DECREE

ON THE MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET

THE GOVERNMENT

At the proposal of the Minister of Information and Communication;

DECREES:

Chapter I

GENERAL PROVISIONS

Article l.- Scope of regulation

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Article 2.- Subjects of application

1. This Decree applies to organizations and individuals involved in the management, provision and use of Internet services and electronic information on the Internet in Vietnam.

2. In case Internet-related treaties to which Vietnam has signed or acceded contain provisions different from those of this Decree, the provisions of these treaties prevail.

Article 3.- Interpretation of terms

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

1. Internet is a global information system using Internet protocols (IP) and Internet resources to provide various services and applications to users.

2. Internet resources include systems of domain names, Internet addresses and autonomous system numbers used for the Internet which are applied globally.

3. Internet equipment system is a combination of electronic and telecommunications equipment, information technologies and other auxiliary devices, including both hardware and software, established by an organization or individual operating in the Internet domain at a place with a specified address and space which such organization or individual has the full right to lawfully use for the provision and use of Internet services.

4. Internet equipment network is a combination of Internet equipment systems of an Internet service provider which are connected through a public telecommunications network or transmission lines leased or built by agencies, organizations or enterprises.

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6. Transmission line is a combination of transmission equipment which are interlinked by telecommunications cables, radio waves, optical devices and other electromagnetic devices.

7. Local loop is part of a public telecommunications network consisting of subscriber lines connecting the switchboard of a telecommunications enterprise with subscriber terminal equipment of service users.

8. Local loop unbundling is the use of technical and operational measures to enable Internet service providers and fixed telephone service providers use the same local loop to provide these two services independently to service users.

9. Internet service is a type of telecommunications service, including Internet access service, Internet connection service and Internet application service in telecommunications:

a/ Internet access service is a service enabling users the Internet;

b/ Internet connection service is a service providing Internet service providers with the possibility to be interconnected to carry domestic Internet traffic among them;

c/ Internet application service in telecommunications is a value-added Internet service provided to users through the Internet e equipment network.

10. Internet exchange is an Internet equipment network or system established by an organization or enterprise to carry domestic Internet traffic among Internet service providers and private Internets.

11. Electronic message on the Internet is information supplied, transmitted, collected, treated, stored and exchanged via Internet equipment networks.

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13. General website is a website of an organization or enterprise providing general information on polities, economy, culture and society by citing information from official sources of press agencies or websites of Party and state agencies.

14. Online social service is a service providing a broad community of users the possibility to interact, share, store and exchange information between one another on the Internet environment, including blog, forum, chat and other similar forms.

Article 4.- Internet management and development policies

1. To encourage Internet application in economic, cultural and social domains in order to raise productivity; expand commercial activities; support administrative reform, increase social utilities, raise the quality of people's life and ensure security and defense.

2. To promote Internet application in the Partys and the State's agencies, schools, hospitals, research institutes and make Internet available in rural, deep-lying, remote, border and island areas.

3. To create favorable conditions for organizations and individuals to participate in providing and using Internet services, at the same time step up Internet law propaganda, education and guidance. To take measures to stop acts of taking advantage of the Internet to affect national security, breach ethics and fine customs, violate laws, and protect children from negative impacts of the Internet.

4. To develop the Internet with adequate high-quality services and reasonable charges in order to meet the requirements of national industrialization and modernization.

5. To encourage the posting of information in Vietnamese on the Internet.

6. The national domain name "vn'', Internet addresses and autonomous system numbers managed by Vietnam constitute a national information resource. They should be managed, exploited and used for proper purposes and effectively. To encourage and facilitate the wide use of the national domain name ''vn'' and the generation of Internet addresses Ipv6.

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8. Internet Vietnam constitutes an important component of the national information infrastructure, which is protected by law and inviolable. To ensure safety and security for equipment systems and electronic information on the Internet is the responsibility of state agencies and every organization and individual.

