|
THE
NATIONAL ASSEMBLY Number:
67/2006/QH11 |
|
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness Ha Noi , June 29, 2006 |
Law
On
information technology
(No. 67/2006/QH11)
Pursuant to the
1992 Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of
December 25, 2001, of the Xth National Assembly, the 10th session,
This Law provides for information technology.
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope of regulation
This Law provides for information technology application
and development activities, measures to ensure information technology
application and development, and rights and obligations of agencies,
organizations and individuals (hereinafter collectively referred to as
organizations and individuals) engaged in information technology application
and development activities.
Article 2.- Subjects of application
This Law applies to Vietnamese and foreign organizations
and individuals engaged in information technology application and development
activities in Vietnam.
Article 3.- Application of the Information Technology Law
1. When disparities appear between the provisions of the
Information Technology Law and those of other laws on the same matters related
to information technology application and development activities, the
provisions of the Information Technology Law prevail.
2. When a treaty to which the Socialist Republic of Vietnam
is a contracting party contains provisions different from those of this Law,
the provisions of that treaty prevail.
Article 4.- Interpretation of terms
In this Law, the terms below are construed as follows:
1. Information technology means
a combination of scientific and technological methods and modern technical
tools for the production, transmission, collection, processing, storage and
exchange of digital information.
2. Digital information means
information generated by the method of using digital signals.
3. Network environment means
an environment in which information is supplied, transmitted, collected,
processed, stored and exchanged via information infrastructure.
4. Information infrastructure means
a system of equipment in service of the production, transmission, collection,
processing, storage and exchange of digital information, including
telecommunications networks, the Internet, computer networks and databases.
5. Information technology
application means the use of information technology in
socio-economic, external, defense, security and other activities with a view to
raising the productivity, quality and efficiency of these activities.
6. Information technology
development means research and development activities relating
to the process of production, transmission, collection, processing, storage and
exchange of digital information; development of information technology human
resources; development of the information technology industry and development
of information technology services.
7. Digital gap means
the difference in conditions and ability to use computer and information
infrastructure to access sources of information and knowledge.
8. Venture investment in the
information technology domain means investment in enterprises
operating in such domain with prospect of bringing huge profits but also with
high risks.
9. Information technology industry means
a hi-tech econo-technical sector, which produces and supplies information
technology products, including hardware and software products and digital
information contents.
10. Hardware means
complete digital equipment; component assemblies; components; parts of digital
equipment, component assemblies or components.
11. Digital equipment means
electronic, computer, telecommunications, transmission, radio-receiving and
-transmitting equipment or other integrated equipment, which is used for the
production, transmission, collection, processing, storage and exchange of
digital information.
12. Software means
a computer program which is described by a system of signs, codes or languages
for controlling digital equipment to perform certain functions.
13. Source code means
a pre-compilation product of a software, which is yet able to control digital
equipment.
14. Computer language means
a post-compilation product of a software, which is able to control digital
equipment.
15. Spam means an
email or a message sent to a recipient who does not wish or has no
responsibility to receive it according to the provisions of law.
16. Computer virus means
a computer program which can spread or cause malfunction of digital equipment,
or which can copy, modify or delete information stored in digital equipment.
17. Website means a
website or a collection of websites in the network environment in service of
information supply and exchange.
18. Digitalization means
the change of information of various types into digital information.
Article 5.- State policies on information technology application
and development
1. To prioritize the information technology application and
development in socio-economic development strategies and in national
industrialization and modernization.
2. To create favorable conditions for organizations and
individuals engaged in information technology application and development
activities to meet socio-economic development, external relation, defense and
security requirements; to develop the information technology industry into a
key economic sector, meeting the domestic market and export demands.
3. To promote investment in the information technology
domain.
4. To earmark part of the state budget for the application
of information technology to essential domains, the establishment of the
information technology industry and the development of information technology
human resources.
5. To create favorable conditions for the development of
the national information infrastructure.
6. To adopt preferential policies for organizations and
individuals to carry out information technology application and development
activities in agriculture; in rural, deep-lying, remote and border and island
areas, and for ethnic minority people, disabled people and people in plights.
7. To guarantee legitimate rights and interests of
organizations and individuals engaged in information technology application and
development.
8. To boost international exchange and cooperation; to
encourage cooperation with overseas Vietnamese organizations and individuals in
the information technology domain.
Article 6.- Contents of state management of information
technology
1. Formulating, and organizing the implementation of,
information technology application and development strategies, plannings, plans
and policies.
2. Elaborating, promulgating, propagating, popularizing,
and organizing the implementation of, legal documents, national standards and
technical regulations in the information technology domain.
3. Managing information safety and security in information
technology application activities.
4. Managing and using the national information resources
and database.
5. Managing and facilitating international cooperation on
information technology.
6. Managing, training, retraining and developing
information technology human resources.
7. Formulating mechanisms, policies and regulations related
to products and public services in the information technology domain.
8. Formulating mechanisms, policies and regulations on
mobilization of information technology human resources in service of defense
and security and in emergency circumstances specified in Article 14 of this
Law.
9. Managing information technology statistics.
10. Inspecting, examining, settling complaints and
denunciations, and handling violations in the information technology domain.
Article 7.- Responsibility to perform the state management of
information technology
1. The Government shall perform the unified state
management of information technology.
2. The Ministry of Post and Telematics is answerable to the
Government for assuming the prime responsibility for, and coordinating with
concerned ministries and ministerial-level agencies in, performing the state
management of information technology.
3. Ministries and ministerial-level agencies shall, within
the ambit of their respective tasks and powers, assume the prime responsibility
for, and coordinate with the Ministry of Post and Telematics in, performing the
state management of information technology according to the Government's
assignment.
4. Provincial/municipal People's Committees shall, within
the ambit of their respective tasks and powers, perform the state management of
information technology in their respective localities.
5. The application of information technology to state
agencies' operation shall be specified by the Government.
