Decree No. 142/2016/ND-CP dated October 14, 2016 of the Government on the prevention of online information conflicts

DECREE

On the prevention of online information conflicts[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 19, 2015 Law on Cyber Information Security;

At the proposal of the Minister of National Defense;

The Government promulgates the Decree on prevention of online information conflicts.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the principles and contents of, measures and international cooperation for, and responsibilities of agencies, organizations and individuals for, preventing online information conflicts in Vietnam.

Article 2.Subjects of application

1. Vietnamese agencies, organizations and individuals; Vietnam-based international organizations, foreign organizations and individuals involved in or related to online information conflicts.

2. International organizations, foreign organizations and individuals or stateless persons that do not operate, work or reside in the Vietnamese territory but carry out activities causing online information conflicts in Vietnam.

Article 3.Interpretation of terms

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

1. Prevention of online information conflicts means the implementation of technological and technical measures to supervise, detect, warn, trace, filter, remedy and eliminate online information conflicts.

2. Online information filtering means technological and technical measures to scan and block information signals, packets and flows that cause conflicts in information and information systems.

3. Remediation of online information conflicts means the handling of incidents that cause online information conflicts.

4. Elimination of online information conflicts means the protection and lawful retaliation against sources of information that cause online conflicts.

5. Cyberspace means an environment formed by information infrastructure facilities and social entities’ activities to provide, transmit, collect, process, store and exchange information.

6. National sovereignty in cyberspace means every right of a state over the cyberspace in conformity with international law.

7. Professional units in charge of online information conflict prevention means professional agencies of the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications that are assigned to advise on, organize and directly undertake the online information conflict prevention (below referred to as professional agencies).

Article 4.Principles of prevention of online information conflicts

1. Adherence to the conditions, process, procedures, forms and competence prescribed by law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Constant and continuous prevention; proactive detection, prevention and timely and effective remediation to preclude every form of information warfare and cyber warfare.

3. Respect for and protection of lawful rights and interests of agencies, organizations and individuals.

Article 5.Funds

1. Funds for the prevention of online information conflicts shall be allocated from the state budget and included in estimates of annual state budget to be allocated to the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications.

2. The estimation, execution and finalization of the funds must comply with the Law on the State Budget and guiding documents.

Article 6.Responsibilities of professional agencies

1. To advise their ministers on the performance of tasks under their ministries’ responsibility to prevent online information conflicts and coordinate with professional agencies of other ministries in jointly performing the tasks.

2. To receive information on and settle online information conflicts reported by organizations and individuals; to supervise, detect, warn, trace, filter, remedy and eliminate online information conflicts according to their functions and tasks specified in Clauses 2, 3 and 4, Article 19 of this Decree.

3. To request organizations and individuals to provide necessary information, documents and equipment and assistance for the prevention of online information conflicts; to respond to and inform administrators of information systems of the receipt and settlement of online information conflicts.

Article 7.Provision of information

1. When detecting signs of or acts causing online information conflicts or damage of data and information systems, organizations and individuals shall fully report them and provide sufficient relevant information to professional agencies and information system administrators.

2. Professional agencies shall receive and process information reported by organizations and individuals on online information conflicts and notify the latter of results of the remediation of online information conflicts upon request.

Chapter II

CONTENTS OF ONLINE INFORMATION CONFLICT PREVENTION

Section 1

SUPERVISION, DETECTION AND WARNING OF ONLINE INFORMATION CONFLICTS

Article 8.Supervision, detection and warning of online information conflicts

1. Professional agencies and information system administrators shall constantly and continuously supervise, detect and warn online information conflicts.

2. National important information systems and international gateways shall be incorporated with solutions to supervise, detect and warn online information conflicts.

3. Administrators of national important information systems and international gateways shall cooperate with professional agencies in building, operating and maintaining systems to supervise, detect and warn online information conflicts, and providing training therein.

4. Professional agencies shall receive, analyze and process supervisory information then issue warnings to relevant organizations and individuals.

Article 9.Receipt and settlement of online information conflicts

1. Information system administrators shall receipt and settle online information conflicts and cooperate with professional agencies in responding to incidents and preventing online information conflicts.

