Consolidation document 10/VBHN-VPQH 2017 on consolidation of the Law on Information Technology issued by the Office of the National Assembly

| Updated: 21/09/2022
Where issued:Congress officeMerge date:12/12/2017
Date issued:12/12/2017Status:Still validated

CONGRESS OFFICE
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SOCIAL REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Number: 10/VBHN-VPQH

Hanoi, date 12 month 12 year 2017

THE LAW

INFORMATION TECHNOLOGY

Law on Information Technology No. 67/2006/QH11 dated June 29, 6 of the National Assembly, effective from January 2006, 01, as amended and supplemented by:

Planning Law No. 21/2017/QH14 dated November 24, 11 of the National Assembly, effective from January 2017, 01.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented according to Resolution No. 51/2001/QH10 of December 25, 12 of the Xth National Assembly, 2001th session.

This Law provides for information technology

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for information technology application and development activities, measures to ensure information technology application and development, rights and obligations of agencies, organizations and individuals (hereinafter referred to collectively are organizations, individuals) participating in information technology application and development activities.

Article 2. Subject 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 Law on Information Technology

1. In case there is a difference between the provisions of the Law on Information Technology and the provisions of other laws on the same issue related to information technology application and development activities, the provisions of the Public Law shall apply. information technology.

2. Where an international treaty to which the Socialist Republic of Vietnam is a member contains provisions different from those of this Law, the provisions of such international treaty shall prevail.

Article 4. Explain words

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

1. Information technology is a collection of scientific methods, technology and modern technical tools for the production, transmission, collection, processing, storage and exchange of digital information.

2. Digital information is information created by using digital signals.

3. Network environment is the environment in which information is provided, transmitted, collected, processed, stored and exchanged through information infrastructure.

4. Information infrastructure means a system of equipment serving the production, transmission, collection, processing, storage and exchange of digital information, including telecommunications networks, the Internet, and computer networks. computer and database.

5. Information technology application is the use of information technology in activities in the fields of socio-economic, foreign affairs, national defense and security and other activities in order to improve productivity and quality. , the effectiveness of these operations.

6. Information technology development is a research and development activity related to the process of producing, transmitting, collecting, processing, storing and exchanging digital information; developing information technology human resources; development of information technology industry and development of information technology services.

7. Digital gap is the difference in conditions, the ability to use computers and information infrastructure to access information and knowledge sources.

8. Venture capital investment in the field of information technology is an investment in an enterprise operating in that field with the prospect of large profits but high risks.

9. Information technology industry is a high-tech economic - technical branch that manufactures and supplies information technology products, including hardware products, software and digital information content.

10. Hardware is a complete digital device product; component assemblies; accessory; parts of digital equipment, assemblies and components.

11. Digital equipment means electronic, computer, telecommunications, transmission, transceiver and other integrated equipment used for production, transmission, collection, processing and storage. and exchange of digital information.

12. Software is a computer program described by a system of symbols, codes or languages ​​to control digital devices to perform certain functions.

13. Source code is a pre-compiled product of a piece of software that has not yet been able to control digital devices.

14. Machine code is the post-compiled product of a piece of software, capable of controlling digital devices.

15. Spam is an email or text message sent to a recipient that he or she does not want or has no responsibility to receive as prescribed by law.

16. A computer virus is a computer program capable of spreading, causing abnormal operation of digital devices or copying, modifying or deleting information stored in digital devices.

17. Electronic information page (Website) is an information page or a collection of information pages in the network environment in service of information provision and exchange.

18. Digitization is the transformation of information types into digital information.

Article 5. State policies on information technology application and development

1. Prioritize the application and development of information technology in the socio-economic development strategy and the cause of industrialization and modernization of the country.

2. Creating conditions for organizations and individuals to apply and develop information technology to meet the requirements of socio-economic development, foreign affairs, national defense and security; promoting the information technology industry to develop into a key economic sector, meeting the needs of domestic and export markets.

3. To encourage investment in the field of information technology.

4. Prioritize spending a state budget for the application of information technology in a number of essential fields, creating the information technology industry and developing information technology human resources.

5. Create favorable conditions for the development of national information infrastructure.

6. To adopt preferential policies for organizations and individuals to apply and develop information technology for agriculture; rural, deep-lying, remote, border and island areas; ethnic minorities, people with disabilities, and people in difficult circumstances.

7. Ensuring the lawful rights and interests of organizations and individuals applying and developing information technology.

8. Strengthening international exchanges and cooperation; encourage cooperation with overseas Vietnamese organizations and individuals in the field of information technology.

Article 6. Contents of state management of information technology

1. Formulate and organize the implementation of strategies, master plans, plans and policies on information technology application and development.

2. Formulating, promulgating, propagating, disseminating and organizing the implementation of legal documents, national standards and technical regulations in the field of information technology.

3. Management of information safety and security in information technology application activities.

4. Organize the management and use of information resources and national databases.

5. Manage and facilitate international cooperation in information technology.

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

7. Develop mechanisms, policies and regulations related to public products and services in the field of information technology.

8. Formulate mechanisms, policies and regulations on the mobilization of information technology resources in service of national defense and security and emergency cases specified in Article 14 of this Law.

9. Statistical management of information technology.

10. Inspect, examine, settle complaints and denunciations and handle violations in the field of information technology.

Article 7. Responsibilities for state management of information technology

1. The Government performs the unified state management of information technology.

2. The Ministry of Post and Telematics shall take responsibility before the Government for presiding over and coordinating with relevant ministries and ministerial-level agencies in performing the state management of information technology.

3. Ministries and ministerial-level agencies shall, within the scope of their 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 as assigned by the Government. .

