article 20. Allocation and recovery of auction-winning telecommunications codes and numbers

1. After fully paying the auction-wining money as prescribed in Clause 1, Article 19 of this Decision, the auction winner shall carry out procedures for the allocation of telecommunications codes and numbers in accordance with the law on telecommunications and regulations in the auction invitation dossier for the allocation of auction-winning telecommunications codes and numbers.

2. The auction winner having its/his/her telecommunications codes and numbers recovered under Clause 2, Article 50 of the Law on Telecommunications shall not have its/her/his paid auction-winning money and telecommunications number storage use charge refunded.

3. The auction winner having its/his/her telecommunications codes and numbers recovered under Points a and b, Clause 2, Article 50 of the Law on Telecommunications shall be compensated in accordance with law provisions.

Section 3

AUCTION OF THE RIGHT TO USE INTERNET DOMAIN NAMES

Article 21. Auction plan

Based on the List of Internet domain names to be put on auction and the current status of management and use registration of Internet domain names in Vietnam, the agency tasked with organizing the auction shall submit the plan to the Minister of Information and Communications for approval of the plan to organize the auction of Internet domain names.

Article 22. Transfer of auction dossiers

Within 03 working days from the end of the auction, the property auction organization shall transfer the auction results, auction record, list of winning individuals and organizations to the agency tasked with organizing the auction to submit to the Ministry of Information and Communications for approval of the auction results and completion of relevant procedures.

Article 23. Approval of auction results

The Ministry of Information and Communications shall approve and announce the auction results within 15 days from the date on which the auction record is signed.

Article 24. Cancellation of auction results

1. The Ministry of Information and Communications shall cancel the decision approving auction result of the individual or organization that wins the auction but fails to pay sufficient auction-winning money as prescribed. The domain name for which the auction result is canceled shall be re-auctioned according to Article 10 of this Decision.

2. If the organization or individual winning the auction fails to complete the procedures for registering for use of domain names in accordance with Clause 3, Article 25 of this Decision, the Ministry of Information and Communications shall cancel the decision approving the auction result of such organization or individual. The domain name for which the auction result is canceled shall be re-auctioned according to Article 10 of this Decision.

Article 25. Collection, remittance, management, and use of auction-winning money and registration for use of auction-winning domain names

1. Within 03 working days from the date on which the auction result is approved, the Ministry of Information and Communications shall notify the auction winner to pay the auction-winning money. Contents of such notice shall comply with Clause 2, Article 19 of this Decision.

2. Auction-winning organizations or individuals shall fully pay the auction-winning money after setting aside their advance payment into the State budget within 15 days after receiving the notice of auction-winning payment. The auction-winning money excludes the fee for registration and the charge for use of the Internet domain names.

3. Auction-winning organizations or individuals shall carry out procedures for registering for use of the auction-winning Internet domain names in accordance with regulations on management and use of Internet resources and pay charges for use registration and maintenance of Internet domain names according to the Ministry of Finance's regulations within 30 days after the Ministry of Information and Communications announces the auction results.

4. If the user is unable to continue paying the charge for maintenance upon the expiration of the domain name as prescribed, it shall be listed as the domain name to be auctioned under the Law on Property Auction, this Decision, and relevant laws.

Chapter III

TRANSFER OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE AND INTERNET DOMAIN NAMES

Section 1

TRANSFER OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE

Article 26. Conditions for transfer of the right to use the telecommunications number storage

1. In addition to conditions specified in Clause 2, Article 49 of the Law on Telecommunications, enterprises, and organizations that are granted or allocated telecommunications codes, numbers, and number blocs via auction may transfer the right to use these codes, numbers, and number blocs to enterprises and organizations specified in Clause 2 of this Article after they have exploited and used these telecommunications codes, numbers and number blocs for at least 03 years after the grant or allocation of such telecommunications codes, numbers and number blocs.

2. Transferees of the right to use the telecommunications number storage are enterprises or organizations that meet the minimum requirements prescribed at auctions participated by the transferors.

Article 27. Procedures for transfer of the right to use the telecommunications number storage

1. The number of the required dossier of transfer of the right to use the telecommunications number storage is 01, including:

a) A written request for transferring and being transferred Internet domain names, bearing seals and signatures of the at-law representatives of the transferor and transferee, made according to the form provided in Appendix II attached to this Decision;

b) A written agreement between the transferor and transferee on the guarantee for rights and legitimate interests of organizations and individuals affected by the transfer;

c) The transferee’s document evidencing the satisfaction of the minimum requirements at the auction in which the transferor has participated; and a written commitment of the transferee.

2. Procedures for transfer

a) The transferor and transferee shall submit a dossier of transfer by person-to-person or via the postal system at the Ministry of Information and Communications or submit it online at the national public service portal (http://dichvucong.vn) or the public service portal of the Ministry of Information and Communications (http://dichvucong.mic.gov.vn);

b) Within 30 days from the date on which the complete and valid dossiers are received, the Ministry of Information and Communications shall notify in writing to enterprises and organizations of the approval of transfer of the right to use telecommunications codes and numbers;

In case of non-permission for transfer of the right to use telecommunications codes and numbers, the Ministry of Information and Communications shall notify in writing the transferor and transferee of the reason and clearly state the reason;

c) After receiving the permission for the transfer of the right to use telecommunications codes and numbers, the enterprises and organizations shall pay tax for the transfer and carry out procedures for the allocation of telecommunications codes and numbers as prescribed;

d) After confirming that the enterprises and organizations have completed their tax obligations related to the transfer of the right to use telecommunications number storage according to the tax law, the Ministry of Information and Communications shall allocate telecommunications numbers and codes for the transferees in accordance with the law on telecommunications.