Article 8.- Rights of organizations and individuals engaged in
information technology application and development
1. Organizations and individuals engaged in information
technology application have the following rights:
a/ To seek, exchange and use information in the network
environment, except information with contents specified in Clause 2, Article 12
of this Law;
b/ To request the restoration of their information or the
restoration of the ability to access their sources of information when the
contents of such information do not breach the provisions of Clause 2, Article
12 of this Law;
c/ To request competent state agencies to deal according to
the provisions of law with cases where the restoration of information or the
restoration of the ability to access such sources of information is rejected;
d/ To distribute contact addresses available in the network
environment after obtaining the consent of owners of such addresses;
e/ To refuse to provide or receive in the network
environment products or services in contravention of law and take
responsibility for such refusal.
2. Organizations and individuals engaged in information
technology development have the following rights:
a/ To research into and develop information technology
products;
b/ To produce information technology products; to
digitalize, maintain and increase the value of information resources.
3. State agencies may refuse to receive information in the
network environment if the reliability and confidentiality of the information
transmitted via the network environment are not secured.
Article 9.- Responsibilities of organizations and individuals
engaged in information technology application and development
1. Organizations and individuals engaged in information
technology application shall be responsible for the contents of their digital
information in the network environment.
2. Organizations and individuals carrying out business
activities in the network environment shall post in the network environment
relevant information, including:
a/ Their names, geographical addresses, telephone numbers
and email addresses;
b/ Their establishment decisions, operation licenses or
business registration certificates (if any);
c/ Names of provider-managing agencies (if any);
d/ Prices, taxes and freights (if any) of goods or
services.
3. Organizations and individuals engaged in information
technology development have the following responsibilities:
a/ To ensure the truthfulness of research and development
results;
b/ To guarantee the legitimate rights and interests of
owners of databases and not to obstruct the use of those databases in
performing acts of re-producing, distributing, advertising for, transmitting or
supplying contents constituting those databases.
4. When operating in the network environment, state
agencies have the following responsibilities:
a/ To announce on the mass media the activities carried out
in the network environment according to the provisions of Clause 1, Article 27
of this Law;
b/ To notify their contact addresses in the network
environment to concerned organizations or individuals;
c/ To reply according to their competence to documents sent
by organizations or individuals via the network environment;
d/ To supply information in service of public interests as
well as administrative procedures in the network environment;
e/ To use e-signatures according to the provisions of law
on e-transactions;
f/ To ensure the reliability and confidentiality of
information in sending and receiving documents in the network environment;
g/ To ensure the accuracy, completeness and timeliness of
information and documents which are exchanged, supplied and commented in the
network environment;
h/ Unless in force majeure circumstances,
to ensure that the system of equipment for supplying information or gathering
comments in the network environment works both within and beyond working hours;
i/ To supply information and gather comments via websites
in accordance with Article 28 of this Law.
Article 10.- Information technology
inspectorate
1. The Post and Telematics Ministry's Inspectorate shall
perform the specialized information technology inspection.
2. The organization and operation of information technology
inspectorates shall comply with the law on inspection.
Article 11.- Information technology societies
and associations
1. Information technology societies and associations shall
protect the legitimate rights and interests of organizations and individuals
engaged in information technology application and development.
2. Information technology societies and associations will
be organized and operate in accordance with the law on associations.
Article 12.- Prohibited acts
1. Obstructing lawful activities or supporting illegal
activities in information technology application and development; illegally
obstructing the operation of the system of national domain-name servers;
destroying the information infrastructure or destroying information in the
network environment.
2. Supplying, exchanging, transmitting, storing or using
digital information for the following purposes:
a/ Opposing the State of the Socialist Republic of Vietnam
or undermining the all-people unity bloc;
b/ Exciting violence, propagating wars of aggression;
sowing hatred among nations and peoples, exciting obscene, depravation, crime,
social evils or superstition; undermining the nation's fine traditions and
customs;
c/ Revealing state secrets, military, security, economic,
external relation or other secrets provided for by law;
d/ Distorting, slandering, or offending the prestige of
organizations or the honor, dignity or prestige of citizens;
e/ Advertising for or propagating goods or services banned
by law.
3. Infringing upon intellectual property rights in
information technology activities; illegally producing or circulating
information technology products; forging websites of other organizations or
individuals; creating illegal links to domain names lawfully used by
organizations or individuals.
Chapter
II
INFORMATION
TECHNOLOGY APPLICATION
Section
1. GENERAL PROVISIONS ON INFORMATION TECHNOLOGY APPLICATION
Article 13.- General principles for
information technology application
1. Organizations and individuals may carry out information
technology application activities according to the provisions of this Law and
other relevant provisions of law.
2. The State encourages the application of information
technology to socio-economic, external relation, defense and security
activities; prevention and combat of floods, storms, natural disasters and
other catastrophes; salvage, rescue and other activities.
3. Organizations and individuals conducting
telecommunications, broadcasting or television activities in the network
environment shall abide by the provisions of law on telecommunications and
press and the provisions of this Law.
Article 14.- Prioritizing the application of
information technology in emergency circumstances
1. Competent state agencies shall decide to mobilize part
or whole of the information infrastructure to prioritize information technology
application in one of the following emergency circumstances:
a/ Serving prevention and combat of floods, storms, fires,
natural disasters or other catastrophes;
b/ Serving emergency and prevention and control of
epidemics;
c/ Serving salvage and rescue;
d/ Serving defense and security, maintaining social order
and safety, and preventing and controlling crimes.
2. The Government shall specify the prioritized application
of information technology in emergency circumstances.
Article 15.- Management and use of digital
information
1. Organizations and individuals may freely use digital
information for legitimate purposes in accordance with the provisions of law.
2. Competent state agencies shall take measures to ensure
the convenient access and use of digital information.
3. The supply, exchange, transmission, storage and use of
digital information must not violate the provisions of Clause 2, Article 12 of
this Law and other relevant provisions of law.
4. When digital information owners have warned or the law
provides that the quotation of information is not allowed, organizations or
individuals may not quote contents of digital information of other
organizations or individuals.
5. When the quotation of digital information is allowed,
organizations and individuals shall clearly indicate sources of such
information.
Article 16.- Transmission of digital
information
1. Organizations and individuals may transmit digital
information of other organizations and individuals in accordance with the
provisions of this Law.
2. Organizations and individuals that transmit digital
information of other organizations and individuals are not responsible for the
contents of information which is stored in an automatic, intermediary or
temporary manner for technical requirements if the temporary storage aims to
serve information transmission and the information is stored in the duration
long enough for the transmission.