4. The People's Committees of the provinces and centrally-run cities shall, within the ambit of their tasks and powers, perform the state management of information technology in their localities.

5. The organization and implementation of information technology application in the operations of state agencies shall be prescribed by the Government.

Article 8. Rights of organizations and individuals to participate in information technology application and development activities

1. Organizations and individuals participating in information technology application activities have the following rights:

a) Search, exchange and use information on the network environment, except for information with the content specified in Clause 2, Article 12 of this Law;

b) Request for his/her information to be restored or to restore access to his/her information source in case the information content does not violate the provisions of Clause 2, Article 12 of this Law;

c) Request the competent state agency to settle according to the provisions of law in case of refusal to restore information or restore access to such information source;

d) Distributing the contacts available on the network with the consent of the owner of the contact;

dd) Refuse to provide or receive on the network environment products and services contrary to the provisions of law and must take responsibility for that.

2. Organizations and individuals participating in information technology development have the following rights:

a) Research and develop information technology products;

b) Manufacture of information technology products; digitize, maintain and increase the value of information resources.

3. State agencies have the right to refuse to receive information on the network environment if the reliability and confidentiality of such information transmitted through the network environment is not guaranteed.

Article 9. Responsibilities of organizations and individuals participating in information technology application and development activities

1. Organizations and individuals participating in information technology application activities must take responsibility for their digital information content in the network environment.

2. Organizations and individuals, when doing business in the network environment, must publicly announce on the network environment relevant information, including:

a) Name, geographical address, phone number, email address;

b) Information on the establishment decision, operation license or business registration certificate (if any);

c) Name of supplier management agency (if any);

d) Information on prices, taxes, and transportation costs (if any) of goods or services.

3. Organizations and individuals participating in information technology development have the following responsibilities:

a) Ensuring the truthfulness of research and development results;

b) Ensure the legitimate rights and interests of the database owner and do not obstruct the use of such database when reproducing, distributing, promoting, transmitting, provide the contents of that database.

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

a) Announce on the mass media about activities carried out in the network environment as prescribed in Clause 1, Article 27 of this Law;

b) Notify relevant organizations and individuals of their contact addresses in the network environment;

c) Answer according to their competence documents sent by organizations and individuals to state agencies through the network environment;

d) Providing on the network environment information serving public interests and administrative procedures;

dd) Use electronic signatures in accordance with the law on electronic transactions;

e) Ensuring the reliability and confidentiality of information content in sending and receiving documents in the network environment;

g) Ensure the accuracy, completeness and timeliness of information and documents exchanged, provided and consulted in the network environment;

h) Ensure that the system of equipment for providing information and collecting opinions on the network environment operates both during working hours and outside working hours, except for force majeure cases;

i) Providing information and collecting opinions via the website must comply with the provisions of Article 28 of this Law.

Article 10. Information technology inspection

1. The Inspector of the Ministry of Post and Telematics shall perform the function of specialized inspection of information technology.

2. The organization and operation of information technology inspectors shall comply with the law on inspection.

Article 11. Information technology associations and associations

1. Information technology associations and associations are responsible for protecting the lawful rights and interests of organizations and individuals participating in information technology application and development activities.

2. Information technology associations and associations are 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 national domain name server system; sabotage information infrastructure, destroy information in the network environment.

2. Providing, exchanging, transmitting, storing and using digital information for the following purposes:

a) Against the State of the Socialist Republic of Vietnam, undermining the unity of the entire people;

b) Inciting violence, propagating wars of aggression, causing hatred between nations and peoples of different countries, inciting lewdness, debauchery, crimes, social evils, superstition and sabotage fine customs and traditions of the nation;

c) Disclosing state secrets, military secrets, security, economic, foreign affairs and other secrets prescribed by law;

d) Distorting, slandering, insulting the reputation of organizations, honor, dignity and reputation of citizens;

d) Advertise and propagate goods and services on the banned list as prescribed by law.

3. Infringing upon intellectual property rights in information technology activities; illegal production and circulation of information technology products; forging websites of other organizations or individuals; creating unauthorized links to the domain names of organizations or individuals that legally use that domain name.

Chapter II

INFORMATION TECHNOLOGY APPLICATIONS

Section 1. GENERAL PROVISIONS ON INFORMATION TECHNOLOGY APPLICATION

Article 13. General principles of information technology application activities

1. Organizations and individuals have the right to conduct information technology application activities in accordance with this Law and other relevant laws.

2. The application of information technology to activities in the fields of socio-economic, foreign affairs, national defense and security; activities of preventing and combating floods, storms, natural disasters and other disasters, rescue and rescue and other activities encouraged by the State.

3. Organizations and individuals conducting telecommunications activities, radio and television activities in the network environment must comply with the provisions of the law on telecommunications and press and the provisions of this Law.

Article 14. Prioritizing the application of information technology in emergencies

1. Competent state agencies shall decide to mobilize part or all of the information infrastructure to give priority to the application of information technology when there is one of the following emergencies:

a) Serving the prevention and combat of floods, storms, fires, natural disasters and other disasters;

b) Providing emergency services and disease prevention and control;

c) Serving rescue and rescue;

d) Serving national defense and security, ensuring social order and safety, and preventing and fighting crime.

2. The Government shall specify the priority of information technology application in emergency cases.

Article 15. Management and use of digital information

1. Organizations and individuals have the right to freely use digital information for legitimate purposes and in accordance with law.

2. Competent state agencies are responsible for taking measures to ensure convenient access and use of digital information.

3. The provision, exchange, transmission, storage and use of digital information must ensure that it does not violate the provisions of Clause 2, Article 12 of this Law and other relevant provisions of law.

4. Organizations and individuals are not allowed to quote the digital information content of other organizations or individuals in case the digital information owner has warned or the law stipulates that quoting information is not allowed. .

