Law No. 67/2006/QH11 of June 29, 2006, on information technology

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THE NATIONAL ASSEMBLY

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SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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No: 67/2006/QH11 Hanoi, June 29, 2006

LAW

ON INFORMATION TECHNOLOGY

(No. 67/2006/QH11)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and

supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National

Assembly, the 10th session,

This Law provides for information technology.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for information technology application and development activities, measures

to ensure information technology application and development, and rights and obligations of

agencies, organizations and individuals (hereinafter collectively referred to as organizations and

individuals) engaged in information technology application and development activities.

Article 2.- Subjects of application

This Law applies to Vietnamese and foreign organizations and individuals engaged in

information technology application and development activities in Vietnam.

Article 3.- Application of the Information Technology Law

1. When disparities appear between the provisions of the Information Technology Law and those

of other laws on the same matters related to information technology application and development

activities, the provisions of the Information Technology Law prevail.

2. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains

provisions different from those of this Law, the provisions of that treaty prevail.

Article 4.- Interpretation of terms

In this Law, the terms below are construed as follows:

1. Information technology means a combination of scientific and technological methods and

modern technical tools for the production, transmission, collection, processing, storage and

exchange of digital information.

2. Digital information means information generated by the method of using digital signals.

3. Network environment means an environment in which information is supplied, transmitted,

collected, processed, stored and exchanged via information infrastructure.

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4. Information infrastructure means a system of equipment in service of the production,

transmission, collection, processing, storage and exchange of digital information, including

telecommunications networks, the Internet, computer networks and databases.

5. Information technology application means the use of information technology in socio-

economic, external, defense, security and other activities with a view to raising the productivity,

quality and efficiency of these activities.

6. Information technology development means research and development activities relating to

the process of production, transmission, collection, processing, storage and exchange of digital

information; development of information technology human resources; development of the

information technology industry and development of information technology services.

7. Digital gap means the difference in conditions and ability to use computer and information

infrastructure to access sources of information and knowledge.

8. Venture investment in the information technology domain means investment in enterprises

operating in such domain with prospect of bringing huge profits but also with high risks.

9. Information technology industry means a hi-tech econo-technical sector, which produces and

supplies information technology products, including hardware and software products and digital

information contents.

10. Hardware means complete digital equipment; component assemblies; components; parts of

digital equipment, component assemblies or components.

11. Digital equipment means electronic, computer, telecommunications, transmission, radio-

receiving and -transmitting equipment or other integrated equipment, which is used for the

production, transmission, collection, processing, storage and exchange of digital information.

12. Software means a computer program which is described by a system of signs, codes or

languages for controlling digital equipment to perform certain functions.

13. Source code means a pre-compilation product of a software, which is yet able to control

digital equipment.

14. Computer language means a post-compilation product of a software, which is able to control

digital equipment.

15. Spam means an email or a message sent to a recipient who does not wish or has no

responsibility to receive it according to the provisions of law.

16. Computer virus means a computer program which can spread or cause malfunction of digital

equipment, or which can copy, modify or delete information stored in digital equipment.

17. Website means a website or a collection of websites in the network environment in service of

information supply and exchange.

18. Digitalization means the change of information of various types into digital information.

Article 5.- State policies on information technology application and development

1. To prioritize the information technology application and development in socio-economic

development strategies and in national industrialization and modernization.

2. To create favorable conditions for organizations and individuals engaged in information

technology application and development activities to meet socio-economic development,

external relation, defense and security requirements; to develop the information technology

industry into a key economic sector, meeting the domestic market and export demands.

3. To promote investment in the information technology domain.

4. To earmark part of the state budget for the application of information technology to essential

domains, the establishment of the information technology industry and the development of

information technology human resources.

5. To create favorable conditions for the development of the national information infrastructure.

6. To adopt preferential policies for organizations and individuals to carry out information

technology application and development activities in agriculture; in rural, deep-lying, remote and

border and island areas, and for ethnic minority people, disabled people and people in plights.

7. To guarantee legitimate rights and interests of organizations and individuals engaged in

information technology application and development.

8. To boost international exchange and cooperation; to encourage cooperation with overseas

Vietnamese organizations and individuals in the information technology domain.

Article 6.- Contents of state management of information technology

1. Formulating, and organizing the implementation of, information technology application and

development strategies, plannings, plans and policies.

2. Elaborating, promulgating, propagating, popularizing, and organizing the implementation of,

legal documents, national standards and technical regulations in the information technology

domain.

3. Managing information safety and security in information technology application activities.

4. Managing and using the national information resources and database.

5. Managing and facilitating international cooperation on information technology.

6. Managing, training, retraining and developing information technology human resources.

7. Formulating mechanisms, policies and regulations related to products and public services in

the information technology domain.

8. Formulating mechanisms, policies and regulations on mobilization of information technology

human resources in service of defense and security and in emergency circumstances specified in

Article 14 of this Law.

9. Managing information technology statistics.

10. Inspecting, examining, settling complaints and denunciations, and handling violations in the

information technology domain.

Article 7.- Responsibility to perform the state management of information technology

1. The Government shall perform the unified state management of information technology.

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2. The Ministry of Post and Telematics is answerable to the Government for assuming the prime

responsibility for, and coordinating with concerned ministries and ministerial-level agencies in,

performing the state management of information technology.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and

powers, assume the prime responsibility for, and coordinate with the Ministry of Post and

Telematics in, performing the state management of information technology according to the

Government's assignment.

4. Provincial/municipal People's Committees shall, within the ambit of their respective tasks and

powers, perform the state management of information technology in their respective localities.

5. The application of information technology to state agencies' operation shall be specified by the

Government.

Article 8.- Rights of organizations and individuals engaged in information technology

application and development

1. Organizations and individuals engaged in information technology application have the

following rights:

a/ To seek, exchange and use information in the network environment, except information with

contents specified in Clause 2, Article 12 of this Law;

b/ To request the restoration of their information or the restoration of the ability to access their

sources of information when the contents of such information do not breach the provisions of

Clause 2, Article 12 of this Law;

c/ To request competent state agencies to deal according to the provisions of law with cases

where the restoration of information or the restoration of the ability to access such sources of

information is rejected;

d/ To distribute contact addresses available in the network environment after obtaining the

consent of owners of such addresses;

e/ To refuse to provide or receive in the network environment products or services in

contravention of law and take responsibility for such refusal.