3. Organizations and individuals that transmit digital
information shall promptly take necessary measures to stop the illegal access
to or illegal deletion of information at the request of competent state
agencies.
4. Organizations and individuals that transmit digital
information of other organizations and individuals are not responsible for the
contents of that information, except when they perform one of the following
acts:
a/ They themselves start the transmission of information;
b/ They select recipients of transmitted information;
c/ They select and modify the contents of transmitted
information.
Article 17.- Temporary storage of digital
information
1. Organizations and individuals may temporarily store
digital information of other organizations and individuals.
2. Organizations and individuals that temporarily store
digital information of other organizations and individuals are not responsible
for the contents of that information, except when they take one of the
following acts:
a/ Modifying the contents of information;
b/ Failing to observe the provisions on accessing or
updating information contents;
c/ Illegally collecting data by temporarily storing
information;
d/ Disclosing confidential information.
Article 18.- Lease of digital information
storage space
1. Lease of digital information storage space means the
service of leasing the storage equipment capacity for information storage in
the network environment.
2. The contents of digital information to be stored must
not breach the provisions of Clause 2, Article 12 of this Law.
3. Organizations and individuals that lease space for
digital information storage have the following responsibilities:
a/ To comply with competent state agencies' request to
determine lists of owners that hire digital information storage space for the
establishment of their websites and lists of owners of digital information
stored by such organizations or individuals;
b/ To promptly take necessary measures to stop the illegal
access to or illegal deletion of digital information at the request of
competent state agencies;
c/ Where they themselves detect, or are informed by
competent state agencies that the stored information is illegal, to cease
leasing digital information storage space to other organizations or
individuals;
d/ To ensure confidentiality of information of
organizations or individuals that hire information storage space.
Article 19.- Digital information search tools
1. A digital information search tool means a computer
program which receives the request for digital information search, searches for
digital information and sends back the searched digital information.
2. The State adopts policies to encourage organizations and
individuals to develop and supply digital information search tools.
3. When organizations and individuals themselves detect, or
are informed by competent state agencies that digital information sources are
illegal, they shall cease supplying other organizations and individuals with
tools of searching for those information sources.
Article 20.- Monitoring and supervision of
digital information contents
1. Competent state agencies shall monitor and supervise
digital information; investigate law violations committed in the course of
transmitting or storing digital information.
2. Except when requested by competent state agencies,
organizations and individuals engaged in information technology application are
neither responsible for monitoring or supervising digital information of other
organizations and individuals nor for investigating law violations committed in
the course of transmitting or storing digital information of other
organizations and individuals.
Article 21.- Collection, processing and use
of personal information in the network environment
1. Unless otherwise provided for by law, organizations and
individuals that collect, process and use personal information of other people
in the network environment must obtain the consent of those people.
2. Organizations and individuals that collect, process and
use personal information of other people have the following responsibilities:
a/ To inform those people of the form, scope, place and
purpose of collecting, processing and using their personal information;
b/ To use the collected personal information for proper
purposes and store it only for a given period of time set by law or as agreed
upon by the two parties;
c/ To take necessary managerial and technical measures to
ensure that personal information shall not be lost, stolen, disclosed, modified
or destroyed;
d/ When requested to re-inspect, correct or cancel
information as stipulated in Clause 1, Article 22 of this Law, to immediately
take necessary measures; to refrain from supplying or using relevant personal
information until it is corrected.
3. Organizations and individuals may collect, process and
use personal information of other people without the latter's consent when that
information is used for the following purposes:
a/ Signing, modifying or performing contracts on the use of
information, products or services in the network environment;
b/ Calculating charges for use of information, products or
services in the network environment;
c/ Performing other obligations provided for by law.
Article 22.- Storage and supply of personal
information in the network environment
1. Individuals may request organizations or individuals
that store their personal information in the network environment to inspect,
correct or cancel such information.
2. Unless otherwise provided for by law or consented by
people, organizations or individuals may not supply those people's personal
information to a third party.
3. Individuals may claim compensations for damage caused by
violations in the supply of personal information.
Article 23.- Establishment of websites
1. Organizations and individuals may establish their
websites according to the provisions of law and shall manage the contents and
operation of those websites.
2. Organizations and individuals that use Vietnamese
national domain names ending in ".vn" for establishing their websites
need not to inform the Ministry of Post and Telematics thereof. Organizations
and individuals that do not use Vietnamese national domain names ending in
".vn" for establishing their websites shall inform the Ministry of
Post and Telematics in the network environment of the following information:
a/ Name of the organization written in the establishment
decision, operation license, business registration certificate, or permit for
setting up representative office(s); or name of the individual;
b/ Serial number, date and place of issue of the identity
card; or serial number, date and place of issue of passport of the individual;
c/ Address of head office of the organization; or place of
permanent residence of the individual;
d/ Telephone and facsimile numbers, email address;
e/ Registered domain names.
3. Organizations and individuals are responsible before law
for the accuracy of the information specified in Clause 2 of this Article and
shall notify the change in information, if any.
4. Websites used for press activities must comply with the
provisions of this Law, the law on press and other relevant laws.
5. Websites used for socio-economic, external relation,
defense and security activities must comply with the provisions of this Law and
other relevant laws.
Section
2. INFORMATION TECHNOLOGY APPLICATION TO OPERATION OF STATE AGENCIES
Article 24.- Principles for information
technology application to operation of state agencies
1. The application of information technology to operation
of state agencies must be prioritized and ensure publicity and transparency
with a view to raising the effectiveness and efficiency of operation of state
agencies and creating conditions for people to well exercise their civil rights
and duties.
2. The application of information technology to operation
of state agencies must promote the program on renewing the operation of state
agencies and the administrative reform program.
3. The supply and exchange of information must ensure its
accuracy and suitability to use purposes.
4. Operation processes and procedures must be made public
and transparent.
5. Using uniform standards, ensuring technological
compatibility in the entire information system of state agencies.
6. Ensuring security, safety, thrift and efficiency.
7. Heads of state agencies shall be responsible for
information technology application under their management.
Article 25.- Conditions for information
technology application to operation of state agencies
1. State agencies shall prepare conditions for the
application of information technology to their operation.
