Decree No. 150/2018/ND-CP dated November 07, 2018 of the Government on amending certain decrees on investment and business requirements, and administrative procedures in the information and communications sector

THE GOVERNMENT

DecreeNo. 150/2018/ND-CP dated November 07, 2018 of the Government on amending certain decrees on investment and business requirements, and administrative procedures in the information and communications sector

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

Pursuant to the Law on Enterprises dated November 26, 2014;

Pursuant to the Law on Investment dated November 26, 2014 and the Law dated November 22, 2016 on amending and supplementing the Article 6 and the Appendix 4 on the List of conditional business lines stipulated in the Law on Investment;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to the Law on Postal Services dated June 17, 2010;

Pursuant to the Law on Publishing dated November 20, 2012;

Pursuant to the Press Law dated April 05, 2016;

At the request of the Minister of Information and Communications;

The Government promulgates a Decree amending certain decrees on investment and business requirements, and administrative procedures in the information and communications sector.

Article 1. To amend and abrogate certain articles of the Government’s Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration and implementation of the Law on publishing

1.To amendClause 1 Article 7 as follows:

a)To amendPoint a Clause 1 as follows:

“a) The application for the license for establishment of representative office shall be made in Vietnamese (if a foreign language document is submitted, it must be translated into Vietnamese and legally notarized) and submitted to the Ministry of Information and Communications. The application includes: The application form for the license; the written certification granted by a foreign competent authority certifying that the publishing house or the publication distribution company (the applicant) lawfully operates in the country where its head office is located; the certified copies or the copies presented with their originals for verification purpose of bachelor’s degree or academic qualifications of higher level, the criminal record and the family register or documents proving the lawful residence in Vietnam of the head of the representative office, issued by competent authorities of Vietnam;"

b)To amendPoint b Clause 1 as follows:

“b) Within 20 working days from the receipt of a complete application, the Ministry of Information and Communications shall issue the license for establishment of the representative office to the applicant; in case of refusal, a written response in which reasons for such refusal are indicated must be given to the applicant.

If an application submitted through the Internet or postal service is incomplete or contains incorrect forms of documents, within 03 working days from the receipt of the application, the Ministry of Information and Communications (the Agency of Publication, Print and Release) shall inform and instruct the applicant to modify the application either by telephone, email or fax.

A license for establishment of representative office is valid for 05 years from the date of issue and may be extended provided that each extension shall not exceed 05 years.”

2. To amendPoint c Clause 2 Article 7 as follows:

“c) Within 07 working days from the receipt of a complete application, the Ministry of Information and Communications shall re-issue or extend the license for establishment of the representative office; in case of refusal to re-issue or extend the license, a written response in which reasons for such refusal are indicated must be given to the applicant.”

3. To amendPoint a Clause 1 Article 8 as follows:

“a) It must have a head office of adequate area meeting relevant regulations on standards of working offices;”

4. To amendClause 1 Article 9 as follows:

a)To amendPoint a Clause 1 as follows:

“a) Before appointing the general director (or director) or the editor-in-chief of a publishing house, the agency in charge of managing such publishing house must submit an application for approval from the Ministry of Information and Communications. The application includes: The application form for approval of the personnel appointment; the resume of the to-be-appointed person; the certified copy or the copy presented with its original for verification purpose of the bachelor’s degree or higher of the to-be-appointed person;”

b)To amendPoint c Clause 1 as follows:

“c) Within 15 days from the receipt of a complete application, the Ministry of Information and Communications shall give or refuse to give a written approval for the appointment, dismissal or discharge of the general director (or director) or the editor-in-chief of a publishing house.”

5. To amendPoint b Clause 2 Article 13 as follows:

“b) With respect to documents proving production space: The certified copy or the copy presented with its original for verification purpose of the certificate of land use rights or the contract or any documents proving the land allocation or lease of land, premises or workshop."

6. To amendClause 2 and Clause 3 Article 14 as follows:

a)To amendPoint b Clause 2 as follows:

“b) Within 20 working days from the receipt of a complete application, the Ministry of Information and Communications shall issue the license to import publications to the applicant; in case of refusal, a written response in which reasons for such refusal are indicated must be given to the applicant.”

b)To amendPoint b Clause 3 as follows:

“b) Within 07 working days from the receipt of a complete application, the Ministry of Information and Communications shall re-issue the license to import publications to the applicant; in case of refusal to re-issue the license, a written response in which reasons for such refusal are indicated must be given to the applicant.”