5. Where it is allowed to cite digital information, organizations and individuals are responsible for clearly stating the source of such information.

Article 16. Digital information transmission

1. Organizations and individuals have the right to 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 or individuals are not responsible for the content of information stored automatically, intermediately or temporarily due to technical requirements if archiving operations are performed. temporary for the purpose of transmitting the information and the information is stored for a period sufficient to effect the transmission.

3. Organizations and individuals transmitting digital information are responsible for promptly taking necessary measures to prevent illegal access to or removal of information at the request of competent state agencies. permission.

4. Organizations and individuals that transmit digital information of other organizations or individuals are not responsible for the content of such information, unless they perform one of the following acts:

a) I personally initiate the transmission of information;

b) Select recipients of transmitted information;

c) Select and modify the content of information to be transmitted.

Article 17. Temporary storage of digital information

1. Organizations and individuals have the right to temporarily store digital information of other organizations and individuals.

2. Organizations and individuals that temporarily store digital information of other organizations or individuals are not responsible for the content of such information, unless they perform one of the following acts:

a) Modify information content;

b) Failure to comply with regulations on accessing or updating information content;

c) Illegal data collection through temporary information storage;

d) Disclosing confidential information.

Article 18. Lease of space to store digital information

1. Digital information storage space rental is a service of renting storage device capacity to store information in the network environment.

2. Contents of stored digital information must not violate the provisions of Clause 2, Article 12 of this Law.

3. Organizations and individuals that lease digital information storage space have the following responsibilities:

a) Comply with the request of a competent state agency to determine the list of owners renting space to store digital information to set up a website and the list of owners of digital information to be stored. by that organization or individual;

b) To promptly take necessary measures to prevent illegal access to digital information or remove illegal digital information at the request of a competent state agency;

c) Stop renting a place to store digital information to other organizations or individuals in case they themselves discover or are notified by a competent state agency that the information being stored is illegal;

d) Ensuring confidentiality of information of organizations and individuals renting information storage space.

Article 19. Digital information search engine

1. Digital information search engine is a computer program that receives a request to search for digital information, performs the search for digital information and sends back the searched digital information.

2. The State adopts policies to encourage organizations and individuals to develop and provide digital information search tools.

3. Organizations and individuals have the responsibility to stop providing other organizations and individuals with search tools to digital information sources in case they discover it themselves or are notified by competent state agencies. such information is illegal.

Article 20. Monitoring and supervision of digital information content

1. Competent state agencies are responsible for monitoring and supervising digital information; investigate illegal acts occurring during transmission or storage of digital information.

2. Organizations and individuals participating in information technology application are not responsible for monitoring and supervising digital information of other organizations and individuals, investigating law violations occurring during the process. transmit or store digital information of other organizations and individuals, unless requested by competent state agencies.

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

1. Organizations and individuals that collect, process and use personal information of others in the network environment must obtain their consent, unless otherwise provided for by law.

2. Organizations and individuals that collect, process and use personal information of others have the following responsibilities:

a) Inform the person of the form, scope, place and purpose of the collection, processing and use of his or her personal information;

b) Use the collected personal information for the right purposes and only store such information for a certain period of time as prescribed by law or as agreed between the two parties;

c) Take necessary management and technical measures to ensure that personal information is not lost, stolen, disclosed, altered or destroyed;

d) Immediately take necessary measures upon receipt of a request for re-examination, correction or cancellation as prescribed in Clause 1, Article 22 of this Law; may not provide or use relevant personal information until it has been rectified.

3. Organizations and individuals have the right to collect, process and use the personal information of others without the consent of that person in case such personal information is used for the following purposes:

a) Signing, modifying or performing contracts on the use of information, products and services in the network environment;

b) Calculation of prices and charges for using information, products and services in the network environment;

c) Perform other obligations as prescribed by law.

Article 22. Storing and providing personal information in the network environment

1. Individuals have the right to request organizations or individuals that store their personal information on the network environment to check, correct or destroy such information.

2. Organizations and individuals may not provide other people's personal information to third parties, unless otherwise provided for by law or with such person's consent.

3. Individuals have the right to claim compensation for damage caused by violations in the provision of personal information.

Article 23. Website establishment

1. Organizations and individuals have the right to set up websites in accordance with law and are responsible for managing the content and operation of their websites.

2. Organizations and individuals that use the Vietnamese national domain name “.vn” when setting up their website do not need to notify the Ministry of Post and Telematics. Organizations and individuals that, when setting up an electronic information page that do not use the Vietnamese national domain name ".vn", must notify in the network environment to the Ministry of Post and Telematics the following information:

a) Name of the organization stated in the establishment decision, operation license, business registration certificate or license to open a representative office; personal name;

b) Number, date of issue, place of issue of people's identity card or number, date of issue, place of issue of individual's passport;

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

d) Phone number, fax number, email address;

d) Registered domain names.

3. Organizations and individuals must take responsibility before law for the accuracy of information specified in Clause 2 of this Article. When changing information, they must notify such change.

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, foreign affairs, national defense and security activities must comply with the provisions of this Law and other relevant provisions of law.

Section 2. APPLICATION OF INFORMATION TECHNOLOGY IN ACTIVITIES OF STATE AGENCIES

Article 24. Principles of information technology application in activities of state agencies

1. The application of information technology in the operations of state agencies must be prioritized, ensuring publicity and transparency in order to improve the effectiveness and efficiency of the state agencies' operations; creating conditions for the People to well perform their rights and obligations as citizens.

2. The application of information technology in the operation of state agencies must promote the program of renovation of the operation of the state agency and the program of administrative reform.