2. Professional agencies shall receive and process information on, and settle online information conflicts among domestic and foreign organizations and individuals as prescribed in Clauses 2, 3 and 4, Article 19 of this Decree.

3. Professional agencies shall settle online information conflicts to prevent possible increase in conflict intensity and to avert all forms of warfare.

4. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and Ministry of Information and Communications in, reaching agreement on designating a national focal point for receiving information on and settling online information conflicts, facilitating the people’s and enterprises’ provision of information about online information conflicts.

Section 2

TRACING OF ONLINE INFORMATION CONFLICTS

Article 10.Content of online information conflict tracing

The tracing of online information conflicts covers the identification of information packets, information, source and destination addresses, service portals and methods and tricks of causing online information conflicts, perpetrators, purposes and degree of such conflicts.

Article 11.Online information conflict tracing results

1. Results of online information conflict tracing include documents and evidence which professional agencies have collected in an objective, precise and scientific manner.

2. Results of online information conflict tracing may be legally used for countering and preventing online information conflicts.

Article 12.Role and responsibility for tracing online information conflicts

1. The tracing of online information conflicts aims to detect, gather, assess and use information as evidence.

2. Professional agencies shall trace online information conflicts and identify methods, tricks and losses thereof in order to devise proper remedial measures.

3. The administrator of an information system involved in an online information conflict shall cooperate with professional agencies in tracing the precise source of such conflict.

4. Agencies, organizations and individuals shall, within the ambit of their tasks and powers, provide professional agencies with sufficient information in a timely manner for tracing work.

5. Agencies, organizations and individuals involved in or related to an online information conflict shall provide accurate information and be criminally or administratively penalized as appropriate if they intentionally provide false information to provoke warfare or sow hatred among nations.

Section 3

FILTERING, REMEDIATION AND ELIMINATION OF ONLINE INFORMATION CONFLICTS

Article 13.Filtering of online information

Telecommunications and Internet service providers shall filter information in one of the following cases:

a/ The source of an online information conflict adversely affecting national defense, security or state sovereignty in cyberspace is identified;

b/ The request of a party affected by an online information conflict is confirmed  reasonable;

c/ A professional agency so requests.

Article 14.Remediation of online information conflicts

1. Information system administrators shall organize the remediation of conflicts in online information under their management and submit to professional agencies’ direction in the remediation.

2. Information system administrators shall make plans for remedying conflicts in online information under their management and summarize and report the performance and results of the remediation to professional agencies.

3. Professional agencies shall coordinate with information system administrators in remedying online information conflicts related to national defense, national security and state agencies under Clauses 2, 3 and 4, Article 19 of this Decree.

Article 15.Elimination of online information conflicts

1. Professional agencies shall eliminate online information conflicts.

2. Telecommunications and Internet service providers shall coordinate with professional agencies in eliminating online information conflicts.

3. The elimination of an online information conflict shall be carried out when:

a/ The source of the online information conflict is clearly identified;

b/ The personnel, technological and technical solutions and diplomatic measures are capable of eliminating the online information conflict;

c/ Notifications have been sent directly or by telephone or email or via the mass media to the organizations and individuals related to the source of the online information conflict.

Section 4

INFORMATION, COMMUNICATION, EDUCATION AND INTERNATIONAL COOPERATION IN THE PREVENTION OF ONLINE INFORMATION CONFLICTS

Article 16.Information, communication and education for prevention of online information conflicts

1. Contents of information, communication and education

a/ Laws and policies on the prevention of online information conflicts;

b/ Position, role and importance of the prevention of online information conflicts;

c/ Methods, tricks and risks of causing online information conflicts;

d/ Knowledge and skills to proactively prevent online information conflicts;

dd/ Measures and experience in preventing online information conflicts;

e/ Responsibilities of agencies, organizations, enterprises and individuals for preventing online information conflicts;

g/ Other matters relating to the prevention of online information conflicts.

2. Forms of information, communication and education

a/ Direct meeting, conversation and discussion;

b/ Via the mass media;

c/ Activities at education and training institutions and information security societies;

d/ Legal quizzes and community activities;

dd/ Other lawful forms.

