The following article pertains to the prevention and removal of information violating the Law on the Internet in Vietnam from December 25, 2024 as stipulated in Decree 147/2024/ND-CP.
Provisions on preventing and removing information violating the Law on the Internet in Vietnam from December 25, 2024 (Image from Internet)
On November 9, 2024, the Government of Vietnam promulgated Decree 147/2024/ND-CP governing the management, provision, and use of Internet services and information.
According to the provisions in Article 80 of Decree 147/2024/ND-CP, the measures for preventing and removing information violating laws on the Internet are as follows:
- Ministries, central authorities, and local authorities within their functions, tasks, and powers are responsible for implementing or coordinating the prevention and handling of information violating laws on the Internet related to the areas and localities they manage. If necessary, promptly report information violating laws on the Internet related to the areas and localities they manage to the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention) for handling.
- The Ministry of Information and Communications (Department of Information Security) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention) are the focal points for directing and supervising compliance by telecommunications companies, Internet service providers, web hosting services, data center services, and other enterprises in preventing and removing information violating laws on the Internet.
- The Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention) are the focal points for directing telecommunications, Internet enterprises to refuse or temporarily suspend providing telecommunication services, Internet services, and other services to organizations or individuals using services to publish information violating laws on the Internet.
- Telecommunications companies, Internet service providers, web hosting services, data center services, and telecommunication application service providers have the following responsibilities:
+ Implement prevention and removal of content, services, and applications on the Internet that violate laws no later than 24 hours from the time of a written, telephone, or electronic request from the Ministry of Information and Communications (Department of Information Security) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention);
+ Refuse or temporarily suspend telecommunication services, Internet services, and other services to organizations or individuals using services to publish information violating laws on the Internet as requested by the Ministry of Information and Communications (Department of Broadcasting, Television and Electronic Information) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention);
+ Telecommunication businesses, Internet service providers must connect, receive coordination requests, report results through technical systems, and implement other measures as required by the Ministry of Information and Communications (Department of Information Security) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention).
- Internet service providers have the following responsibilities:
+ Deploy solutions on network access devices provided by the company to users to protect users from accessing sources of information that violate laws, prevent risks of cybersecurity threats; connect and share information, data with the technical systems of the Ministry of Information and Communications (Department of Information Security) and the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention);
+ The Ministry of Information and Communications guides and coordinates enterprises in implementing solutions as stipulated at point a, clause 5, Article 80 of Decree 147/2024/ND-CP.
Refer to Decree 147/2024/ND-CP effective from December 25, 2024.
The following regulations are nullified:
- Decree 72/2013/ND-CP of the Government of Vietnam on the management, provision, and use of Internet services and information on the network;
- Decree 27/2018/ND-CP of the Government of Vietnam amending and supplementing a number of articles of Decree 72/2013/ND-CP of the Government of Vietnam on the management, provision, and use of Internet services and information on the network;
- Article 2 of Decree 150/2018/ND-CP of the Government of Vietnam amending some decrees related to business investment conditions and administrative procedures in the field of information and communications.
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