Quyết định 38/2014/QĐ-TTg của Thủ tướng Chính phủ quy định về đấu giá, chuyển nhượng quyền sử dụng kho số viễn thông, tên miền Internet

THE PRIME MINISTER

Decision No.38/2014/QD-TTg dated July 01, 2014 of the Prime Minister prescribing the auction and transfer of the rights to use telecommunications number store and Internet domain names

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 23, 2009 Law on Telecommunications;

Pursuant to the Government’s Decree No. 17/2010/ND-CP of March 4, 2010 on property auction;

Pursuant to the Government’s Decree No. 25/2011/ND-CP of April 6, 2011, detailing and guiding the implementation of a number of articles of the Telecommunications Law;

Pursuant to the Government’s Decree No. 72/2013/ND-CP of July 15, 2013, on the management, provision and use of Internet services and net information;

At the proposal of the Minister of Information and Communications,

The Prime Minister promulgates the Decision to provide 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 and subjects of application

1. 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.

2. This Decision applies to telecommunications enterprises, telecommunications application service- providing enterprises permitted to use the telecommunications number storage, domestic and foreign organizations and individuals involved in the Internet services and organizations and individuals involved in the auction and transfer of the right to use the telecommunications number storage and Internet domain names.

Article 2.Interpretation of terms

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

1. Minimum requirements mean the requirements prescribed in the dossiers of invitation of enterprises to participate in the auction for the right to use the telecommunications number storage, including the requirements of legal, financial, investment, technical, professional and human resource capacity of enterprises.

2. Auction of the right to use the telecommunications number storage means the identification of enterprises entitled to use the telecommunications codes and numbers through the assessment of minimum requirements and the highest bid of such enterprises.

3. Enterprises winning the auction of the right to use the telecommunications number storage are those satisfying the minimum requirements and offering the highest bid.

4. Auction of the right to use Internet domain names means the identification of organizations and individuals entitled to use the Internet domain names following the national Internet domain name “.vn” and other Internet domain names managed by Vietnam through the assessment of the registration conditions and the highest bid of auction participants.

5. Organizations or individuals winning the auction of the right to use the Internet domain names mean organizations or individuals that fully meet the conditions on registration for use of Internet domain names as provided and offer the highest bid.

6. Auction invitation dossier means documents to serve an auction of the right to use the telecommunications number storage which are approved by the Minister of Information and Communications for use as a basis for enterprises to compile their auction dossiers and participate in the auction.

7. Auction dossier comprises documents compiled and submitted to the Auction Council by enterprises participating in the auctions of the right to use the telecommunications number storage according to the requirements stated at the auction invitation dossier.

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 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 telecommunications codes and numbers are allocated.

9. Auction-winning payment means a sum of money paid by an auction-winning enterprise for the right to use telecommunications codes and numbers or a sum of money paid by an auction-winning organization or individual for the right to use Internet domain names. The auction-winning payment is exclusive of fee for allocation and charge for use of telecommunications codes 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 by an auction-winning enterprise to another enterprise.

11. Transfer of the right to use Internet domain names means the transfer of the whole right to use Internet domain names following the national Internet domain name “.vn” and other Internet domain names managed by Vietnam by organizations or individuals to other organizations or individuals.

Article 3.Auction principles

1. The auction shall be carried out on the principles of publicity, continuity, objectiveness, honesty, equality, protection of the rights and legitimate interests of auction participants. Enterprises, organizations and individuals participating in auction must offer bids higher than or at least equal to reserve prices of codes, numbers, number blocs or Internet domain names set by the Auction Council.

2. Each enterprise winning the auction of the right to use the telecommunications number storage is allocated one or several codes, numbers, number blocs as stated in the auction invitation dossier.

3. Each organization or individual winning the auction of the right to use Internet domain names is allocated one or several Internet domain names as stated in the auction invitation notice.

Article 4.Auction Council

1. The Auction Council is composed of representatives of the Ministry of Information and Communications, the Ministry of Finance and representatives of related agencies and organizations.

2. The Auction Council is tasked to determine reserve prices, compile auction invitation dossiers and auction regulations to be submitted to the Minister of Information and Communications for approval, and organize the auction.

3. The Minister of Information and Communications shall decide to set up the Auction Council and promulgate working regulations of the Auction Council.