3. The provision and exchange of information must be accurate and suitable for the purpose of use.

4. Operational processes and procedures must be public and transparent.

5. Consistently using standards, ensuring technology compatibility in the entire information system of state agencies.

6. Ensure security, safety, thrift and efficiency.

7. Heads of state agencies must take responsibility for the application of information technology under their management.

Article 25. Conditions for implementing information technology application in activities of state agencies

1. State agencies are responsible for preparing conditions for the application of information technology in their operations.

2. The Government shall specify the conditions to ensure the application of information technology in the operations of state agencies; formulate and organize the implementation of a national program on information technology application in the operations of state agencies with the following principal contents:

a) The roadmap for implementing activities on the network environment of state agencies;

b) Sectors and fields that have great impacts on socio-economic development need to give priority to information technology application;

c) The sharing and common use of digital information;

d) Priority areas, encouraging research - development, international cooperation, human resource development and building information infrastructure to meet the requirements of information technology application in the operation of the agency. state agencies in each period;

dd) Financial sources for the application of information technology in the operations of state agencies;

e) Key programs, schemes and projects on information technology application in activities of state agencies.

Article 26. Information technology application contents in activities of state agencies

1. Building and using information infrastructure to serve the activities of state agencies and activities of exchanging and providing information between state agencies and organizations and individuals.

2. Build, collect and maintain a database to serve the agency's operations and serve the public interest.

3. Build forms for exchanging, providing information and collecting opinions of organizations and individuals in the network environment.

4. Set up a website in accordance with the provisions of Articles 23 and 28 of this Law.

5. Provide and share information with other State agencies.

6. Provide public services in the network environment.

7. Develop and implement training plans, raise awareness and application level of information technology of cadres and civil servants.

8. Carry out activities on the network environment as prescribed in Article 27 of this Law.

Article 27. Operations of state agencies in the network environment

1. Activities of state agencies in the network environment include:

a) Provide, exchange and collect information with organizations and individuals;

b) Sharing information internally and with other State agencies;

c) Provision of public services;

d) Other activities as prescribed by the Government.

2. The time and place for sending and receiving information on the network environment must comply with the law on electronic transactions.

Article 28. Websites of state agencies

1. Websites of state agencies must meet the following requirements:

a) Ensure convenient access for organizations and individuals;

b) Support organizations and individuals to access and use forms on the website (if any);

c) Ensure the accuracy and consistency of the content of information on the website;

d) Regularly and timely update information on the website;

d) Comply with the provisions of the law on protection of state secrets.

2. Websites of state agencies must contain the following main information:

a) Organization, functions, tasks and powers of that agency and each affiliated unit;

b) System of specialized legal documents and relevant legal documents;

c) Administrative processes and procedures performed by affiliated units, name of person responsible for each stage of implementation of administrative procedures and procedures, time limit for handling administrative procedures;

d) Information to propagate, disseminate and guide the implementation of laws, regimes, policies, strategies and specialized plannings;

dd) List of official email addresses of each affiliated unit and competent officials and civil servants;

e) Information about the project, investment item, bidding, public procurement;

g) A list of activities in the network environment being carried out by that agency according to the provisions of Clause 1, Article 27 of this Law;

h) Section for collecting opinions from organizations and individuals.

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

Section 3. APPLICATION OF INFORMATION TECHNOLOGY IN TRADE

Article 29. Principles of information technology application in commerce

1. Organizations and individuals have the right to apply information technology in commerce.

2. Commercial activities in the network environment must comply with the provisions of this Law, the law on commerce and the law on electronic transactions.

Article 30. Sales website

1. Organizations and individuals have the right to set up a sales website in accordance with this Law and other relevant laws.

2. The sales website must satisfy the following main requirements:

a) Provide complete and accurate information on goods and services, transaction conditions, dispute settlement and damage compensation procedures;

b) Provide consumers with information on safe and convenient payment methods in the network environment;

c) Publicizing cases where consumers have the right to cancel or amend agreements on the network environment.

3. Organizations and individuals that own the sales website are responsible for the content of information provided on the website, comply with the provisions of this Law and other relevant laws. related to contract conclusion, order, payment, advertising, promotion.

Article 31. Provision of information for the conclusion of contracts in the network environment

1. Unless otherwise agreed by related parties, organizations and individuals selling goods or providing services must provide the following information for the conclusion of a contract:

a) The order of implementation to enter into a contract in the network environment;

b) Technical measures to identify and correct incorrect information;

c) The archiving of contract records and permitting access to such records.

2. When providing information on contract conditions to consumers, organizations and individuals must ensure for consumers the ability to store and reproduce such information.

Article 32. Settlement of consequences due to incorrect entry of commercial information on the network environment

In case the buyer enters wrong information and sends it to the sales website but the information entry system does not provide the ability to modify the information, the buyer has the right to unilaterally terminate the contract if it has taken the following measures: this:

1. Promptly notify the seller of his incorrect information and the seller has also confirmed receipt of such notice.

2. Return goods received but not used or enjoy any benefit from such goods.

Article 33. Payment in the network environment

1. The State encourages organizations and individuals to make payments in the network environment in accordance with law.

2. Conditions, processes and procedures for payment in the network environment shall be prescribed by competent state agencies.

Section 4. APPLICATION OF INFORMATION TECHNOLOGY IN SOME FIELDS

Article 34. Application of information technology in the field of education and training

1. The State shall adopt policies to encourage the application of information technology in teaching, learning, enrollment, training and other activities in the field of education and training in the network environment.

2. Organizations and individuals conducting education and training activities in the network environment must comply with the provisions of this Law and the provisions of the law on education.

3. Competent state agencies are responsible for formulating and implementing programs to support organizations and individuals in order to promote the application of information technology in education and training.

