Thông tư 09/2008/TT-BTTTT hướng dẫn về quản lý và sử dụng tài nguyên internet do Bộ Thông tin và Truyền thông ban hành

CIRCULAR

GUIDING THE MANAGEMENT AND USE OF INTERNET RESOURCES

Pursuant to the June 29, 2006 Law on Information Technology;
Pursuant to the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;
Pursuant to the Government's Decree No. 97/ 2008/ND-CP of August 28, 2008, on the management, provision and use of Internet services and electronic information on the Internet;
The Ministry of Information and Communication guides the implementation of regulations on the management and use of Internet resources as follows:

I. GENERAL PROVISIONS

1. Scope of regulation and subject of application

This Circular guides regulations on the management and use of Internet resources with respect to all organizations and individuals involved in Internet-related activities in Vietnam.

2. In this Circular, the terms below are construed as follows:

2.1. Internet resources mean the system of names and numbers globally fixed and used for the Internet. Internet resources include:

a/ Domain names (DN); b/ Internet addresses or Internet protocol (IP) addresses;

c/ Autonomous system numbers (ASN);

d/ Other numbers and names prescribed by the Ministry of Information and Communication.

2.2. Domain name means a name used to identify an Internet address of the server, composed of several sequences of characters separated from one another by a dot "." The structure of a domain name consists of:

a/ Top-level domain name (the last sequence of characters):

A top-level domain (TLD) name includes generic top-level domain (gTLD) name and country code top-level domain (ccTLD) name.

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

ccTLD names include domain names defined according to the international standard for country codes [IS03166]. ccTLD names will change upon the emergence of new countries or territories or merger of countries.

b/ Second-level, third-level, fourth-level and fifth-level domain names (sequences of characters) are domain names below top-level domain names in order. A domain name must be composed of at least domain names of two levels: second-level and top level.

c/ International domain name means a domain name below a generic top-level domain name or a country code top-level domain name other than Vietnam's country code domain name ".vn".

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

2.4. Autonomous system number (ASN) means a number used to identify a computer network participating in Internet routing.

2.5. System of domain name servers (DNS) means a combination of groups of interconnected servers to respond an IP address corresponding to a domain name when required.

2.6. Registration of a domain name means the performance of procedures for this domain name to be recognized, activated and exist on the Internet. Prior registration of the Vietnam's country code domain name ".vn" means the performance of procedures for this domain name to be available in the domain name management database of the system of country code domain name ".vn" servers.

2.7. Use of a domain name means the association of this domain name with an Internet address (IP address) of an operating server for online applications or for the protection of a trade name, trademark, service mark or organization name against appropriation.

2.8. Domain name registries means organizations which provide the services of domain name registration and maintenance, including domain name ".vn" registries and international domain name registries in Vietnam.

3. Principles for the management and use of Internet resources

3.1. Vietnam's Internet resources constitute part of national information resources, which must be managed, exploited and used properly and effectively.

3.2. It is strictly prohibited to use Internet resources for opposing the State of the Socialist Republic of Vietnam, causing insecurity or economic or social disorder, undermining the nation's fine traditions and customs, infringing upon lawful rights and interests of organizations and individuals; or illegally obstructing the operation of the system of country code domain name servers (DNS).

3.3. Internet resources related to operations of Party and state organizations and agencies shall be given priority for protection against infringement.

4. Internet resource-managing agency

Vietnam National Internet Center (VNNIC), a unit under the Ministry of Information and Communication, performs the function of managing, supervising, promoting and supporting the use of Internet resources in Vietnam.

5. Charges and fees

Agencies, organizations and individuals using Internet resources shall pay charges and fees before such resources are put into operation or continue operating. VNNIC shall collect charges and fees in strict accordance with the Finance Ministry's regulations and other current regulations.

II. VIETNAM'S COUNTRY CODE DOMAIN NAMES ".VN"

1. Structure of domain names

1.1. Domain name ".vn" is the highest level domain name for Vietnam. All domain names below the domain name ".vn" are equally usable to identify Internet addresses of servers registered in Vietnam.

1.2. Second-level domain names are domain names below the country code domain name ".vn", including second-level domain names not classified by sector and generic second-level domain (gSLD) names classified by sector:

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

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

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

d/ GOVVN: For central- and local-level state agencies and organizations.