2. Organizations and individuals engaged in information technology development have the

following rights:

a/ To research into and develop information technology products;

b/ To produce information technology products; to digitalize, maintain and increase the value of

information resources.

3. State agencies may refuse to receive information in the network environment if the reliability

and confidentiality of the information transmitted via the network environment are not secured.

Article 9.- Responsibilities of organizations and individuals engaged in information technology

application and development

1. Organizations and individuals engaged in information technology application shall be

responsible for the contents of their digital information in the network environment.

2. Organizations and individuals carrying out business activities in the network environment

shall post in the network environment relevant information, including:

a/ Their names, geographical addresses, telephone numbers and email addresses;

b/ Their establishment decisions, operation licenses or business registration certificates (if any);

c/ Names of provider-managing agencies (if any);

d/ Prices, taxes and freights (if any) of goods or services.

3. Organizations and individuals engaged in information technology development have the

following responsibilities:

a/ To ensure the truthfulness of research and development results;

b/ To guarantee the legitimate rights and interests of owners of databases and not to obstruct the

use of those databases in performing acts of re-producing, distributing, advertising for,

transmitting or supplying contents constituting those databases.

4. When operating in the network environment, state agencies have the following

responsibilities:

a/ To announce on the mass media the activities carried out in the network environment

according to the provisions of Clause 1, Article 27 of this Law;

b/ To notify their contact addresses in the network environment to concerned organizations or

individuals;

c/ To reply according to their competence to documents sent by organizations or individuals via

the network environment;

d/ To supply information in service of public interests as well as administrative procedures in the

network environment;

e/ To use e-signatures according to the provisions of law on e-transactions;

f/ To ensure the reliability and confidentiality of information in sending and receiving documents

in the network environment;

g/ To ensure the accuracy, completeness and timeliness of information and documents which are

exchanged, supplied and commented in the network environment;

h/ Unless in force majeure circumstances, to ensure that the system of equipment for supplying

information or gathering comments in the network environment works both within and beyond

working hours;

i/ To supply information and gather comments via websites in accordance with Article 28 of this

Law.

Article 10.- Information technology inspectorate

1. The Post and Telematics Ministry's Inspectorate shall perform the specialized information

technology inspection.

2. The organization and operation of information technology inspectorates shall comply with the

law on inspection.

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Article 11.- Information technology societies and associations

1. Information technology societies and associations shall protect the legitimate rights and

interests of organizations and individuals engaged in information technology application and

development.

2. Information technology societies and associations will be organized and operate in accordance

with the law on associations.

Article 12.- Prohibited acts

1. Obstructing lawful activities or supporting illegal activities in information technology

application and development; illegally obstructing the operation of the system of national

domain-name servers; destroying the information infrastructure or destroying information in the

network environment.

2. Supplying, exchanging, transmitting, storing or using digital information for the following

purposes:

a/ Opposing the State of the Socialist Republic of Vietnam or undermining the all-people unity

bloc;

b/ Exciting violence, propagating wars of aggression; sowing hatred among nations and peoples,

exciting obscene, depravation, crime, social evils or superstition; undermining the nation's fine

traditions and customs;

c/ Revealing state secrets, military, security, economic, external relation or other secrets provided

for by law;

d/ Distorting, slandering, or offending the prestige of organizations or the honor, dignity or

prestige of citizens;

e/ Advertising for or propagating goods or services banned by law.

3. Infringing upon intellectual property rights in information technology activities; illegally

producing or circulating information technology products; forging websites of other

organizations or individuals; creating illegal links to domain names lawfully used by

organizations or individuals.

Chapter II

INFORMATION TECHNOLOGY APPLICATION

Section 1. GENERAL PROVISIONS ON INFORMATION TECHNOLOGY

APPLICATION

Article 13.- General principles for information technology application

1. Organizations and individuals may carry out information technology application activities

according to the provisions of this Law and other relevant provisions of law.

2. The State encourages the application of information technology to socio-economic, external

relation, defense and security activities; prevention and combat of floods, storms, natural

disasters and other catastrophes; salvage, rescue and other activities.

3. Organizations and individuals conducting telecommunications, broadcasting or television

activities in the network environment shall abide by the provisions of law on telecommunications

and press and the provisions of this Law.

Article 14.- Prioritizing the application of information technology in emergency circumstances

1. Competent state agencies shall decide to mobilize part or whole of the information

infrastructure to prioritize information technology application in one of the following emergency

circumstances:

a/ Serving prevention and combat of floods, storms, fires, natural disasters or other catastrophes;

b/ Serving emergency and prevention and control of epidemics;

c/ Serving salvage and rescue;

d/ Serving defense and security, maintaining social order and safety, and preventing and

controlling crimes.

2. The Government shall specify the prioritized application of information technology in

emergency circumstances.

Article 15.- Management and use of digital information

1. Organizations and individuals may freely use digital information for legitimate purposes in

accordance with the provisions of law.

2. Competent state agencies shall take measures to ensure the convenient access and use of

digital information.

3. The supply, exchange, transmission, storage and use of digital information must not violate the

provisions of Clause 2, Article 12 of this Law and other relevant provisions of law.

4. When digital information owners have warned or the law provides that the quotation of

information is not allowed, organizations or individuals may not quote contents of digital

information of other organizations or individuals.

5. When the quotation of digital information is allowed, organizations and individuals shall

clearly indicate sources of such information.

Article 16.- Transmission of digital information

1. Organizations and individuals may transmit digital information of other organizations and

individuals in accordance with the provisions of this Law.

2. Organizations and individuals that transmit digital information of other organizations and

individuals are not responsible for the contents of information which is stored in an automatic,

intermediary or temporary manner for technical requirements if the temporary storage aims to

serve information transmission and the information is stored in the duration long enough for the

transmission.