2. The Government shall specify conditions for ensuring the
application of information technology to the operation of state agencies;
formulate, and organize the implementation of, the national program on
application of information technology to operation of state agencies with the
following principal contents:
a/ Schedule for carrying out activities in the network
environment by state agencies;
b/ Branches or domains having great effects on
socio-economic development in which information technology application needs to
be prioritized;
c/ Sharing and joint use of digital information;
d/ Domains in which research and development, international
cooperation, human resources development and information infrastructure
construction are prioritized and encouraged to meet the requirements of
application of information technology to operation of state agencies in each
period;
e/ Financial sources for the application of information
technology to operation of state agencies;
f/ Key programs, schemes and projects on the application of
information technology to operation of state agencies.
Article 26.- Contents of information
technology application to operation of state agencies
1. Building and using the information infrastructure in
service of state agencies' operation as well as information exchange and supply
between state agencies and organizations or individuals.
2. Building, collecting and maintaining databases in
service of state agencies' operation and public interests.
3. Setting forms in service of exchanging and supplying
information and consulting organizations and individuals in the network
environment.
4. Establishing websites in accordance with Articles 23 and
28 of this Law.
5. Supplying and sharing information to and with other
state agencies.
6. Providing public services in the network environment.
7. Working out and realizing plans on training, and raising
cadres' and civil servants' awareness about, and their level of application of,
information technology.
8. Carrying out activities in the network environment in
accordance with Article 27 of this Law.
Article 27.- State agencies' operation in the
network environment
1. State agencies' operation in the network environment
covers:
a/ Supplying, exchanging and collecting information to and
with organizations and individuals;
b/ Sharing information among themselves and with other
state agencies;
c/ Providing public services;
d/ Other activities provided for by the Government.
2. The time and place of sending and receiving information
in the network environment shall comply with the provisions of law on
e-transactions.
Article 28.- Websites of state agencies
1. State agencies' websites must meet the following
requirements:
a/ Assuring convenient access by organizations and
individuals;
b/ Supporting organizations and individuals to access, and
use forms on, websites (if any);
c/ Ensuring the accuracy and uniformity in the contents of
information on websites;
d/ Regularly and promptly updating information on websites;
e/ Observing the provisions of law on protection of state
secrets.
2. The website of a state agency must have the following
principal information:
a/ The organizational structure, functions, tasks and
powers of that agency and of each of its dependent units;
b/ Specialized legal documents and relevant legal
documents;
c/ Administrative processes and procedures carried out by
dependent units; name of the person responsible for each step of the
administrative processes and procedures; the time limit for handling the
administrative procedures;
d/ Disseminating, popularizing, and guiding the
implementation of, specialized laws, regimes, policies, strategies and
plannings;
e/ The official list of email addresses of each dependent
unit and of competent cadres and civil servants;
f/ Investment projects and items, bidding, and procurement
of public property;
g/ The list of activities in the network environment
carried out by that agency as stipulated in Clause 1, Article 27 of this Law;
h/ The column for feedback from organizations and
individuals.
3. State agencies shall supply free of charge information
specified in Clause 2 of this Article.
Section
3. INFORMATION TECHNOLOGY APPLICATION TO COMMERCE
Article 29.- Principles for information
technology application to commerce
1. Organizations and individuals may apply information
technology to commerce.
2. Commercial activities in the network environment must
comply with the provisions of this Law, commercial law and law on
e-transactions.
Article 30.- Websites for goods sale
1. Organizations and individuals may establish their
websites for goods sale in accordance with this Law and other relevant
provisions of law.
2. A website for goods sale must satisfy the following
principal requirements:
a/ Supplying adequate and accurate information on goods,
services, transaction conditions, dispute settlement and damage compensation
procedures;
b/ Supplying consumers with information on safe and
convenient modes of payment in the network environment;
c/ Publicizing cases where consumers may cancel or amend
agreements in the network environment.
3. Organizations and individuals owning websites for goods
sale shall be responsible for information contents posted on their websites,
observe the provisions of this Law and other relevant provisions of law on
entry into contracts, goods ordering, payment, advertisement and sale
promotion.
Article 31.- Information supply for entry
into contracts in the network environment
1. Unless otherwise agreed by involved parties,
organizations and individuals that sell goods and/or provide services shall
supply the following information for the entry into a contract:
a/ Implementation order to be followed for entry into a
contract in the network environment;
b/ Technical measures to identify and modify incorrectly
loaded information;
c/ Archive of contract dossiers and permission for access
to such dossiers.
2. When supplying consumers with information on contractual
terms, organizations and individuals shall guarantee consumers' ability to
archive and re-generate such information.
Article 32.- Settlement of consequences of
incorrect loading of commercial information in the network environment
When a purchaser incorrectly loads information and sends it
into a website for goods sale while the information-loading system fails to
provide ability to modify the information, the purchaser may unilaterally
terminate the contract if he/she has already applied the following measures:
1. Promptly notifying the seller of the incorrectly loaded
information and the seller has already confirmed the receipt of that notice;
2. Returning the goods he/she has received but not yet used
or enjoyed any benefits from the goods.
Article 33.- Online payment
1. The State encourages organizations and individuals to
make online payment in accordance with law.
2. Conditions, order and procedures for making online
payment shall be specified by competent state agencies.
Section
4. APPLICATION OF INFORMATION TECHNOLOGY TO SEVERAL SECTORS
Article 34.- Application of information
technology to the education and training sector
1. The State shall adopt policies to encourage the
application of information technology to teaching, learning, enrolling,
training and other activities in the education and training sector in the
network environment.
2. Organizations and individuals that conduct education and
training activities in the network environment shall observe the provisions of
this Law and education law.
3. Competent state agencies shall formulate and execute
programs in support of organizations and individuals with a view to promoting
the application of information technology to education and training.
4. The Ministry of Education and Training shall specify
conditions for education and training activities, recognize the legal validity
of diplomas and certificates in education and training activities in the
network environment, and accredit the quality of education and training in the
network environment.
Article 35.- Application of information
technology to the healthcare sector
1. The State shall adopt policies to encourage the
application of information technology to the healthcare sector.
2. Organizations and individuals that conduct healthcare
activities in the network environment shall observe the provisions of this Law,
the law on medicine and pharmacy, and other relevant laws.
3. The Ministry of Health shall specify conditions for
carrying out healthcare activities in the network environment.
