AMENDMENTS TO CIRCULAR NO. 24/2015/TT-BTTTT DATED AUGUST 18, 2015 OF THE MINISTER OF INFORMATION AND COMMUNICATIONS ON MANAGEMENT AND USE OF INTERNET RESOURCES

1. Clause 15 is added to Article 2 as follows:

“15. “IP address member” refers to an agency, organization or enterprise that receives IP addresses assigned or distributed by the Ministry of Information and Communications (VNNIC)”

2. Point m Clause 3 of Article 5 is amended as follows:

“m) NAME.VN particularly designed for organizations and individuals applying for registration under their names such as full names, abbreviated names, trade names, aliases, etc.;”.

3. Clause 2 of Article 6 is amended as follows:

a) Point g is amended as follows:

“g) Do not violate Clause 1 Article 23b of the Government’s Decree No. 72/2013/ND-CP amended by the Government’s Decree No. 27/2018/ND-CP dated March 01, 2018;”

b) Point h is added as follows:

“h) Do not contain words or phrases that are easily confused with news websites or social networking sites if the applicant for domain registration does not hold the license to establish news websites or license to establish social networking sites as prescribed by law.”.

4. Article 10 is amended as follows:

a) Clause 3 is amended as follows:

“3. Method of submitting application for domain registration, registration information change and domain return:

a) Directly submit application to “.vn” domain registrars’ offices. If the applicant for domain registration is an individual who applies for domain registration, registration information change or domain return, he/she is required to present his/her ID card or Citizen ID card (or passport if the individual is a foreigner);

b) Submit application to “.vn” domain registrars’ offices by post. If the applicant for domain registration is an individual who applies for domain registration, registration information change or domain return, he/she is required to attach the certified true copy of his/her ID card or Citizen ID card (or passport if the individual is a foreigner);

c) Submit application online through the registrar’s domain name registration system (not applicable to the application for registration information change and domain return):

The applicant shall submit application online through the registrar’s domain name registration system and shall complete the registration information in accordance with regulations on the registrar’s website. The registrar shall verify the information provided by the applicant. The list of registrars is posted by VNNIC at: www.nhadangky.vn.”

b) Clause 6 is amended as follows:

“6. The name of the applicant for domain registration shall be changed in the following cases:

a) An organization is renamed under the decision issued by a competent authority;

b) The merger, consolidation or change of functions and tasks of an agency or organization under the decision issued by a competent authority results in change of the right to use domain names;

c) The restructuring of an enterprise under the Enterprise Law results in change of the right to use domain names;

d) An individual changes his/her family name or given name under the decision issued by a competent authority.”

c) Clause 7 is amended as follows:

“7. If an applicant is allowed to change his/her name as stated in Clause 6 of this Article, in addition to submitting the application form for change made to domain registration information, the domain name user must present the copy from the master registers or copy for comparison purpose or certified true copy of the decision issued by the competent authority or document stating the enterprise is restructured under the Enterprise Law or documents proving the legitimate change of the right to use domain names in conformity with methods of submitting application stated in Clause 3 of this Article.”

5. Article 11 is amended as follows:

a) Point d is added to Clause 1 as follows:

“d) Cases in which the applicant for domain registration fails to be identified due to impersonation; the information about registration of domain name is inaccurate; the domain name user is an organization that has dissolved or no longer exists.”

b) Clause 4 is added as follows:

“4. In the case specified in Point d Clause 1 of this Article:

a) Within 30 (thirty) days after the date on which VNNIC or registrar requests the applicant for domain registration to update or add information that the applicant fails to provide, the domain name shall be suspended in the national domain server system. The registrar shall send a notification of domain name suspension to the applicant for domain registration within 02 (two) working days from the date of suspension;

b) Within 30 (thirty) days from the date of suspension, if the applicant for domain registration updates, adds or completes the registration information, the suspension shall be removed.”

