Circular No. 07/2008/TT-BTTTT dated December 18, 2008 of the Ministry of Information and Communication guiding a number of contents of the Governments Decree No. 97/2008/ND-CP dated August 28, 2008, on the management, provision and use of internet services and information on the internet regarding the supply of information on blogs

CIRCULAR

GUIDING A NUMBER OF CONTENTS OF THE GOVERNMENTS DECREE NO. 97/2008/ND-CP OF AUGUST 28, 2008, ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND INFORMATION ON THE INTERNET REGARDING THE SUPPLY OF INFORMATION ON BLOGS

Pursuant to the May 25, 2002 Ordinance on Post and Telecommunications;

Pursuant to the Governments 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 Governments 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 a number of contents of the Governments Decree No. 97/2008/ND-CP of August 28, 2008, on the management, provision and use of Internet services and information on the Internet regarding the supply of information on blogs (below referred to as Decree No. 97) as follows:

1. Blogs defined in Clause 12, Article 3 of Decree No. 97 are construed as follows:

Blogs are used to convey personal information for storage, exchange and sharing with a group of people or a community of Internet users. Blogs are created on the Internet and registered by their owners.

2. Clauses 3, 5 and 6, Article 4 of Decree No. 97 on the supply of information on blogs are guided as follows:

2.1. To encourage the development and use of blogs to help individuals improve their capacity of interaction on the Internet environment for exchanging and sharing information which is suitable to Vietnams fine customs and compliant with laws so as to enrich social life and increase community unity.

2.2. To encourage the use of standard Vietnamese on blogs.

2.3. To encourage the use of blogs on online social networks already registered for operation under Vietnams laws.

3. Prohibited acts in Article 6, Decree No. 97 on the supply of information on blogs are specified as follows:

3.1. Taking advantage of blogs for providing, transmitting or creating direct links to information that violates the provisions of Article 6, Decree No. 97.

3.2. Creating blogs in the name of other individuals or organizations; illegally using blogs of other individuals; providing untrue information that infringes upon lawful rights and interests of other organizations and individuals.

3.3. Disseminating press, literary and art works and publications that violate the press and publication laws.

3.4. Using personal information and images that violate Article 31 and Article 38 of the Civil Code.

3.5. Supplying on blogs information that violates regulations on intellectual property, e-commerce and other relevant laws.

4. Responsibilities of Internet users specified at Points c and d, Clause 2, Article 12 of Decree No. 97 are guided as follows:

4.1. Bloggers are responsible for the contents of information supplied, stored on and transmitted from their blogs, ensuring that such information does not violate laws and Section 3 of this Circular.

4.2. Bloggers shall protect their passwords, keywords and personal information.

5. Responsibilities of enterprises providing online social network services specified in Clause 2, Article 11 of Decree No. 97 in the supply of information on blogs are guided as follows:

5.1. To formulate and publish on their own websites regulations on the supply and exchange of information on blogs so as to ensure the observance of laws and Section 3 of this Circular.

To work out measures to handle blogs that violate their regulations on information supply.

5.2. To develop information management processes suitable to their service scope.

5.3. To establish a database on blogs under their management and supply information to competent state management agencies at the latters request.

5.4. To block and remove information that violates the provisions of law and Section 3 of this Circular when detecting such information or at the request of competent state management agencies.

5.5. To be subject to the examination and inspection of competent state agencies according to regulations.

6. Regulations on reporting on the provision of blog services by enterprises providing online social network services mentioned at Point d, Clause 2, Article 11 of Decree No. 97 are guided as follows:

6.1. To make biannual reports and irregular reports at the request of competent state management agencies.

6.2. A regular report has the following details:

a/ Date and code of the certificate of registration of the provision of online social network services, issued by the Ministry of Information and Communication;

b/ Date of officially providing blog services

c/ Address of the head office;

d/ Full name, telephone number and e-mail of the authorized representative;

e/ Number of blogs managed by the enterprise and statistical data as requested by competent agencies;

f/ Data on blogs that violate the enterprises regulations on information supply and exchange.

6.3. Enterprises providing online social network services, including blog services, shall send biannual reports before January 15 and July 15.

6.4 Address for sending reports:

a/ The Ministry of Information and Communication (the Department of Radio and Television Broadcast and E-Information Management).

E-mail: [email protected]

b/ Provincial-level Information and Communication Services of the localities where enterprises register their operation.

7. Implementation effect

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

7.2. Any problems arising in the course of implementation should be reported to the Ministry of Information and Communication for consideration and settlement.