Decision No. 92/2003/QD-BBCVT dated May 26, 2003 of the Ministry of Post and Telecommunications promulgating regulation on internet resources management and use

DECISION

PROMULGATING REGULATION ON INTERNET RESOURCES MANAGEMENT AND USE

THE MINISTER OF MPT

In accordance with Ordinance No.43/2002/PL-UBTVQH10 dated May 25, 2002 of the National Assembly Standing Committee on posts and telecommunications;

In accordance with Decree 55/2001/ND-CP dated August 23, 2001 of the Government on the management of Internet service provision and use;

In accordance with Decree 90/2002/ND-CP dated November 11, 2002 of the Government regulating the functions, duties, range of competence and organizational structure of MPT;

At the proposal of the Director of the Telecommunications Department,

HEREBY DECIDES:

Article 1: Attached to this decision is the Regulation on Internet resources management and use.

Article 2: This decision takes effect in 15 days after its publication in the Official Gazette.

Article 3: Chief of administrative bureau, Chief Inspector, directors of department, heads of units under MPT; domestic and foreign organizations and individuals taking part in Internet activities in Vietnam are due to abide by this decision.

REGULATIONS

ON INTERNET RESOURCES MANAGEMENT AND (Attached to Decision 92/2003/QD-BBCVT dated May 26, 2003 of the Minister of Posts and Telematics)

Chapter 1:

GENERAL PROVISIONS

Article 1: Scope and objectives

The regulation adjusts the Internet resources management and use to all domestic and foreign organizations, individuals involving in Internet field in Vietnam.

Article 2: Internet resources

Internet resource is a part of the national information resources, playing a vital role in Internet activities and must be legitimately and effectively managed, explored and used.

The use of Internet resources for purposes against the Socialist Republic of Vietnam, disturbing security, economy, social order and safety and violating the national habits and customs is strictly prohibited.
The transfer, leasing, acquisition of Internet resources in all kinds are strictly prohibited.

Article 3: Internet resources manager

Vietnam Internet Network Information Center (VNNIC) is an affiliation to the Ministry of Posts & Telematics to manage, allocate, supervise and promote the use of Internet resources in Vietnam.

Article 4: Definitions

The following definitions shall be deemed as follows:

1. Internet resources are all globally-identified Internet names and numbers and include:

- Domain name (DN)

- Internet address/ IP address (IPv4, IPv6)

- Autonomous System Number (ASN)

- Other names and numbers stipulated by competent international organizations on Internet resources.

2. Domain names are names used to identify Internet addresses.

2.1. Top level domain names:

2.1.1. Generic Top level domain names (gTLD) include: .COM; .NET; .EDU; .ORG; .INT; .BIZ; .INFO; .NAME; .PRO; .AERO; .MUSEUM; .COOP and other generic Top level domain names stipulated by competent international organizations on Internet resources.

2.1.2. Country code Top level domain names (ccTLD) include domain names stipulated according to international standards on country code (ISO3166). Country code domain names shall change when new nations and territories are established or merged. The top level domain name of Vietnam is .VN.

2.2. Under top level domain names are second, third, fourth, fifth domain names. 

3. Internet address is network address of Internet equipment and servers

3.1. IPv4 address consists of under-use class

3.2. IPv6 is a new generation of Internet address to be used in the future. 

4. Autonomous system number is number used to identify a computer network participating in routability activities in the Internet.

5. Domain name server is a group of servers interconnected to reply to a domain name corresponding IP address.

Chapter II:

RIGHTS AND OBLIGATIONS

Article 5: Rights and obligations of Vietnam Internet Network Information Center

1. Being an official representative of Vietnam Internet to participate in activities by international Internet organizations. Co-coordinating, co-operating with international organizations to stand-by explore domain name servers for .VN ccTLD. Registering and maintaining Internet resources used in Vietnam and developing the use of .VN ccTLD.

2. Establishing, exploring and maintaining 24x7x365 of domain name system of .VN ccTLD. Vietnam, protecting domain name data.

3. Supervising the use of IP address, autonomous system number and domain names allocated to agencies, organizations and individuals involving in Internet activities. Being entitled to request agencies, organizations and individuals involving in Internet activities to provide information and statistics figures related to Internet activities.

4. Ensuring the supply of IP address and autonomous system number to meet the requirements of agencies and organizations.

5. Managing, allocating Internet resources fairly and reasonably.

6. Collecting fees and expenses of Internet resources as functions, tasks, powers of the Vietnam Internet Network Information Center and stipulations by the law.

Article 6: Rights and obligations of agencies, organizations individuals using Internet resources

1. Domestic and foreign agencies, organizations and individuals involving in Internet activities shall be entitled to register third level domain names under second level domain names of .VN ccTLD and are responsible for ensuring safety and security for their own equipment and information on the Internet.

2. Agencies, organizations, enterprises having

3. Agencies, organizations, enterprises shall be responsible to return Internet resources to Vietnam Internet Network Information Center once no longer use them.

4. Agencies belong to political system include: Party, State, National Assembly, Vietnamese Fatherland Front and other political organizations shall only be allowed to use domain names under .VN ccTLD and store information on servers with IP address in Vietnam.

5. Besides using domain names under .VN ccTLD, electronics press can register domain names under generic Top level domain name (gTLD).

6. Other organizations, individuals shall be entitled to register domain name under .VN ccTLD or generic Top level domain names (gTLD). Organizations, individuals shall only have the right to use domain names under gTLD 24 hours after informing the Vietnam Internet Network Information Center at website http://www.gtld.info.vn

7. Legal foreign organizations, individuals shall be entitled to register domain names under .VN ccTLD at the Vietnam Internet Network Information Center and are responsible for complying with the Regulation.

8. Agencies, organizations, enterprises are entitled to:

8.1. Regulate sub-domain name registration procedures under their registered domain names but not against articles in the Regulation.

8.2. Implement management and allocation sub-domain names under their registered domain names.

8.3. Directly register IP address and autonomous system number from international organizations only after receiving permission from the Ministry of Posts & Telematics.

8.4. Not be entitled to use IP address outside the management, allocation by the Vietnam Internet Network Information Center and make them routable except connectivity with international port.

Chapter III:

DOMAIN NAME

Article 7: Top level domain (TLD) 

1. .VN is the country code Top Level Domain (ccTLD) according to international standard structure ISO3166 and stipulated for Internet servers registered in Vietnam.

2. The maximum number of domain name level, including .VN shall be five and uniqueness in each level must be assured.

Article 8: Second level domain name 

1. Generic Second level domain names (gSLD) are Internet domain names divided into categories, include:

1.1. COM.VN: for organizations, enterprises and commercial individuals.

1.2. BIZ.VN: for organizations, enterprises, and business individuals, similar to .COM.VN.

1.3. EDU.VN: for organizations, enterprises related to education and training.

1.4. GOV.VN: for agencies, organizations of the State mechanism at central and local level.

1.5. NET.VN: for agencies, organizations, enterprises implementing network functions.

1.6. ORG.VN: for socio-political organizations and agencies, organizations, enterprises participating in socio-political field.

1.7. INT.VN: for international organizations in Vietnam.

1.8. AC.VN: for research organizations and agencies, organizations, enterprises working in research field.

1.9. PRO.VN: for organizations, individuals working in professional fields.

1.10. INFO.VN: for organizations providing information sources on economic, political, cultural, social field and agencies, organizations, enterprises related to information sources and private information.

1.11. HEALTH.VN: for medical and pharmaceutical organizations and agencies, organizations, enterprises in medical and pharmaceutical field.

1.12. NAME.VN: for personal names involving in Internet activities

1.13. Other domain names stipulated by the Ministry of Posts & Telematics

 2. Geographical second level domain names are Internet domain names according to names of provinces and cities of central level, include:

ANGIANG.VN

BARIA-VUNGTAU.VN

BACLIEU.VN  

BACCAN.VN

BACGIANG.VN BACNINH.VN

BENTRE.VN BINHDUONG.VN

BINHDINH.VN BINHPHUOC.VN

BINHTHUAN.VN CAMAU.VN

CAOBANG.VN CANTHO.VN

DANANG.VN DACLAC.VN

DONGNAI.VN DONGTHAP.VN

GIALAI.VN HAGIANG.VN

HANAM.VN HANOI.VN

HATAY.VN HATINH.VN

HAIDUONG.VN HAIPHONG.VN

HOABINH.VN HUNGYEN.VN

TP-HOCHIMINH.VN KHANHHOA.VN

KIENGIANG.VN KONTUM.VN

LAICHAU.VN LANGSON.VN

LAOCAI.VN LAMDONG.VN

LONGAN.VN NAMDINH.VN

NGHEAN.VN NINHBINH.VN

NINHTHUAN.VN PHUTHO.VN

PHUYEN.VN UANGBINH.VN

QUANGNAM.VN QUANGNGAI.VN

QUANGNINH.VN QUANGTRI.VN

SOCTRANG.VN SONLA.VN

TAYNINH.VN THAIBINH.VN

THAINGUYEN.VN THANHHOA.VN

THUATHIENHUE.VN TIENGIANG.VN

TRAVINH.VN TUYENQUANG.VN

VINHLONG.VN VINHPHUC.VN

YENBAI.VN

3. Each Internet Exchange Provider (IXP), Internet Service Provider (ISP), Online Service Provider (OSP), Internet Content Provider (ICP) and other entities permitted by the Ministry of Posts and Telematics shall be entitled to register a second level domain name under .VN ccTLD.