6) Article 12 is amended as follows:

a) Point a of Clause 1 is amended as follows:

“a) The successful mediation record issued in accordance with regulation of the law on mediation; the Arbitration’s effective decision issued in accordance with regulations of the law on arbitration or the Court’s effective verdict or judgment during the process of resolving domain name disputes, serves as the basis;”

b) Point e of Clause 1 is amended as follows:

“e) The domain name fails to satisfy the requirements specified in Clause 2 of Article 6; fails to comply with regulations on domain protection specified in Article 8 or within 30 (thirty) days after the date on which the domain name is suspended as prescribed in Point d Clause 1 Article 11 of this Circular, the applicant for domain registration fails to update, add or complete the registration information;”

c) Point g is added to Clause 1 as follows:

“g) In some other cases in accordance with Government’s regulations.”

d) Clause 2 is amended as follows:

“2. In the case where domain names are revoked as prescribed in Points a, b, c, d and e Clause 1 of this Article, the Ministry of Information and Communications (VNNIC) shall take the following steps:

a) Suspend revoked domain names in the national server system of domain names;

b) Request domain name registrars to send the written notification of domain name revocation to the applicants for domain registration within 02 (two) working days from the date on which VNNIC issued the notification of domain name revocation.”

7. Clause 1 of Article 15 is amended as follows:

“1. Transfer to another “.vn” domain registrar shall be carried out at the request of the applicant for domain registration and by the agreement between the domain registrar currently managing domain names and the domain registrar to whom the applicant is wishing to transfer their domain names. As requested by the applicant, the domain registrar currently managing domain names shall initiate procedures for registrar transfer and shall not create any obstruction when the applicant has fully discharged their obligations specified in the agreement with the registrar on registration and maintenance of “.vn” domain names. In case of refusal, the domain registrar currently managing domain names shall respond and provide explanation in writing.”

8. Clause 3 of Article 16 is amended as follows:

“3. If the plaintiff (that is involved in the dispute resolution) is allowed to apply for registration of domain names which are in dispute and revoked as defined in the successful mediation record issued in accordance with regulation of the law on mediation; the Arbitration’s effective decision issued in accordance with regulations of the law on arbitration, or the Court’s effective verdict or judgment, the plaintiff shall be given priority to register such domain names within 45 (forty-five) days from the effective date of such record, decision or verdict. After this period, such domain names shall be available for registration.”

9. Clause 1 of Article 22 is amended as follows:

“1. Any agency, organization or enterprise wishing to set up Internet connection network is entitled to request assignment and distribution of IP address (the use of IPv6 address is encouraged) for internal use or reassignment of IP address to clients connected to the server of such agency, organization or enterprise (in the case where it is entitled to provide Internet services) and to apply for change of the applicant for registration of IP address in the following cases:

a) An agency or organization is renamed under the decision issued by a competent authority;

b) The full division, partial division, merger, consolidation or change of functions and tasks of an agency or organization under the decision issued by a competent authority results in change to management and operation of networks and services currently using IP address zones;

c) The restructuring of an enterprise under the Law on Enterprises results in change to management and operation of networks and services currently using IP address zones.”.

10. Article 23 is amended as follows:

a) Clause 1 is amended as follows:

“1. An application for assignment or distribution of IP address includes:

a)  “IP address registration form” according to the form stipulated in Appendix 10 enclosed herein;

b) Certified true copy or copy presented together with the original of the Establishment decision or other valid certificates issued before the effective date of the 2014 Enterprise Law or enterprise ID number;

c) In case an IP address is assigned or distributed when the change of name of applicant for IP address registration is made as prescribed in Clause 1 Article 22 of this Circular, in addition to the documents specified in Points a and b of this Clause, the agency, organization or enterprise shall submit the original or certified true copy of the decision of the competent authority or document stating the enterprise is restructured under the Enterprise Law and documents proving the legitimate change of the right to use IP addresses.”

b) Clause 3 is amended as follows:

“3. Method of filing application:

a) Directly submit application to VNNIC’s office;

b) Submit application to VNNIC’s office by post;

c) Apply online at www.diachiip.vn.”

c) Clause 4 is amended as follows:

“4. The maximum duration of grant of the application processing result or the decision on assignment and distribution of IP address to agencies, organizations or enterprises is 20 (twenty) days from the date of receipt of all valid required documents. In case of rejecting the application, the Ministry of Information and Communications (VNNIC) shall send the written notification in which clear reasons for such rejection should be stated.”