Article 36.- Application of information
technology to the culture and information sector
1. The State shall adopt policies to encourage the
application of information technology to digitalization of cultural products,
archive of and advertisement for digitalized cultural products, and other
activities in the cultural sector.
2. Organizations and individuals that carry out cultural or
press activities in the network environment shall observe the provisions of
this Law and the laws on press and culture and information.
3. Organizations and individuals that are entitled to state
funding supports for the digitalization of cultural products of conservation
value shall observe the Government's regulations on conditions for the
digitalization of cultural products of conservation value.
4. The Government shall provide for the management of
entertainment activities in the network environment in order to meet the
following requirements:
a/ Entertainment contents must be healthy and have
educational and cultural values, and must not run counter to the nation's fine
traditions and customs;
b/ Responsibilities and interests of participants in
entertainment activities in the network environment must be associated with
common interests of the society and community;
c/ Technical safety and service quality must be guaranteed;
d/ Political security and social order and safety must be
maintained, crimes arising from these activities must be prevented.
Article 37.- Application of information
technology to defense, security and several other sectors
The application of information technology to defense,
security and several other sectors shall comply with the Government's
regulations.
Chapter
III
INFORMATION
TECHNOLOGY DEVELOPMENT
Section
1. INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT
Article 38.- Promotion of information
technology research and development
1. The State encourages organizations and individuals to
research into and develop technologies and information technology products for
socio-economic development, defense and security maintenance, and improvement
of people's material and spiritual life.
2. Organizations and individuals engaged in research and
development of technologies and information technology products for
socio-economic management and technological renewal are entitled to tax, credit
and other preferences under the provisions of law.
3. The State creates conditions for organizations and
individuals engaged in scientific and technological activities to transfer
results of research into, and development of, technologies and information
technology products for wide application to production and life.
Article 39.- Material and technical
foundations in service of information technology research and development
activities
The State shall mobilize capital sources for investment in
the construction of material and technical foundations of information
technology research and development organizations; encourage organizations and
individuals to invest in the construction of material and technical foundations
in service of information technology research and development; invest in a
number of international-standard key information technology laboratories; and
promulgate a regulation on the use of key information technology laboratories.
Article 40.- Research into, and development
of, technologies and information technology products
1. The State encourages organizations and individuals to
participate in research into, and development of, technologies and information
technology products.
2. The State shall set aside part of the state budget for
software research and development programs and subjects; prioritize the
information technology research and development activities in universities and
research institutes; and develop information technology-related models which
associate research and training with production.
3. Agencies in charge of state management of information
technology shall assume the prime responsibility for, and coordinate with
agencies in charge of state management of science and technology in, selecting
research and training establishments and enterprises to conduct research into,
and development of, key information technology products.
Article 41.- Standardization and quality
control in information technology application and development activities
1. The management of standards and quality of information
technology products and services shall comply with the law on standardization
and quality control.
2. To encourage organizations and individuals to produce
and provide information technology products and services, publicize institution
standards, ensuring their products' and services' conformity with publicized
standards.
3. The quality of information technology products and
services shall be managed in the following forms:
a/ Certification of the conformity with standards and
technical regulations;
b/ Publicization of the conformity with standards and
technical regulations;
c/ Quality assessment.
4. The Ministry of Post and Telematics shall publicize
information technology products and services subject to the application of
national or international standards; promulgate, and publicize the application
of, technical regulations; specify the management of the quality of information
technology products and services; set criteria for domestic and foreign testing
agencies in service of management of the quality of information technology
products and services and announce competent information technology-testing
agencies.
5. The mutual recognition of assessment of information
technology products' conformity with standards between the Socialist Republic
of Vietnam and foreign countries or international organizations shall comply
with treaties to which the Socialist Republic of Vietnam is a contracting
party.
Section
2. DEVELOPMENT OF INFORMATION TECHNOLOGY HUMAN RESOURCES
Article 42.- Policies on development of
information technology human resources
1. The State shall adopt policies to expand the scale and
raise the quality of training of information technology human resources.
2. The State's priority and key programs and projects on
information technology application and development must have contents on
training of information technology human resources.
3. Organizations and individuals are encouraged to set up
information technology human resource-training establishments in accordance
with law.
4. Training establishments are entitled to preferences in
information technology-related training activities like those applicable to
software production enterprises.
5. The State shall adopt policies to support teachers,
students and pupils in the national education system in accessing the Internet
at educational establishments.
Article 43.- Information technology
certificates
The Ministry of Post and Telematics shall assume the prime
responsibility for, and coordinate with the Ministry of Education and Training
and the Ministry of Labor, War Invalids and Social Affairs in, specifying the
conditions for information technology-related training activities, granting
information technology certificates, and recognizing foreign organizations'
information technology certificates used in Vietnam.
Article 44.- Employment of information
technology human resources
1. People specialized in information technology application
and development in state agencies are entitled to preferential working
conditions.
2. Information technology-related professional criteria and
titles shall be promulgated by competent state agencies.
Article 45.- Vietnamese guest workers
1. The State encourages organizations and individuals to
seek and expand labor markets with a view to creating overseas jobs for
Vietnamese laborers to take part in information technology-related activities
according to the provisions of Vietnamese law, laws of host countries and
treaties to which the Socialist Republic of Vietnam is a contracting party.
2. The State shall adopt preferential policies for foreign
organizations and individuals as well as overseas Vietnamese to recruit
domestic laborers for the development, production and outsourcing of
information technology products.
Article 46.- Universalization of information
technology knowledge
1. The State shall adopt policies to encourage the
universalization of information technology knowledge nationwide.
2. Provincial/municipal People's Committees shall organize
and carry out activities of universalizing information technology knowledge for
organizations and individuals in their respective localities.
3. The Ministry of Education and Training shall formulate,
and organize the execution of, programs on the universalization of information
technology knowledge in the national education system.
4. The State shall adopt policies to support the learning
and universalization of information technology knowledge for disabled people,
poor people, ethnic minority people and other policy beneficiaries, suitable to
development requirements in each period under the Government's regulations.
Section
3. DEVELOPMENT OF INFORMATION TECHNOLOGY INDUSTRY
Article 47.- Types of information technology
industry
1. Hardware industry means an industry of producing
hardware products, including accessories, components and digital equipment.