Article 9: Domain name registration principles 

1. General principles

1.1. Encourage the universal use of domain names under .VN ccTLD. Prioritize domain names directly getting involved in business activities in Vietnam.

1.2. Registrants actively choose their registered domain names, in conformity with the current law and regulations on intellectual properties and provisions in the Regulation.

1.3. Register in principles of equality, regardless of registrant is an individual or organizations on first come, first served basis.

1.4. Domain name shall only be allocated once registrants supply full information on DNS server or targeted domain name it points to.

1.5. Registrants shall explain the correlation between registered domain names and their business and is liable for the accuracy of information provided to the Vietnam Internet Network Information Center.

2. Registered domain names shall not include phrases jeopardize the national benefits, inappropriate to the social virtue, national habits and customs.

3. Avoid registering domain names related to geographical indications, famous person, farther-figure or common names of economic industry, commodity, products, pharmaceuticals, inter-governmental, social, political organizations. In case of necessity, registrant must have legitimate rationale.

Article 10: Domain name registration and use procedures 

1. Registration file sent to the Vietnam Internet Network Information Center include:

- Domain name registration application form as per sample by the Vietnam Internet Network Information Center

-  Establishment Decision or Business License or Representative Office License for agencies, organizations, enterprises; Identity card or family record book for individuals; passport with permanent or temporary presence card issued by competent bodies or foreign individuals residing in Vietnam.

2. Address to receive registration file:

Vietnam Internet Network Information Center at 115 Tran Duy Hung, Cau Giay District, Hanoi or 27 Nguyen Binh Khiem, District 1, Ho Chi Minh http://www.vnnic.net.vn in case of online registration.

3. The response time to registration is 4 business days at the latest at website of the Vietnam Internet Network Information Center since the receipt of legal registration file. Cases of potential domain name dispute shall be listed at website http://www.vnnic.net.vn in 3 business days. After these 3 days and no dispute

4. Organizations, individuals wishing to register third level domain names under second level domain names of Internet service provider shall directly contact to corresponding ISPs.

5. Domain name allocated shall come to operation after 60 days at the latest. In excess of the time limit, domain name shall be revoked unless legitimate reasons are explained.

Article 11: Domain name storage 

1. Domain name shall be declared and stored in a server capable of ensuring information safety. Registrant has all rights to choose servers.

2. Information exchange in the use, maintenance shall be done in forms such as file transfer, web interface or email.

Article 12: Domain name change

 Domain name change includes:

1. Domain name complete change is registering a new domain name according to provision at Article 10 of the Regulation. The current domain name shall be obsoleted.

2. Change on information related to the operation and management of domain name such as technical parameters, business address, telephone, facsimile, email etc., Such changes should be filled in the Domain name change form as per sample by the Vietnam Internet Network Information Center and sent to the Vietnam Internet Network Information Center.

Article 13: Domain name temporary suspension and cancellation

1. Domain name shall be cancelled in the following cases:

1.1. Domain name shall be cancelled in the VNNICs receipt of legal request from registrants.

1.2. Registrant violates the law according written notice from competent State agencies.

1.3. Domain name shall be cancelled after 30 days since the suspension and registrants continue their violation.

2. Domain name shall be suspended in the following cases:

2.1. Registrant violates provisions of the Regulation

2.2. Registrant fails to pay the invoice on the due date

3. Notice

3.1. The Vietnam Internet Network Information Center shall send written notice of suspension or cancellation to registrants.

3.2. The suspension and cancellation shall be done immediately on the national DNS servers and Domain name database.

4. Domain name Restoration

Except domain name is cancelled as stipulated in 1.1.

Chapter IV:

IP ADDRESS

Article 14: IP address allocation and use principles

1. IP address allocation shall ensure:

1.1. Uniqueness and registration on the Internet

1.2. Routability

1.3. Conservation and fairness

2. IP address shall be allocated according to practical use requirement and forecast of network development in the future.

3. All IP addresses used in Vietnam Internet must belong to address spaces allocated to Vietnam by competent international organizations.

4. IP address allocated shall only used in Vietnam. IP address remains unused in excess of 6 months since allocation will be revoked if no reasonable reasons are explained.

5. IP address allocated by the Vietnam Internet Network Information Center is valid in the whole territory of Vietnam. Agencies, organizations, individuals getting involved in Internet activities shall implement routability policy of address spaces in accordance with instructions by the Vietnam Internet Network Information Center.

6. The allocation of new IP address shall only be considered once used up 80% of the previous allocation.

Article 15: Internet address registration procedures 

1. Registration file sent to the Vietnam Internet Network Information Center includes:

 IP address registration application form as per sample by the Vietnam Internet Network Information Center

2. Address to receive registration file:

Vietnam Internet Network Information Center at 115 Tran Duy Hung, Cau Giay District, Hanoi or 27 Nguyen Binh Khiem, District 1, Ho Chi Minh http://www.vnnic.net.vn in case of online registration.

3. The response time to address registration is 10 business days at the latest since the receipt of legal registration file.

Chapter V:

AUTONOMOUS SYSTEM NUMBER

Article 16: Autonomous System Number (ASN) allocation and use principles

 1. ASN allocation shall ensure:

1.1. Uniqueness and registration on the Internet

1.2. Routability

1.3. Conservation and fairness

2. Practical use requirements of organizations.

3. Use ASN with Vietnams IP address with independent routability policy, connectivity to ISPs with different routability policy.

4. Organizations to whom ASN is allocated to

5. ASN remains unused in excess of 6 months since allocation will be revoked.

Article 17: ASN registration procedures

1. Registration file sent to the Vietnam Internet Network Information Center includes:

 ASN registration application form as per sample by the Vietnam Internet Network Information Center

2. Address to receive registration file

Vietnam Internet Network Information Center at 115 Tran Duy Hung, Cau Giay District, Hanoi or 27 Nguyen Binh Khiem, District 1, Ho Chi Minh http://www.vnnic.net.vn in case of online registration.

3. The response time to ASN registration is 15 business days at the latest since the receipt of legal registration file

Chapter VI:

FEES AND EXPENSES

Article 18: Fees and expenses payment 

1. All fees and expenses as stipulated by the Ministry of Finance shall be paid to the Vietnam Internet Network Information Center before Internet resources are allocated and operate or maintain in the Internet.

2. When domain name registration is accepted, related fees and expenses shall be paid in 20 days time. After this duration, domain name in issue shall be open to registrants. Registrants can option to pay Internet resources fees and expenses annually or for multi-annually in 20 days time at the latest since the receipt of invoice.

3. The Vietnam Internet Network Information Center is responsible for collecting fees and expenses and sending invoice to registrants.

4. Registrant shall pay domain name fees and expenses directly to the Vietnam Internet Network Information Center. In case of authorization to other entity to make payment, the two parties shall arrange payment methods in accordance to this Regulation.

Article 19: Fees and expenses collection principles

 1. Each domain name record in the national DNS server shall be considered as a domain name to collect fees and expenses.

2. Fees and expenses rate shall be in accordance with regulations by the Ministry of Finance on Internet resources fees and expenses.

Chapter VII:

COMPLAINT AND VIOLATION RESOLUTION

Article 20: Complaint resolution 

1. When complaint on Internet resources management and use occurs, related parties can send a written document to the Vietnam Internet Network Information Center. On receipt of the complaint, the Vietnam Internet Network Information Center is responsible for reviewing and resolving the complaints according to the current regulation. In case complaint is related to domain name dispute resolution among parties, the Vietnam Internet Network Information Center shall encourage and create favorable conditions for parties to come to an agreement on dispute. In case of otherwise, the Vietnam Internet Network Information Center shall make decision according to the current law.

2. In case of disagreement with decision by the Vietnam Internet Network Information Center, related parties can submit documents to competent authority for resolution.

Article 21: Violation resolution

1. All violation of Regulation on Internet resources management and use shall be punished according to Governmental Decree No 55/2001/ND-CP dated August 23, 2001 by the Government on Internet management, provision and use and other legal regulations.

2. The Vietnam Internet Network Information Center shall co-ordinate with Post & Telematics Inspector in supervising and resolving violations on Internet resources.

Chapter VIII:

IMPLEMENTATION ARTICLES

Article 22: Implementation articles 

1. The Regulation shall become fully effective after 15 days since the issuance in the Official Gazette. All previously-promulgated regulations against the Regulation shall be aborted.

2. All entities as stipulated in Article 1 are responsible for correctly implementing the Regulation.

3. Vietnam Internet Network Information Center is responsible for:

3.1. Instructing, checking and warning agencies, organizations, individuals participating in Internet activities to correctly implement the Regulation.

3.2. Promulgating tables and figures related to the management and use of Internet resources.

3.3. In case of challenges and difficulties in the process of implementation, promptly feedback to the Ministry of Posts & Telematics for review, addition or amendment.