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

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

g/ INT.VN: For international organizations in Vietnam.

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

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

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

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

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

m/ Other domain names provided for by the Ministry of Information and Communication.

1.3. Second-level domain names by administrative boundary means Internet domain names given after the names of provinces or centrally run cities. Second-level domain names by administrative boundary shall be written in Vietnamese, with or without tone marks.

1.4. Vietnamese-language domain names

a/ Vietnamese-language domain names are included in the system of Vietnamese country code domain names ".vn", with their characters defined in the code sheet of Vietnamese language according to Vietnam standard TCVN 6909:2001 and in such expanded code sheet in line with the above-said standard.

b/ A Vietnamese-language domain name comprises a second-level domain name and a third-level domain name below the second-level domain name by administrative boundary written in Vietnamese language. Domain names must be meaningful and not be entirely abbreviated.

2. Principles for registration and use of Vietnam's country code domain names ".vn"

2.1. General principles:

a/ A Vietnam's country code domain name ".vn" has at least one character or a sequence of characters below the top-level domain name ".vn"

b/ Registration shall be made at domain name ".vn" registries on the principle of equality and non-discrimination. Organizations and individuals registering first will be entitled to use the domain name first.

c/ Vietnam's country code domain names ".vn" are not governed by the Law on Intellectual Property. Sequences of characters or characters presenting trademarks, brand names, product marks and service marks, copyright and work titles which are included in the structure of a domain name shall not be protected in reality if they are only registered for online protection and vice versa, trademarks, brand names, product marks and service marks, copyright and work titles are not eligible for online protection if they have not yet been registered in domain names, even if registration has been made for protection in reality.

d/ A registered domain name may contain characters from A to Z; 0 to 9 and Vietnamese language characters in the Vietnamese alphabet which are accepted by the domain name servers. These characters may be either upper-case or lower-case.

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

f/ A registered domain name must not start with a sequence of characters "xn-".

h/ A registered domain name at each level must contain not more than 63 characters.

2.2. Specific principles:

a/ Domain names selected and registered by organizations and individuals must not include words infringing upon national interests or unsuitable to social ethics or national fine traditions and customs and be serious to avoid confusion or distortion due to its polyphony and polysemy or when tone marks are left out.

b/ Domestic and foreign organizations and individuals involved in Internet-related activities may register and use second-level domain names below Vietnam's country code domain name ".vn" (except for generic second-level domain (gSLD) names defined at Points 1.2 and 1.3, Clause 1, Section II above) and third-level domain names below second-level domain names.

c/ Party and state agencies shall use Vietnam's country code domain name ".vn" and store information on servers having IP addresses in Vietnam for their official websites.

d/ Domain names presenting the names of Party organizations and state agencies shall be reserved only for these Party organizations and state agencies. Party organizations and state agencies shall make registration with VNNIC for reservation and protection. Other organizations and individuals may not register and use these domain names.

e/ When allocated a second-level domain name below the country code domain name ".vn", agencies, organizations and enterprises may only allocate third-level domain names below their second-level domain names to their member units and employees for internal use and, at the same time shall manage domain names below their domain names. Individuals may not allocate third-level domain names below their second-level domain names to other organizations or individuals.

f/ Only domain name ".vn" registries are allowed to allocate third-level domain names below second-level domain names ".vn" to other organizations and individuals.

3. Responsibilities of organizations and individuals registering the use of domain names

3.1. Organizations and individuals registering the use of domain names shall take full responsibility before law for use purposes and the accuracy of supplied information and ensure that the registration and use of domain names comply with regulations and do not infringe upon lawful rights and interests of other organizations and individuals.

3.2. Organizations and individuals registering the use of domain names shall take responsibility for the management and maintenance of the right to use domain names and for any violations in the use of their domain names caused due to lax management.

3.3. When registering a domain name, organizations and individuals shall supply full information on the domain name server which it points to.

3.4. Organizations and individuals lawfully operating in Vietnam that use international domain names for their websites shall notify the Ministry of Information and Communication thereof at the website www.thongbaotenmien.vn.

4. Domain name ".vn" registries

4.1. Domain name ".vn" registries are organizations providing the services of registering and maintaining domain names ".vn" of different levels, which are designated by VNNIC on a contractual basis on the following principles:

a/ Being domestic or overseas organizations with full and obvious legal person status under law.

b/ Having financial, technical and personnel capacities as well as Internet networks and administration systems for providing the services of registering and maintaining Vietnam's country code domain name ".vn" in line with their operation scope at the request of VNNIC.

c/ Having made commitments to observing regulations on the management and use of Internet resources and management of electronic information on the Internet.

4.2. Responsibilities of domain name ".vn" registries

a/ To abide by regulations on telecommunications, Internet and other relevant laws, this Circular and contractual terms signed with VNNIC.

b/ To take full responsibility for the registration of domain names, ensure the maintenance, security and safety of domain names registered in their systems of domain name servers (DNS).

c/ To supply sufficient information on domain name-registering entities at the request of competent state agencies and VNNIC. Such information includes: name, address, telephone number, email address, for organizations; and name, address, telephone number, people's identity card or passport number, for individuals.

d/ Domestic domain name ".vn" registries shall use primary domain name servers using Vietnam's country code domain name ".vn" to provide DNS services when so requested by domain name ".vn"-registering entities.

e/ Domestic domain name ".vn" registries may register domain names ".vn" for organizations and individuals at home and abroad. The provision of domain name registration services to overseas organizations and individuals must comply with legal provisions of Vietnam and foreign countries.

f/ Overseas domain name ".vn" registries may register domain names ".vn" for organizations and individuals at home and abroad. The provision of domain name registration services to domestic organizations and individuals must comply with Vietnamese law and may only be effected through authorized agencies in Vietnam.

g/ Domain name ".vn" registries may not register domain names ".vn' for speculation in any forms; not hinder or seek to hinder organizations or individuals from registering the use of lawful domain names.

g/ After liquidating contracts on the maintenance of domain names with a domain name ".vn" registry, organizations and individuals may select, and change the maintenance of their domain names to, a new domain name ".vn" registry. The old domain name ".vn" registry shall effect the change and may not decline such change of domain name-using organizations and individuals.

h/To coordinate with VNNIC and competent state agencies in handling cases related to domain name ".vn".

U To make regular and irregular reports as guided and requested by VNNIC.

j/ To stop or suspend the provision of services at the request of competent state agencies.

k/ To develop and publicly issue registration forms and the order and procedures for domain name registration.

4.3. Powers of domain name ".vn" registries

a/To provide domain name ".vn" registration services at home and abroad.

b/ To enjoy commissions for registration and maintenance of domain names ".vn" according to current regulations.

c/ To refuse to provide services to organizations or individuals that violate regulations on domain name registration.

d/ To suspend the provision of services when domain name-registering organizations and individuals fail to pay domain name fees and charges as prescribed.

5. International domain name registries in Vietnam

5.1. International domain name registries in Vietnam are organizations and enterprises lawfully operating in Vietnam which sign contracts with overseas international domain name-registering organizations to act as the latter's agents for registration and maintenance of international domain names in Vietnam.

5.2. Responsibilities of international domain name registries in Vietnam:

a/ To complete registering their operations with the Ministry of Information and Communication according to the order and procedures specified at Point 5.3, Clause 5, Section II of this Circular.

b/ To make commitment to observing regulations on the management and use of Internet resources and management of electronic information on the Internet.

c/To take responsibility for the management of international domain names and accurate information on names, addresses, telephone numbers and email addresses of Vietnam-based organizations and individuals that register international domain names; to guide organizations and individuals that register the use of international domain names to make notification to the Ministry of Information and Communication via the website www.thongbaotenmien.vn as prescribed in Article 23 of the Law on Information and Technology.

d/ Before 15th of the first month every quarter, to update and send an online report on international domain names under their management to the Ministry of Information and Communication. Detailed guidance is provided at the website www.thongbaotenmien.vn.

e/ To supply information to and coordinate with competent state agencies in settling cases related to international domain names.

5.3. Order of and procedures for registration of operations of international domain name registries in Vietnam.

a/ A registration dossier comprises:

- A declaration, made according to a set form.