2. Software industry means an industry of producing
software products, including system software, applied software, control
software, automation and other similar products; providing installation and
maintenance solutions and use instructions.
3. Content industry means an industry of producing digital
information products, including socio-economic information, science-education
information, culture-entertainment information in the network environment, and
other similar products.
Article 48.- Policies on development of
information technology industry
1. The State shall adopt preferential and priority policies
on investment in the development of information technology industry, paying
special attention to software industry and content industry, in order to make
it a key economic sector in the national economy.
2. The State encourages investors to make venture
investment in the information technology industry, development investment, and
supply of low-price digital equipment.
3. The Government shall specify preference and priority
levels and other conditions for development of the information technology
industry.
Article 49.- Development of information
technology industry market
Competent state agencies shall promulgate regulations on,
and organize activities of development of the information technology industry
market, including:
1. Promoting information technology application;
prioritizing the use of state budget capital for the procurement and use of
home-made information technology products;
2. Promoting trade, organizing domestic exhibitions and
trade fairs, supporting enterprises to participate in international exhibitions
and trade fairs, advertising for and marketing the image of Vietnam's
information technology industry in the world;
3. Methods of valuating software in service of the
management of information technology application and development projects.
Article 50.- Key information technology
products
1. Key information technology products are information
technology products satisfying one of the following requirements:
a/ The domestic market has a great demand for them and they
can generate a high added value;
b/ Being exportable;
c/ Having positive impacts on technological renewal and
having economic efficiency for other economic sectors;
d/ Meeting defense and security requirements.
2. The Ministry of Post and Telematics shall publicize
lists, and formulate programs on development of, key information technology
products in each period suitable to the planning on information technology
industry development.
3. Information technology products on the lists of key
information technology products specified in Clause 2 of this Article are
prioritized by the State for investment in research, development and
production.
4. Organizations and individuals engaged in research,
development and production of key information technology products are entitled
to preferences under the Government's regulations, to the state investment
priority and part of the copyright royalties for key information technology
products invested by the State.
5. Organizations and individuals engaged in research into,
development and production of, key information technology products invested by
the State shall satisfy conditions set by competent state agencies; neither
hand over nor transfer technologies or solutions to development of key
information technology products invested by the State without the consent of
competent state agencies; submit to inspection and control by, and observe the
reporting regime of, competent state agencies with regard to research into,
development, production and trade promotion of key information technology
products.
Article 51.- Information technology parks
1. Information technology parks are hi-tech parks or
combined information technology-related research, development, production,
business and training establishments. Organizations and individuals investing
and operating in information technology parks are entitled to state
preferential policies applicable to hi-tech parks.
2. To encourage domestic and foreign organizations and
individuals to invest in and build information technology parks under the
Government's planning.
Section
4. DEVELOPMENT OF INFORMATION TECHNOLOGY SERVICES
Article 52.- Types of information technology
service
1. Investigation, survey and probing of the information
technology market.
2. Consultancy, analysis, planning, classification and
design in the information technology sector.
3. System integration, trial run, application management
services, updating and confidentiality.
4. Design, storage and maintenance of websites.
5. Warranty, maintenance, and assurance of network and
information safety.
6. Data updating, search, storage and processing, and
database exploitation.
7. Distribution of information technology products.
8. Information technology-related training.
9. Certification of e-signatures.
10. Other services.
Article 53.- Policies on development of
information technology services
1. The State shall adopt policies to encourage the
development of information technology services.
2. The Government shall specify preferential regimes and
other conditions for several types of information technology service.
Chapter
IV
MEASURES
TO ENSURE INFORMATION TECHNOLOGY APPLICATION AND DEVELOPMENT
Section
1. INFORMATION INFRASTRUCTURE IN SERVICE OF INFORMATION TECHNOLOGY APPLICATION
AND DEVELOPMENT
Article 54.- Principles for information
infrastructure development
1. Information infrastructure must be developed to ensure
the quality and diversification of services with a view to meeting the
requirements of information technology application and development.
2. Competent state agencies shall guarantee the development
of information infrastructure to satisfy socio-economic development
requirements; create conditions for all economic sectors to use the information
infrastructure in an environment of fair, equitable and transparent
competition; and take comprehensive measures to prevent acts of abusing the
information infrastructure to commit violations defined in Article 12 of this
Law.
Article 55.- Ensuring information
infrastructure in service of information technology application and development
1. The State shall adopt policies to develop the national
information infrastructure in a wide range, with a large capacity, high speed
and quality and competitive charges compared to those in regional countries;
encourages organizations and individuals to jointly invest in and use the
information infrastructure.
2. Public Internet access points shall be installed at post
offices, communal post-culture points, railway stations, car terminals,
seaports, airports, border gates, residential areas, hospitals, schools,
department stores, and cultural and sport centers to meet organizations' and
individuals' demands.
Article 56.- Information infrastructure in
service of state agencies
1. The information infrastructure in service of state
agencies from the central to local level shall be uniformly built and managed
under the Government's regulations.
2. Funds for investment in, construction, exploitation and
maintenance of the information infrastructure in service of state agencies come
from the state budget and other sources.
Article 57.- Public-service information
infrastructure
1. The State shall adopt policies of prioritizing the
allocation of investment capital and applying financial support mechanisms for
the construction and use of public-service information infrastructure and the
narrowing of digital gap.
2. Agencies in charge of state management of information
technology at all levels shall organize the execution of programs and projects
on narrowing the digital gap, including:
a/ Installation of computers and Internet access points at
schools and public places nationwide;
b/ Development of a contingent of computer use and Internet
access instructors;
c/ Narrowing of digital gap between areas and regions.
Article 58.- National databases
1. A national database is a collection of information on
one or several socio-economic domains, which is established, updated and
maintained to meet the information access and use requirements of all economic
sectors and serve public interests.
2. Unless otherwise provided for by law, organizations and
individuals may access and use information in national databases.
3. The State shall provide part or whole of funds for the
establishment and maintenance of the national databases.
4. The Government shall specify the list of national
databases; establish, update and maintain the national databases; and
promulgate a regulation on exploitation and use of the national databases.