Article 5.- State management of the Internet

1. The Ministry of Information and Communication shall take responsibility for performing the state management of the Internet, covering:

a/ Formulating mechanisms, policies, strategies and planning for Internet development;

b/ Submitting to the Government for promulgation or promulgating according to its competence, and guiding the implementation of, legal documents on licensing of service provision; connection; technical standards and specifications; quality, charge rates, Internet resources; information safety, licensing, of electronic newspapers and publication on the Internet, and regulations on management of electronic information on the Internet;

c/ Assuming the prime responsibility for and coordinating with concerned ministries and branches and People's Committees of provinces and centrally run cities in, managing and enforcing laws concerning the provision and use of Internet services; establishing, providing and using electronic information on the Internet, including licensing, registration, reporting statistic, inspection, examination, handling of violation, settlement of complaints and denunciations according to its competence;

d/ Participating in international cooperation related to the Internet.

2. The Ministry of Public Security shall assure information security in the Internet domain, covering:

a/ Submitting to the Government for promulgation or promulgating according to its competence, and guiding the implementation of, legal documents on information security in Internet activities;

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c/ Examining, inspecting and handling acts in violation of legal provisions on information security assurance in the Internet domain according to its competence;

d/ Participating in international cooperation in assuring information security in the Internet domain.

3. The Ministry of Planning and Investment and the Ministry of Finance shall coordinate with the Ministry of Information and Communication in formulating mechanisms and policies concerning investment and finance to promote Internet use in the Party's and State's agencies, schools, hospitals and research institutes and make the Internet available in rural, deep-lying, remote, border and island areas. The Ministry of Finance shall submit to the Government for promulgation of promulgate according to its competence, and guide the implementation of, regulations on charges and fees related to Internet resources.

4. The Ministry of Home Affairs shall perform the state management of civil cryptography with regard to confidential information on commercial and civil activities on the Internet.

5. Concerned ministries and branches shall coordinate with the Ministry of Information and Communication in submitting to the Government for promulgation or promulgate according to their competence, and guide the implementation of, regulations on and manage the provision and use of specialized applications services on the Internet in the domains under their management.

6. Provincial-level Peoples Committees shall, within the ambit of their powers and responsibilities, perform the state management of the Internet in their localities in accordance with the provisions of this Decree.

Article 6.- Prohibited acts

1. Abusing the Internet for the purposes of:

a/ Opposing the State of the Socialist Republic of Vietnam, undermining national security and social order and safety; destroying the all-people great unity bloc; spreading propaganda on wars of aggression; sowing hatred and conflict between nations, ethic groups and religions; spreading propaganda on and inciting violence, obscenity and debauchery, crime social evils, superstition; and destroying national fine customs and traditions;

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c/ Spreading information that distorts, slanders and hurts the prestige of organizations; the honor and dignity of citizens;

d/ Abusing the Internet for advertising, promoting, buying and selling goods and services banned by law.

2. Disrupting, destroying equipment systems and illegally obstructing the management, provision and use of Internet services and electronic information on the Internet.

3. Stealing and illegally using organizations' and individuals' passwords, key words and private information of organizations and individuals on the Internet.

4. Creating and installing harmful computer virus programs and software in order to commit any of acts specified in Article 71 of the Law on Information Technology.

Chapter II

PROVIDERS ND USERS OF INTERNET SERVICES AND ELECTRONIC INFORMATION ON THE INTERNET

Article 7.- Internet service providers

1. Internet service provider (ISP) is an enterprise of any economic sector which is established under Vietnamese law to provide Internet services to the public.