3. Organizations and individuals that transmit digital information shall promptly take necessary

measures to stop the illegal access to or illegal deletion of information at the request of

competent state agencies.

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4. Organizations and individuals that transmit digital information of other organizations and

individuals are not responsible for the contents of that information, except when they perform

one of the following acts:

a/ They themselves start the transmission of information;

b/ They select recipients of transmitted information;

c/ They select and modify the contents of transmitted information.

Article 17.- Temporary storage of digital information

1. Organizations and individuals may temporarily store digital information of other organizations

and individuals.

2. Organizations and individuals that temporarily store digital information of other organizations

and individuals are not responsible for the contents of that information, except when they take

one of the following acts:

a/ Modifying the contents of information;

b/ Failing to observe the provisions on accessing or updating information contents;

c/ Illegally collecting data by temporarily storing information;

d/ Disclosing confidential information.

Article 18.- Lease of digital information storage space

1. Lease of digital information storage space means the service of leasing the storage equipment

capacity for information storage in the network environment.

2. The contents of digital information to be stored must not breach the provisions of Clause 2,

Article 12 of this Law.

3. Organizations and individuals that lease space for digital information storage have the

following responsibilities:

a/ To comply with competent state agencies' request to determine lists of owners that hire digital

information storage space for the establishment of their websites and lists of owners of digital

information stored by such organizations or individuals;

b/ To promptly take necessary measures to stop the illegal access to or illegal deletion of digital

information at the request of competent state agencies;

c/ Where they themselves detect, or are informed by competent state agencies that the stored

information is illegal, to cease leasing digital information storage space to other organizations or

individuals;

d/ To ensure confidentiality of information of organizations or individuals that hire information

storage space.

Article 19.- Digital information search tools

1. A digital information search tool means a computer program which receives the request for

digital information search, searches for digital information and sends back the searched digital

information.

2. The State adopts policies to encourage organizations and individuals to develop and supply

digital information search tools.

3. When organizations and individuals themselves detect, or are informed by competent state

agencies that digital information sources are illegal, they shall cease supplying other

organizations and individuals with tools of searching for those information sources.

Article 20.- Monitoring and supervision of digital information contents

1. Competent state agencies shall monitor and supervise digital information; investigate law

violations committed in the course of transmitting or storing digital information.

2. Except when requested by competent state agencies, organizations and individuals engaged in

information technology application are neither responsible for monitoring or supervising digital

information of other organizations and individuals nor for investigating law violations committed

in the course of transmitting or storing digital information of other organizations and individuals.

Article 21.- Collection, processing and use of personal information in the network environment

1. Unless otherwise provided for by law, organizations and individuals that collect, process and

use personal information of other people in the network environment must obtain the consent of

those people.

2. Organizations and individuals that collect, process and use personal information of other

people have the following responsibilities:

a/ To inform those people of the form, scope, place and purpose of collecting, processing and

using their personal information;

b/ To use the collected personal information for proper purposes and store it only for a given

period of time set by law or as agreed upon by the two parties;

c/ To take necessary managerial and technical measures to ensure that personal information shall

not be lost, stolen, disclosed, modified or destroyed;

d/ When requested to re-inspect, correct or cancel information as stipulated in Clause 1, Article

22 of this Law, to immediately take necessary measures; to refrain from supplying or using

relevant personal information until it is corrected.

3. Organizations and individuals may collect, process and use personal information of other

people without the latter's consent when that information is used for the following purposes:

a/ Signing, modifying or performing contracts on the use of information, products or services in

the network environment;

b/ Calculating charges for use of information, products or services in the network environment;

c/ Performing other obligations provided for by law.

Article 22.- Storage and supply of personal information in the network environment

1. Individuals may request organizations or individuals that store their personal information in

the network environment to inspect, correct or cancel such information.

2. Unless otherwise provided for by law or consented by people, organizations or individuals

may not supply those people's personal information to a third party.

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3. Individuals may claim compensations for damage caused by violations in the supply of

personal information.

Article 23.- Establishment of websites

1. Organizations and individuals may establish their websites according to the provisions of law

and shall manage the contents and operation of those websites.

2. Organizations and individuals that use Vietnamese national domain names ending in ".vn" for

establishing their websites need not to inform the Ministry of Post and Telematics thereof.

Organizations and individuals that do not use Vietnamese national domain names ending in ".vn"

for establishing their websites shall inform the Ministry of Post and Telematics in the network

environment of the following information:

a/ Name of the organization written in the establishment decision, operation license, business

registration certificate, or permit for setting up representative office(s); or name of the individual;

b/ Serial number, date and place of issue of the identity card; or serial number, date and place of

issue of passport of the individual;

c/ Address of head office of the organization; or place of permanent residence of the individual;

d/ Telephone and facsimile numbers, email address;

e/ Registered domain names.

3. Organizations and individuals are responsible before law for the accuracy of the information

specified in Clause 2 of this Article and shall notify the change in information, if any.

4. Websites used for press activities must comply with the provisions of this Law, the law on

press and other relevant laws.

5. Websites used for socio-economic, external relation, defense and security activities must

comply with the provisions of this Law and other relevant laws.

Section 2. INFORMATION TECHNOLOGY APPLICATION TO OPERATION OF

STATE AGENCIES

Article 24.- Principles for information technology application to operation of state agencies

1. The application of information technology to operation of state agencies must be prioritized

and ensure publicity and transparency with a view to raising the effectiveness and efficiency of

operation of state agencies and creating conditions for people to well exercise their civil rights

and duties.

2. The application of information technology to operation of state agencies must promote the

program on renewing the operation of state agencies and the administrative reform program.

3. The supply and exchange of information must ensure its accuracy and suitability to use

purposes.

4. Operation processes and procedures must be made public and transparent.

5. Using uniform standards, ensuring technological compatibility in the entire information

system of state agencies.

6. Ensuring security, safety, thrift and efficiency.

7. Heads of state agencies shall be responsible for information technology application under their

management.