11. Clause 1 of Article 25 is amended as follows:

“1. Depending on the practical demand raised by any agency, organization or enterprise, any agency, organization or enterprise which has obtained IP addresses assigned or distributed by VNNIC is entitled to apply for assignment and distribution of Autonomous System Number (hereinafter referred to as “ASN”) and apply for change of the applicant for ASN registration in the following cases:

a) An agency or organization is renamed under the decision issued by a competent authority;

b) The full division, partial division, merger, consolidation or change of functions and tasks of an agency or organization under the decision issued by a competent authority results in change of management and operation of networks and services currently using ASN;

c) The restructuring of an enterprise under the Law on Enterprises results in change to management and operation of networks and services currently using ASN.”.

12. Article 26 is amended as follows:

a) Clause 1 is amended as follows:

“1. Registration application:

a)  “ASN registration form” according to the form stipulated in Appendix 11 enclosed herein.

b) In case a ASN is assigned or distributed when the change of name of applicant for ASN registration is made as prescribed in Clause 1 Article 25 of this Circular, in addition to the documents specified in Point a of this Clause, the agency, organization or enterprise shall submit the copy from the master registers or copy presented together with the original for comparison purpose or certified true copy of the decision of the competent authority or document stating the enterprise is restructured under the Enterprise Law and documents proving the legitimate change of the right to use ASN.”

b) Clause 3 is amended as follows:

“3. Method of filing application:

a) Directly submit application to VNNIC’s office;

b) Submit application to VNNIC’s office by post;

c) Apply online at www.diachiip.vn.”

13. “Mã số doanh nghiệp” (“Enterprise ID number”) is added to section 4 in the Appendix 3 Domain registration form for agencies, organizations and enterprises promulgated together with the Circular No. 24/2015/TT-BTTTT .

14. The Appendix 10 promulgated together with the Circular No. 24/2015/TT-BTTTT is amended as follows:

a) “Mã số doanh nghiệp” (“Enterprise ID number”) is added to section 1;

b) “Người lãnh đạo cao nhất của cơ quan/tổ chức/doanh nghiệp” (“Senior management of agency/organization/enterprise”) in section 2 is replaced with “Người đại diện pháp luật hoặc người được ủy quyền đại diện theo pháp luật của cơ quan/tổ chức/doanh nghiệp” (“Legal representative or authorized legal representative of agency/organization/enterprise”).

c) “Lưu ý: nếu đề nghị cấp IPv4, tổ chức không thể xin quá prefix /22 trong giai đoạn này” (“Note: in case of applying for distribution of IPv4, the organization is not allowed to apply for distribution of more than prefix /22 in this period” is removed from section 3.

d) “(Áp dụng đối với cơ quan/tổ chức/doanh nghiệp không phải là ISP, kết nối đa hướng, cần cung cấp thông tin cho ít nhất 02 hướng kết nối)” (“(Applicable to agencies/organizations/enterprises that are not ISPs, are multi-homed and need to provide information to at least 02 connections)”) is removed from section 5.

e) The following is added under the “confirmation” section intended for the applicant:

15. The Appendix 11 promulgated together with the Circular No. 24/2015/TT-BTTTT is amended as follows:

a) The following is added to Section 2:

“2a. Số hiệu mạng đề nghị đổi tên chủ thể: Trong trường hợp đề nghị thay đổi tên chủ thể sử dụng số hiệu mạng, tổ chức cung cấp số hiệu mạng có nhu cầu điều chuyển tại đây”. (2a. ASN whose user has its/his name changed: In case of applying for change of name of ASN user, ASN provider shall fill in this section”).

b) “tối thiểu 02 hướng” (“at least 02 directions”) (for both import routing policy and export routing policy) is removed from section 3.

c) The following is added under the “confirmation” section intended for the applicant:

1. This Circular comes into force from September 15, 2019.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for consideration./.