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a/ To establish Internet equipment system at its establishment and public service places in order to provide internet services in line with its license;

b/ To lease telecommunications transmission lines of licensed network infrastructure providers for establishment of its Internet equipment networks, direct international internet connection and provision of services to its Internet service agents and users;

c/ To use Internet resources according planning and regulations on management of Internet resources;

d/ To fully comply with state regulations on management of charge rates and internet services standards and quality;

e/ To deploy equipment and facilities and technical and operational plans to assure information safety and security under the guidance of competent state agencies;

f/ To set up places providing Internet services to the public, which must comply with regulations applicable to Internet agents, except those on business registration and signing of agency contracts;

g/ To enter into Internet service provision and use contracts with service users and sign Internet agency contracts with organizations and individuals. In case written contracts are made, on the basis of the provisions of law on contracts and the Internet, to formulate and issue model contracts for use within the whole enterprise;

h/ To refuse to provide services in the following cases: Internet service users violate the law on the Internet according to written conclusions of competent state agencies and fail to pay service charges to another service provider if it is so agreed in writing among service providers;

i/ To suspend or terminate the provision of services in the following cases: Internet access terminal devices cause unsafety to the Internet equipment system, Internet service providers and users; Internet service users fail to pay service charges as agreed upon between two parties; Internet service users illegally deal in Internet services; and it is so requested in writing by competent state agencies when Internet service users violate Article 6 of this Decree;

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k/ To guide and provide adequate information on the provision and use of services to users; to settle user complaints about charge rates and service quality;

l/ To guide and provide information on, examine and supervise their agents' performance of contracts;

m/ To implement the reporting regime and submit to the inspection and examination of competent state agencies according to regulations;

n/ To perform tasks as mobilized by the State in urgent cases and other public tasks.

Article 8.- Private Internet owners

1. Private Internet owner means an agency, organization or enterprise operating in Vietnam and establishing a private Internet according to regulations. Members of the network are members of the network-establishing agency, organization or enterprise. Membership is determined according to the operation charter, and document prescribing the organizational structure and apparatus of the agency, organization or enterprise or other relevant legal provisions.

2. A private Internet owner has the following rights and obligations: l

a/ To establish Internet equipment systems at places which it has the right to lawfully use in order to provide Internet services to network members;

b/ To lease or build telecommunications transmission lines for establishment of private Internets and direct international Internet connection;

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d/ To suspend or terminate the provision of Internet access services if detecting a network member violating Article 6 of this Decree or it is so requested in writing by a competent state agency;

e/ To implement regulations on licensing, connection, standards, quality, charge rates, information and Internet resource safety and security;

r/ To implement the reporting regime and submit to the inspection and examination of competent state agencies according to regulations;

g/ To perform tasks as mobilized by the State in urgent cases and other public tasks.

Article 9.- Internet agents

1. Internet agent means an organization or individual in Vietnam that provides in the name of an Internet service provider Internet access and Internet application services in telecommunications to users through agency contracts and enjoy remuneration therefrom.

2. Organizations and individuals being owners of hotels, restaurants, office buildings, airports, bus stations, etc., when providing Internet services for users free of charge within these sites shall enter into agency contracts with Internet service providers and fully comply with regulations on agents, except for those on charge rates for service users.

3. An Internet agent has the following rights and obligations:

a/ To establish Internet equipment systems at places which it has full right to use lawfully in order to provide Internet access services and Internet application services in telecommunications to users at these places at some charge or free of charge as agreed upon in agency contracts;

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c/ To refuse to provide services to users that violate Article 6 of this Decree or at the request of a competent state management agency;

d/ To comply with regulations on information safety and security assurance;

e/ To request Internet service providers to guide and supply information on how to perform contracts, and at the same time submit to the examination and supervision by principal enterprises;

f/ To observe daily opening and closing time according to regulations of local administrations;

g/ To submit to the inspection and examination by competent state agencies.

Article 10.- Network infrastructure providers

1. Network infrastructure provider is a telecommunications enterprise licensed to establish networks and provide telecommunications services in accordance with law.

2. Concerning the provision and use of Internet services, a network infrastructure provider has the following obligations:

a/ To provide telecommunications transmission lines and unbundled local loops in a full and prompt manner at the request of Internet service providers on the basis of their contracts and under fair and reasonable conditions in order to ensure the prompt provision of Internet services, especiauy bandwidth ones;

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c/ To collaborate with state management agencies and Internet service providers in assuring information safety and security and investigating and stopping illegal acts in Internet activities.

Article 11.- Online social service providers

1. Online social service provider is an enterprise of any economic sector which is established under Vietnamese law to provide online social services for the public.