Article 25.- Conditions for information technology application to operation of state agencies

1. State agencies shall prepare conditions for the application of information technology to their

operation.

2. The Government shall specify conditions for ensuring the application of information

technology to the operation of state agencies; formulate, and organize the implementation of, the

national program on application of information technology to operation of state agencies with the

following principal contents:

a/ Schedule for carrying out activities in the network environment by state agencies;

b/ Branches or domains having great effects on socio-economic development in which

information technology application needs to be prioritized;

c/ Sharing and joint use of digital information;

d/ Domains in which research and development, international cooperation, human resources

development and information infrastructure construction are prioritized and encouraged to meet

the requirements of application of information technology to operation of state agencies in each

period;

e/ Financial sources for the application of information technology to operation of state agencies;

f/ Key programs, schemes and projects on the application of information technology to operation

of state agencies.

Article 26.- Contents of information technology application to operation of state agencies

1. Building and using the information infrastructure in service of state agencies' operation as well

as information exchange and supply between state agencies and organizations or individuals.

2. Building, collecting and maintaining databases in service of state agencies' operation and

public interests.

3. Setting forms in service of exchanging and supplying information and consulting

organizations and individuals in the network environment.

4. Establishing websites in accordance with Articles 23 and 28 of this Law.

5. Supplying and sharing information to and with other state agencies.

6. Providing public services in the network environment.

7. Working out and realizing plans on training, and raising cadres' and civil servants' awareness

about, and their level of application of, information technology.

8. Carrying out activities in the network environment in accordance with Article 27 of this Law.

Article 27.- State agencies' operation in the network environment

1. State agencies' operation in the network environment covers:

a/ Supplying, exchanging and collecting information to and with organizations and individuals;

b/ Sharing information among themselves and with other state agencies;

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c/ Providing public services;

d/ Other activities provided for by the Government.

2. The time and place of sending and receiving information in the network environment shall

comply with the provisions of law on e-transactions.

Article 28.- Websites of state agencies

1. State agencies' websites must meet the following requirements:

a/ Assuring convenient access by organizations and individuals;

b/ Supporting organizations and individuals to access, and use forms on, websites (if any);

c/ Ensuring the accuracy and uniformity in the contents of information on websites;

d/ Regularly and promptly updating information on websites;

e/ Observing the provisions of law on protection of state secrets.

2. The website of a state agency must have the following principal information:

a/ The organizational structure, functions, tasks and powers of that agency and of each of its

dependent units;

b/ Specialized legal documents and relevant legal documents;

c/ Administrative processes and procedures carried out by dependent units; name of the person

responsible for each step of the administrative processes and procedures; the time limit for

handling the administrative procedures;

d/ Disseminating, popularizing, and guiding the implementation of, specialized laws, regimes,

policies, strategies and plannings;

e/ The official list of email addresses of each dependent unit and of competent cadres and civil

servants;

f/ Investment projects and items, bidding, and procurement of public property;

g/ The list of activities in the network environment carried out by that agency as stipulated in

Clause 1, Article 27 of this Law;

h/ The column for feedback from organizations and individuals.

3. State agencies shall supply free of charge information specified in Clause 2 of this Article.

Section 3. INFORMATION TECHNOLOGY APPLICATION TO COMMERCE

Article 29.- Principles for information technology application to commerce

1. Organizations and individuals may apply information technology to commerce.

2. Commercial activities in the network environment must comply with the provisions of this

Law, commercial law and law on e-transactions.

Article 30.- Websites for goods sale

1. Organizations and individuals may establish their websites for goods sale in accordance with

this Law and other relevant provisions of law.

2. A website for goods sale must satisfy the following principal requirements:

a/ Supplying adequate and accurate information on goods, services, transaction conditions,

dispute settlement and damage compensation procedures;

b/ Supplying consumers with information on safe and convenient modes of payment in the

network environment;

c/ Publicizing cases where consumers may cancel or amend agreements in the network

environment.

3. Organizations and individuals owning websites for goods sale shall be responsible for

information contents posted on their websites, observe the provisions of this Law and other

relevant provisions of law on entry into contracts, goods ordering, payment, advertisement and

sale promotion.

Article 31.- Information supply for entry into contracts in the network environment

1. Unless otherwise agreed by involved parties, organizations and individuals that sell goods

and/or provide services shall supply the following information for the entry into a contract:

a/ Implementation order to be followed for entry into a contract in the network environment;

b/ Technical measures to identify and modify incorrectly loaded information;

c/ Archive of contract dossiers and permission for access to such dossiers.

2. When supplying consumers with information on contractual terms, organizations and

individuals shall guarantee consumers' ability to archive and re-generate such information.

Article 32.- Settlement of consequences of incorrect loading of commercial information in the

network environment

When a purchaser incorrectly loads information and sends it into a website for goods sale while

the information-loading system fails to provide ability to modify the information, the purchaser

may unilaterally terminate the contract if he/she has already applied the following measures:

1. Promptly notifying the seller of the incorrectly loaded information and the seller has already

confirmed the receipt of that notice;

2. Returning the goods he/she has received but not yet used or enjoyed any benefits from the

goods.

Article 33.- Online payment

1. The State encourages organizations and individuals to make online payment in accordance

with law.

2. Conditions, order and procedures for making online payment shall be specified by competent

state agencies.

Section 4. APPLICATION OF INFORMATION TECHNOLOGY TO SEVERAL

SECTORS

Article 34.- Application of information technology to the education and training sector

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1. The State shall adopt policies to encourage the application of information technology to

teaching, learning, enrolling, training and other activities in the education and training sector in

the network environment.

2. Organizations and individuals that conduct education and training activities in the network

environment shall observe the provisions of this Law and education law.

3. Competent state agencies shall formulate and execute programs in support of organizations

and individuals with a view to promoting the application of information technology to education

and training.

4. The Ministry of Education and Training shall specify conditions for education and training

activities, recognize the legal validity of diplomas and certificates in education and training

activities in the network environment, and accredit the quality of education and training in the

network environment.

