How are websites classified in Vietnam?

How are websites classified in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is website?

Specifically, Clause 21, Article 3 of Decree 72/2013/ND-CP stipulates that a website is a system of information used for establishing one or multiple pages of information that are displayed in the form of symbols, digits, text, video, audio, and other forms of information serving the provision and use of information on the Internet.

2. How are websites classified in Vietnam?

Websites are classified as follows:

- Electronic newspapers in the form of websites.

- News websites are websites of organizations and enterprises that post news cited from official sources, specify the authors or managing agencies of the official sources, and the time when such information is posted.

- Internal websites are websites of organizations and enterprises that post information about the functions, tasks, powers, organization structure, services, products, business lines, and other information serving their operation. Those websites do not post news.

- Private websites are websites established by individuals or via social networking sites to provide and exchange private information. Those websites neither represent other organizations and individuals nor provide news.

- Specialized websites are websites of organizations and enterprises that provide applications for telecommunications, information technology, radio and television, commerce, finance, banking, culture, health care, education, and other fields. Those websites do not post news.

(Article 20 of Decree 72/2013/ND-CP)

3. Regulations on managing the establishment of websites and social networking sites in Vietnam

Pursuant to Article 23 of Decree 72/2013/ND-CP (amended in Decree 27/2018/ND-CP), management of the establishment of websites and social networking sites as follows:

- Electronic newspapers in the form of websites may be established and operate in accordance with the laws on press.

- Specialized websites may be established and operate in accordance with specialized laws and relevant regulations of Decree 72/2013/ND-CP.

- Private websites and internal websites must comply with the regulations on registration and use of Internet resources, and relevant regulations of Decree 72/2013/ND-CP.

- Organizations and enterprises shall only establish news websites and social networking sites after obtaining the license to establish news websites and license to establish social networking sites.

- An organization or enterprise shall be issued with a license to establish news websites or license to establish social networking sites when the conditions below are satisfied:

= It is established under Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information posted on the national business registration portal;

= It has qualified personnel as prescribed in Article 23a of Decree 72/2013/ND-CP;

= The domain names to establish the news website of social networking site are registered and conformable to Article 23b of Decree 72/2013/ND-CP;

= It meets the technical criteria as prescribed in Article 23c of Decree 72/2013/ND-CP;

= It has measures for information safety, security and management as prescribed in Article 23d of Decree 72/2013/ND-CP.

- The duration of the license to establish news websites or license to establish social networking sites depends on the demand of the organization or enterprise, and shall not exceed 10 years.

- The Ministry of Information and Communications shall issue license to establish social networking sites.

- The Administration of radio, television and electronic information - the Ministry of Information and Communications shall issue licenses to establish news websites to press agencies, diplomatic and consular agencies, organizations affiliated to central government, religious organizations that operate legally in Vietnam, governmental and non-governmental organizations that legally operate in Vietnam;

Services of Information and Communications, and other organizations prescribed by the Ministry of Information and Communications.

- Services of Information and Communications shall issue licenses to establish news websites to the organizations and enterprises not being mentioned in Clause 8 of Article 23 of Decree 72/2013/ND-CP.

- The Ministry of Information and Communications shall specify the procedures for issuing, adjusting, extending, revoking, and reissuing licenses to establish news websites and licenses to establish social networking sites.

- The licensing authority shall issue a decision on suspension of license to establish news website or license to establish social networking site within 3 months from the date of issue if the organization or enterprise:

= Violates Points d, dd, e Clause 1 Article 5 of Decree 72/2013/ND-CP; or

= Fails to meet all conditions prescribed in Clause 5 Article 23 of Decree 72/2013/ND-CP although the licensing authority required correcting them in writing.

Suspension procedures shall be the same as those in Article 23i of Decree 72/2013/ND-CP.

- The licensing authority shall revoke the license to establish news website or the license to establish social networking site when the organization or enterprise violates Points a, b, c Clause 1 Article 5 of Decree 72/2013/ND-CP or have its license suspended as prescribed in Clause 11 of Article 23 of Decree 72/2013/ND-CP.

Revocation procedures shall be the same as those in Article 23i of Decree 72/2013/ND-CP.

Ho Quoc Tuan

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