4. The Ministry of Education and Training shall prescribe conditions for education and training activities, recognize the legal value of diplomas and certificates in educational and training activities in the network environment, and conduct quality accreditation. quality of education and training in the network environment.

Article 35. Application of information technology in the medical field

1. The State adopts policies to encourage the application of information technology in the health sector.

2. Organizations and individuals conducting medical activities in the network environment must comply with the provisions of this Law, the law on medicine and pharmacy and other relevant laws.

3. The Ministry of Health shall specify conditions for medical operations in the network environment.

Article 36. Application of information technology in the field of culture and information

1. The State adopts policies to encourage the application of information technology in the digitization of cultural products, storage and promotion of digitized cultural products and other activities in the cultural domain.

2. Organizations and individuals conducting cultural and journalistic activities in the online environment must comply with the provisions of this Law and the provisions of the law on press, culture and information.

3. Organizations and individuals that receive financial support from the State to digitize cultural products of conservation value must comply with the Government's regulations on conditions for digitizing cultural products with conservation value. conservation value.

4. The Government shall regulate the management of entertainment activities in the network environment to ensure the following requirements:

a) Entertainment content must be healthy, educational, cultural, not contrary to the nation's fine customs and traditions;

b) Attach the responsibilities and interests of subjects participating in entertainment activities in the online environment with the common interests of society and the community;

c) Ensuring technical safety and service quality;

d) Ensure political security, social order and safety and prevent crimes arising from these activities.

Article 37. Application of information technology in national defense, security and a number of other fields

Information technology application activities in service of national defense and security and a number of other fields shall comply with the Government's regulations.

Chapter III

DEVELOPMENT OF INFORMATION TECHNOLOGY

Section 1. RESEARCH – INFORMATION TECHNOLOGY DEVELOPMENT

Article 38. Promotion of information technology research and development

1. The State encourages organizations and individuals to research and develop information technology and products for socio-economic development, ensuring national defense and security, and improving material and spiritual lives. God of the People.

2. Organizations and individuals that research and develop technology and information technology products for socio-economic management renewal and technological innovation are entitled to tax, credit and other incentives. according to regulations of the Law.

3. The State creates conditions for organizations and individuals engaged in scientific and technological activities to transfer research and development results of technology and information technology products for wide application in production and daily life.

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

The State mobilizes capital sources to invest in building material and technical foundations of information technology research and development organizations; encourage organizations and individuals to invest in building material and technical foundations in service of information technology research and development; invest in a number of key information technology laboratories up to international standards; promulgate regulations on the use of key information technology laboratories.

Article 40. Research and development of information technology and products

1. The State encourages organizations and individuals to participate in research and development of information technology and products.

2. The State gives priority to spending an amount from the state budget for software research and development programs and projects; give priority to information technology research and development activities at universities and research institutes; develop models linking research, training and production in information technology.

3. The state management agency in charge of information technology shall assume the prime responsibility for, and coordinate with the state management agency in, science and technology in, organizing the selection of research and training institutions and enterprises to perform research tasks. Research and develop key information technology products.

Article 41. Standards and quality 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 standards and quality.

2. Organizations and individuals are encouraged to participate in the production and provision of information technology products and services, announce basic standards, and must ensure that their products and services conform to the announced standards. dad.

3. The quality of information technology products and services is managed through the following forms:

a) Certification of conformity with technical standards and regulations;

b) Announcement of conformity with technical standards and regulations;

c) Quality inspection.

4. The Ministry of Post and Telematics shall announce information technology products and services that require national or international standards to be applied; promulgating and announcing the application of technical regulations; specific regulations on quality management of information technology products and services; stipulate conditions for domestic and foreign testing agencies to serve the quality management of information technology products and services and announce competent information technology testing agencies.

5. The mutual recognition of standard conformity assessment of information technology products between the Socialist Republic of Vietnam and foreign countries and international organizations shall comply with the provisions of international treaties. economy to which the Socialist Republic of Vietnam is a member.

Section 2. DEVELOPMENT OF INFORMATION HUMAN RESOURCES

Article 42. Policy on development of information technology human resources

1. The State has a policy to develop the scale and enhance the quality of information technology human resource training.

2. The State's priority and key programs and projects on information technology application and development must have an information technology human resource training item.

3. Organizations and individuals are encouraged to establish information technology human resource training institutions in accordance with law.

4. Training institutions are entitled to incentives in information technology training activities equivalent to software production enterprises.

5. The State adopts policies to support teachers, students and pupils in the national education system to access the Internet at educational institutions.

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, stipulating conditions for information technology training activities and granting information technology certificates. recognize information technology certificates of foreign organizations used in Vietnam.

Article 44. Use of information technology human resources

1. Persons specialized in information technology application and development in state agencies are entitled to preferential regimes in terms of working conditions.

2. Standards of professions and titles in information technology promulgated by competent state agencies.

Article 45. Vietnamese working abroad

1. The State encourages organizations and individuals to seek and expand the labor market in order to create jobs abroad for Vietnamese workers to participate in information technology activities in accordance with Vietnamese law. South, in accordance with the laws of the host country and international treaties to which the Socialist Republic of Vietnam is a signatory.

2. The State shall adopt preferential policies for foreign organizations and individuals, and overseas Vietnamese to recruit domestic workers for the development, production and processing 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. The People's Committees of the provinces and centrally-run cities are responsible for formulating and implementing information technology knowledge dissemination activities for organizations and individuals in their respective localities.

3. The Ministry of Education and Training is responsible for formulating programs and organizing the universalization of information technology knowledge in the national education system.

4. The State shall adopt policies to support the learning and popularization of information technology knowledge for the disabled, the poor, ethnic minorities and other prioritized subjects in accordance with development requirements in the region. from time to time as prescribed by the Government.