2. Online social service providers have the following responsibilities:

a/ To formulate regulations on the provision, use and exchange of information in accordance with this Decree's provisions on management of electronic information on the Internet;

b/ At the request of competent state management agencies, to provide information relating to service users that violate the provisions of Article 6 of this Decree;

c/ To block and remove information contents that violate the provisions of Article 6 of this Decree when detecting them or at the request of competent state agencies;

d/ To implement the reporting regime and submit to the inspection and examination by competent state management agencies according to regulations;

Article 12.- Internet service users

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2. An Internet service user has the following rights and obligations:

a/ To use all Internet services, except for those banned by law;

b/ To comply with all the terms of the contract signed with the Internet service provider or Internet agent;

c/ To take responsibility for information contents they upload, store and transmit on the Internet as prescribed by law;

d/ To protect their passwords, keywords, private information and equipment systems and observe regulations on information safety and security;

e/ Not to provide Internet services to the public or for business purposes.

Chapter III

MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES

Article 13.- Licensing of the provision of Internet services

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2. The principles, conditions, procedures for the grant, modification, supplementation, extension and withdrawal of licenses stated in Clause 1 of this Article comply with the provisions of Articles 36, 40 and 41 of the Government's Decree No. 160/2004/ND-CP dated September 3, 2004, detailing the implementation of a number of articles of the Post and Telecommunications Ordinance.

Article 14.- Licensing of the establishment of private Internets

1. Private Internets which are required to have an establishment license granted by the Ministry of Information and communication:

a/ Private Internets with members being agencies and organizations having independent legal person status, lawfully operating in Vietnam, having similar activities or work purposes and associated together under their operation charter or a written regulation on their common organizational structure or common form of association and operation among them;

b/ Private Internets having transmission lines built by their owners themselves.

2. Apart from private Internets prescribed in Clause 1 of this Article, other private Internets are not required to have an establishment license but must observe legal provisions on connection, standards, quality, charge rates, Internet resources and information safety and security.

3. The principles, conditions, procedures for the grant, modification, supplementation, extension and withdrawal of licenses for the establishment of private Internets comply with the provisions of Articles 36, 44 and 45 of the Government's Decree No. 160/2004/ND-CP dated September 3, 2004, detailing the implementation of a number of articles of the Post and Telecommunications Ordinance.

Article 15.- Conditions on Internet agency business

1. Having a location and ground that comply with regulations and standards on fire prevention and fighting and environmental sanitation in order to protect service users' safety and health.

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3. Signing an agency contract with an Internet service provider after having completed business registration procedures under Clause 2 of this Article.

4. Having an Internet equipment system meeting the prescribed requirements on information safety and security assurance.

5. Displaying rules on the use of Internet services at Internet agency business locations. These rules must fully and clearly state prohibited acts specified in Article 6 of this Decree and rights and obligations of Internet service users prescribed in Article 12 of this Decree.

Article 16.- Connection

1. Internet service providers may lease transmission lines of network infrastructure providers for direct international connection, direct interconnection and connection with Internet exchanges.

2. Private Internets may build transmission lines or lease those of network infrastructure providers for direct international connection, connection with Internet service providers; and connection of Internet exchanges. Private must not be linked to one another.

3. The Vietnam national Internet exchange (VNIX) is established to operate on the not-for-profit principle in order to carry domestic Internet traffic nationwide. Internet service providers that also operate as network infrastructure providers have the duty to establish transmission lines for connection with the Vietnam national Internet exchange.

The Ministry of Information and Communication shall issue specific regulations on the operation of VND and mechanisms and policies to create conditions for Internet service providers to connect one another, with VNIX and with Internet exchanges of other enterprises.

Article 17.- Internet resources

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2. The registration and use of the Vietnamese national domain name shall be realized through domain name ".vn" registrars on the following principles:

a/ Equality and non-discrimination

b/ Fist come, fist serve;

c/ Compliance with Article 68 of the Law on Information technology on the protection of the Vietnamese domain name ".vn";

d/ Official websites of the Party's and States agencies must use the Vietnamese national domain name ".vn" and be cached in servers with IP addresses in Vietnam.