- A copy of the business registration certificate, investment certificate or establishment decision.

b/ Dossier-receiving address:

- The Ministry of Information and Communication - 18 Nguyen Du street, Hanoi.

c/ Registration certification:

- Within 10 working days after receiving a valid dossier, the Ministry of Information and Communication shall send to the enterprise a notice certifying that the Ministry has received a valid registration dossier and put the enterprise in the list posted up on the website www.thongbaotenmien.vn or a written request for supplementation and completion of the dossier, if the registration dossier is invalid.

- Enterprises may provide services or continue providing services only after they receive the Information and Communication Ministry's notice of receipt of valid registration dossiers.

- Form of certification: In writing or online environment at addresses specified by the Information and Communication Ministry on the website www.thongbaotenmien.vn.

6. Procedures for registration of Vietnam's country code domain name ".vn"

6.1. Places of registration: Registration shall be made through domain name ".vn" registries listed at the website www.thongbaotenmien.vn.

6.2. Registration dossiers: Dossiers of registration for Vietnam's country code domain names ".vn" shall be compiled according to forms prescribed by domain name ".vn" registries at their websites, which, however, must cover the following details:

a/ For agencies and organizations: Name, address, telephone number and email address.

b/ For individuals: Name, year of birth, address, identity card or passport number, telephone number and email address.

6.3. Registration modes:

a/ Direct registration at the establishments of domain name ".vn" registries.

b/ Online registration: If organizations and individuals use their bank accounts or credit cards to pay domain name charges and fees.

7. Changes of information on Vietnam's country code domain names ".vn"

7.1. Complete change of a domain name means the registration of a new domain name according to the principles specified in Clause

2, Section II of this Circular. In this case, the old domain name shall be revoked.

7.2. In case of changes of names of agencies or organizations or changes of such information as address, telephone number, fax number, email address or identity card, agencies, organizations and individuals shall notify their domain name ".vn" registries thereof for the latter to ensure accurate information for the maintenance of their domain names.

8. Return, suspension and revocation of Vietnam's country code domain names ".vn"

8.1. Return of domain names:

When agencies, organizations or individuals no longer need to use domain names, they shall make written requests for returning such domain names to their respective domain name ".vn" registries. If users of expired domain names fail to pay maintenance charges, it will be considered that they no longer need to use and wish to return these domain names.

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

a/ In case of violation: It is so requested in writing by competent state agencies or violations of the prohibitions stated in this Circular are committed. The suspension of domain names shall be effected immediately.

b/ In case of failure to pay maintenance charges upon the expiration of the use duration: Domain name ".vn" registries shall remind users or suspend the domain names within the extended duration for charge payment, which is at most 30 consecutive days after the expiry date of the domain name.

c/ A second-level domain name shall be suspended if third-level domain names below such second-level domain name belong to violating agencies, organizations or enterprises which must be handled at the written request of competent agencies but cannot be handled immediately or if third-level domain names below such second-level domain names are allocated in contravention of regulations.

8.3. Revocation of domain names in case of violations:

a/ At the written request of competent state agencies or according to the results of settlement of disputes over domain names in accordance with law.

b/ Violations of regulations at Point 3.2, Clause 3. Section I; Point 2.2. a. Clause 2, Section II of this Circular under decisions of management agencies; provision of inaccurate information upon registration of domain names; ineligible entities having registered for domain names being the names of Party organizations or state agencies.

c/ Continued violations of agencies, organizations or individuals after the suspension of the use of domain names or receipt of written warnings.

8.4. Sending of notices

a/ Suspension:

VNNIC shall request domain name ".vn" registries to send notices of the suspension of domain names to concerned organizations or individuals under Point 8.2.a, Clause 8, Section II above.

b/ Revocation:

VNNIC shall request domain name ".vn" registries to send notices of the revocation of domain names to concerned organizations and individuals under Point 8.3. Clause 8, Section II above.

III. INTERNET ADDRESSES AND AUTONOMOUS SYSTEM NUMBERS

1. Principles for the allocation and use of IP addresses

1.1. Organizations and enterprises wishing to establish Internet-connected networks may apply for IP address and autonomous system numbers (ASN) for use and allocation to their customers for use within their networks. The registration and use of IPv6 addresses are encouraged. When IPv4 addresses are no longer available, IPv6 addresses shall be allocated by default for requests for new IP addresses.