Section 3. DEVELOPMENT OF INFORMATION TECHNOLOGY INDUSTRIAL

Article 47. Types of information technology industry

1. Hardware industry is the industry that produces hardware products, including spare parts, components and digital equipment.

2. Software industry means the industry that produces software products, including system software, application software, control software, automation and other similar products; Provide solutions for installation, maintenance, user manual.

3. Content industry is the industry that produces digital information products, including socio-economic information, scientific and educational information, cultural and entertainment information in the network environment, and other products. other similar products.

Article 48. Policy on development of information technology industry

1. The State shall adopt preferential policies, give priority to investment in the development of the information technology industry, paying special attention to the software industry and the content industry in order to become a key economic sector in the international economy. people.

2. The State encourages investors to participate in venture investment activities in the field of information technology industry, invest in the development and supply of low-cost digital equipment.

3. The Government shall specify incentives, priorities and other conditions for the development of the information technology industry.

Article 49. Development of the information technology industry market

Competent state agencies promulgate regulations and organize the implementation of information technology industry market development activities, including:

1. Promoting information technology application; prioritize the use of state budget capital for procurement and use of domestically produced information technology products;

2. Trade promotion, organization of domestic exhibitions and fairs, supporting enterprises to participate in international exhibitions and fairs, promoting and marketing the image of Vietnam's information technology industry in the world gender.

3. Software pricing method for the management of information technology development and application projects.

Article 50. Key information technology products

1. Key information technology products are information technology products that satisfy one of the following requirements:

a) The domestic market has great demand and creates high added value;

b) Has export potential;

c) Having a positive impact on technological innovation and economic efficiency on other economic sectors;

d) Meeting national defense and security requirements.

2. The Ministry of Information and Communications shall publicize the list and formulate a program to develop key information technology products in each period in accordance with the strategy for development of the information technology industry.

3. Information technology products on the list of key information technology products specified in Clause 2 of this Article are prioritized for investment in research, development and production by the State.

4. Organizations and individuals participating in research, development and production of key information technology products are entitled to incentives according to the Government's regulations; be prioritized for investment by the State and enjoy a portion of royalties on key information technology products invested by the State.

5. Organizations and individuals engaged in research, development and production of key information technology products invested by the State must satisfy the conditions prescribed by competent state agencies; not transfer or transfer technologies and solutions to develop key information technology products invested by the State without the consent of competent state agencies; subject to inspection, control, and compliance with the reporting regime as prescribed by competent state agencies on research, development, production and trade promotion of key information technology products. .

Article 51. Centralized information technology zones

1. A concentrated information technology park is a type of high-tech park, where research and development, production, business and training establishments are concentrated or linked. Organizations and individuals investing and operating in a concentrated information technology park are entitled to the State's preferential policies applicable to high-tech parks.

2. To encourage domestic and foreign organizations and individuals to invest in and build concentrated information technology zones according to the Government's planning.

Section 4. DEVELOPMENT OF INFORMATION TECHNOLOGY SERVICES

Article 52. Types of information technology services

1. Investigation, survey and market research on information technology.

2. Consulting, analysis, planning, classification and design in the field of information technology.

3. System integration, test run, application management service, update, security.

4. Design, archive and maintain electronic information pages.

5. Warranty, maintenance, network and information safety.

6. Update, search, store, process data and exploit databases.

7. Distributing information technology products.

8. Information technology training.

9. Authentication of electronic signatures.

10. Other services.

Article 53. Policy 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 certain types of information technology services.

Chapter IV

MEASURES TO SECURE INFORMATION TECHNOLOGY APPLICATION AND DEVELOPMENT

Section 10. INFORMATION INFRASTRUCTURE FOR INFORMATION TECHNOLOGY DEVELOPMENT AND APPLICATION

Article 54. Principles of information infrastructure development

1. Information infrastructure must be developed to ensure the quality and variety of services to meet the requirements of information technology application and development.

2. Competent state agencies are responsible for ensuring the development of information infrastructure in accordance with the requirements of socio-economic development; create conditions for all economic sectors to use information infrastructure in a fair, equal and transparent competitive environment; take synchronous measures to prevent acts of abusing information infrastructure in violation of Article 12 of this Law.

Article 55. Ensuring information infrastructure in service of information technology application and development

1. The State adopts a policy to develop national information infrastructure widely, with large throughput, speed and high quality, and competitive rates compared to other countries in the region; encourage organizations and individuals to jointly invest in and use the information infrastructure.

2. Priority public Internet access points are located at post offices, commune cultural post offices, railway stations, bus stations, seaports, airports, border gates, residential areas, hospitals, schools, supermarkets. urban centers, cultural and sports centers to serve the needs of organizations and individuals.

Article 56. Information infrastructure serving state agencies

1. Information infrastructure serving state agencies from the central to local levels shall be uniformly built and managed according to the Government's regulations.

2. Funds for investment, construction, exploitation and maintenance of information infrastructure serving state agencies shall come from the state budget and other sources.

Article 57. Information infrastructure in service of the public interest

1. The State has a policy of prioritizing investment capital and has a financial support mechanism for the construction and use of information infrastructure to serve the public benefit and narrow the digital divide.

2. Information technology state management agencies at all levels are responsible for organizing the implementation of programs and projects to narrow the digital divide, including:

a) Install computer systems and Internet access at schools and public places nationwide;

b) Develop a team of instructors to use computers and access the Internet;

c) Narrowing the digital gap between regions and regions.

Article 58. National database

1. National database is a collection of information of one or several socio-economic fields which is built, updated and maintained to meet the requirements of information access and use of economic sectors. and serve the public interest.