Article 5.Auction charges and expenses

1. Organizations, enterprises and individuals that participate in auctions shall pay auction charges in accordance with the law on charges and fees.

2. Auction expenses include:

a/ Expense for the compilation of auction invitation dossiers and establishment of websites for auction of Internet domain names;

b/ Expense for operation of the Auction Council, including expense for hiring experts or consultants (if any);

c/ Other expenses related to the organization of auction.

3. Auction expenses are covered by auction charges collected from auction-participating organizations, enterprises and individuals. If collected charge amounts are not enough to cover expenses, the deficit will be covered by regular operation funds of the Vietnam Telecommunications Administration and Vietnam Internet Center (the Ministry of Information and Communications) and settled according to current regulations.

Chapter II

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

Section 1. AUCTION OF THE RIGHT TO USE THE TELECOMMUNICATIONS NUMBER STORAGE

Article 6.Telecommunications codes and numbers to be put on auction

1. Telecommunications codes and numbers to be put on auction of the use right are codes and numbers included in the telecommunications number storage master plan, for which the Ministry of Information and Communications has approved auction plans.

2. The Ministry of Information and Communications shall draw up a list of specific telecommunications codes and numbers to be put on auction in each period, based on the telecommunications number storage master plan and practical situation of the telecommunications market.

Article 7.Reserve prices

1. Reserve prices of to-be-auctioned telecommunications codes, numbers and number blocs shall be determined on the following principles:

a/ Based on the use value of telecommunications codes, numbers or number blocs at the time of auction and payable telecommunications number storage use charge prescribed by the law on charges and fees;

b/ Reference to practical auction prices of telecommunications codes, numbers and number blocs of the same or similar types, which have been put on auction in Vietnam and countries with economic development like Vietnam;

c/ Reference to international experiences on determination of reserve prices of telecommunications codes, numbers and number blocs.

2. The Minister of Information and Communications shall decide on reserve prices of to-be-auctioned telecommunications codes, numbers and number blocs before the organization of auctions.

Article 8.Auction invitation notices

1. At least 30 working days before the distribution of auction invitation dossiers, the Auction Council shall notify the auction invitation on the website of the Ministry of Information and Communications and in the mass media and send written auction invitations to telecommunications enterprises and telecommunications application service-providing enterprises permitted to use the telecommunications number storage in accordance with the law on telecommunications.

2. An auction invitation notice has the following principal contents:

a/ To-be-auctioned telecommunications codes, numbers and number blocs;

b/ Time and location of distribution of auction invitation dossiers;

c/ Time and location for submission of auction dossiers;

d/ Other necessary information.

Article 9.Auction invitation dossiers

An auction invitation dossier comprises:

1. Documents introducing to-be-auctioned telecommunications codes, numbers and number blocs; time limit and conditions for use of telecommunications codes, numbers and number blocs; reserve prices of to-be-auctioned telecommunications codes, numbers and number blocs; deposits; account numbers for payment of deposits; time and location for opening auction dossiers.

2. Minimum requirements.

3. Form of registration for auction participation.

4. Form of written commitment.

5. Auction regulations.

6. Other necessary documents for the auction.

Article 10.Auction participation registration

1. An auction-participating enterprise shall submit an auction dossier which consists of one original and three certified copies to the Auction Council.

2. An auction dossier comprises:

a/ A written auction registration;

b/ Documents testifying to the satisfaction of minimum requirements;

c/ Written commitments;

d/ Other documents as required by the auction invitation dossier.

Article 11.Evaluation of auction dossiers

1. The Auction Council shall publicly open auction dossiers according to the time and location prescribed in the auction invitation dossier and organize the evaluation of auction dossiers.

2. Enterprises with complete and valid auction dossiers and satisfying the minimum requirements prescribed in auction invitation dossiers may offer bids.

3. The Auction Council shall notify in writing the auction time and venue to enterprises eligible for offering bids and at the same time notify reasons for ineligibility for offering bids to enterprises which fail to meet the requirements prescribed in Clause 2 of this Article.

The list of enterprises eligible for offering bids is publicized on website of the Ministry of Information and Communications.

4. In case where only one enterprise or none of enterprises is eligible for offering bids, the Auction Council will not organize the bid offering but organize the auction once again as provided in Article 17 of this Decision.