3. The registration of international domain names shall be directly effected with overseas organizations ns providers of international domain name or through international domain name registrars acing as agents, for overseas providers of international domain names. Organizations and individuals having registered international domain names shall notify the Ministry of Information and Communication thereof under Article 23 of the Law on Information Technology.

4. Domain name ".vn" registrars shall conduct domain name registration on the basis of contracts signed with the Vietnam Internet Network Information Center and regulations on management and use of Internet resources. International domain name registrars acting as agents for overseas providers of international domain names shall register and report on their operation according to regulations of the Ministry of Information and Communication.

5. Disputes over the use of the national domain name ".vn" shall be settled in the forms prescribed in Article 76 of the Law on Information Technology and other relevant provisions of law.

6. Internet service providers and private Internets may apply for the grant of Internet addresses and autonomous system numbers from the Vietnam Internet Network Information Center for use or reallocation to their users. The application for the grant of Internet addresses and autonomous system numbers from international organizations is subject to written approval of the Ministry of Information and communication.

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Article 18.- Quality standards and charge rates of Internet services

1. Internet service providers shall observe the following provisions on service quality management:

a/ To publicly notify service quality according to regulations;

b/ To regularly check, supervise and assure the provision of services up to prescribed or notified quality standard for users;

c/ To report on and submit to the inspection and supervision by competent state agencies regarding service quality according to regulations.

2. Internet service providers shall comply with the following provisions on charge rate management:

a/ To separately account Internet services and determine their costs according to regulations;

b/ To decide, register, notify and report on charge rates according to regulations;

c/ To publicly post up and collect charges from users according to notified charge rates; to pay charges to other enterprises at the rates determined in the signed contracts;

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Chapter IV

MANAGEMENT, PROVISION AND USE OF ELECTRONIC INFORMATION ON THE INTERNET

Article 19.- Principles of management, provision and use of electronic information

1. The establishment of websites, the provision, transmission, storage and use of electronic information on the Internet must comply with the laws on information technology, intellectual property, press, publication, protection of state secrets, copyright and advertisement and regulations on management of electronic information on the Internet.

2. Press agencies that have been granted electronic newspaper operation licenses under the press law may establish websites for use for press activities.

3. Organizations and enterprises that wish to establish general websites shall obtain a license from the Ministry of Information and Communication.

4. Enterprises that wish to establish websites to provide online social services shall make registration with the Ministry of Information and Communication.

5. Organizations and enterprises establishing websites and using the Internet to provide Internet-based specialized application services shall comply with the provisions of specialized laws and relevant provisions of this Decree.

6. Organizations, enterprises and individuals other than those prescribed in Clauses 2, 3, 4 and 5 of this Article are not required to obtain licenses and make registration when establishing websites bus shall comply with the provisions of this Decree and regulations on management of electronic information on the Internet.

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1. The conditions, process and procedures for granting electronic newspaper operation licenses comply with the provisions of the press law.

2. Publication on the Internet must comply with the provisions of Article 25 of the Publication Law.

3. Press agencies and publishing houses possessing licenses for electronic newspaper operation or publication on the Internet according to regulations may establish Internet equipment systems at their establishments to directly distribute or authorize Internet service providers to distribute electronic newspapers and publications on the Internet.

Article 21.- Licensing of general websites

1. Licensing conditions:

a/ Being an organization or enterprise established and operating under the laws in Vietnam;

b/ Having adequate technical facilities, personnel and management program serving the establishment, provision and management of information suitable to the expected operation scale;

c/ Commitment of the head of the organization or enterprise to take full responsibility for the contents of the website and observe the provisions of this Decree and regulations on management of electronic information on the Internet.