7. To amendArticle 17 as follows:

a)To amendPoint a Clause 1 as follows:

“a) It must have a server located in Vietnam;”

b)To amendClause 2 as follows:

“2. Requirements regarding technicians in charge of operating and managing the publishing and distribution of e-publications are laid down in Point a Clause 1 and Point a Clause 2 Article 45 of the Law on Publishing. To be specific:

They must complete training courses in Information Technology.”

c)To amendPoint b Clause 3 as follows:

“b) Technical measures must be adopted to prevent unauthorized access via the Internet;”

8. To amendPoint b Clause 2 Article 18 as follows:

“b) Within 15 working days from the receipt of the documentation of registration of e-publication publishing or distribution, the Ministry of Information and Communications shall examine the implementation of the Scheme and give a written certification of registration of e-publication publishing or distribution to the applicant; in case of refusal, a written response in which reasons for refusal are indicated must be given to the applicant;”

9.To abrogate the following regulations of the Government’s Decree No. 195/2013/ND-CP dated November 21, 2013 on elaboration and implementation of the Law on publishing:

a) Point c Clause 1 Article 6;

b) Clause 3 Article 8;

c) Points b, c, e Clause 1 Article 17;

d) Point a Clause 3 Article 17;

dd) Clause 5 Article 17.

Article 2. To amend and abrogate of certain articles of the Government s Decree No. 72/2013/ND-CP dated July 15, 2013 on management, provision and use of Internet services and cyber information, as amended and supplemented in the Government s Decree No. 27/2018/ND-CP dated March 01, 2018

1.To amend Clause 2 Article 23a as follows:

“2. There are at least 01 employee in charge of contents and at least 01 employee in charge of technical management.”

2.To amend Article 23b as follows:

a) To amend Clause 3 as follows:

“3. The news website and social networking site of the same organization or enterprise may not use the same domain name which contains the same characters (including secondary domain names, e.g. forum.vnn.vn, news.vnn.vn are domain names containing different characters).”

b) To amend Clause 4 as follows:

“4. The domain name must be compliant with regulations on management and use of Internet resources. In case of international domain names, certification of using legal domain names is required.”

3.To amend Article 32a as follows:

a) To amend Clause 1 as follows:

“1. It has a headquarters with clear and contactable address and telephone number.”

b) To amend Clause 2 as follows:

“2. It employs at least 01 person in charge of administration of electronic games."

4.To amend Point b Clause 3 Article 33 as follows:

“b. It employs at least 01 person in charge of administration of electronic games."

5.To abrogatethe following regulations of the Government s Decree No. 72/2013/ND-CP dated July 15, 2013 on management, provision and use of Internet services and cyber information, as amended and supplemented in the Government s Decree No. 27/2018/ND-CP dated March 01, 2018:

a) Point b Clause 2 Article 14;

b) Point b Clause 2 Article 15;

c) Clause 2 Article 32b;

d) Clause 3 Article 32d;

dd) Point e Clause 4 Article 32d;

e) Clause 4 Article 33.

Article 3. To abrogate certain regulations of the Government’s Decree No. 102/2009/ND-CP dated November 06, 2009 on management of investment in IT application with funds from state budget

To abrogate the following regulations:

1.Clause 1 Article 60.

2.Article 61.

3.Article 62.

4.Article 63.

5.Article 64.

6.Article 65.

7.Article 66.

8.Article 67.

9.Article 68.

10.Article 69.

11.Article 70.

12.Article 71.

13.Article 72.

Article 4. To abrogate of certain regulations of the Government’s Decree No. 47/2011/ND-CP dated June 17, 2011 on implementation of the Law on Postal Services

The following regulations are abrogated:

1.Point c Clause 3 Article 11.

2.Point b Clause 2 Article 12.

3.Article 18.

Article 5. Effect

This Decree takes effect on December 24, 2018.

Article 6. Implementation

Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of people’s committees of provinces and central-affiliated cities, and relevant organizations and individuals shall be responsible for implementing this Decree./. 

On Behalf Of The Government
The Prime Minister
Nguyen Xuan Phuc