Decision by the Hanoi People’s Committee to monitor internet users

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

THE PEOPLE COMMITTEE
HANOI CITY

Decision No. 15/2010/QD-UBND

Hanoi, April 26, 2010

HANOI CITY PEOPLE’S COMMITTEE

• Pursuant to the November 26, 2003 Operational Rule promulgated by the People’s Council and the People’s Committee;
• Pursuant to the June 29, 2006 Communication Technology Rule;
• Pursuant to the May 25, 2002 Post and Telecommunication Law;
• Pursuant to the 28/8/2008 Decree No. 97/2008/ND-CP, issued by Prime Minister’s Office on the management, provision, and use of internet services and electronic information on the Internet.
• Pursuant to Circular No. 05/2008/TT-BTTTT, issued by the Ministry of Information and Communication with guidelines on articles listed in Decree No. 97/2008/ND-CP.
• Pursuant to the 28/11/2008 Joint Circular No. 06/2008/TTLT-BTTTT-BCA, issued by the Ministry of Communication and Ministry of Public Safety to ensure the safety of telecommunication infrastructure and information security.
• At the proposal of the Office of Information and Communication – Hanoi City, listed in the 31/3/2010 official correspondent no. 278/STTTT-BCVT.

Article 1. Promulgate along with this decision the “Stipulations on the management, provision, and use of Internet services at retail locations in Hanoi City.”

Article 2. This decision will be effective 10 days after the signed date.

Article 3. Chief of Office of City’s People Committee, Directors of the following offices: Information and Communication, Education and Training, Planning and Investment, City Public Safety, Chairmen of People Committee in districts, towns, provinces, managers and presidents of all departments, branches, organizations, and all other related individuals are responsible for executing this decision.

Sent to:

• As addressed in Article 3;
• Ministry of Information and Communication;
• Department of Document Inspection;
• Provincial Secretary – Secretary of the City’s People Council;
• Chairman of City’s People Committee;
• All Deputies of City’s People Committee;
• Government Website;
• City’s Press Centre;
• Web portals;
• Government and Specialist offices;
• Office of Records.

In name of the People Committee
Deputy chief
Ngo Thi Thanh Hang

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness

THE PEOPLE COMMITTEE
HANOI CITY

Section I

GENERAL STIPULATIONS

Article 1. Objective and areas of revision
1. This stipulation revises the process of managing, providing, and using Internet services at retail locations in Hanoi City.
2. All organizations and individuals involve in managing, providing, and using Internet services at retail locations in Hanoi City must comply to this stipulation.

Article 2. Definition and Terminology
In this stipulation, the terms are defined as follow:
1. An Internet retailer is any organization, individual in Vietnam conducting business by selling Internet service to provide Internet connections, telecommunicating services via Internet for customers through wholesale contracts and commissions.
2. An Internet service business is a business in any economical composition founded in accord to Vietnam Law to provide public Internet service.
3. An Internet service user is any organization or individual who signed a contract with an Internet service business or an Internet retailer to use the Internet services provided.

Article 3. Prohibited activities
All activities listed under Article 6 of Decree No. 97/2008/ND-CP, issued by Prime Minister’s Office on the management, provision, and use of internet services and electronic information on the Internet are prohibited. They are as follow:
1. Abuse the Internet to:

a. Oppose the government of Socialist Republic of Vietnam; endanger national security, stability, public safety; disrupt the united harmony of the people; propagate war; create hatred, conflicts between minority groups, religious groups; provoke violence, pornography, crimes, social unrest, stereotypes; impair cultural values; call for illegal demonstrations, boycotts, unlawful gatherings for grievances and complaints.
b. Disclose national secrets, military secrets, security, economic, foreign policy and other best-kept secrets stipulated by law. c. Provide distorted information, slander, and defame values of any organization or citizen.
d. Advertise, propagate, buy, and sell illegal products or services.

2. Disrupt, destroy system hardware, devices and illegally impede the management, provision, and use of Internet services and telecommunication services via the net.
3. Steal and use passwords illegally, lock passwords and private communication of organizations and individuals on the net.
4. Create and plant spyware, malware, create websites, forum, and blog to carry out acts stipulated in Article 71 in Communication Law:

a. Change parameters pre-configured in digital devices;
b. Gather personal information from other people;
c. Delete or render ineffective security application installed on digital devices;
d. Disrupt user’s ability to delete or limit the use of unnecessary applications;
e. Hostile takeover user’s right to control digital device;
f. Change or delete information stored on digital device;
g. Any other acts that violate users’ rights and legal benefits of digital device.

Section II

SPECIFIC STIPULATIONS

Article 4. Stipulations for Internet retailers and businesses providing Internet service.
1. Internet retailers must meet the following requirements before begin operating:

a. Register the business at local Office of Business Registration according to stipulations in Business Law;
b. The service location registered must be at least 200 meters away from the entrance of any schools (from kindergarten to high school). The retailer must own the right to use the location. The location must be suitable for conducting the registered type of business with equipped with fire detector, fire extinguishers, sanitation equipment, noise control, light fixtures and other conditions to protect the safety and health of customers using the service. There must be at least one staff member with computer credential A or above;
c. Sign an authorization contract with the Internet service provider after complete the paperwork required for license registration;
d. Invest in setting up centralized control system on domain server PC with applied technical and professional conventions to guarantee system safety, secured communication correlate to the scope of business. Domain server must have an installed copy of Internet Service Retailers Management Software recognized by the authority;
e. Post Internet usage policy at the service retail location. This policy must clearly state all prohibited activities stipulated in Article 3 of this Stipulation; opening and closing hours; rates for using the internet service.

2. Internet retailers have the following rights and duties:

a. Set up Internet system peripherals at the location from which they legally own the right to use for the purpose of providing Internet service or other services using the Internet for telecommunication, with or without collection fee, as agreed in the operating contract;
b. Execute all lawful stipulations regarding Internet service’s provision and retail;
c. Deny service to individuals who violate Article 3 of this Stipulation or as requested by the authority.
d. Comply with all stipulations about guaranteeing information safety and security.
e. Request Internet service provider (ISP) to provide guidelines and information needed to honor the business contract, meanwhile subject to inspections and monitor by the ISP.
f. The maximum period for providing service is from 6 AM to 11 PM daily.
g. Must subject to investigations and inspections performed by the authority.

3. All organizations and individuals that are owners of hotels, restaurants, offices, airports, bus stations, etc… when providing Internet service to consumer at the locations stated above without a collection fee must sign a retail contract with the Internet service retailer and execute all stipulations apply to the retailer, except any stipulation relates to pricing and service hours.

Article 5. Stipulations for Internet Service Providers (ISP)
1. All ISPs must execute the rights and duties stipulate in Article 7 of Decree No. 97/2008/CD-CP issued on 8/28/2008 by the Office of Prime Minister on management, provision, and the use of Internet service along with other stipulations about Internet activities from the Authority and City.
2. Stop providing service and terminate all terms in retail contract with Internet service retailers when asked by the Authority.
3. ISPs providing Internet service on a monthly basis (before the 15th of the next month) must report to the Ministry of Information and Communication of Hanoi city all status relate to service expansion, the list of all Internet service retailers in Hanoi city; control policy issued to Internet service retailers; copy of contracts; technical training status of all Internet service retailers and information on technical approaches applied to manage Internet service retailers.

Article 6. Stipulations for Internet Service users at retail locations
1. Users must execute and comply with all stipulations in Article 12 of Decree No. 97/2008/CD-CP issued on 8/28/2008 by the Office of Prime Minister on management, provision, and the use of Internet service along with other stipulations about Internet activities from the Authority and City.
2. Users must notify local authority immediately when encounter news sites and other Internet service sites with contents that oppose the government of Socialist Republic of Vietnam, create social unrest.

Section III

RESPONSIBILITY OF ALL GOVERNMENT DEPARTMENTS AND BRANCHES IN INTERNET RETAILERS MANAGEMENT

Article 7. Information and Communication Department
1. This department specializes in helping the city’s People Committee to perform its duty in managing all activities from Internet retailers in Hanoi city. This department responsible for being the lead and coordinating with other departments, government branches, offices, People Committee from other locales, and other related authorities in the city’s area to manage Internet retail businesses.
2. Organize and coordinate with other related government offices to develop plans, investigate, periodically and non-periodically inspect all Internet retail business in the city’s area as required by law.
3. As authorized, handle all cases of violating the stipulations on the provision and use of Internet services at Internet retail businesses as stipulated in Decree No. 97/2008/CD-CP issued on 8/28/2008 by the Office of Prime Minister on management, provision, and use of Internet service and telecommunication services via the net.
4. Guide, encourage, and inspect periodically every 6 months or as requested by the city’s People Committee to make sure this Stipulation is followed; Report and make suggestions to the Ministry of Information and Communication or the city’s People Committee all measures that correspond to the development of Internet retail business in the city.

Article 8. Department of Public Safety
1. Coordinate with other units in the Ministry of Public Safety, Public Safety departments from other districts, cities to carry out technical measures, duties to ensure network safety and information security in all Internet activities as stipulated by the Ministry of Public Safety.
2. Coordinate with Department of Information and Communication and other related authorities to guide, inspect and handle any Internet activity violation.
3. Provide guidance to public safety officers from all districts, towns to perform Internet retail management duty.

Article 9. Department of Education and Training
1. Provide guidance to offices of Education and Training in all districts, towns, and in schools to make sure they comply with this Stipulation on campus.
2. Communicate and provide guidance to students and parents on and off campus about the use of Internet service.

Article 10. Department of Planning and Investment
1. Provide guidance to apply for business license and issue business license to corporations providing Internet service in the city.
2. Withdraw business license and remove business listing in the registration records as stipulated in Article 165 of Business Law and other governmental stipulations currently in effect.

Article 11. People Committee in districts and towns
1. Provide guidance to apply for business license and issue business license to retailers providing Internet service in the city.
2. Manage all Internet activities locally as authorized.
3. Inspect at least once a year and make sure that each local Internet retailer is following this Stipulation.
4. Provide guidance to local units of the People Committee in villages to communicate with the people; Coordinate with other offices to inspect, recognize violations in all local Internet retail activities.
5. Communicate to people all government and city’s stipulations about developing and using Internet services.
6. Make periodic report every 6 months or as requested to Department of Information and Communication about all local Internet retailers’ activities.

Article 12. Revisions and supplements to stipulation
In the process of complying with this stipulation, if inconveniences or problems arise, all organizations and individual involved must promptly notify Department of Information and Communication of Hanoi city so that they can report to the city’s People Committee for reviews, supplements, revisions.

In name of the People Committee
Deputy chief
Ngo Thi Thanh Hang