Article 35.- Application of information technology to the healthcare sector

1. The State shall adopt policies to encourage the application of information technology to the

healthcare sector.

2. Organizations and individuals that conduct healthcare activities in the network environment

shall observe the provisions of this Law, the law on medicine and pharmacy, and other relevant

laws.

3. The Ministry of Health shall specify conditions for carrying out healthcare activities in the

network environment.

Article 36.- Application of information technology to the culture and information sector

1. The State shall adopt policies to encourage the application of information technology to

digitalization of cultural products, archive of and advertisement for digitalized cultural products,

and other activities in the cultural sector.

2. Organizations and individuals that carry out cultural or press activities in the network

environment shall observe the provisions of this Law and the laws on press and culture and

information.

3. Organizations and individuals that are entitled to state funding supports for the digitalization

of cultural products of conservation value shall observe the Government's regulations on

conditions for the digitalization of cultural products of conservation value.

4. The Government shall provide for the management of entertainment activities in the network

environment in order to meet the following requirements:

a/ Entertainment contents must be healthy and have educational and cultural values, and must not

run counter to the nation's fine traditions and customs;

b/ Responsibilities and interests of participants in entertainment activities in the network

environment must be associated with common interests of the society and community;

c/ Technical safety and service quality must be guaranteed;

d/ Political security and social order and safety must be maintained, crimes arising from these

activities must be prevented.

Article 37.- Application of information technology to defense, security and several other sectors

The application of information technology to defense, security and several other sectors shall

comply with the Government's regulations.

Chapter III

INFORMATION TECHNOLOGY DEVELOPMENT

Section 1. INFORMATION TECHNOLOGY RESEARCH AND DEVELOPMENT

Article 38.- Promotion of information technology research and development

1. The State encourages organizations and individuals to research into and develop technologies

and information technology products for socio-economic development, defense and security

maintenance, and improvement of people's material and spiritual life.

2. Organizations and individuals engaged in research and development of technologies and

information technology products for socio-economic management and technological renewal are

entitled to tax, credit and other preferences under the provisions of law.

3. The State creates conditions for organizations and individuals engaged in scientific and

technological activities to transfer results of research into, and development of, technologies and

information technology products for wide application to production and life.

Article 39.- Material and technical foundations in service of information technology research

and development activities

The State shall mobilize capital sources for investment in the construction of material and

technical foundations of information technology research and development organizations;

encourage organizations and individuals to invest in the construction of material and technical

foundations in service of information technology research and development; invest in a number

of international-standard key information technology laboratories; and promulgate a regulation

on the use of key information technology laboratories.

Article 40.- Research into, and development of, technologies and information technology

products

1. The State encourages organizations and individuals to participate in research into, and

development of, technologies and information technology products.

2. The State shall set aside part of the state budget for software research and development

programs and subjects; prioritize the information technology research and development activities

in universities and research institutes; and develop information technology-related models which

associate research and training with production.

3. Agencies in charge of state management of information technology shall assume the prime

responsibility for, and coordinate with agencies in charge of state management of science and

technology in, selecting research and training establishments and enterprises to conduct research

into, and development of, key information technology products.

Article 41.- Standardization and quality control in information technology application and

development activities

1. The management of standards and quality of information technology products and services

shall comply with the law on standardization and quality control.

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2. To encourage organizations and individuals to produce and provide information technology

products and services, publicize institution standards, ensuring their products' and services'

conformity with publicized standards.

3. The quality of information technology products and services shall be managed in the

following forms:

a/ Certification of the conformity with standards and technical regulations;

b/ Publicization of the conformity with standards and technical regulations;

c/ Quality assessment.

4. The Ministry of Post and Telematics shall publicize information technology products and

services subject to the application of national or international standards; promulgate, and

publicize the application of, technical regulations; specify the management of the quality of

information technology products and services; set criteria for domestic and foreign testing

agencies in service of management of the quality of information technology products and

services and announce competent information technology-testing agencies.

5. The mutual recognition of assessment of information technology products' conformity with

standards between the Socialist Republic of Vietnam and foreign countries or international

organizations shall comply with treaties to which the Socialist Republic of Vietnam is a

contracting party.

Section 2. DEVELOPMENT OF INFORMATION TECHNOLOGY HUMAN

RESOURCES

Article 42.- Policies on development of information technology human resources

1. The State shall adopt policies to expand the scale and raise the quality of training of

information technology human resources.

2. The State's priority and key programs and projects on information technology application and

development must have contents on training of information technology human resources.

3. Organizations and individuals are encouraged to set up information technology human

resource-training establishments in accordance with law.

4. Training establishments are entitled to preferences in information technology-related training

activities like those applicable to software production enterprises.

5. The State shall adopt policies to support teachers, students and pupils in the national education

system in accessing the Internet at educational establishments.

Article 43.- Information technology certificates

The Ministry of Post and Telematics shall assume the prime responsibility for, and coordinate

with the Ministry of Education and Training and the Ministry of Labor, War Invalids and Social

Affairs in, specifying the conditions for information technology-related training activities,

granting information technology certificates, and recognizing foreign organizations' information

technology certificates used in Vietnam.

Article 44.- Employment of information technology human resources

1. People specialized in information technology application and development in state agencies

are entitled to preferential working conditions.

2. Information technology-related professional criteria and titles shall be promulgated by

competent state agencies.

Article 45.- Vietnamese guest workers

1. The State encourages organizations and individuals to seek and expand labor markets with a

view to creating overseas jobs for Vietnamese laborers to take part in information technology-

related activities according to the provisions of Vietnamese law, laws of host countries and

treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The State shall adopt preferential policies for foreign organizations and individuals as well as

overseas Vietnamese to recruit domestic laborers for the development, production and

outsourcing of information technology products.

Article 46.- Universalization of information technology knowledge

1. The State shall adopt policies to encourage the universalization of information technology

knowledge nationwide.

2. Provincial/municipal People's Committees shall organize and carry out activities of

universalizing information technology knowledge for organizations and individuals in their

respective localities.