Section 2

TRANSFER OF THE RIGHT TO USE INTERNET DOMAIN NAMES

Article 28. Conditions for transfer of the right to use Internet domain names

In addition to the conditions prescribed in Clause 2, Article 49 of the Law on Telecommunications, the transfer of the right to use Vietnam’s national domain names “.vn” and other Internet domain names under Vietnam’s management must satisfy the following conditions:

1. Transfer of Internet domain names is not allowed with regard to:

a) Domain names prioritized for protection, including domain names being names of Party organizations, State agencies, socio-political organizations, and other domain names related to national interests, security, and sovereignty as prescribed by the Ministry of Information and Communications;

b) Internet domain names currently involved in violation handling or in the course of settlement of disputes, complaints or currently suspended from use.

2. Organizations and individuals receiving the transfer of the right to use Internet domain names shall carry out procedures for re-registration of Internet domain names and pay charges and fees for registration and maintenance of domain names in accordance with regulations on registration and use of Internet resources.

3. The transfer of the right to use Internet domain names shall be carried out at the registrar that is managing such Internet domain names.

4. Internet domain names in the process of use right transfer may not be allocated to organizations and individuals other than the parties carrying out the transfer.

5. Parties involved in the transfer shall take responsibility for the transfer failure due to the suspension or recovery of such Internet domain names in the course of transfer under regulations on management and use of Internet resources of the Ministry of Information and Communications.

Article 29. Procedures for transfer of the right to use Internet domain names

1. Transfer dossiers

The number of the dossier for transfer of the right to use Internet domain names is 01, including a written request for transferring and being transferred Internet domain names, made according to the form provided in Appendix III attached to this Decision. Such a request must bear seals and signatures of at-law representatives of organizations or signatures of individuals, that have registered under their names the use of to-be-transferred Internet domain names; seals and signatures of at-law representatives of organizations or signatures of individuals, that are transferred.

2. Procedures for transfer

a) Organizations and individuals transferring and being transferred the right to use Internet domain names shall submit the transfer dossiers specified in Clause 1 of this Article directly, online, or by post to the registrars currently managing such Internet domain names;

b) If the domain names are allocated not through auction, within 05 working days from the date on which the complete and valid dossiers are received, the registrars currently managing such Internet domain names shall review conditions for transfer of the right to use Internet domain names and notify in writing to the transferors and transferees of such transfer;

c) If the domain names are allocated through auction, within 10 days from the date on which the complete and valid dossiers are received, the registrars currently managing such Internet domain names shall review conditions for transfer of the right to use Internet domain names and send a request to the Ministry of Information and Communications (the Vietnam Internet Network Information Center) for approval of the transfer of the right to use domain names. If such requests are approved, the registrars currently managing such Internet domain names shall notify in writing the transferors and transferees of such transfer within 02 working days after receiving the notice of transfer approval from the Ministry of Information and Communications (the Vietnam Internet Network Information Center);

d) In case where the Internet domain names are ineligible for use right transfer, the registrars currently managing the Internet domain names shall notify in writing to the organizations and individuals that submitted the dossier of request for transfer, clearly stating the reason for refusal;

dd) After receiving written approval of the registrars currently managing the Internet domain names to be transferred, organizations and individuals shall pay the transfer tax;

e) After the parties fulfill the tax obligations related to the transfer as prescribed, the transferees shall complete the procedures for re-registration of Internet domain names at the registrars currently managing the Internet domain names according to regulations on registration and use of Internet resources;

g) The registrars currently managing the Internet domain names shall carry out procedures for re-registration of Internet domain names for the transferees, archive dossiers, and make reports as requested by their managing agencies in case of necessity.

3. Transfer transactions shall be considered illegal in the following cases: Parties involved in the transfer fail to fulfill their tax obligations related to the transfer in accordance with the tax law; the transfer is carried out not through the registrar currently managing domain names; there is a forgery of information, dossiers of transfer of the right to use domain names.

Section 3

RESPONSIBILITIES OF PARTIES

Article 30. Responsibilities of transferors

Enterprises, organizations, and individuals transferring the right to use the telecommunications number storage and Internet domain names shall be responsible for:

1. Guaranteeing the legitimate rights and interests of enterprises, organizations, and individuals affected by the transfer.

2. Fulfilling tax obligations related to the transfer of the right to use the telecommunications number storage and Internet domain names in accordance with the tax law.

3. Making payment for allocation fees and charges for use of the telecommunications number storage and Internet domain names as prescribed.

4. Complying with the law on telecommunications.

Article 31. Responsibilities of transferees

Enterprises, organizations, and individuals being transferred with the right to use the telecommunications number storage and Internet domain names shall be responsible for:

1. Guaranteeing the legitimate rights and interests of enterprises, organizations, and individuals affected by the transfer.

2. Fulfilling tax obligations related to receipt of the transfer of the right to use the telecommunications number storage and Internet domain names (if any) in accordance with the tax law.

3. Making payment for allocation fees and charges for use of the telecommunications number storage and Internet domain names as prescribed.

4. Complying with the law on telecommunications.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 32. Effect

1. This Decision takes effect on June 01, 2021.

2. The Prime Minister's Decision No. 38/2014/QD-TTg dated July 01, 2014, prescribing the auction and transfer of the right to use the telecommunications number storage and Internet domain names shall cease to be effective from the effective date of this Decision.

Article 33. Implementation organization

1. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant ministries and branches in guiding the implementation of this Decision.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and Chairpersons of provincial-level People’s Committees shall be responsible for implementing this Decision./.

* All Appendices are not translated herein.