2. Dossiers of application for licenses

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a/ An application for a license to establish a general website, containing a commitment to observe the provisions of this Decree and regulations on management of electronic information on the Internet.

b/ The business registration certificate, investment certificate or establishment decision;

c/ The curriculum vitae of the head of the organization or enterprise;

d/ A scheme on the establishment of the general website, with the following principal contents:

- Information provision purposes; information contents; specialized sections; lawful sources of news; process of news processing; staff, printed samples of the home page and specialized section pages;

- Types of services to provide or exchange information ~at~ (website, forum, blog, etc.);

- Technical and professional measures to assure the provision and supply of information;

-The domain name expected to be used.

3. Time and order of processing dossiers

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4. Supplementation, modification and re-grant of licenses

a/ When wishing to change the provisions in its license regarding information contents, responsible person, domain name, organization or enterprise name or address of transaction of office, an organization or enterprise shall send to the Ministry of Information and Communication a written request specifying the content of the license to be changed and the reason for such change, together with a copy of the valid license;

b/ If its license is lost, torn off, burnt or otherwise destroyed, an organization or enterprise with the general website shall send to the Ministry of Information and Communication a written request for the re-grant of the license, clearly stating the reason;

c/ Within 10 working days after receiving a valid dossier, the Ministry of Information and Communication shall consider it for approval. If the requesting organization or enterprise fully meets the prescribed conditions, the Ministry of Information and Communication shall decide to supplement, modify or re-grant the license. In case of refusal, the Ministry of Information and Communication shall issue a written reply clearly stating the reason.

5. Extension of licenses

a/ A licensed organization or enterprise wishing to have its license extended shall send a dossier of application for extension to the Ministry of Information and Communication 30 days before its license expires. Such a dossier comprises an application for license extension and a copy of the valid license;

b/ Within 15 working days after receiving a valid dossier, the Ministry of Information and Communication shall verify and consider the extension of a license. In case of refusal, the Ministry of Information and Communication shall issue a written reply clearly stating the reason to the organization or enterprise concerned;

c/ A license may be extended only once for not more than one year.

6. Revocation of licenses

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- Providing information contents that violate Article 6 of this Decree and regulations on management of electronic information on the Internet according to written conclusions of a competent state agency.

- Failing to start providing information on the Internet as stipulated in the granted license 90 days after receiving the license.

b/ An organization or enterprise having its license revoked shall not be granted a new license within one year after the date its license is revoked.

7. Term of licenses

A license for establishing a general website is valid for not more than five years.

Article 22.- Registration of the provision of online social services

1. Conditions on registration

a/ Being an organization or enterprise established and operating under the laws in Vietnam;

b/ Having adequate technical facilities, personnel and a management system serving the provision of online social services suitable to the expected operation scale;

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2. Dossiers of registration

An application for registration, made according to a form set by the Ministry of Information and Communication.

b/ A copy of the business registration certificate, investment certificate or establishment decision.

3. Registration confirmation

a/ Within five working days after receiving a valid dossier of registration from an enterprises under Clause 2 of this Article, the Ministry of Information and Communication shall sent to the enterprise a notice confirming receipt of the valid dossier of registration or a written request for supplementation and completion of the dossier, if the dossier is not valid as required;

b/ An enterprise may officially provide online social services to the public after receiving a notice from the Ministry of Information and Communication confirming receipt of the enterprise's valid dossier of registration.

4. The form of registration and confirmation: in writing or through the online environment at addresses prescribed by the Ministry of Information and Communication.

Chapter V

INSPECTION, EXAMINATION AND HANDLING OF VIOLATIONS

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Article 24.- Handling of violations

Organizations and individuals that commit acts in violation of the provisions of this Decree shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability and shall, if causing damage, pay compensation in accordance with law.

Article 25.- Complaints and denunciations

Organizations and individuals may lodge complaints and denunciations according to current regulations. The competence, order and procedures for settling complaints and denunciations comply with the law on complaints and denunciations.

Chapter VI

IMPLMENTATION PROVISIONS

Article 26.- Implementation provisions

1. This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 55/2001/ND-CP dated August 23, 2001, on the management, provision and use of Internet services.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of Peoples Committees of provinces and centrally run cities shall implement this Decree.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung