Directive on blogging

The following is the text of a directive on blogging passed last December. This was posted by Shawn McHale to the Vietnam Studies Group forum.

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MINISTRY OF
INFORMATION AND COMMUNICATION SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness


No: 07 /2008/TT-BTTTT

Hanoi, 18 December 2008

CIRCULAR

Instruction on some contents regarding the provision of information on the personal electronic information page in the Decree No. 97/2008/ND-CP dated 28 August 2008 of the Government on the management, provision and use of Internet services and electronic information on the Internet


Pursuant to the Post and Telecommunications Ordinance dated 25 May 2002;

Pursuant to the Decree No. 187/2007/ND-CP dated 25 December 2007 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication;

Pursuant to the Decree No. 97/2008/ND-CP dated 28 August 2008 of the Government on the management, provision and use of Internet services and electronic information on the Internet;

Ministry of Information and Communication instructs some contents regarding the provision of information on the personal electronic information page in the Decree No. 97/2008/ND-CP dated 28 August 2008 of the Government on the management, provision and use of Internet services and electronic information on the Internet (hereinafter called Decree No.97) as follows:

1. The personal electronic information page (blog) as defined at item 12 Article 3 Decree No. 97 is translated as follows:

The blog is used to show personal information, serving the needs of storing or exchanging with a group of people or Internet using community. The blog is registered and created on the Internet by its owner.

2. Instructions on items 3, 5, 6 Article 4 Decree No. 97 regarding the provision of information on the blog as follows:

2.1 To encourage the development and use of the blogs to facilitate the individuals and open the chance of interaction on the Internet for discussion and exchanging of information which is conformable to the Vietnamese habits, customs and regulations, enriching their social and spiritual lives and connecting the community.

2.2 To encourage the correct use of Vietnamese on the blogs.

2.3 To encourage the use of blogs on the online social networks which have registered their operations by the Vietnamese law and regulations.

3. Deeds that are strictly forbidden at Article 6 Decree No. 97 regarding the provision of information on the blogs are specifically stipulated as follows:

3.1 To make corrupt use of the blogs to provide, transmit or establish the direct connection with information that violates the regulations at Article 6 of Decree No. 97.

3.2 To create blogs that forge other individuals or organizations; to illegally use of other individual's blog account; false information injuring the legal rights and benefits of organizations or individuals.

3.3 To broadcast literary or artistic works, articles, publications which violate the law and regulation on press and publishing.

3.4 To use information or individual image that violates the regulations at Articles 31 and 38 of the Civil Code.

3.5 To provide information on the blogs that violates the regulations on intellectual property, e-commerce transaction and other related regulations.

4. Responsibilities of the Internet users as stipulated at points c and d item 2 Article 12 of Decree No. 97, are instructed as follows:

4.1 The blog owner must bare all responsibilities on the information provided, stored and transmitted on his/her blog, ensuring that it will not violate the law and regulations as well as the rules as defined at item 3 of this Circular.

4.2 The blog owner must keep in secret his/her password, cipher key, personal information.

5. Responsibilities of the enterprises which provide the online social network service as defined at item 2 Article 11 of Decree No.97 regarding the provision of information on the blog, are instructed as follows:

5.1 To build and publicize the regulations on the information provision and exchange on the blogs at their service-providing electronic information pages, ensuring that it will not violate the law and regulations as stipulated at item 3 of this Circular.

To have appropriate treatment with the violated blogs.

5.2 To build the information management procedure which is conformable to their service scale.

5.3 To build the database on the blogs under their management and inform the authorized state management agencies of such information if required.

5.4 To prevent and reject such information that violates the law and regulations as stipulated at item 3 of this Circular right after discovering such information or when requested by the authorized state management agencies.

5.5 Under the inspection of the authorized state agencies as stipulated.

6. The implementation of the reports on the blog service provision by the online social network service providers as stipulated at point d item 2 Article 11 of Decree No. 97 as follows:

6.1 To report every 6 months and or make unscheduled report as requested by the authorized state management agencies.

6.2 The periodical reports should include the following contents:

a) Date, month, year and number of the confirmation document on the registration of online social network service provision by the Ministry of Information and Communication;

b) Official date, month, year of the provision of blog creation service;

c) Headquarter address;

d) Name, phone number and email of the authorized representative;

đ) Numbers of blogs managed by the enterprises and the statistics as requested by the authorized agencies;

e) Data on the personal electronic information pages that violate the regulations on providing and exchanging enterprises’ information.

6.3 Enterprises providing online social network service with blog creating service must send reports before 15 January and 15 July annually.

6.4 Reports should be sent to:

a) Ministry of Information and Communication (Directorate of Broadcasting and Electronic Information).

Email: cucptth&ttdt@mic.gov.vn

b) Departments of Information and Communication at localities at which the enterprises have registered their operations.

7. Validity

7.1 This circular shall have the validity of 15 days since the date of being posted on the Official Gazette.

7.2 Any organization or individual who meets difficulties in the implementation of this circular should inform the Ministry of Information and Communication for consideration and settlement./.



To:

- Prime Minister, Deputy Prime Ministers;
- Office of the Government;
- Office of the Party Central Committee;
- Office of the National Assembly;
- Ministries, ministry-equal agencies, agencies under the Government;
- The Supreme People's Procuracy;
- The Supreme People's Court of Vietnam;
- People's Committees of the cities or provinces under Central government;
- Central bodies of organization;
- Document Inspection Bureau (Ministry of Justice);
- Departments of Information and Communication;
- Internet and Telecommunication Enterprises;
- Electronic Information Agency, Official Gazette;
- MIC: Minister, Deputy Ministers, Ministry affiliated units;
- Administrative archive, Directorate of Broadcasting and Electronic Information.

FOR MINISTER

DEPUTY MINISTER

(Signed)

Do Quy Doan