Article 59.- Databases of ministries,
branches and localities
1. The database of a ministry, branch or locality is a
collection of information, which is established, updated and maintained to meet
information access and use requirements of that ministry, branch or locality
and serve public interests.
2. Unless otherwise provided for by law, organizations and
individuals may access and use information in databases of ministries, branches
or localities.
3. The State shall provide part or whole of funds for the
establishment and maintenance of databases of ministries, branches and
localities.
4. Ministries, ministerial-level agencies,
government-attached agencies and provincial/municipal People's Committees shall
specify lists of databases; establish, update and maintain databases; and
promulgate regulations on exploitation and use of databases of their
ministries, branches and localities.
Article 60.- Protection of information
infrastructure
1. The national information infrastructure must be
protected. People's Committees of all levels, people's armed forces,
organizations and individuals that manage or exploit the information
infrastructure shall coordinate with one another in protecting the safety of
the national information infrastructure.
2. Organizations and individuals shall guarantee the safety
of the information infrastructure under their management; submit to the
management, inspection and examination by competent state agencies and meet
those agencies' requirements on ensuring information infrastructure safety and
information security.
3. When requested, organizations and individuals that
manage and exploit the information infrastructure shall create necessary
working, technical and professional conditions for competent state agencies to
control and ensure the information security.
Section
2. INVESTMENT IN INFORMATION TECHNOLOGY
Article 61.- Investment in information
technology by organizations and individuals
1. The State encourages organizations and individuals to
invest in application of information technology to socio-economic management
and technological renewal and to raising of products' competitiveness.
2. The State encourages and protects the legitimate rights
and interests of domestic organizations and individuals, overseas Vietnamese,
and foreign organizations and individuals that invest in information
technology.
3. Enterprises' investments in information technology
application and development and expenses below shall be excluded from taxable
incomes under the Law on Enterprise Income Tax:
a/ Expenses for establishing schools or providing courses
for information technology training in enterprises;
b/ Expenses for sending trainees to learn new technologies
in service of information technology application and development demands of
enterprises.
Article 62.- State investment in information
technology
1. Investment in information technology is development
investment.
2. The State shall prioritize the budget allocation for
information technology, ensuring that the annual increase rate of budget
expenditure on information technology shall be higher than the increase rate of
state budget expenditure. Budget reserved for information technology must be
managed and efficiently used.
3. The Government shall promulgate an investment management
regulation applicable to information technology application projects funded
with investment capital originating from the state budget.
4. The State Budget Index must have separate expenditures
on information technology.
Article 63.- Investment in information
technology application and development
1. The state budget expenditure on information technology
application and development shall be used for the following purposes:
a/ Universalizing the information technology application
and efficiently supporting information technology application projects;
b/ Developing digital information sources;
c/ Establishing national databases and databases of
ministries, branches and localities;
d/ Building the information infrastructure in service of
the public and state agencies;
e/ Surveying, researching into, formulating, testing and
applying scientific and technical advances in information technology;
formulating mechanisms, policies, strategies, plannings, plans, standards,
technical regulations, econo-technical norms, and models of information
technology application and development;
f/ Developing information technology human resources;
g/ Propagating, popularizing and educating law on
information technology; providing professional and management training on
information technology;
h/ Presenting information technology awards;
i/ Carrying out other activities for information technology
application and development.
2. The Ministry of Post and Telematics shall synthesize
annual estimates of expenditures of ministries, ministerial-level agencies,
government-attached agencies, provinces and centrally run cities on information
technology application and development as stipulated in Clause 1 of this
Article and send them to the Government for submission to the National
Assembly.
Article 64.- Information technology
investment and development in service of agriculture and rural areas
1. To attract all resources for investment in building the
information infrastructure and accelerate the modernization in rural,
mountainous and island areas.
2. To create favorable conditions for people in deep-lying
or remote areas, regions inhabited by ethnic minority people, areas meeting
with socio-economic difficulties or exceptional socio-economic difficulties to
apply information technology to their production and life.
3. Organizations and individuals engaged in information
technology application and development in deep-lying or remote areas, regions
inhabited by ethnic minority people, areas meeting with socio-economic
difficulties or exceptional socio-economic difficulties are entitled to
investment, financial and other preferences in accordance with law.
4. The information technology application and provision of
information technology services to agricultural, forestry and fishery extension
as well as offshore fishing shall be partly funded by the State.
Section
3. INTERNATIONAL COOPERATION ON INFORMATION TECHNOLOGY
Article 65.- Principles for international
cooperation on information technology
Vietnamese organizations and individuals shall cooperate on
information technology with foreign organizations and individuals and
international organizations on the principles of respect for the national
independence and sovereignty, non-interference in each other's internal
affairs, equality and mutual benefits.
Article 66.- Contents of international
cooperation on information technology
1. Analyzing the international information technology
trend, the scale and perspective of developing foreign markets; and formulating
strategies on development of overseas information technology markets.
2. Popularizing information on information technology
application and development orientations and policies of Vietnam and other
countries in the world.
3. Formulating mechanisms and policies to step up
cooperation between Vietnamese organizations or individuals and foreign
organizations or individuals as well as international organizations operating
in the information technology domain.
4. Executing international cooperation programs and
projects on information technology.
5. Developing overseas information technology markets,
introducing Vietnamese information technology products at international
exhibitions and approaching potential customers.
6. Holding international workshops, conferences and forums
on information technology.
7. Concluding, acceding to and implementing bilateral and
multilateral treaties, and joining regional and international information
technology organizations.
8. Receiving foreign technologies transferred into Vietnam.
Section
4. PROTECTION OF LEGITIMATE RIGHTS AND INTERESTS OF, AND ASSISTANCE FOR, USERS
OF INFORMATION TECHNOLOGY PRODUCTS AND SERVICES
Article 67.- Responsibility to protect
legitimate rights and interests of users of information technology products and
services
The State and society shall take measures to prevent and
combat acts infringing upon the legitimate rights and interests of users of
information technology products and services. The legitimate rights and
interests of users of information technology products and services shall be
protected in accordance with law.
Article 68.- Protection of Vietnamese
national domain names ending in ".vn"
1. Vietnamese national domain names ending in
".vn" and their lower-level domain names constitute part of national
information resources, which are of the same utility and must be managed,
exploited and used for proper purposes and with efficiency.