Article 12.Deposits

1. Deposits for auction of the right to use the telecommunications number storage is prescribed in auction invitation dossiers, which, however, must equal at least 1% and at most 15% of reserve prices of codes, numbers and/or number blocs.

Enterprises that satisfy the requirements prescribed in Clause 2, Article 11 of this Decision and wish to continue to offer bids shall pay deposits into accounts designated by the Ministry of Information and Communications as provided in auction invitation dossiers.

2. Auction-winning enterprises’ deposits may be cleared against auction-winning bids.

3. A deposit may be refunded in the following cases:

a/ The enterprise not winning the auction may have its deposit refunded within no more than 15 working days after the announcement of auction result;

b/ The enterprise withdrawing from the auction under Article 14 of this Decision may have its deposit refunded within no more than 15 working days after the Auction Council receives the enterprise’s written notice of its withdrawal from the auction.

4. A deposit is not refunded in the following cases:

a/ The enterprise withdraws from the auction without satisfying requirements in Article 14 of this Decision;

b/ The enterprise that offers the highest bid withdraws its offered bid before the auction concludes;

c/ The enterprise is subject to cancellation of auction result.

Article 13.Organization of bid offering

1. The bid offering is affected in the form of simultaneous multi-round bid offering for all codes, numbers and number blocs or one-off bid offering or other forms prescribed in auction invitation dossiers.

2. The organization of bid offering is specified in auction regulations.

Article 14.Withdrawal from auction

1. If enterprises eligible for offering bids wish to withdraw from auction after paying their deposits, they shall send notices of their discontinuation to offer bids to the Auction Council.

2. An enterprise’s notice is valid only when it is received by the Auction Council at least 24 hours before the time of organizing bid offering, including holidays, New-Year festival and weekends prescribed by the State.

Article 15.Cancellation of auction results

An auction result is cancelled in the following cases:

1. The enterprise breaches auction regulations.

2. There is a collusion among auction participants or auction-participating enterprises.

3. The auction-winning enterprise fails to pay the auction-winning money as provided in Clause 1, Article 18 of this Decision.

4. The Auction Council and auction-participating enterprises violate current regulations on auction.

Article 16. Announcement of auction results

The Auction Council shall report auction results to the Ministry of Information and Communications for approval and publicize them on the latter’s website within 15 working days after the conclusion of the auction.

Article 17.Reorganization of auction

1. The Ministry of Information and Communications shall reorganize the auction of all codes, numbers and number blocs in the following cases:

a/ At the initial auction, only one enterprise or none of enterprises submits auction dossier or the number of enterprises eligible for offering bids is smaller than or equal to one;

b/ The auction-winning enterprise is subject to cancellation of auction results.

2. The Ministry of Information and Communications shall reorganize the auction of telecommunications codes, numbers and number blocs for which in the previous auction, the auction-winning enterprise cannot be identified.

3. The order and procedures for reorganizing auction are the same as those applicable to the initial auction.

Article 18.Collection, remittance, management and use of auction-winning money

1. Auction-winning enterprises shall pay 50% of the auction-winning money (including the deposit) into accounts designated by the Ministry of Information and Communications within 60 working days after the latter announces auction results.

2. The remaining amount shall be paid by enterprises as follows:

a/ 25% of the auction-winning money shall be remitted into accounts designated by the Ministry of Information and Communications within 12 months after the latter announces the auction results;

b/ The remaining 25% of the auction-winning money shall be remitted into accounts designated by the Ministry of Information and Communications within 24 months after the latter announces the auction results.

3. Money collected from auction shall be remitted into the state budget. The use of this money amount must comply with law. It shall be used with priority for the development of telecommunications infrastructure, the universalization of telecommunications, radio and television services under the schemes approved by the Prime Minister. The auction-winning money does not comprise the fee for allocation and the charge for use of the telecommunications number storage.

Article 19.Allocation and recovery of auction-winning telecommunications codes and numbers

1. Auction-winning enterprises shall carry out procedures for the allocation of telecommunications codes and numbers in accordance with the law on telecommunications and regulations in auction invitation dossiers for the allocation of auction-winning telecommunications codes and numbers.

2. Auction-winning enterprises may have their telecommunications codes and numbers recovered if they fail to pay the auction-winning money under Clause 2, Article 18 of this Decision.

3. Enterprises having their telecommunications codes and numbers recovered under Clause 2 of this Article will not have their paid auction-winning money and telecommunications number storage use charge refunded.

