| CONGRESS | SOCIAL REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
|
Law No.: 67/2006/QH11 |
Hanoi, date 29 month 6 year 2006 |
NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM
11th term, 9th session
(From May 16 to June 29, 2006)
THE LAW
INFORMATION TECHNOLOGY
Based on the Constitution of the Socialist Republic of Vietnam of 1992, as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001, of the 10th National Assembly, 12th session;
This law regulates information technology.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law regulates the application and development of information technology, measures to ensure the application and development of information technology, and the rights and obligations of agencies, organizations, and individuals (hereinafter collectively referred to as organizations and individuals) participating in the application and development of information technology.
Article 2. Scope of Application
This law applies to Vietnamese organizations and individuals, as well as foreign organizations and individuals, participating in the application and development of information technology in Vietnam.
Article 3. Application of the Law on Information Technology
1. In case of a discrepancy between the provisions of the Law on Information Technology and the provisions of other laws on the same issue related to the application and development of information technology, the provisions of the Law on Information Technology shall apply.
2. In cases where an international treaty to which the Socialist Republic of Vietnam is a party contains provisions different from those of this Law, the provisions of that international treaty shall apply.
Article 4. Explain words
In this Law, the terms below are construed as follows:
1. Information technology is a collection of modern scientific methods, technologies, and technical tools for producing, transmitting, collecting, processing, storing, and exchanging digital information.
2. Digital information is information created using digital signals.
3. The network environment is the environment in which information is provided, transmitted, collected, processed, stored, and exchanged through information infrastructure.
4. Information infrastructure is a system of equipment used for the production, transmission, collection, processing, storage, and exchange of digital information, including telecommunication networks, the Internet, computer networks, and databases.
5. The application of information technology refers to the use of information technology in activities in the fields of socio-economics, foreign affairs, national defense, security, and other activities to improve the productivity, quality, and efficiency of these activities.
6. Information technology development is the research and development activity related to the production, transmission, collection, processing, storage, and exchange of digital information; the development of information technology human resources; the development of the information technology industry; and the development of information technology services.
7. The digital divide refers to the disparity in conditions, computer literacy, and information infrastructure for accessing information and knowledge resources.
8. Venture capital in the information technology sector is an investment in businesses operating in that sector that have the potential to generate high profits but also carry high risks.
9. The information technology industry is a high-tech economic and technical sector that produces and supplies information technology products, including hardware, software, and digital information content.
10. Hardware refers to complete digital devices; component assemblies; components; parts of digital devices, component assemblies, and components.
11. Digital devices are electronic devices, computers, telecommunications equipment, transmission and reception equipment, radio transmitters and receivers, and other integrated devices used to produce, transmit, collect, process, store, and exchange digital information.
12. Software is a computer program described by a system of symbols, codes, or languages to control a digital device to perform a specific function.
13. Source code is the pre-compiled product of a software program, which is not yet capable of controlling digital devices.
14. Machine code is the compiled product of software that can control digital devices.
15. Spam is email or text message sent to recipients who do not want or are not legally obligated to receive it.
16. A computer virus is a computer program capable of spreading, causing abnormal operation of digital devices, or copying, modifying, or deleting information stored on digital devices.
17. A website is an information page or a collection of information pages on the internet used for providing and exchanging information.
18. Digitization is the process of transforming various forms of information into digital information.
Article 5 State Policy on the Application and Development of Information Technology
1. Prioritize the application and development of information technology in the socio-economic development strategy and the cause of industrialization and modernization of the country.
2. Create conditions for organizations and individuals to operate, apply, and develop information technology to meet the requirements of socio-economic development, foreign relations, national defense, and security; promote the development of the information technology industry into a key economic sector, meeting the needs of the domestic and export markets.
3. Encourage investment in the information technology sector.
4. Prioritize allocating state budget funds to apply information technology in essential sectors, establish an information technology industry, and develop information technology human resources.
5. Create favorable conditions for the development of national information infrastructure.
6. There should be preferential policies for organizations and individuals involved in the application and development of information technology in agriculture; rural areas, remote areas, border regions, islands; ethnic minorities, people with disabilities, and people in difficult circumstances.
7. Ensuring the legitimate rights and interests of organizations and individuals applying and developing information technology.
8. Strengthen international exchange and cooperation; encourage cooperation with Vietnamese organizations and individuals abroad in the field of information technology.
Article 6. Content of State Management of Information Technology
1. Develop and implement strategies, plans, and policies for the application and development of information technology.
2. Develop, promulgate, publicize, disseminate, and organize the implementation of legal documents, national standards, and technical regulations in the field of information technology.
3. Managing information security and safety in the application of information technology.
4. Organizing the management and utilization of national information resources and databases.
5. Manage and facilitate international cooperation in information technology.
6. Managing, training, developing, and nurturing human resources in information technology.
7. Develop mechanisms, policies, and regulations related to public utility products and services in the field of information technology.
8. Develop mechanisms, policies, and regulations for mobilizing information technology resources to serve national defense, security, and emergency situations as stipulated in Article 14 of this Law.
9. Managing statistics related to information technology.
10. Inspecting, examining, resolving complaints and denunciations, and handling violations in the field of information technology.
Article 7. Responsibilities of State Management in Information Technology
1. The government has unified state management over information technology.
2. The Ministry of Posts and Telecommunications is responsible to the Government for leading and coordinating with relevant ministries and ministerial-level agencies in the state management of information technology.
3. Ministries and ministerial-level agencies, within their respective duties and powers, are responsible for presiding over and coordinating with the Ministry of Post and Telecommunications in the state management of information technology as assigned by the Government.
4. The People's Committees of provinces and centrally-administered cities, within their assigned duties and powers, shall exercise state management over information technology in their localities.
5. The organization and implementation of information technology applications in the operations of state agencies shall be regulated by the Government.
Article 8. Rights of organizations and individuals participating in the application and development of information technology.