3. Information, communication and education activities shall be intensified for administrators of national important information systems; providers of network infrastructure, telecommunications and Internet services; societies and clubs on information technology, information safety and telecommunications engineering; and in regions where online information conflicts frequently occur.

4. The Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications shall coordinate with the Ministry of Education and Training, relevant ministries and sectors in organizing information, communication and education on the prevention of online information conflicts within the ambit of their powers and responsibilities defined in Clauses 2, 3 and 4, Article 19 of this Decree for raising awareness, responsibility and effectiveness in the prevention of online information conflicts.

Article 17.Contents of international cooperation in prevention of online information conflicts

1. International cooperation in collecting, studying and exchanging information and experience in preventing online information conflicts; organizing training in the prevention of online information conflicts; holding international conferences and workshops on issues in the prevention of online information conflicts; providing assistance in physical foundations, technologies and techniques to strengthen professional agencies.

2. International cooperation in eliminating risks of online information conflicts that occur in a nation but aim at another; coordinated investigation upon international request for prevention of online information conflicts in compliance with the laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Holding consultations on activities of preventing online information conflicts and cooperating with other countries in settling matters related to the prevention of online information conflicts.

Article 18.Refusal of international cooperation in prevention of online information conflicts

Professional agencies and related agencies and organizations of Vietnam may refuse requests for cooperation that may adversely affect the sovereignty, national defense, national security and interests of the State or do not comply with the laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, INDIVIDUALS AND PROVIDERS OF TELECOMMUNICATIONS AND INTERNET SERVICES FOR PREVENTING ONLINE INFORMATION CONFLICTS

Article 19.State management of the prevention of online information conflicts

1. The Government shall perform the uniform state management of the prevention of online information conflicts.

2. The Ministry of National Defense is answerable to the Government for assuming the prime responsibility for, and coordinating with relevant bodies in, preventing online information conflicts for the purpose of:

a/ Preventing and countering information warfare and cyber warfare;

b/ Preventing foreign military forces from exploiting informational technologies and techniques to sabotage data and information systems, or domestic and overseas organizations from exploiting informational technologies and techniques to harm data and information systems of military or national defense activities, and information systems of class 3 or higher class to cause harms to the national defense.

3. The Ministry of Public Security is answerable to the Government for assuming the prime responsibility for, and coordinating with relevant agencies according to its functions and tasks in preventing online information conflicts between two or more domestic and overseas organizations that exploit information technologies and techniques to sabotage national security, social order and safety.

4. The Ministry of Information and Communications is answerable to the Government for assuming the prime responsibility for, and coordinating with relevant agencies according to its functions and tasks in preventing online information conflicts between two or more domestic and overseas organizations that exploit information technologies and techniques to adversely affect the safety of information of information systems, sabotage production activities, lawful rights and interests of organizations and individuals, and public interests.

Article 20.The Ministry of National Defense

1. To assume the prime responsibility for the prevention of online information conflicts to defend state sovereignty in cyberspace according to its functions and tasks.

2. To organize and develop professional forces that are highly combative, coordinate and utilize national defense resources to prevent online information conflicts for the purposes specified in Clause 2, Article 19 of this Decree, and to safeguard state sovereignty in cyberspace.

3. To formulate, amend and supplement or submit to competent authorities for promulgation, or promulgate according to its competence, legal documents on prevention of online information conflicts and safeguarding of state sovereignty in cyberspace.

4. To assume the prime responsibility for, and coordinate with relevant agencies in training personnel in preventing online information conflicts.

5. To direct military forces to cooperate with professional agencies of the Ministry of Public Security and Ministry of Information and Communications to organize training and drills in preventing online information conflicts and defending state sovereignty in cyberspace.

6. To increase investments in and provide adequate professional equipment for the prevention of online information conflicts.

7. To regularly exchange information with the Ministry of Public Security, Ministry of Information and Communications and Ministry of Foreign Affairs on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

8. To implement international cooperation in preventing online information conflicts.

Article 21.The Ministry of Public Security

1. To assume the prime responsibility for preventing online information conflicts in order to safeguard the national security, social order and safety and prevent and fight crimes.