3. The Ministry of Education and Training shall formulate, and organize the execution of,

programs on the universalization of information technology knowledge in the national education

system.

4. The State shall adopt policies to support the learning and universalization of information

technology knowledge for disabled people, poor people, ethnic minority people and other policy

beneficiaries, suitable to development requirements in each period under the Government's

regulations.

Section 3. DEVELOPMENT OF INFORMATION TECHNOLOGY INDUSTRY

Article 47.- Types of information technology industry

1. Hardware industry means an industry of producing hardware products, including accessories,

components and digital equipment.

2. Software industry means an industry of producing software products, including system

software, applied software, control software, automation and other similar products; providing

installation and maintenance solutions and use instructions.

3. Content industry means an industry of producing digital information products, including

socio-economic information, science-education information, culture-entertainment information

in the network environment, and other similar products.

Article 48.- Policies on development of information technology industry

1. The State shall adopt preferential and priority policies on investment in the development of

information technology industry, paying special attention to software industry and content

industry, in order to make it a key economic sector in the national economy.

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2. The State encourages investors to make venture investment in the information technology

industry, development investment, and supply of low-price digital equipment.

3. The Government shall specify preference and priority levels and other conditions for

development of the information technology industry.

Article 49.- Development of information technology industry market

Competent state agencies shall promulgate regulations on, and organize activities of

development of the information technology industry market, including:

1. Promoting information technology application; prioritizing the use of state budget capital for

the procurement and use of home-made information technology products;

2. Promoting trade, organizing domestic exhibitions and trade fairs, supporting enterprises to

participate in international exhibitions and trade fairs, advertising for and marketing the image of

Vietnam's information technology industry in the world;

3. Methods of valuating software in service of the management of information technology

application and development projects.

Article 50.- Key information technology products

1. Key information technology products are information technology products satisfying one of

the following requirements:

a/ The domestic market has a great demand for them and they can generate a high added value;

b/ Being exportable;

c/ Having positive impacts on technological renewal and having economic efficiency for other

economic sectors;

d/ Meeting defense and security requirements.

2. The Ministry of Post and Telematics shall publicize lists, and formulate programs on

development of, key information technology products in each period suitable to the planning on

information technology industry development.

3. Information technology products on the lists of key information technology products specified

in Clause 2 of this Article are prioritized by the State for investment in research, development

and production.

4. Organizations and individuals engaged in research, development and production of key

information technology products are entitled to preferences under the Government's regulations,

to the state investment priority and part of the copyright royalties for key information technology

products invested by the State.

5. Organizations and individuals engaged in research into, development and production of, key

information technology products invested by the State shall satisfy conditions set by competent

state agencies; neither hand over nor transfer technologies or solutions to development of key

information technology products invested by the State without the consent of competent state

agencies; submit to inspection and control by, and observe the reporting regime of, competent

state agencies with regard to research into, development, production and trade promotion of key

information technology products.

Article 51.- Information technology parks

1. Information technology parks are hi-tech parks or combined information technology-related

research, development, production, business and training establishments. Organizations and

individuals investing and operating in information technology parks are entitled to state

preferential policies applicable to hi-tech parks.

2. To encourage domestic and foreign organizations and individuals to invest in and build

information technology parks under the Government's planning.

Section 4. DEVELOPMENT OF INFORMATION TECHNOLOGY SERVICES

Article 52.- Types of information technology service

1. Investigation, survey and probing of the information technology market.

2. Consultancy, analysis, planning, classification and design in the information technology

sector.

3. System integration, trial run, application management services, updating and confidentiality.

4. Design, storage and maintenance of websites.

5. Warranty, maintenance, and assurance of network and information safety.

6. Data updating, search, storage and processing, and database exploitation.

7. Distribution of information technology products.

8. Information technology-related training.

9. Certification of e-signatures.

10. Other services.

Article 53.- Policies on development of information technology services

1. The State shall adopt policies to encourage the development of information technology

services.

2. The Government shall specify preferential regimes and other conditions for several types of

information technology service.

Chapter IV

MEASURES TO ENSURE INFORMATION TECHNOLOGY APPLICATION AND

DEVELOPMENT

Section 1. INFORMATION INFRASTRUCTURE IN SERVICE OF INFORMATION

TECHNOLOGY APPLICATION AND DEVELOPMENT

Article 54.- Principles for information infrastructure development

1. Information infrastructure must be developed to ensure the quality and diversification of

services with a view to meeting the requirements of information technology application and

development.

2. Competent state agencies shall guarantee the development of information infrastructure to

satisfy socio-economic development requirements; create conditions for all economic sectors to

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use the information infrastructure in an environment of fair, equitable and transparent

competition; and take comprehensive measures to prevent acts of abusing the information

infrastructure to commit violations defined in Article 12 of this Law.

Article 55.- Ensuring information infrastructure in service of information technology application

and development

1. The State shall adopt policies to develop the national information infrastructure in a wide

range, with a large capacity, high speed and quality and competitive charges compared to those

in regional countries; encourages organizations and individuals to jointly invest in and use the

information infrastructure.

2. Public Internet access points shall be installed at post offices, communal post-culture points,

railway stations, car terminals, seaports, airports, border gates, residential areas, hospitals,

schools, department stores, and cultural and sport centers to meet organizations' and individuals'

demands.

Article 56.- Information infrastructure in service of state agencies

1. The information infrastructure in service of state agencies from the central to local level shall

be uniformly built and managed under the Government's regulations.

2. Funds for investment in, construction, exploitation and maintenance of the information

infrastructure in service of state agencies come from the state budget and other sources.

Article 57.- Public-service information infrastructure

1. The State shall adopt policies of prioritizing the allocation of investment capital and applying

financial support mechanisms for the construction and use of public-service information

infrastructure and the narrowing of digital gap.

2. Agencies in charge of state management of information technology at all levels shall organize

the execution of programs and projects on narrowing the digital gap, including:

a/ Installation of computers and Internet access points at schools and public places nationwide;

b/ Development of a contingent of computer use and Internet access instructors;

c/ Narrowing of digital gap between areas and regions.