1. Organizations and individuals participating in information technology application activities have the following rights:
a) Searching, exchanging, and using information on the internet, except for information with content specified in Clause 2, Article 12 of this Law;
b) To request the restoration of their information or the restoration of their access to the source of their information if the content of that information does not violate the provisions of Clause 2, Article 12 of this Law;
c) Request the competent state agency to resolve the matter in accordance with the law in case of refusal to restore information or restore access to that information source;
d) Distributing contact addresses available on the network with the consent of the owner of those contact addresses;
d) Refusing to provide or receive products or services on the internet that violate the law and being held responsible for doing so.
2. Organizations and individuals participating in the development of information technology have the following rights:
a) Research and development of information technology products;
b) Producing information technology products; digitizing, maintaining, and enhancing the value of information resources.
3. State agencies have the right to refuse to receive information via the internet if the reliability and confidentiality of that information transmitted over the internet cannot be guaranteed.
Article 9. Responsibilities of organizations and individuals participating in the application and development of information technology.
1. Organizations and individuals participating in information technology application activities are responsible for the content of their digital information on the internet.
2. Organizations and individuals conducting business online must publicly disclose relevant information online, including:
a) Name, geographical address, telephone number, email address;
b) Information regarding the establishment decision, operating license, or business registration certificate (if any);
c) Name of the agency managing the supplier (if any);
d) Information on the price, taxes, and shipping costs (if any) of goods and services.
3. Organizations and individuals participating in the development of information technology have the following responsibilities:
a) Ensuring the integrity of research and development results;
b) To ensure the legitimate rights and interests of the database owner and not hinder the use of that database when reproducing, distributing, promoting, transmitting, or providing the content that makes up that database.
4. When operating in an online environment, state agencies have the following responsibilities:
a) Announcing through mass media about activities carried out in the online environment as prescribed in Clause 1, Article 27 of this Law;
b) Inform relevant organizations and individuals of the agency's contact information online;
c) Responding, within their authority, to written documents sent by organizations and individuals to state agencies via the online environment;
d) Providing information on the internet for public benefit and administrative procedures;
d) Use electronic signatures in accordance with the law on electronic transactions;
e) Ensuring the reliability and confidentiality of information content when sending and receiving documents over the network;
g) Ensuring the accuracy, completeness, and timeliness of information and documents exchanged, provided, and commented on online platforms;
h) Ensure that the information and feedback collection system operates both during and outside working hours, except in cases of force majeure;
i) Providing information and soliciting opinions through the website must comply with the provisions of Article 28 of this Law.
Article 10. Inspection of Information Technology
1. The Inspectorate of the Ministry of Post and Telecommunications performs the function of specialized inspection in the field of information technology.
2. The organization and operation of information technology inspectors shall comply with the provisions of the law on inspection.
Article 11. Associations and societies in the field of information technology
1. Information technology associations and organizations are responsible for protecting the legitimate rights and interests of organizations and individuals participating in the application and development of information technology.
2. Associations and organizations related to information technology are organized and operate in accordance with the law on associations.
Article 12. Prohibited acts
1. Obstructing legitimate activities or supporting illegal activities related to the application and development of information technology; illegally obstructing the operation of the national domain name server system; damaging information infrastructure, and destroying information in the online environment.
2. Providing, exchanging, transmitting, storing, and using digital information for the following purposes:
a) Opposing the Socialist Republic of Vietnam and undermining national unity;
b) Inciting violence, propagating wars of aggression, stirring up hatred between nations and peoples, inciting obscenity, depravity, crime, social evils, superstition, and undermining the traditional customs and values of the nation;
c) Disclosing state secrets, military secrets, security secrets, economic secrets, foreign relations secrets, and other secrets as prescribed by law;
d) Distorting facts, making false accusations, and insulting the reputation of organizations, or the honor, dignity, and reputation of citizens;
d) Advertising or promoting goods and services that are on the list of prohibited items as stipulated by law.
3. Infringement of intellectual property rights in information technology activities; illegal production and distribution of information technology products; impersonation of websites of other organizations or individuals; creating unauthorized links to domain names of organizations or individuals legally using those domain names.
Chapter II
APPLICATION OF INFORMATION TECHNOLOGY
Section 1: GENERAL REGULATIONS ON INFORMATION TECHNOLOGY APPLICATIONS
Article 13. General principles regarding the application of information technology.
1. Organizations and individuals have the right to conduct information technology application activities in accordance with the provisions of this Law and other relevant laws.
2. The application of information technology to activities in the fields of socio-economic affairs, foreign relations, national defense, security; flood and storm prevention and control, disaster relief, rescue and relief, and other activities is encouraged by the State.
3. Organizations and individuals conducting telecommunications, radio, and television broadcasting activities on the network must comply with the regulations of the law on telecommunications, the press, and the provisions of this Law.
Article 14. Prioritizing the application of information technology in emergency situations.
1. The competent state agency may decide to mobilize part or all of the information infrastructure to prioritize the application of information technology in the event of any of the following emergencies:
a) To serve in flood, storm, fire, natural disaster, and other catastrophe prevention and control;
b) Providing emergency services and disease prevention and control;
c) Serving in rescue and relief operations;
d) Serving national defense and security, ensuring social order and safety, and preventing and combating crime.
2. The government shall specify the priorities for the application of information technology in emergency situations.
Article 15. Management and use of digital information
1. Organizations and individuals have the right to freely use digital information for legitimate purposes, in accordance with the provisions of the law.
2. The competent state agency is responsible for implementing measures to ensure convenient access to and use of digital information.
3. The provision, exchange, transmission, storage, and use of digital information must ensure compliance with the provisions of Clause 2, Article 12 of this Law and other relevant laws.
4. Organizations and individuals are prohibited from quoting digital information from other organizations or individuals if the owner of the digital information has issued a warning or if the law stipulates that quoting such information is not permitted.
5. In cases where permission is granted to quote digital information, organizations and individuals are responsible for clearly stating the source of that information.