2. Organizations and individuals have the right to access and use information in the national database, unless otherwise provided for by law.

3. The State guarantees part or all of the funding for the construction and maintenance of the national database.

4. The Government shall prescribe the list of national databases; building, updating and maintaining the national database; promulgate regulations on exploitation and use of national databases.

Article 59. Databases of ministries, branches and localities

1. The database of a ministry, branch or locality is a collection of information built, updated and maintained to meet the requirements of accessing and using its information and serving the public interest.

2. Organizations and individuals have the right to access and use information in the databases of ministries, branches and localities, unless otherwise provided for by law.

3. The State guarantees part or all of the funding for the construction and maintenance of the databases of ministries, branches and localities.

4. Ministries, ministerial-level agencies, agencies attached to the Government, People's Committees of provinces and centrally run cities shall prescribe the list of databases; building, updating and maintaining databases; promulgate regulations on exploitation and use of databases of their respective ministries, branches and localities.

Article 60. Protection of information infrastructure

1. National information infrastructure must be protected. People's Committees at all levels, people's armed forces and organizations and individuals managing and exploiting information infrastructure are responsible for coordinating in protecting the safety of national information infrastructure.

2. Organizations and individuals are responsible for ensuring the safety of information infrastructure under their management; subject to the management, inspection, examination and implementation of requirements on assurance of information infrastructure safety and information security of competent state agencies.

3. Organizations and individuals that manage and exploit information infrastructure are responsible for creating necessary working, technical and professional conditions for competent state agencies to perform the task of controlling and ensure information security when required.

Section 2. INVESTMENT IN INFORMATION TECHNOLOGY

Article 61. Investment by organizations and individuals in information technology

1. The State encourages organizations and individuals to invest in information technology application activities to innovate socio-economic management, innovate technology and improve the competitiveness of products.

2. The State encourages and protects the lawful rights and interests of domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals investing in information technology.

3. Enterprises' investments in information technology application and development and the following expenses of enterprises are deductible when calculating taxable income according to the Law on Corporate Income Tax:

a) Open information technology training schools and classes at enterprises;

b) Sending people to train and acquire new technologies to serve the information technology application and development needs of enterprises.

Article 62. State investment in information technology

1. Investment in information technology is investment in development.

2. The State prioritizes allocating the budget for information technology, ensuring that the annual increase in state budget expenditures on information technology is higher than the increase in state budget expenditures. The budget for information technology must be managed and used effectively.

3. The Government shall promulgate regulations on appropriate investment management for information technology application projects using investment capital originating from the state budget.

4. In the State Budget Index, there is a separate type of expenditure on information technology.

Article 63. Investment in information technology application and development

1. The state budget for information technology application and development shall be used for the following purposes:

a) Universalize information technology application, support effective information technology application projects;

b) Development of digital information sources;

c) Building national databases, databases of ministries, branches and localities;

d) Building information infrastructure in service of public interests and state agencies;

dd) Investigate, research, develop, test and apply scientific and technical advances in information technology, mechanisms, policies, strategies, master plans, plans, standards and technical regulations techniques, economic-technical norms, models of information technology application and development;

e) Developing information technology human resources;

g) Propagating, disseminating and educating the law on information technology, training, professional training, management on information technology;

h) Awarding information technology awards;

i) Other activities for information technology application and development.

2. Annually, the Ministry of Post and Telematics is responsible for summing up the cost estimates for the cause of information technology application and development specified in Clause 1 of this Article of the ministries, ministerial-level agencies and agencies. Governmental agencies and provinces and centrally run cities for the Government to submit to the National Assembly.

Article 64. Investment and development of information technology in service of agriculture and rural areas

1. To attract all resources to invest in building information infrastructure, speeding up the modernization process of rural, mountainous and island areas.

2. Create favorable conditions for people in remote and isolated areas, areas with ethnic minorities, areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions application of information technology to serve production and life.

3. Organizations and individuals engaged in information technology application and development activities in remote and isolated areas, areas with ethnic minorities, areas with difficult socio-economic conditions, and areas with favorable conditions especially difficult socio-economic conditions are entitled to preferential policies on investment, finance and other incentives according to the provisions of law.

4. Information technology application and service provision activities for the purpose of agricultural, forestry, fishery and offshore fishing are partly supported by the State.

Section 3. INTERNATIONAL COOPERATION ON INFORMATION TECHNOLOGY

Article 65. Principles of international cooperation in information technology

Vietnamese organizations and individuals cooperate in information technology with foreign organizations and individuals and international organizations on the principle of respecting national independence and sovereignty and non-interference in each other's internal affairs. , equality and mutual benefit.

Article 66. Contents of international cooperation in information technology

1. Analyze international trends in information technology, scale and prospects for overseas market development, and formulate strategies for overseas information technology market development.

2. Disseminate information on information technology application and development orientations and policies of Vietnam and other countries around the world.

3. Develop mechanisms and policies to promote cooperation between Vietnamese organizations and individuals, foreign organizations and individuals, and international organizations operating in the field of information technology.

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

5. To develop the overseas information technology market, introduce Vietnamese information technology products through international exhibitions, and approach potential customers.

6. Organize international seminars, conferences and forums on information technology.

7. Signing, acceding to and implementing bilateral and multilateral international treaties and participating in regional and international organizations on information technology.

8. Acquiring foreign technology and transferring it to Vietnam.

Section 4. PROTECTION OF LEGAL RIGHTS AND INTERESTS AND SUPPORT 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 are protected in accordance with law.

Article 68. Protection of Vietnamese national domain names “.vn”

1. The Vietnamese national domain name “.vn” and the subdomain of the Vietnamese national domain name “.vn” are part of the national information resources, have the same use value and must be managed management, exploitation and use for the right purposes and effectively.