Article 20.Responsibilities of auction-winning enterprises

Auction-winning enterprises have the following responsibilities:

1. To fully pay the auction-winning money by the prescribed modes and at prescribed time and places.

2. To implement contents in their written commitments and pay fines for breach of their commitments.

3. To carry out procedures asking for the allocation of auction-winning telecommunications codes and numbers under the guidance of the Ministry of Information and Communications within30 working days after paying the auction-winning money under Clause 1 of Article 18.

4. To pay the allocation fee and charge for use of the telecommunications number storage as prescribed.

5. To comply with the law on telecommunications.

Section 2. AUCTION OF THE RIGHT TO USE INTERNET DOMAIN NAMES

Article 21.Auction modes

The auction of the right to use Internet domain names is conducted by the Auction Council defined in Article 4 of this Decision in the form of direct auction or on-line auction via the Ministry of Information and Communications’ website established for the on-line auction of Internet domain names.

Article 22.Identification of Internet domain names to be put on auction

1. The identification of to-be-auctioned Internet domain names is carried out through survey of Internet domain name use demands. Those with great registered use demands shall be considered for auction.

2. The Ministry of Information and Communications shall approve the list of to-be-auctioned Internet domain names.

Article 23. Reserve prices

1. Reserve prices of to-be-auctioned Internet domain names shall be determined on the following principles:

a/ Based on the number of bid offerers and the Internet domain name registration fee set by the Ministry of Finance;

b/ Referring to practical auction prices of the Internet domain names of the same or similar type already put on auction in Vietnam and countries with economic development similar to Vietnam’s;

c/ Referring to international experiences on determination of reserve prices of Internet domain names.

2. The Minister of Information and Communications shall decide on reserve prices of to-be-auctioned Internet domain names before the organization of auction.

Article 24.Auction invitation notices

1. At least 30 days before the organization of the bid offering, the Auction Council shall issue auction invitation notices on the website of the Ministry of Information and Communications, mass media and the website of Vietnam Internet Center.

2. An auction invitation notice has the following principal contents:

a/ List of Internet domain names to be put on auction;

b/ Auction regulations;

c/ Time of organization of the auction session;

d/ The address of the website for auction of Internet domain names;

dd/ The reserve price of each Internet domain name to be put on auction;

e/ Deposit and account number for payment of deposit;

g/ Other necessary information.

Article 25.Auction participation registration

Organizations and individuals that wish to participate in auction for the right to use Internet domain names shall register their participation via the Ministry of Information and Communications’ website established for on-line auction of Internet domain names. The participation registration must clearly state the auction of the right to use Internet domain names on the list of Internet domain names to be put on auction.

Article 26.Deposits

1. A deposit for auction of the right to use Internet domain names is prescribed by the Auction Council to be equal to at least 1% and at most 15% of the reserve price of the Internet domain name put on auction.

2. Only organizations and individuals that have paid deposits into account designated by the Ministry of Information and Communications according to auction invitation notices at least 15 working days before the bid offering starts may participate in the auction.

3. List of organizations and individuals that may participate in the bid offering for each Internet domain name on the list of those to be put on auction shall be publicized on the website for auction of domain names throughout the auction session.

4. A deposit may be refunded in the following cases:

a/ The organization or individual that does not win the auction may have the deposit refunded within no more than 15 working days after the announcement of auction results;

b/ The organization or individual that withdraws from auction with a withdrawal notice submitted at least 24 hours before the bid offering, including holidays, New-Year festival and weekends as prescribed by the State may have the deposit refunded within no more than 15 working days after the Auction Council receives the notice of withdrawal from the auction.

5. A deposit may not be refunded in the following cases:

a/ The organization or individual withdraws from auction without satisfying the requirements at Point b, Clause 4 of this Article;

b/ The organization or individual that offers the highest bid has withdrawn the offered bid before the conclusion of the auction;

c/ The organization or individual is subject to cancellation of auction results.

Article 27.Organization of bid offering

1. The bid offering is carried out in the form of direct offering or on-line offering via the website for auction of Internet domain names under specific auction regulations.

2. During the bid offering, organizations and individuals eligible to participate in the bid offering may re-register their offered bids on the principle that these bids must not be lower than the highest bid offered by an organization or individual immediately before that time.