The State encourages organizations and individuals to
register and use Vietnamese national domain names ending in ".vn".
Registered domain names must be serious to avoid confusion or distortion caused
by polysyllabic or polysemantic words or when being used without Vietnamese
language accents.
2. Vietnamese national domain names ending in
".vn" reserved for Party organizations and state agencies must be
protected and not be infringed upon.
3. Organizations and individuals that register to use
Vietnamese national domain names ending in ".vn" shall be responsible
before law for their use purposes and the accuracy of registered information
and ensure that the registration and use of Vietnamese national domain names
ending in ".vn" do not infringe upon the legitimate rights and
interests of other organizations or individuals, which are available before the
date of registration.
4. The Ministry of Post and Telematics shall specify the
registration, management and use of, and settle disputes over, Vietnamese
national domain names ending in ".vn".
Article 69.- Protection of intellectual
property rights in the information technology domain
The protection of intellectual property rights in the
information technology domain shall comply with the law on intellectual
property and the following regulations:
1. Organizations and individuals that transmit information
in the network environment may make a temporary copy of a protected work
according to the technical requirements of information transmission and that
temporary copy shall be stored in a period of time which is long enough for
information transmission;
2. Lawful users of protected software may reproduce that
software for standby storage and replacement of the damaged software without
asking for permission or paying copyright royalties.
Article 70.- Prevention of spam
1. When sending information in the network environment,
organizations and individuals may not hide their names or impersonate other
organizations or individuals.
2. Organizations and individuals that send advertisement
information in the network environment shall assure consumers' ability to
reject the advertisement information.
3. Organizations and individuals may not continue sending
advertisement information in the network environment to consumers if the latter
notify their refusal to receive the advertisement information.
Article 71.- Prevention of computer virus and
harmful software
Organizations and individuals may not create, install or
spread computer viruses or harmful software into digital equipment of other
people in order to perform one of the following acts:
1. Changing installation parameters of digital equipment;
2. Collecting other people's information;
3. Deleting or deactivating the information safety and
security-ensuring software installed in digital equipment;
4. Preventing users from deleting or limiting the use of
unnecessary software;
5. Usurping the right to monitor digital equipment;
6. Modifying or deleting information stored in digital
equipment;
7. Other acts infringing upon users' legitimate rights and
interests.
Article 72.- Assurance of information safety
and confidentiality
1. Organizations' and individuals' lawful personal
information which is exchanged, transmitted or stored in the network
environment shall be kept confidential in accordance with law.
2. Organizations and individuals may not perform any of the
following acts:
a/ Hacking into, modifying or deleting information of other
organizations or individuals in the network environment;
b/ Obstructing the provision of services by the information
system;
c/ Preventing the access to information of other
organizations or individuals in the network environment, unless it is so
permitted by law;
d/ Cracking, stealing or using passwords, codes or
information of other organizations or individuals in the network environment;
e/ Other acts of causing unsafety to, or disclosing
confidentiality of, other organizations' or individuals' information which is
exchanged, transmitted or stored in the network environment.
Article 73.- Responsibility to protect
children
1. The State, society and schools have the following
responsibilities:
a/ To protect children against negative impacts of
information in the network environment;
b/ To take measures to prevent and combat information
technology applications with violence-inciting or obscene contents.
2. Families shall prevent children from accessing harmful
information.
3. Competent state agencies shall take the following
measures to prevent children from accessing harmful information in the network
environment:
a/ Building, and disseminating the use of, content filter;
b/ Creating and disseminating tools to prevent children
from accessing information harmful to them;
c/ Guiding the establishment and management of websites
exclusively for children with a view to promoting the establishment of websites
with information contents suitable and not harmful to children; raising the
capability to manage information contents in the network environment, which are
suitable and not harmful to children.
4. Service providers shall take measures to prevent
children from accessing harmful information in the network environment.
5. Information technology products and services with
contents harmful to children must bear warning signs.
Article 74.- Supporting disabled people
1. The State shall encourage and create favorable
conditions for disabled people to participate in information technology
application and development activities and develop their working capacity
through information technology application and development; adopt preferential
policies for them to participate in information technology-related education
and training programs.
2. National information technology development strategies,
plans and policies must cover contents on supporting and guaranteeing disabled
people's integration into the community.
3. The State shall adopt tax, credit and other preferential
policies for the following activities:
a/ Research into and development of tools and applications
aiming to raise disabled people's capability to access and use sources of
information and knowledge by using computers and information infrastructure;
b/ Production and supply of technologies and information
technology equipment, services and applications, as well as digital information
contents to meet specific demands of disabled people.
Chapter V
SETTLEMENT
OF DISPUTES AND HANDLING OF VIOLATIONS
Article 75.- Settlement of disputes over
information technology
1. Disputes over information technology are those arising
in information technology application and development activities.
2. Disputing parties are encouraged to settle their
disputes over information technology through conciliation; when parties fail to
conciliate, their disputes shall be settled in accordance with law.
Article 76.- Modes of settling disputes over
registration and use of Vietnamese national domain names ending in
".vn"
Disputes over the registration and use of Vietnamese
national domain names ending in ".vn" shall be settled in the
following modes:
1. Negotiation or conciliation;
2. Arbitration;
3. Initiation of lawsuits at court.
Article 77.- Handling of violations of law on
information technology
1. Individuals that commit violations of law on information
technology shall, depending on the nature and severity of their violations, be
disciplined, administratively sanctioned or examined for penal liability; if
causing damage, they shall pay compensations therefor in accordance with law.
2. Organizations which commit violations of law on
information technology shall, depending on the nature and severity of their
violations, shall be administratively sanctioned or suspended from operation;
if causing damage, they shall pay compensations therefor in accordance with
law.
Chapter
VI
IMPLEMENTATION
PROVISIONS
Article 78.- Implementation effect
This Law takes effect on January 1, 2007.
Article 79.- Implementation guidance
The Government shall detail and guide the implementation of
this Law.
This Law was passed on June 29, 2006, by the XIth National
Assembly of the Socialist Republic of Vietnam at its 9th session.
|
CHỦ
TỊCH QUỐC HỘI |
|||
|
(Signed) |
|||
|
|
|||
|
Nguyen Phu Trong |
|||
Không có nhận xét nào:
Đăng nhận xét