The State encourages organizations and individuals to register and use the Vietnamese national domain name ".vn". The registered domain name must show seriousness to avoid causing misunderstanding or distortion due to its polyphony, polysemantic or when not using accents in Vietnamese.

2. The Vietnamese national domain name ".vn" for Party organizations and state agencies must be protected and not infringed.

3. Organizations and individuals that register to use the Vietnamese national domain name ".vn" must be responsible before law for the purpose of use and the accuracy of the registration information and ensure the registration, using the Vietnamese national domain name ".vn" does not infringe upon the legitimate rights and interests of other organizations and individuals that existed before the registration date.

4. The Ministry of Post and Telematics regulates the registration, management, use and dispute settlement of Vietnamese national domain names “.vn”.

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

The protection of intellectual property rights in the field of information technology must comply with the provisions of the law on intellectual property and the following provisions:

1. Organizations and individuals that transmit information on the network environment have the right to make temporary copies of a protected work due to technical requirements of information transmission activities and temporary copies are stored in the network. sufficient time to carry out the transmission of the information;

2. Legitimate users of protected software have the right to copy such software for backup storage and to replace damaged software without obtaining permission or paying royalties.

Article 70. Anti-spam

1. Organizations and individuals must not conceal their names or forge the names of other organizations and individuals when sending information on the network environment.

2. Organizations and individuals sending advertising information on the network environment must ensure for consumers the ability to refuse to receive advertising information.

3. Organizations and individuals may not continue to send advertising information on the network environment to consumers if that consumer notices that they do not agree to receive advertising information.

Article 71. Anti-virus and harmful software

Organizations and individuals may not create, install or spread computer viruses or harmful software onto other people's digital devices to perform one of the following acts:

1. Change the setting parameters of the digital device.

2. Collecting other people's information.

3. Remove or disable the information safety and security software installed on digital devices.

4. Prevent the ability of users to remove or limit the use of unnecessary software.

5. Appropriating control rights of digital devices.

6. Change or delete information stored on digital devices.

7. Other acts infringing upon the legitimate rights and interests of users.

Article 72. Assurance of information safety and confidentiality

1. Lawful private information of organizations and individuals exchanged, transmitted and stored on the network environment shall be kept secret according to the provisions of law.

2. Organizations and individuals may not commit one of the following acts:

a) Infiltrate, modify or delete information contents of other organizations and individuals in the network environment;

b) Obstructing service provision of the information system;

c) Prevent access to information of other organizations and individuals in the network environment, unless otherwise permitted by law;

d) Cracking, stealing, using passwords, cryptographic keys and information of other organizations and individuals in the network environment;

dd) Other acts that cause insecurity and confidentiality of information of other organizations or individuals that are 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) Protect children from being negatively affected by information on the network environment;

b) Take measures to prevent and combat information technology applications with content that incites violence and pornography.

2. Families have a responsibility to prevent children from accessing information that is not beneficial to children.

3. Competent state agencies shall take the following measures to prevent children from accessing harmful information on the network environment:

a) Organize the development and dissemination of content filtering software;

b) Organize the development and dissemination of tools to prevent children from accessing information that is not beneficial to children;

c) Guiding the establishment and management of websites for children with the aim of promoting the establishment of websites with information content suitable for children and not harmful to children; strengthen the ability to manage information content on the network environment suitable for children, not harmful to children.

4. Service providers take measures to prevent children from accessing information on the network environment that is not beneficial to children.

5. Information technology products and services that carry content that are not beneficial to children must have warning signs.

Article 74. Support for disabled people

1. The State encourages and creates favorable conditions for disabled people to participate in information technology development and application activities, and develops working capacity of disabled people through information technology application and development. believe; have priority policies for disabled people to participate in information technology education and training programs.

2. National information technology development strategies, plans and policies must have contents to support and ensure the integration of disabled people into the community.

3. The State has preferential policies on tax, credit and other incentives for the following activities:

a) Research – develop tools and applications to improve the ability of people with disabilities to access and use information and knowledge resources through the use of computers and information infrastructure;

b) Producing and providing technology, equipment, services, applying information technology and digital information content to meet the special needs of the disabled.

Chapter V

DISPUTE SETTLEMENT AND HANDLING OF CODE VIOLATIONS

Article 75. Settlement of disputes over information technology

1. Disputes over information technology are disputes arising in information technology application and development activities.

2. The parties are encouraged to settle information technology disputes through conciliation; In case the parties are unable to conciliate, the dispute shall be settled according to the provisions of law.

Article 76. Forms of dispute settlement over registration and use of Vietnamese national domain names “.vn”

Disputes over the registration and use of the Vietnamese national domain name ".vn" shall be resolved in the following forms:

1. Through negotiation and conciliation;

2. Through arbitration;

3. File a lawsuit at the Court.

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

1. Individuals who commit acts of violating the law on information technology shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability, if causing damage. shall be compensated according to the provisions of the law.

2. Organizations that commit acts of violating the law on information technology shall, depending on the nature and seriousness of their violations, be administratively sanctioned, have their operations suspended, and, if causing damage, have to pay compensation in accordance with regulations of law. law.

Chapter VI

TERMS ENFORCEMENT

Article 78. Enforcement

This law takes effect from the date of April, April, April and April of the year.

Article 79. Implementation guidance

The Government shall detail and guide the implementation of this Law. 

CONSOLIDATED DOCUMENT AUTHORIZATION

CHAIRMAN




Nguyen Hanh Phuc

 

 

CONSOLIDATED DOCUMENT AUTHORIZATION

KT MINISTER
VICE


Huynh Quang Hai

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