Article 28.Cancellation of auction results

1. Auction results shall be cancelled in the following cases:

a/ Auction-winning organizations or individuals breach auction regulations;

b/ There is a collusion among auction-winning organizations or individuals and auction participants;

c/ Auction-winning organizations or individuals fail to pay the auction-winning money under Clause 1, Article 30 or have paid the auction-winning money but fail to register the use of domain names under Clause 2, Article 31 of this Decision;

d/ The Auction Council, auction-participating organizations or individuals violate current regulations on auction.

2. Cancelled auction results shall be publicized by the Ministry of Information and Communications on the website for auction of Internet domain names and the Internet domain names on the cancelled auction shall be managed under regulations. Organizations and individuals that have breached auction regulations may not participate in subsequent auction sessions.

Article 29.Announcement of auction results

1. Based on bid-offering results, the Auction Council shall report on auction results to the Ministry of Information and Communications for approval and promulgation on the latter’s website and the Internet domain name auction website within 15 working days after the conclusion of the auction.

2. If an organization or individual is subject to cancellation of auction results under Point c, Clause 1, Article 28, the next organization or individual that offers a lower bid may be chosen as the auction winner and entitled to use the Internet domain names. If the next lower-bid offering organization or individual waives the right to use Internet domain names, the results of such auction of Internet domain names shall be annulled and the Internet domain names will be put under management.

Article 30.Payment of auction-winning money

1. Auction-winning organizations or individuals shall fully pay the auction-winning money after setting aside their deposits into accounts designated by the Ministry of Information and Communications within 15 working days after the latter publicizes the auction results.

2. The money collected from auction shall be remitted into the state budget. The use of this money amount shall be prioritized for development of telecommunications infrastructure, universalization of telecommunications, radio and television services under the schemes approved by the Prime Minister.

Article 31.Responsibilities of auction-winning organizations and individuals

Auction-winning organizations and individuals have the following responsibilities:

1. To fully pay the auction-winning money by the prescribed modes and at the prescribed time and places.

2. To carry out procedures for registration of use of auction-winning Internet domain names under the guidance of the Ministry of Information and Communications within 20 working days after the promulgation of the auction results.

3. To pay the Internet domain name maintenance charge under regulations.

4. To comply with the law on management and use of Internet resources.

Chapter III

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

Article 32.Conditions on the transfer of the right to use the telecommunications number storage

In addition to the conditions prescribed in Clause 2, Article 49 of the Telecommunications Law, the transfer of the right to use telecommunications storage must satisfy the following conditions:

1. Enterprises 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 defined in Clause 2 of this Article after they have exploited and used these telecommunications codes, numbers and/or number blocs for at least three (3) years after the grant or allocation of such telecommunications codes, numbers and number blocs. In special cases where the use duration is under 3 years, a written consent of the Ministry of Information and Communications is required.

2. Transferees of the right to use the telecommunications number storage are telecommunications enterprises or telecommunications application service-providing enterprises that meet the minimum requirements prescribed at auctions participated by the transferring enterprises.

Article 33.Conditions on the transfer of the right to use Internet domain names

In addition to the conditions prescribed in Clause 2, Article 49 of the Telecommunications Law, the transfer of the right to use Internet national domain names of Vietnam “.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 or currently suspended from use.

2. Organizations and individuals transferred the right to use Internet domain names shall carry out procedures for re-registration of these Internet domain names as prescribed.

The procedures for transfer of the right to use Internet domain names shall be carried out at the registrars currently managing such Internet domain names under regulations of the Ministry of Information and Communications.

3. 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.

4. 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 34.Procedures for transfer of the right to use the telecommunications number storage

1. Enterprises transferring or transferred the right to use telecommunications codes and numbers via auction shall file transfer dossiers directly or by post to the Ministry of Information and Communications.

2. Transfer dossiers shall be made in a set which comprises the following documents:

a/ A written transfer request with seals and signatures of at-law representatives of the transferor and transferee;

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.

3. The Ministry of Information and Communications shall examine the completeness and accuracy of the transfer dossier, consider and decide to permit the transfer of the right to use telecommunications codes and numbers within no more than 45 working days after the receipt of the complete dossier and notify in writing the enterprises of the permission for transfer.

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.