Article 58.- National databases

1. A national database is a collection of information on one or several socio-economic domains,

which is established, updated and maintained to meet the information access and use

requirements of all economic sectors and serve public interests.

2. Unless otherwise provided for by law, organizations and individuals may access and use

information in national databases.

3. The State shall provide part or whole of funds for the establishment and maintenance of the

national databases.

4. The Government shall specify the list of national databases; establish, update and maintain the

national databases; and promulgate a regulation on exploitation and use of the national databases.

Article 59.- Databases of ministries, branches and localities

1. The database of a ministry, branch or locality is a collection of information, which is

established, updated and maintained to meet information access and use requirements of that

ministry, branch or locality and serve public interests.

2. Unless otherwise provided for by law, organizations and individuals may access and use

information in databases of ministries, branches or localities.

3. The State shall provide part or whole of funds for the establishment and maintenance of

databases of ministries, branches and localities.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial/municipal

People's Committees shall specify lists of databases; establish, update and maintain databases;

and promulgate regulations on exploitation and use of databases of their ministries, branches and

localities.

Article 60.- Protection of information infrastructure

1. The national information infrastructure must be protected. People's Committees of all levels,

people's armed forces, organizations and individuals that manage or exploit the information

infrastructure shall coordinate with one another in protecting the safety of the national

information infrastructure.

2. Organizations and individuals shall guarantee the safety of the information infrastructure

under their management; submit to the management, inspection and examination by competent

state agencies and meet those agencies' requirements on ensuring information infrastructure

safety and information security.

3. When requested, organizations and individuals that manage and exploit the information

infrastructure shall create necessary working, technical and professional conditions for

competent state agencies to control and ensure the information security.

Section 2. INVESTMENT IN INFORMATION TECHNOLOGY

Article 61.- Investment in information technology by organizations and individuals

1. The State encourages organizations and individuals to invest in application of information

technology to socio-economic management and technological renewal and to raising of products'

competitiveness.

2. The State encourages and protects the legitimate rights and interests of domestic organizations

and individuals, overseas Vietnamese, and foreign organizations and individuals that invest in

information technology.

3. Enterprises' investments in information technology application and development and expenses

below shall be excluded from taxable incomes under the Law on Enterprise Income Tax:

a/ Expenses for establishing schools or providing courses for information technology training in

enterprises;

b/ Expenses for sending trainees to learn new technologies in service of information technology

application and development demands of enterprises.

Article 62.- State investment in information technology

1. Investment in information technology is development investment.

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2. The State shall prioritize the budget allocation for information technology, ensuring that the

annual increase rate of budget expenditure on information technology shall be higher than the

increase rate of state budget expenditure. Budget reserved for information technology must be

managed and efficiently used.

3. The Government shall promulgate an investment management regulation applicable to

information technology application projects funded with investment capital originating from the

state budget.

4. The State Budget Index must have separate expenditures on information technology.

Article 63.- Investment in information technology application and development

1. The state budget expenditure on information technology application and development shall be

used for the following purposes:

a/ Universalizing the information technology application and efficiently supporting information

technology application projects;

b/ Developing digital information sources;

c/ Establishing national databases and databases of ministries, branches and localities;

d/ Building the information infrastructure in service of the public and state agencies;

e/ Surveying, researching into, formulating, testing and applying scientific and technical

advances in information technology; formulating mechanisms, policies, strategies, plannings,

plans, standards, technical regulations, econo-technical norms, and models of information

technology application and development;

f/ Developing information technology human resources;

g/ Propagating, popularizing and educating law on information technology; providing

professional and management training on information technology;

h/ Presenting information technology awards;

i/ Carrying out other activities for information technology application and development.

2. The Ministry of Post and Telematics shall synthesize annual estimates of expenditures of

ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run

cities on information technology application and development as stipulated in Clause 1 of this

Article and send them to the Government for submission to the National Assembly.

Article 64.- Information technology investment and development in service of agriculture and

rural areas

1. To attract all resources for investment in building the information infrastructure and accelerate

the modernization in rural, mountainous and island areas.

2. To create favorable conditions for people in deep-lying or remote areas, regions inhabited by

ethnic minority people, areas meeting with socio-economic difficulties or exceptional socio-

economic difficulties to apply information technology to their production and life.

3. Organizations and individuals engaged in information technology application and

development in deep-lying or remote areas, regions inhabited by ethnic minority people, areas

meeting with socio-economic difficulties or exceptional socio-economic difficulties are entitled

to investment, financial and other preferences in accordance with law.

4. The information technology application and provision of information technology services to

agricultural, forestry and fishery extension as well as offshore fishing shall be partly funded by

the State.

Section 3. INTERNATIONAL COOPERATION ON INFORMATION TECHNOLOGY

Article 65.- Principles for international cooperation on information technology

Vietnamese organizations and individuals shall cooperate on information technology with

foreign organizations and individuals and international organizations on the principles of respect

for the national independence and sovereignty, non-interference in each other's internal affairs,

equality and mutual benefits.

Article 66.- Contents of international cooperation on information technology

1. Analyzing the international information technology trend, the scale and perspective of

developing foreign markets; and formulating strategies on development of overseas information

technology markets.

2. Popularizing information on information technology application and development orientations

and policies of Vietnam and other countries in the world.

3. Formulating mechanisms and policies to step up cooperation between Vietnamese

organizations or individuals and foreign organizations or individuals as well as international

organizations operating in the information technology domain.

4. Executing international cooperation programs and projects on information technology.

5. Developing overseas information technology markets, introducing Vietnamese information

technology products at international exhibitions and approaching potential customers.

6. Holding international workshops, conferences and forums on information technology.

7. Concluding, acceding to and implementing bilateral and multilateral treaties, and joining

regional and international information technology organizations.

8. Receiving foreign technologies transferred into Vietnam.

Section 4. PROTECTION OF LEGITIMATE RIGHTS AND INTERESTS OF, AND

ASSISTANCE FOR, USERS OF INFORMATION TECHNOLOGY PRODUCTS AND

SERVICES

Article 67.- Responsibility to protect legitimate rights and interests of users of information

technology products and services

The State and society shall take measures to prevent and combat acts infringing upon the

legitimate rights and interests of users of information technology products and services. The

legitimate rights and interests of users of information technology products and services shall be

protected in accordance with law.

