What are cases of temporary suspension of domain names in Vietnam?
What are cases of temporary suspension of domain names in Vietnam?
Pursuant to Clause 13, Article 9 of Decree 147/2024/ND-CP regarding registration, use, change of registration information, temporary suspension, revocation, return of domains:
Article 9. Registration, use, change of registration information, temporary suspension, revocation, return of domains
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- Domains are subjected to temporary suspension in the following cases:
a) Upon a written request from the investigative agency or a competent state agency as stipulated by cybersecurity law and the prevention, counteraction of high-tech crime to promptly prevent acts using domains to infringe national security, public order, and social safety as prescribed by law;
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Thus, domains are subjected to temporary suspension in the following cases:
[1] Upon a written request from the investigative agency or a competent state agency in accordance with the law on cybersecurity and the prevention and counteraction of high-tech crime to promptly prevent acts of domain usage infringing on national security, public order, and social safety as prescribed by law
[2] Upon a written request to enforce decisions applying preventive measures and securing administrative violation handling by a competent agency managing information and communication or other specialized inspectors
[3] Cases where the registration information for the use of the domain is inaccurate, the registrant cannot be determined; the registration dossier for domain use is incomplete or inaccurate; the registered domain is non-conformable to management concerning structure, registration objects
[4] The registrant using the national domain of Vietnam “.vn” does not fully pay the maintenance fee for using the national domain of Vietnam “.vn” as specified by the law on fees and charges.
What are cases of temporary suspension of domain names in Vietnam? (Image from the Internet)
Who are the international domain registrars in Vietnam?
Pursuant to Article 14 of Decree 147/2024/ND-CP specifying international domain registrars in Vietnam:
Article 14. International domain registrars in Vietnam
- An international domain registrar in Vietnam is a Vietnamese organization or enterprise providing domain registration and maintenance services for international domains for agencies, organizations, enterprises, and individuals in Vietnam.
- An international domain registrar in Vietnam is eligible to provide services when the following conditions are met:
a) Is a Vietnamese organization or enterprise;
b) Has a contract with ICANN or an official domain registrar (Accredited Registrar) of ICANN to provide domain registration and maintenance services in Vietnam;
c) Obtained certification from the Ministry of Information and Communications (Vietnam Internet Center) confirming the completion of reporting on the activity of providing domain registration, maintenance services for international domains in Vietnam as stipulated in Clause 3 of this Article.
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According to the above regulation, an international domain registrar in Vietnam is a Vietnamese organization or enterprise providing registration and maintenance services for international domains for agencies, organizations, enterprises, and individuals in Vietnam.
What are grounds for handling a dispute regarding the registration and use of the national domain name of Vietnam ".vn" according to the plaintiff's request?
Pursuant to Article 16 of Decree 147/2024/ND-CP, the basis for resolving disputes regarding the registration and use of the national domain ".vn" at the request of the plaintiff includes the full set of factors provided below:
- The disputed domain is identical or confusingly similar to a name, trademark, geographical indication, or trade name to which the plaintiff has rights and legitimate interests;
- The respondent has no rights or legitimate interests related to that domain;
- The respondent uses the domain with malicious intent, exploiting the reputation and fame of the trademark, trade name, geographical indication to which the plaintiff has rights and legitimate interests to illegitimately gain profits when one of the following contents is present:
+ The respondent leases or transfers the domain to the plaintiff who is the rightful owner of the name, trademark, trade name, or geographical indication that is identical or confusingly similar to that domain; leases or transfers to the plaintiff's competitor for personal gain or for illicit profit or
+ The respondent occupies and prevents the plaintiff who is the rightful owner of the name, trademark, trade name, or geographical indication from registering a domain corresponding to that name, trademark, or service mark for the purpose of unfair competition or
+ The respondent uses the domain with the intent to intentionally attract Internet users to access their website or other online addresses by intentionally causing confusion with the plaintiff's name, trademark, trade name, or geographical indication for the purpose of illicit gain, or unfair competition or
Other cases proving the respondent's use of the domain violates the rights and legitimate interests of the plaintiff.