1.2. IP addresses shall be allocated adequately to meet the actual use demand and valid throughout the Vietnamese territory. Agencies and organizations involved in Internet-related activities must effect the routing for these address spaces under the guidance of VNNIC; may not define routing for IP address spaces beyond the scope of management and allocation by VNNIC, except for cases of connection to international portals; and shall coordinate with the national DNS system in the technical field and routing policies to ensure the safe and efficient operation of Vietnam's Internet network.

1.3. The management and allocation of IP addresses for use on Vietnam's Internet network must comply with policies of international organizations competent to plan and allocate addresses to Vietnam. Past 6 months from the date of allocation, if an address is not used on the network without plausible reasons, it shall be revoked.

2. Procedures for allocation of Internet addresses

2.1. Organizations and individuals applying for the allocation of IP addresses from an Internet service provider (ISP) shall submit dossiers directly to that ISP and follow the guidance of that ISP.

2.2. ISPs and organizations wishing to apply for the allocation of independent IP addresses for multihomed connection to several ISPs shall submit dossiers to VNNIC.

2.3. A dossier submitted to VNNIC comprises:

a/ An application for an IP address, made according to the form set by VNNIC.

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

c/ Dossier-receiving address: Vietnam National Internet Center, 18 Nguyen Du street, Hanoi.

2.4. The time limit for issuing a reply or granting an address allocation decision to the applicant is 15 working days after the receipt of a complete and valid dossier. In case of refusal. VNNIC shall issue a written reply clearly stating the reasons.

3. Principles for ASN allocation and use

3.1. According to the actual use demand of agencies, organizations and enterprises. Organizations which have been allocated IP addresses by VNNIC may register for ASN allocation.

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

3.3. Organizations with allocated ASNs may only use them within their own networks.

3.4. Past 6 month from the date of allocation, if an ASN is not used on the Internet without plausible reasons, it shall be revoked.

4. Procedures for ASN allocation

4.1. A dossier sent to VNNIC comprises:

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

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

4.2. Dossier-receiving address:

Vietnam National Internet Center, 18 Nguyen Du street, Hanoi.

4.3. The time limit for issuing a reply or granting an ASN allocation decision to the applicant is 15 working days after the receipt of a complete and valid dossier. In case of refusal to allocate an ASN, VNNIC shall issue a written reply clearly stating the reasons.

IV. SETTLEMENT OF COMPLAINTS AND DISPUTES AND HANDLING OF VIOLATIONS

1. Settlement of complaints

When having technical complaints about the registration, allocation and maintenance of Internet domain names, concerned parties shall send written complaints to related domain name ".vn" registries for consideration and settlement. Complaints about the registration, allocation and maintenance of Internet addresses and ASNs shall be addressed to VNNIC for settlement. When receiving these complaints, relevant domain name ".vn" registries and VNNIC shall consider and settle them in accordance with current provisions of law.

2. Settlement of disputes

Disputes arising in civil or commercial relations concerning the use of domain names of organizations or individuals shall be settled by the methods prescribed in Article 76 of the Law on Information Technology: negotiation and conciliation; arbitration; or lawsuit at court.

3. Handling of violations

All violations of regulations on the management and use of Internet resources shall be handled according to the current laws on telecommunications, the Internet, information technology and relevant laws.

V. IMPLEMENTATION PROVISIONS

1. This Circular takes effect 15 days after its publication in "CONG BAO" and replaces the Post and Telematics Minister's Decision No. 27/ 2005/QD-BBCVT of August 11. 2005. promulgating the Regulation on the management and use of Internet resources.

2. The Information and Communication Ministry's Inspectorate shall coordinate with VNNIC, provincial-level Information and Communication Services and competent state agencies in handling violations of this Circular.

3. VNNIC shall:

a/ Guide and examine agencies, organizations and individuals involved in Internet-related activities in complying with the guidance in this Circular.

b/ Apply necessary measures to ensure the management of resources. To issue forms and provide guidance on the management and use of Internet resources.

4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Information and Communication for consideration, supplementation and amendment.

---------------

This document is handled by Luật Dương Gia. Document reference purposes only. Any comments, please send to email: dichvu@luatduonggia.vn