Article 68.- Protection of Vietnamese national domain names ending in ".vn"

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1. Vietnamese national domain names ending in ".vn" and their lower-level domain names

constitute part of national information resources, which are of the same utility and must be

managed, exploited and used for proper purposes and with efficiency.

The State encourages organizations and individuals to register and use Vietnamese national

domain names ending in ".vn". Registered domain names must be serious to avoid confusion or

distortion caused by polysyllabic or polysemantic words or when being used without Vietnamese

language accents.

2. Vietnamese national domain names ending in ".vn" reserved for Party organizations and state

agencies must be protected and not be infringed upon.

3. Organizations and individuals that register to use Vietnamese national domain names ending

in ".vn" shall be responsible before law for their use purposes and the accuracy of registered

information and ensure that the registration and use of Vietnamese national domain names

ending in ".vn" do not infringe upon the legitimate rights and interests of other organizations or

individuals, which are available before the date of registration.

4. The Ministry of Post and Telematics shall specify the registration, management and use of,

and settle disputes over, Vietnamese national domain names ending in ".vn".

Article 69.- Protection of intellectual property rights in the information technology domain

The protection of intellectual property rights in the information technology domain shall comply

with the law on intellectual property and the following regulations:

1. Organizations and individuals that transmit information in the network environment may make

a temporary copy of a protected work according to the technical requirements of information

transmission and that temporary copy shall be stored in a period of time which is long enough for

information transmission;

2. Lawful users of protected software may reproduce that software for standby storage and

replacement of the damaged software without asking for permission or paying copyright

royalties.

Article 70.- Prevention of spam

1. When sending information in the network environment, organizations and individuals may not

hide their names or impersonate other organizations or individuals.

2. Organizations and individuals that send advertisement information in the network environment

shall assure consumers' ability to reject the advertisement information.

3. Organizations and individuals may not continue sending advertisement information in the

network environment to consumers if the latter notify their refusal to receive the advertisement

information.

Article 71.- Prevention of computer virus and harmful software

Organizations and individuals may not create, install or spread computer viruses or harmful

software into digital equipment of other people in order to perform one of the following acts:

1. Changing installation parameters of digital equipment;

2. Collecting other people's information;

3. Deleting or deactivating the information safety and security-ensuring software installed in

digital equipment;

4. Preventing users from deleting or limiting the use of unnecessary software;

5. Usurping the right to monitor digital equipment;

6. Modifying or deleting information stored in digital equipment;

7. Other acts infringing upon users' legitimate rights and interests.

Article 72.- Assurance of information safety and confidentiality

1. Organizations' and individuals' lawful personal information which is exchanged, transmitted or

stored in the network environment shall be kept confidential in accordance with law.

2. Organizations and individuals may not perform any of the following acts:

a/ Hacking into, modifying or deleting information of other organizations or individuals in the

network environment;

b/ Obstructing the provision of services by the information system;

c/ Preventing the access to information of other organizations or individuals in the network

environment, unless it is so permitted by law;

d/ Cracking, stealing or using passwords, codes or information of other organizations or

individuals in the network environment;

e/ Other acts of causing unsafety to, or disclosing confidentiality of, other organizations' or

individuals' information which is exchanged, transmitted or stored in the network environment.

Article 73.- Responsibility to protect children

1. The State, society and schools have the following responsibilities:

a/ To protect children against negative impacts of information in the network environment;

b/ To take measures to prevent and combat information technology applications with violence-

inciting or obscene contents.

2. Families shall prevent children from accessing harmful information.

3. Competent state agencies shall take the following measures to prevent children from accessing

harmful information in the network environment:

a/ Building, and disseminating the use of, content filter;

b/ Creating and disseminating tools to prevent children from accessing information harmful to

them;

c/ Guiding the establishment and management of websites exclusively for children with a view to

promoting the establishment of websites with information contents suitable and not harmful to

children; raising the capability to manage information contents in the network environment,

which are suitable and not harmful to children.

4. Service providers shall take measures to prevent children from accessing harmful information

in the network environment.

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5. Information technology products and services with contents harmful to children must bear

warning signs.

Article 74.- Supporting disabled people

1. The State shall encourage and create favorable conditions for disabled people to participate in

information technology application and development activities and develop their working

capacity through information technology application and development; adopt preferential

policies for them to participate in information technology-related education and training

programs.

2. National information technology development strategies, plans and policies must cover

contents on supporting and guaranteeing disabled people's integration into the community.

3. The State shall adopt tax, credit and other preferential policies for the following activities:

a/ Research into and development of tools and applications aiming to raise disabled people's

capability to access and use sources of information and knowledge by using computers and

information infrastructure;

b/ Production and supply of technologies and information technology equipment, services and

applications, as well as digital information contents to meet specific demands of disabled people.

Chapter V

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 75.- Settlement of disputes over information technology

1. Disputes over information technology are those arising in information technology application

and development activities.

2. Disputing parties are encouraged to settle their disputes over information technology through

conciliation; when parties fail to conciliate, their disputes shall be settled in accordance with law.

Article 76.- Modes of settling disputes over registration and use of Vietnamese national domain

names ending in ".vn"

Disputes over the registration and use of Vietnamese national domain names ending in ".vn"

shall be settled in the following modes:

1. Negotiation or conciliation;

2. Arbitration;

3. Initiation of lawsuits at court.

Article 77.- Handling of violations of law on information technology

1. Individuals that commit violations of law on information technology shall, depending on the

nature and severity of their violations, be disciplined, administratively sanctioned or examined

for penal liability; if causing damage, they shall pay compensations therefor in accordance with

law.

2. Organizations which commit violations of law on information technology shall, depending on

the nature and severity of their violations, shall be administratively sanctioned or suspended from

operation; if causing damage, they shall pay compensations therefor in accordance with law.