Article 16. Digital Information Transmission
1. Organizations and individuals have the right to transmit digital information of other organizations and individuals in accordance with the provisions of this Law.
2. Organizations and individuals transmitting digital information of other organizations and individuals are not responsible for the content of information stored automatically, indirectly, or temporarily due to technical requirements if the temporary storage is for the purpose of transmitting information and the information is stored for a sufficient period of time to complete the transmission.
3. Organizations and individuals transmitting digital information are responsible for promptly taking necessary measures to prevent access to or remove illegal information as required by competent state authorities.
4. Organizations and individuals transmitting digital information belonging to other organizations or individuals are not liable for the content of that information, except in cases where they commit any of the following acts:
a) I myself initiated the transmission of information;
b) Select the recipients of the transmitted information;
c) Selecting and modifying the content of the information being transmitted.
Article 17 Temporary storage of digital information
1. Organizations and individuals have the right to temporarily store the digital information of other organizations and individuals.
2. Organizations and individuals temporarily storing digital information of other organizations or individuals are not responsible for the content of that information, except in cases where they commit any of the following acts:
a) Modify the information content;
b) Failure to comply with regulations regarding access to or updating of information content;
c) Illegally collecting data through temporary storage of information;
d) Disclosing confidential information.
Article 18. Leasing of digital information storage space
1. Digital data storage rental is a service that rents storage space on devices to store information in a network environment.
2. The content of the stored digital information must not violate the provisions of Clause 2, Article 12 of this Law.
3. Organizations and individuals that lease digital information storage space have the following responsibilities:
a) Comply with the requirements of competent state agencies regarding the identification of the list of owners renting digital information storage space to establish websites and the list of owners of digital information stored by those organizations and individuals;
b) Promptly take necessary measures to prevent unauthorized access to digital information or remove illegal digital information as required by competent state authorities;
c) Cease leasing digital information storage space to other organizations or individuals if they themselves discover, or are notified by a competent state agency, that the information being stored is illegal;
d) Ensuring the confidentiality of information of organizations and individuals renting storage space.
Article 19. Digital Information Search Tools
1. A digital information search engine is a computer program that receives requests to search for digital information, performs the search for digital information, and sends back the found digital information.
2. The State has policies to encourage organizations and individuals to develop and provide digital information search tools.
3. Organizations and individuals are responsible for ceasing to provide other organizations and individuals with search tools to access digital information sources if they themselves discover, or are notified by a competent state agency, that such information is illegal.
Article 20. Monitoring and supervising digital information content
1. The competent state agency is responsible for monitoring and supervising digital information; investigating violations of the law occurring during the transmission or storage of digital information.
2. Organizations and individuals participating in the application of information technology are not responsible for monitoring or supervising the digital information of other organizations or individuals, or investigating violations of the law occurring during the transmission or storage of digital information of other organizations or individuals, except in cases where requested by competent state agencies.
Article 21. Collection, processing, and use of personal information in the online environment.
1. Organizations and individuals that collect, process, and use the personal information of others in the online environment must obtain the consent of those individuals, except in cases where the law provides otherwise.
2. Organizations and individuals that collect, process, and use the personal information of others have the following responsibilities:
a) Inform the individual about the form, scope, location, and purpose of the collection, processing, and use of their personal information;
b) Use the collected personal information only for the intended purpose and store it only for a specified period as prescribed by law or as agreed upon by both parties;
c) Implement necessary management and technical measures to ensure that personal information is not lost, stolen, disclosed, altered, or destroyed;
d) Immediately take necessary measures upon receiving a request for review, correction, or cancellation as prescribed in Clause 1, Article 22 of this Law; do not provide or use related personal information until that information has been corrected.
3. Organizations and individuals have the right to collect, process, and use the personal information of others without their consent in cases where that personal information is used for the following purposes:
a) Signing, amending, or executing contracts for the use of information, products, and services in the online environment;
b) Calculating prices and fees for using information, products, and services in the online environment;
c) Fulfill other obligations as prescribed by law.
Article 22. Storage and provision of personal information in the online environment.
1. Individuals have the right to request that organizations or individuals storing their personal information online verify, correct, or delete that information.
2. Organizations and individuals are prohibited from providing the personal information of others to third parties, except in cases where the law provides otherwise or with the consent of that person.
3. Individuals have the right to claim compensation for damages caused by violations in the provision of personal information.
Article 23 Establishing a website
1. Organizations and individuals have the right to establish websites in accordance with the law and are responsible for managing the content and operation of their websites.
2. Organizations and individuals using the Vietnamese national domain “.vn” when establishing websites are not required to notify the Ministry of Post and Telecommunications. Organizations and individuals establishing websites that do not use the Vietnamese national domain “.vn” must notify the Ministry of Post and Telecommunications online with the following information:
a) The name of the organization as stated in the establishment decision, operating license, business registration certificate, or representative office license; the name of the individual;
b) The number, date of issue, and place of issue of the individual's national identity card or the number, date of issue, and place of issue of the individual's passport;
c) The address of the organization's head office or the individual's permanent residence;
d) Telephone number, fax number, email address;
d) Registered domain names.
3. Organizations and individuals are legally responsible for the accuracy of the information specified in Clause 2 of this Article, and must notify authorities of any changes to the information.
4. Websites used for journalistic activities must comply with the provisions of this Law, the law on journalism, and other relevant legal provisions.
5. Websites used for socio-economic activities, foreign affairs, national defense, and security must comply with the provisions of this Law and other relevant laws.
Section 2: APPLICATION OF INFORMATION TECHNOLOGY IN THE OPERATIONS OF GOVERNMENT AGENCIES
Article 24: Principles of applying information technology in the activities of state agencies
1. The application of information technology in the operations of state agencies must be prioritized, ensuring openness and transparency to enhance the effectiveness and efficiency of state agencies; creating conditions for citizens to better exercise their rights and obligations.
2. The application of information technology in the operations of state agencies must promote the program for innovation in the operations of state agencies and the administrative reform program.
3. The provision and exchange of information must ensure accuracy and suitability for its intended purpose.
4. Operating processes and procedures must be open and transparent.
5. Use standardized standards to ensure technological compatibility throughout the information systems of government agencies.
6. Ensuring security, safety, economy, and efficiency.
7. The head of a state agency shall be responsible for the application of information technology within their area of management.
Article 25. Conditions for deploying information technology applications in the operations of state agencies.
1. State agencies are responsible for preparing the conditions for the deployment of information technology applications in their operations.
2. The Government shall specify the conditions for ensuring the application of information technology in the operations of state agencies; and shall develop and implement a national program on the application of information technology in the operations of state agencies with the following main contents:
a) The roadmap for implementing online activities by government agencies;
b) Sectors and fields that have a significant impact on socio-economic development should prioritize the application of information technology;
c) Sharing and common use of digital information;
d) Priority areas for research and development, international cooperation, human resource development, and the construction of information infrastructure to meet the requirements of applying information technology in the operations of state agencies in each stage;
d) Financial resources to ensure the application of information technology in the operations of state agencies;
e) Key programs, plans, and projects on the application of information technology in the operations of state agencies.
Article 26. Content of information technology application in the activities of state agencies
1. Building and utilizing information infrastructure to support the operations of state agencies and the exchange and provision of information between state agencies and organizations and individuals.
2. To build, collect, and maintain databases to support the agency's operations and serve the public interest.
3. Develop forms to facilitate the exchange, provision of information, and collection of feedback from organizations and individuals online.
4. Establish a website in accordance with the provisions of Articles 23 and 28 of this Law.
5. Providing and sharing information with other government agencies.
6. Provide public services online.
7. Develop and implement training plans to raise awareness and improve the application skills of information technology among officials and civil servants.
8. Conducting activities in the online environment in accordance with the provisions of Article 27 of this Law.
Article 27. Activities of state agencies in the online environment
1. The activities of government agencies in the online environment include:
a) Providing, exchanging, and collecting information with organizations and individuals;
b) Sharing information internally and with other government agencies;
c) Providing public services;
d) Other activities as prescribed by the Government.
2. The time and place of sending and receiving information in the online environment shall comply with the provisions of the law on electronic transactions.
Article 28. Websites of state agencies
1. The website of a government agency must meet the following requirements:
a) Ensuring convenient access for organizations and individuals;
b) Assisting organizations and individuals in accessing and using forms on the website (if any);
c) Ensuring the accuracy and consistency of the content of information on the website;
d) Regularly and promptly update information on the website;
d) Implement legal regulations on the protection of state secrets.
2. The website of a government agency must contain the following essential information:
a) The organization, functions, duties, and powers of that agency and of each subordinate unit;
b) The system of specialized legal documents and related legal documents;
c) Administrative processes and procedures implemented by subordinate units, the name of the person responsible for each stage of the administrative process and procedure, and the time limit for resolving the administrative procedures;
d) Disseminating information, promoting, and guiding the implementation of laws, regulations, policies, strategies, and specialized plans;
d) List of official email addresses for each subordinate unit and authorized officials and civil servants;
e) Information on projects, investment items, bidding, and public procurement;
g) A list of online activities being carried out by that agency in accordance with Clause 1, Article 27 of this Law;
h) Section for soliciting feedback from organizations and individuals.
3. State agencies shall provide the information specified in Clause 2 of this Article free of charge.
Section 3: APPLICATION OF INFORMATION TECHNOLOGY IN TRADE
Article 29. Principles of applying information technology in commerce
1. Organizations and individuals have the right to apply information technology in commerce.
2. Commercial activities conducted online must comply with the provisions of this Law, the law on commerce, and the law on electronic transactions.
Article 30. E-commerce websites
1. Organizations and individuals have the right to establish online sales websites in accordance with this Law and other relevant legal regulations.
2. The online sales website must meet the following key requirements:
a) Provide complete and accurate information about goods, services, transaction terms, dispute resolution procedures, and compensation for damages;
b) Provide consumers with information about safe and convenient online payment methods;
c) Publicize the circumstances under which consumers have the right to cancel or modify online agreements.
3. Organizations and individuals owning online sales websites are responsible for the content of information provided on the website, and must comply with the provisions of this Law and other relevant laws regarding contract formation, ordering, payment, advertising, and promotion.
Article 31. Providing information for the conclusion of contracts in the online environment.
1. Unless otherwise agreed by the parties involved, organizations and individuals selling goods or providing services must provide the following information for the conclusion of a contract:
a) The procedure for entering into a contract online;
b) Technical measures to identify and correct incorrect input information;
c) Storing contract records and allowing access to those records.
2. When providing consumers with information about contract terms, organizations and individuals must ensure that consumers have the ability to store and reproduce that information.
Article 32. Resolving consequences of incorrect entry of commercial information online.
If the buyer enters incorrect information on the online sales website and the system does not provide the ability to edit the information, the buyer has the right to unilaterally terminate the contract if they have taken the following measures:
1. Promptly notify the seller of any incorrect information entered by you, and the seller must confirm receipt of this notification;
2. Return goods received but not yet used or from which no benefit has been derived.
Article 33. Online Payments
1. The State encourages organizations and individuals to make payments online in accordance with the law.
2. The conditions, processes, and procedures for online payments are prescribed by competent state authorities.
Section 4: APPLICATION OF INFORMATION TECHNOLOGY IN SEVERAL FIELDS
Article 34. Application of information technology in the field of education and training
1. The State has a policy to encourage the application of information technology in teaching, learning, student recruitment, training, and other activities in the field of education and training in an online environment.
2. Organizations and individuals conducting educational and training activities online must comply with the provisions of this Law and the provisions of the law on education.
3. The competent state agency is responsible for developing and implementing support programs for organizations and individuals to promote the application of information technology in education and training.
4. The Ministry of Education and Training shall regulate the conditions for educational and training activities, recognize the legal validity of diplomas and certificates in online educational and training activities, and conduct quality assurance of online education and training.
Article 35. Application of information technology in the healthcare sector
1. The government has policies to encourage the application of information technology in the healthcare sector.
2. Organizations and individuals conducting healthcare activities online must comply with the provisions of this Law, the laws on medicine and pharmaceuticals, and other relevant legal regulations.
3. The Ministry of Health shall specify the conditions for conducting healthcare activities online.
Article 36. Application of information technology in the field of culture and information
1. The State has policies to encourage the application of information technology in the digitization of cultural products, the storage and promotion of digitized cultural products, and other activities in the cultural field.
2. Organizations and individuals conducting cultural and journalistic activities in the online environment must comply with the provisions of this Law and other laws on journalism, culture, and information.
3. Organizations and individuals receiving state funding to digitize cultural products of preservation value must comply with the Government's regulations on the conditions for digitizing cultural products of preservation value.
4. The government regulates the management of entertainment activities on the online environment to ensure the following requirements:
a) Entertainment content must be wholesome, educational, culturally valuable, and not violate the traditional customs and morals of the nation;
b) Linking the responsibilities and rights of those participating in online entertainment activities with the common good of society and the community;
c) Ensuring technical safety and service quality;
d) Ensuring political security, social order and safety, and preventing crimes arising from this activity.
Article 37. Application of information technology in national defense, security and other fields.
The application of information technology to serve national defense, security, and other fields is carried out in accordance with government regulations.
Chapter III
INFORMATION TECHNOLOGY DEVELOPMENT
Section 1: INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT
Article 38. Encouraging research and development in information technology.
1. The State encourages organizations and individuals to research and develop information technology and products to promote socio-economic development, ensure national defense and security, and improve the material and spiritual lives of the people.
2. Organizations and individuals researching and developing information technology and products to innovate socio-economic management and technological innovation are entitled to tax incentives, credit incentives, and other incentives as prescribed by law.
3. The State shall create conditions for organizations and individuals engaged in scientific and technological activities to transfer research and development results and information technology products for widespread application in production and daily life.
Article 39. Physical and technical facilities serving research and development activities in information technology.
The State mobilizes capital to invest in the construction of physical and technical infrastructure for information technology research and development organizations; encourages organizations and individuals to invest in building physical and technical infrastructure to serve information technology research and development; invests in a number of key information technology laboratories that meet international standards; and promulgates regulations on the use of key information technology laboratories.
Article 40. Research and development of information technology and products.
1. The State encourages organizations and individuals to participate in research and development of information technology and products.
2. The State prioritizes allocating a portion of the state budget to software research and development programs and projects; prioritizes information technology research and development activities at universities and research institutes; and develops models that link research and training with information technology production.
3. The state management agency for information technology shall preside over and coordinate with the state management agency for science and technology to organize the selection of research and training institutions and enterprises to carry out research and development tasks for key information technology products.
Article 41. Standards and quality in the application and development of information technology.
1. The management of standards and quality of information technology products and services is carried out in accordance with the law on standards and quality.
2. Organizations and individuals participating in the production and supply of information technology products and services are encouraged to publish their own standards and ensure that their products and services conform to the published standards.
3. The quality of information technology products and services is managed through the following methods:
a) Certification of conformity to technical standards and regulations;
b) Declaration of conformity with technical standards and regulations;
c) Quality control.
4. The Ministry of Posts and Telecommunications shall announce information technology products and services that require the application of national or international standards; issue and publish technical regulations; specify regulations on quality management of information technology products and services; stipulate conditions for domestic and foreign testing and measurement agencies to serve the quality management of information technology products and services; and announce competent information technology testing and measurement agencies.
5. Mutual recognition of conformity assessment of information technology products between the Socialist Republic of Vietnam and foreign countries and international organizations shall be carried out in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.
Section 2: DEVELOPMENT OF INFORMATION TECHNOLOGY HUMAN RESOURCES
Article 42. Information Technology Human Resource Development Policy
1. The government has a policy to develop the scale and improve the quality of training for human resources in information technology.
2. State-priority and key programs and projects on the application and development of information technology must include a component for training information technology personnel.
3. Organizations and individuals are encouraged to establish information technology human resource training facilities in accordance with the law.
4. Training institutions are entitled to incentives in information technology training activities equivalent to those enjoyed by software manufacturing companies.
5. The State has a policy to support teachers, students, and pupils in the national education system in accessing the Internet at educational institutions.
Article 43. Information Technology Certificates
The Ministry of Posts and Telecommunications, in coordination with the Ministry of Education and Training and the Ministry of Labour, Invalids and Social Affairs, shall regulate the conditions for operating information technology training and issuing information technology certificates, and the recognition of information technology certificates issued by foreign organizations for use in Vietnam.
Article 44. Utilization of Information Technology Human Resources
1. Personnel working full-time in the application and development of information technology in state agencies are entitled to preferential working conditions.
2. Standards for professions and job titles in information technology are issued by competent state agencies.
Article 45. Vietnamese citizens working abroad
1. The State encourages organizations and individuals to seek and expand labor markets to create jobs abroad for Vietnamese workers participating in information technology activities in accordance with Vietnamese law, consistent with the laws of the host country and international treaties to which the Socialist Republic of Vietnam is a party.
2. The State has preferential policies for foreign organizations and individuals, and Vietnamese people residing abroad, to recruit domestic workers for the development, production, and processing of information technology products.
Article 46. Popularization of information technology knowledge
1. The government has a policy to encourage the widespread adoption of information technology knowledge throughout the country.
2. The People's Committees of provinces and centrally-administered cities are responsible for developing and implementing activities to disseminate information technology knowledge to organizations and individuals in their localities.
3. The Ministry of Education and Training is responsible for developing programs and organizing the implementation of information technology education in the national education system.
4. The State has policies to support the learning and dissemination of information technology knowledge for people with disabilities, the poor, ethnic minorities, and other priority groups in accordance with the development requirements of each period as stipulated by the Government.
Section 3: DEVELOPMENT OF THE INFORMATION TECHNOLOGY INDUSTRY
Article 47. Types of information technology industries
1. The hardware industry is the industry that manufactures hardware products, including parts, components, and digital devices.
2. The software industry is the industry that produces software products, including system software, application software, control software, automation software, and other similar products; and provides solutions for installation, maintenance, and user training.
3. The content industry is the industry that produces digital information products, including socio-economic information, scientific and educational information, cultural and entertainment information on the internet, and other similar products.
Article 48. Information Technology Industry Development Policy
1. The State has preferential policies and prioritizes investment in the development of the information technology industry, with particular emphasis on the software and content industries, to make them key economic sectors in the national economy.
2. The State encourages investors to participate in venture capital activities in the information technology industry, investing in the development and supply of affordable digital equipment.
3. The government shall specify the level of incentives, priorities, and other conditions for the development of the information technology industry.
Article 49. Development of the Information Technology Industry Market
The competent state agencies are responsible for issuing regulations and organizing the implementation of activities to develop the information technology industry market, including:
1. Promote the application of information technology; prioritize the use of state budget funds to purchase and use domestically produced information technology products;
2. Promoting trade, organizing domestic exhibitions and trade fairs, supporting businesses to participate in international exhibitions and trade fairs, and promoting and marketing the image of Vietnam's information technology industry worldwide;
3. Software valuation methods for managing application projects and information technology development.
Article 50. Key Information Technology Products
1. Key information technology products are information technology products that meet one of the following requirements:
a) The domestic market has high demand and generates high added value;
b) Has export potential;
c) It has a positive impact on technological innovation and economic efficiency for other economic sectors;
d) Meeting the requirements of national defense and security.
2. The Ministry of Post and Telecommunications shall publish a list and develop a program for the development of key information technology products in each period, in accordance with the information technology industry development plan.
3. Information technology products included in the list of key information technology products specified in Clause 2 of this Article shall be given priority by the State for investment in research, development, and production.
4. Organizations and individuals participating in research, development, and production of key information technology products are entitled to incentives as prescribed by the Government; they are given priority in investment by the State and receive a portion of the royalties for key information technology products invested in by the State.
5. Organizations and individuals participating in research and development and production of key information technology products invested by the State must meet the conditions prescribed by competent state agencies; they are not allowed to transfer or assign technology or development solutions for key information technology products invested by the State without the consent of competent state agencies; and they are subject to inspection, control, and reporting requirements as prescribed by competent state agencies regarding research and development, production, and trade promotion activities of key information technology products.
Article 51. Concentrated Information Technology Zone
1. A concentrated information technology zone is a type of high-tech zone that concentrates or links research and development, production, business, and training facilities in information technology. Organizations and individuals investing and operating within a concentrated information technology zone enjoy the preferential policies of the State applied to high-tech zones.
2. Encourage domestic and foreign organizations and individuals to invest in and develop concentrated information technology zones in accordance with the Government's plan.
Section 4: DEVELOPMENT OF INFORMATION TECHNOLOGY SERVICES
Article 52. Types of information technology services
1. Conduct market research, surveys, and studies on information technology.
2. Consulting, analysis, planning, classification, and design in the field of information technology.
3. System integration, testing, application management services, updates, and security.
4. Design, host, and maintain the website.
5. Warranty, maintenance, and ensuring network and information security.
6. Updating, searching, storing, processing data, and exploiting the database.
7. Distribution of information technology products.
8. Information technology training.
9. Electronic signature authentication.
10. Other services.
Article 53. Information Technology Services Development Policy
1. The government has policies to encourage the development of information technology services.
2. The government specifies the preferential treatment and other conditions for certain types of information technology services.
Chapter IV
MEASURES TO ENSURE THE APPLICATION AND DEVELOPMENT OF INFORMATION TECHNOLOGY
Section 1: INFORMATION INFRASTRUCTURE SUPPORTING THE APPLICATION AND DEVELOPMENT OF INFORMATION TECHNOLOGY
Article 54. Principles of Information Infrastructure Development
1. Information infrastructure must be developed to ensure the quality and diversity of services to meet the requirements of information technology application and development.
2. The competent state agencies are responsible for ensuring the development of information infrastructure in accordance with the requirements of socio-economic development; creating conditions for economic entities to use information infrastructure in a healthy, equal, and transparent competitive environment; and implementing comprehensive measures to prevent acts of exploiting information infrastructure that violate the provisions of Article 12 of this Law.
Article 55. Ensuring information infrastructure to support the application and development of information technology.
1. The State has a policy of developing a widespread national information infrastructure with high throughput, speed, and quality, and competitive pricing compared to other countries in the region; encouraging organizations and individuals to jointly invest in and share information infrastructure.
2. Public Internet access points are prioritized for placement at post offices, community postal service points, train stations, bus stations, seaports, airports, border gates, residential areas, hospitals, schools, supermarkets, cultural centers, and sports centers to serve the needs of organizations and individuals.
Article 56. Information infrastructure serving state agencies
1. Information infrastructure serving state agencies from the central to local levels shall be uniformly built and managed in accordance with government regulations.
2. Funding for investment, construction, operation, and maintenance of information infrastructure serving state agencies comes from the state budget and other sources.
Article 57. Information infrastructure for public benefit
1. The State has a policy of prioritizing investment capital and providing financial support mechanisms for the construction and use of information infrastructure serving the public good and narrowing the digital divide.
2. State management agencies for information technology at all levels are responsible for organizing and implementing programs and projects to bridge the digital divide, including:
a) Install computer systems and Internet access in schools and public places nationwide;
b) Develop a team of instructors for computer use and internet access;
c) Narrowing the digital divide between regions.
Article 58. National Database
1. A national database is a collection of information from one or more socio-economic sectors, built, updated, and maintained to meet the information access and usage requirements of economic sectors and to serve the public interest.
2. Organizations and individuals have the right to access and use information in the national database, except where otherwise provided by law.
3. The State shall guarantee part or all of the funding for the construction and maintenance of the national database.
4. The Government shall prescribe the list of national databases; build, update, and maintain national databases; and issue regulations on the exploitation and use of national databases.
Article 59. Databases of ministries, sectors, and localities
1. Databases of ministries, departments, and localities are collections of information that are built, updated, and maintained to meet the requirements for accessing and using information for their respective purposes and to serve the public interest.
2. Organizations and individuals have the right to access and use information in the databases of ministries, departments, and localities, except where the law provides otherwise.
3. The State shall guarantee part or all of the funding for the construction and maintenance of databases of ministries, sectors, and localities.
4. Ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and centrally-administered cities shall prescribe the list of databases; build, update, and maintain databases; and issue regulations on the exploitation and use of databases within their respective ministries, sectors, and localities.
Article 60. Protection of information infrastructure
1. National information infrastructure must be protected. People's Committees at all levels, the People's Armed Forces, and organizations and individuals managing and exploiting information infrastructure are responsible for coordinating efforts to protect the safety of national information infrastructure.
2. Organizations and individuals are responsible for ensuring the security of information infrastructure under their management; they are subject to management, inspection, and supervision, and must comply with requirements for ensuring information infrastructure security and information security from competent state agencies.
3. Organizations and individuals managing and exploiting information infrastructure are responsible for providing the necessary working conditions, technical support, and professional services to enable competent state agencies to perform their tasks of controlling and ensuring information security when requested.
Section 2: INVESTING IN INFORMATION TECHNOLOGY
Article 61. Investment by organizations and individuals in information technology
1. The State encourages organizations and individuals to invest in information technology applications to innovate socio-economic management, advance technology, and enhance product competitiveness.
2. The State encourages and protects the legitimate rights and interests of domestic organizations and individuals, Vietnamese people residing abroad, and foreign organizations and individuals investing in information technology.
3. The following investments by enterprises in the application and development of information technology and the following expenses of enterprises are deductible when calculating taxable income according to the Corporate Income Tax Law:
a) Establishing schools and training courses in information technology within enterprises;
b) Send personnel for training and to acquire new technologies to meet the needs of applying and developing information technology within the enterprise.
Article 62. State investment in information technology
1. Investing in information technology is investing in development.
2. The State prioritizes allocating budget for information technology, ensuring that the annual increase in budget spending on information technology is higher than the increase in the overall state budget. The budget for information technology must be managed and used effectively.
3. The government shall issue appropriate investment management regulations for information technology application projects using investment capital originating from the state budget.
4. The State Budget Classification includes a separate expenditure category for information technology.
Article 63. Investment in the application and development of information technology.
1. State budget allocations for the application and development of information technology are used for the following purposes:
a) To popularize the application of information technology and support effective information technology application projects;
b) Developing digital information resources;
c) Develop national databases and databases for ministries, sectors, and localities;
d) Developing information infrastructure to serve the public interest and government agencies;
d) Investigating, researching, developing, testing, and applying scientific and technological advancements in information technology, mechanisms, policies, strategies, plans, standards, technical regulations, economic and technical norms, and models for the application and development of information technology;
e) Developing human resources in information technology;
g) Disseminating, popularizing, and educating the public on information technology laws; providing training and professional development in information technology management;
h) Awarding prizes for information technology;
i) Other activities for the application and development of information technology.
2. Annually, the Ministry of Posts and Telecommunications is responsible for compiling the budget estimates for expenditures on the application and development of information technology as stipulated in Clause 1 of this Article from ministries, ministerial-level agencies, government agencies, and provinces and centrally-administered cities, for the Government to submit to the National Assembly.
Article 64. Investment and development of information technology serving agriculture and rural areas.
1. Attract all resources to invest in building information infrastructure, accelerating the modernization process of rural, mountainous, and island areas.
2. Facilitate the application of information technology to serve production and daily life for people in remote areas, areas inhabited by ethnic minorities, areas with difficult socio-economic conditions, and areas with particularly difficult socio-economic conditions.
3. Organizations and individuals engaged in the application and development of information technology in remote areas, areas inhabited by ethnic minorities, areas with difficult socio-economic conditions, and areas with particularly difficult socio-economic conditions are entitled to preferential policies on investment, finance, and other incentives as prescribed by law.
4. Activities involving the application and provision of information technology services to support agricultural, forestry, and fisheries extension, as well as offshore fishing, are partially funded by the State.
Section 3: INTERNATIONAL COOPERATION IN INFORMATION TECHNOLOGY
Article 65. Principles of international cooperation on information technology
Vietnamese organizations and individuals cooperate in information technology with foreign organizations and individuals, and international organizations, based on the principles of respecting national independence and sovereignty, non-interference in each other's internal affairs, equality, and mutual benefit.
Article 66. Content of international cooperation on information technology
1. Analyze international trends in information technology, the size and development prospects of overseas markets, and develop a strategy for developing overseas information technology markets.
2. To promote information about the orientation, policies, and development of information technology in Vietnam and other countries around the world.
3. Develop mechanisms and policies to promote cooperation between Vietnamese organizations and individuals and foreign organizations and individuals, as well as international organizations operating in the field of information technology.
4. Implement international cooperation programs and projects in information technology.
5. Develop the overseas information technology market, introduce Vietnamese information technology products through international exhibitions, and reach potential customers.
6. Organize international workshops, conferences, and forums on information technology.
7. Signing, acceding to, and implementing bilateral and multilateral international treaties, and participating in regional and international organizations on information technology.
8. Adopting foreign technologies transferred to Vietnam.
Section 4: PROTECTING THE LEGAL RIGHTS AND INTERESTS AND SUPPORTING USERS OF INFORMATION TECHNOLOGY PRODUCTS AND SERVICES
Article 67. Responsibility to protect the legitimate rights and interests of users of information technology products and services.
The State and society implement measures to prevent and combat acts that infringe 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 are protected in accordance with the law.
Article 68. Protection of the Vietnamese national domain name “.vn”
1. The Vietnamese national domain “.vn” and its subdomains “.vn” are part of the national information resources, have equal value, and must be managed, exploited, and used for the right purposes and effectively.
The State encourages organizations and individuals to register and use the Vietnamese national domain name “.vn”. Registered domain names must reflect seriousness to avoid misunderstandings or misinterpretations due to polysemy, multiple meanings, or the absence of diacritical marks in Vietnamese.
2. The Vietnamese national domain “.vn” reserved for Party organizations and state agencies must be protected and not infringed upon.
3. Organizations and individuals registering to use Vietnamese national domain names “.vn” are legally responsible for the purpose of use and accuracy of the registration information, and must ensure that the registration and use of Vietnamese national domain names “.vn” do not infringe upon the legitimate rights and interests of other organizations and individuals that existed before the registration date.
4. The Ministry of Post and Telecommunications shall regulate the registration, management, use, and dispute resolution of Vietnamese national domain names “.vn”.
Article 69. Protection of intellectual property rights in the field of information technology
The protection of intellectual property rights in the field of information technology must be carried out in accordance with the law on intellectual property and the following regulations:
1. Organizations and individuals transmitting information over the internet have the right to create temporary copies of a protected work due to the technical requirements of the information transmission activity, and these temporary copies shall be stored for a period sufficient to carry out the information transmission;
2. Legitimate users of protected software have the right to copy that software for backup and replacement of corrupted software without permission or royalties.
Article 70. Combating Spam
1. Organizations and individuals are prohibited from concealing their own names or impersonating the names of other organizations or individuals when submitting information online.
2. Organizations and individuals sending advertising information online must ensure that consumers have the ability to opt out of receiving advertising information.
3. Organizations and individuals are not allowed to continue sending advertising information on the internet to consumers if those consumers notify them that they do not consent to receiving advertising information.
Article 71. Combating computer viruses and malicious software
Organizations and individuals are prohibited from creating, installing, or distributing computer viruses or harmful software to other people's digital devices to carry out any of the following acts:
1. Change the settings parameters of the digital device;
2. Gathering information about other people;
3. Deleting or disabling information security software installed on digital devices;
4. Prevent users from deleting or restricting the use of unnecessary software;
5. Seizing control of digital devices;
6. Modifying or deleting information stored on digital devices;
7. Other acts that infringe upon the legitimate rights and interests of users.
Article 72. Ensuring the safety and confidentiality of information
1. Legitimate private information of organizations and individuals exchanged, transmitted, and stored in the online environment is guaranteed confidentiality in accordance with the law.
2. Organizations and individuals are prohibited from performing any of the following acts:
a) Accessing, modifying, or deleting the information content of other organizations or individuals in the online environment;
b) Hindering the provision of services by the information system;
c) Preventing access to the information of other organizations or individuals in the online environment, except in cases permitted by law;
d) Cracking, stealing, or using passwords, encryption keys, and information belonging to other organizations or individuals in the online environment;
d) Other acts that compromise the security and confidentiality of information of other organizations or individuals that is exchanged, transmitted, or stored in the online environment.
Article 73. Responsibility for protecting children
1. The state, society, and schools have the following responsibilities:
a) Protect children from the negative impacts of information in the online environment;
b) Implement measures to prevent and combat information technology applications containing content that incites violence and pornography.
2. Families have a responsibility to prevent children from accessing information that is harmful to them.
3. The competent state authorities shall take the following measures to prevent children from accessing harmful information on the internet:
a) Develop and promote the use of content filtering software;
b) Develop and disseminate tools to prevent children from accessing information that is harmful to them;
c) Guidelines for establishing and managing websites for children, aiming to promote the creation of websites with content suitable for children and not harmful to them; and to enhance the ability to manage online content that is suitable for children and not harmful to them.
4. Service providers have measures in place to prevent children from accessing online environments that are harmful to them.
5. Information technology products and services containing content harmful to children must have warning signs.
Article 74. Support for persons with disabilities
1. The State encourages and facilitates the participation of people with disabilities in activities related to the application and development of information technology, and the development of their working capacity through the application and development of information technology; it also has preferential policies for people with disabilities to participate in education and training programs on information technology.
2. National information technology development strategies, plans, and policies must include provisions to support and ensure the integration of people with disabilities into the community.
3. The State has preferential policies regarding taxes, credit, and other incentives for the following activities:
a) Research and develop tools and applications to enhance the ability of people with disabilities to access and utilize information and knowledge resources through the use of computers and information infrastructure;
b) Producing and supplying technologies, equipment, services, information technology applications, and digital information content to meet the special needs of people with disabilities.
Chapter V
DISPUTE RESOLUTION AND VIOLATION HANDLING
Article 75. Resolution of disputes concerning information technology
1. Information technology disputes are disputes arising from the application and development of information technology.
2. Encourage parties to resolve information technology disputes through mediation; if the parties cannot reach a settlement through mediation, the dispute shall be resolved according to the provisions of the law.
Article 76. Forms of dispute resolution concerning the registration and use of Vietnamese national domain names “.vn”
Disputes regarding the registration and use of Vietnamese national domain names “.vn” are resolved through the following methods:
1. Through negotiation and mediation;
2. Through arbitration;
3. File a lawsuit in court.
Article 77. Handling of violations of information technology laws
1. Individuals who violate information technology laws will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation. If the violation causes damage, they must compensate according to the provisions of the law.
2. Organizations that violate information technology laws will be subject to administrative penalties, suspension of operations, and compensation for damages, depending on the nature and severity of the violation, as prescribed by law.
Chapter VI
TERMS ENFORCEMENT
Article 78. Enforcement
This law came into effect on July 1, 2007.
Article 79. Implementation Guidelines
The Government shall provide detailed regulations and guidelines for the implementation of this Law.
This law was passed by the 6th National Assembly of the Socialist Republic of Vietnam at its 9th session on June 29, 2006.
CHAIRMAN OF THE NATIONAL ASSEMBLY Nguyen Phu Trong |