4. After receiving the permission for transfer of the right to use telecommunications codes and numbers, the enterprises shall pay tax for the transfer and carry out procedures to apply for the allocation of telecommunications codes and numbers.

5. Based on dossiers and documents certifying that the enterprises have completed the transfer tax payment, the Ministry of Information and Communications shall allocate telecommunications codes and numbers to the transferee in accordance with the law on telecommunications.

Article 35.Procedures for transfer of the right to use Internet domain names

1. Transfer dossiers:

Dossiers for transfer of the right to use Internet domain names shall be made in a set which comprises the following documents:

a/ A written request for transferring and being transferred Internet domain names, bearing 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;

b/ The transferee’s declaration of information on registration of the use of Internet domain names.

2. Procedures for transfer of the right to use Internet domain names through auction:

a/ The Internet domain name use right transferors and transferees being organizations or individuals shall submit transfer dossiers prescribed in Clause 1 of this Article directly or by post to the Ministry of Information and Communications.

b/ The Ministry of Information and Communications shall examine the completeness and accuracy of transfer dossiers, consider and permit the transfer of the right to use Internet domain names within 15 working days after the receipt of complete dossiers as provided and notify in writing the transferors and transferees of the permission for the transfer; send written notices enclosed with the transferees’ information declaration on registration of the use of Internet domain names to the registrars currently managing the Internet domain names.

In case of non-permission for transfer of the right to use Internet domain names, the Ministry of Information and Communications shall notify such to the transfer dossier- submitting organizations or individuals, clearly stating the reason.

c/ After obtaining a written approval of the Ministry of Information and Communications permitting the transfer of Internet domain names, organizations or individuals shall pay the transfer tax;

d/ After the parties fulfill the tax payment as provided, the transferees shall complete the procedures for re-registration of Internet domain names at the registrars currently managing the Internet domain names as provided;

dd/ The registrars currently managing the Internet domain names shall base themselves on notices of the Ministry of Information and Communications to carry out procedures for registration of Internet domain names for the transferees, archive the dossiers and make reports as provided.

3. Procedures for transfer of the right to use Internet domain names not via auction

a/ Organizations and individuals transferring and being transferred the right to use Internet domain names submit the transfer dossiers defined at Clause 1 of this Article directly or by post to the registrars currently managing such Internet domain names.

b/ The registrars currently managing the Internet domain names examine the completeness and accuracy of transfer dossiers, consider whether such domain names are eligible for the transfer within 5 working days after the receipt of complete dossiers as prescribed and notify in writing the transferors and transferees of the transfer eligibility of the domain names;

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 the transfer dossier- submitting organizations or individuals thereof, clearly stating the reason for refusal.

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

d/ After the parties fulfill the transfer tax payment as provided, the transferees shall complete the procedures for re-registration of the Internet domain names at the registrars currently managing the Internet domain names as provided;

dd/ 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 bodies in case of necessity.

4. Transfer transactions shall be considered invalid in case the parties involved in the transfer fail to fulfill transfer tax payment obligation as provided by law or the transactions are not effected through the registrars currently managing the Internet domain names.

Article 36.Responsibilities of transferors

Enterprises, organizations and individuals transferring the right to use the telecommunicationsnumber storage and Internet domain names have the following responsibilities:

1. To guarantee the lawful rights and interests of organizations and individuals affected by the transfer.

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

3. To pay allocation fee and charge for use of the telecommunications number storage and Internet domain names as provided.

4. To comply with the law on telecommunications.

Article 37.Responsibilities of transferees

Enterprises, organizations and individuals being transferred with the right to use the telecommunications number storage and Internet domain names have the following responsibilities:

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

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

3. To pay allocation fee and charge for use of the telecommunications number storage and Internet domain names.

4. To comply with the law on telecommunications.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 38.Handling of auction-related violations

Organizations and individuals that violate the provisions of this Decision shall be administratively sanctioned; if causing damage, they shall pay compensations in accordance with law.

Article 39.Implementation provisions

1. This Decision takes effect on September 1, 2014.

2. The Minister of Information and Communications shall guide the implementation of this Decision; the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, formulating and submitting to competent state agencies for promulgation regulations on tax on transfer of the right to use the telecommunications number storage and Internet domain names.

3. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, and presidents of provincial-level People’s Committees shall implement this Decision.-

For the Prime Minister

The Deputy Minister

Vu Duc Dam