2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense, Ministry of Information and Communications and relevant agencies and organizations in, devising and implementing measures to detect, prevent, combat and eliminate activities in cyberspace which threaten national security, social order and safety and crime prevention and combat; to handle violations of state sovereignty in cyberspace according to its assigned functions and tasks.

3. To direct its forces to coordinate with professional agencies of the Ministry of National Defense and Ministry of Information and Communications in organizing training and drills in preventing online information conflicts, defending national security, social order and safety and preventing and fighting crime; to implement international cooperation in preventing online information conflicts.

4. To regularly exchange and provide information to the Ministry of National Defense and Ministry of Information and Communications on circumstances and risks of information safety and on the prevention of online information conflicts and protection of state sovereignty in cyberspace.

Article 22.The Ministry of Information and Communications

1. To assume the prime responsibility for, and coordinate with ministries, sectors, local administrations, enterprises and organizations in, taking information security measures; to inspect and evaluate information security incidents; to give warnings and coordinate the response to and remediation of network problems.

2. To assume the prime responsibility for providing guidance to ministries, sectors and localities and advice to the Government on the issuance of a list of national important information systems.

3. To regularly exchange and provide information to the Ministry of National Defense and Ministry of Public Security on circumstances and risks of information security in relation to the prevention of online information conflicts and safeguarding of state sovereignty in cyberspace; to implement international cooperation in preventing online information conflicts according to its functions and tasks.

4. To direct agencies, units and enterprises in information technology, telecommunications and information security to cooperate closely with professional agencies of the Ministry of National Defense and Ministry of Public Security in protecting national important information systems, investigating cybercrimes and safeguarding state sovereignty in cyberspace.

Article 23.The Ministry of Foreign Affairs

To assume the prime responsibility for, and coordinate with  the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications in, implementing solutions to protecting information systems of overseas representative missions of the Socialist Republic of Vietnam; to coordinate in carrying out foreign-relation activities related to the prevention of online information conflicts and safeguarding of state sovereignty in cyberspace.

Article 24.TheMinistry of Science and Technology

1. To advise the Government on the identification of science and technology tasks related to the prevention of online information conflicts and safeguarding of state sovereignty in cyberspace.

2. To direct its agencies and units to cooperate with professional agencies of the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Technology in performing science and technology tasks and strengthening scientific and technological potential in protecting national important information systems and safeguarding state sovereignty in cyberspace.

Article 25.The Ministry of Finance

To ensure funds for the prevention of online information conflicts in accordance with the law on the state budget.

Article 26.Other ministries, sectors and provincial-level People’s Committees

1. To assign their agencies responsible for giving advice on the state management of information technology and online information security to prevent online information conflicts, including supervision, detection, warning, tracing and remediation of online information conflicts.

2. To assume the prime responsibility for, and coordinate with professional agencies in, implementing plans to protect information systems under their management; to readily mobilize forces and resources for the prevention of online information conflicts and safeguarding of state sovereignty in cyberspace in accordance with law.

3. To coordinate with professional agencies in implementing, and pressing for the implementation of, policies, strategies and plans to prevent online information conflicts; to address and remedy incidents related to online information conflicts.

Article 27.Organizations and individuals

1. Administrators of information systems shall carry out measures to protect the systems and prevent online information conflicts under their management; to closely coordinate with professional agencies in implementing solutions to prevent online information conflicts.

2. Agencies, organizations and individuals shall be responsible for precluding online information conflict-provoking activities that originate from their information systems, and cooperate in tracing online information conflicts and remedy their consequences.

Article 28.Telecommunications and Internet service providers

1. To provide adequate information and cooperate in verifying and blocking information sources that cause online conflicts upon request of professional agencies.

2. To implement online information security solutions; to monitor and expose information sources causing online information conflicts and inform professional agencies thereof in a timely manner.

3. To cooperate with the Ministry of National Defense, Ministry of Public Security and Ministry of Information and Communications in implementing technological and informational solutions and measures to prevent online information conflicts.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 29.Effect

This Decree takes effect on December 1, 2016.

Article 30.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, Vietnamese organizations and individuals; foreign organizations and individuals and international organizations in Vietnam; and related providers of telecommunications and Internet services shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC