What are the procedures for the auction of the right to use a Vietnamese domain name “.vn”? What is the resolution of disputes over registration and use of Vietnamese domain names “.vn”?
What are the procedures for the auction of the right to use a Vietnamese domain name “.vn”?
Pursuant to Clause 5, Article 50 of the Law on Telecommunications 2023 on the distribution, allocation, use, registration and return of telecommunications codes and numbers and Internet resources, the auction of the right to use a Vietnamese domain name “.vn” shall be carried out as follows
- The starting price of the Vietnamese domain name “.vn” shall be equal to the 1-year fee for maintenance of such domain name;
- The Ministry of Information and Communications shall approve results of the auction of the right to use the Vietnamese domain name “.vn”. The organization or individual shall be responsible for carrying out procedures for registration of use the winning domain name in the auction;
- Vietnamese domain names “.vn” after 02 unsuccessful auctions will be distributed directly in accordance with Point b, Clause 3 Article 50 of the Law on Telecommunications 2023.
Forms, methods and procedures for auctions of telecommunications codes and numbers, and Vietnamese domain names “.vn” shall comply with regulations of the law on property auction.
Requests for registration and maintenance of Vietnamese domain names “.vn” from organizations and individuals shall be received and processed via organizations and enterprises involved in the provision of the domain name registration and maintenance services.
What are the procedures for the auction of the right to use a Vietnamese domain name “.vn”? What is the resolution of disputes over registration and use of Vietnamese domain names “.vn”? (Image from the Internet)
What is the resolution of disputes over registration and use of Vietnamese domain names “.vn”?
Pursuant to Article 52 of the Law on Telecommunications 2023, the resolution of disputes over registration and use of Vietnamese domain names “.vn” is as follows:
- Disputes over the registration and use of Vietnamese domain names “.vn” shall be resolved through conciliation, arbitration, and court in accordance with the law.
- Resolution of disputes over registration and use of a Vietnamese domain name “.vn” shall be based on the following factors. To be specific:
+ The domain name is identical or confusingly similar to a name, trademark, geographical indication, or trade name which the plaintiff has legal rights and interests;
+ Legitimate rights and interests related to the domain name of the disputing parties;
+ The defendant uses the domain name with bad intentions and abuses the prestige and reputation of the trademark, trade name, geographical indication which the plaintiff has legal rights and interests to gain illegal profits.
- The plaintiff, when requiring the resolution of a dispute over the registration and use of the Vietnamese domain name “.vn”, shall provide evidence to prove the factors specified in Clause 2 of Article 52 of the Law on Telecommunications 2023.
- The Government shall elaborate Clause 2 of Article 52 of the Law on Telecommunications 2023.
What are 05 cases of revocation of telecommunications codes and numbers, and Internet resources in Vietnam?
Pursuant to Article 53 of the Law on Telecommunications 2023:
Revocation of telecommunications codes and numbers, and Internet resources
1. Revocation of telecommunications codes and numbers and Internet resources means that a competent state agency decides to revoke the rights to use telecommunications codes and numbers and Internet resources already distributed or allocated to organizations and individuals.
2. Telecommunications codes and numbers, and Internet resources shall be revoked in the following cases;
a) Telecommunications codes and numbers and Internet resources of Vietnam are revoked for the use for public interests, national defense and security maintenance;
b) Use purposes and entities eligible for use of telecommunications codes numbers and Internet resources of Vietnam are no longer in line with the telecommunications number planning and Internet resource planning;
c) The fees for allocation of telecommunications number storages, usage fees for telecommunication codes and numbers are not paid in a full manner and are not paid in a full manner within 06 months from the due date specified in the law on fees and charges in accordance with the notice of the state agency in charge of telecommunications;
d) The fees for maintenance of Internet resources of Vietnam are not paid in a full manner within 30 days from the due date in accordance with the notice of the unit managing Internet resources;
dd) Telecommunications codes and numbers and Internet resources of Vietnam are revoked upon request of the competent state agency when they are used to commit prohibited acts specified in Article 9 of this Law or other violations.
3. Organizations and individuals that have telecommunications codes and numbers and Internet resources revoked under Clause 2 of this Article shall terminate the use of telecommunications codes and numbers and Internet resources under revocation decisions.
...
Thus, telecommunications codes and numbers, and Internet resources shall be revoked in the following cases;
- Telecommunications codes and numbers and Internet resources of Vietnam are revoked for the use for public interests, national defense and security maintenance;
- Use purposes and entities eligible for use of telecommunications codes numbers and Internet resources of Vietnam are no longer in line with the telecommunications number planning and Internet resource planning;
- The fees for allocation of telecommunications number storages, usage fees for telecommunication codes and numbers are not paid in a full manner and are not paid in a full manner within 06 months from the due date specified in the law on fees and charges in accordance with the notice of the state agency in charge of telecommunications;
- The fees for maintenance of Internet resources of Vietnam are not paid in a full manner within 30 days from the due date in accordance with the notice of the unit managing Internet resources;
- Telecommunications codes and numbers and Internet resources of Vietnam are revoked upon request of the competent state agency when they are used to commit prohibited acts specified in Article 9 of the Law on Telecommunications 2023 or other violations.
The Law on Telecommunications 2023 comes into force from July 1, 2024, except for the cases specified in Clauses 3 and 4, Article 72 of the Law on Telecommunications 2023.
Thư Viện Pháp Luật