License to Establish a General Electronic Information Website in Vietnam

A general information website is an electronic information website of an agency, organization, or enterprise that provides general information based on verbatim and accurate citations of official sources and clearly states the name of the author or the name of the official source agency, the time the information was posted, and the time the information was released. Similar to social networks, general information websites are established to provide general information to readers, through which the company’s image is promoted to everyone. However, there are the following basic differences between general information websites and social networks:

• When applying for a license, a general information website must have written approval from the organizations providing the information source to ensure the legality of the information source.
• The general electronic information page provides information to all readers just by accessing the website, while for social networks, users using social network services must register for a membership account and comply with strict regulations on registration, login and social network agreements.

Legal basis for procedures to grant a license for a general electronic information site in Vietnam

As of 2024, the following legal documents apply to general electronic information websites:

• Decree 72/2013/ND-CP on management, provision and use of internet services and online information, amended and supplemented by Decree 27/2018/ND-CP;
• Circular 09/2014/TT-BTTTT detailing the management, provision and use of information on electronic information pages and general electronic information pages.

Subjects applying for a license for a general information website (ICP)

Organizations and enterprises established under Vietnamese law have functions, tasks or business registration in industries suitable for the services and information content provided on the general electronic information website.

• Conditions for granting a license to establish an integrated electronic information site. After being granted an Enterprise Registration Certificate, if a business wants to operate an integrated electronic information site service business (because this is a conditional business line), the business must carry out the procedure to apply for a license to establish an integrated electronic information site so that the business can legally operate an integrated electronic information site business.
• ICP licenses are only granted to businesses established in accordance with current laws and registered to do business in the general electronic information website service industry.

Note on the general electronic information website service industry

Enterprises carrying out procedures to apply for a License to establish a general electronic information page in the Enterprise Registration Certificate (or business registration data on the National Business Registration Information Portal) must have the following business code:

Industry code 6311: Data processing, hosting and related activities

This group includes:

• Complete data processing for clients such as: data entry, data cleaning, data synthesis, report creation, …. from data provided by clients.
• Activities of providing and leasing information infrastructure such as: leasing internet domain names, leasing websites…
• Other related service provision activities such as: real-time sharing for information technology devices (servers, personal computers, mobile devices, etc.) for clients.

Industry code 6312: Information portal

(except press activities)

Details: Setting up a general information website.

• The operation of websites that use search engines to create and maintain large databases of internet addresses and content in an easily searchable format.
• Operating other websites that act as internet portals, such as online news sites, and media outlets that provide periodically updated information content.

Therefore, in case the enterprise does not have industry code 6311 and industry code 6312, the enterprise must add an industry code to be eligible to apply for a License to establish a general electronic information website.

For organizations, functions, and tasks must be appropriate to the services and information content provided on the General Information Website

Personnel conditions

• There must be at least 01 person responsible for managing information content who is a Vietnamese citizen or a foreigner with a temporary residence card issued by a competent authority with a validity of at least 06 months in Vietnam from the time of application submission;
• There is a department to manage information content.
• There must be at least 01 technical management staff meeting the regulations in Appendix II and III issued with Decree 27/2018/ND-CP amending and supplementing Decree 72/2013/ND-CP dated March 15, 2013, of the Government on management, provision, and use of internet services and online information (Decree No. 72/2013/ND-CP).

Domain name registered

• Organizations and businesses with domain names must not be similar or identical to the name of a press agency.
• The general electronic information website uses at least 01 domain name “.vn” and stores information on a server system with an IP address in Vietnam.
• General information websites of the same organization or enterprise cannot use the same domain name.
• The “.vn” domain name must be valid for at least 06 months at the time of licensing application and must comply with regulations on the management and use of Internet resources. For international domain names, there must be confirmation of legal use of the domain name.

Technical conditions

• Storage at least 90 days for aggregated information content from the time of posting; stored for at least 02 years for the posted information processing log;
• Receive and process warnings of information violations from users;
• Detect, warn, and prevent illegal access and network attacks;
• Have a backup plan to ensure safe operations;
• Ensure that there is at least 01 server system located in Vietnam, allowing for inspection and examination at any time.

There are measures to ensure information safety, information security, and information management for the general electronic information website, including:

• Public information management process: Determine the scope of information sources to be exploited, and management mechanism, and check information before and after posting;
• Source control mechanism, ensuring that the posted summary information is accurate according to the source information;
• Ensure the security of users’ data;
• Coordination mechanism to be able to immediately remove violating content no later than 03 hours after self-discovery or upon request from the Ministry of Information and Communications or the licensing authority (in writing, phone, email).

Approval for citing sources by organizations operating in the field of journalism: Approval for citing sources must be in writing.

Application for a License to establish a general electronic information website

Quantity: 02 sets of documents (01 set submitted to the licensing authority – Department of Information and Communications of provinces and centrally-run cities, 01 set kept at the company).

• Application (Form 23 Appendix I Decree 72/2013/ND-CP amended and supplemented by Decree 27/2018/ND-CP 0
• Copy of legal documents of business trader .
• Project activities
• Approval documents from organizations providing information sources to ensure the legality of the information source. Organizations providing information sources in the press field are usually units such as newspaper and magazine editorial offices.

Note :

The decision to establish must have functions and tasks appropriate to the field of information exchange on the general electronic information website;

The project of operation has the signature and seal of the head of the organization or enterprise requesting the license, including the main contents:

• Purpose of providing information;
• Information content, expected categories;
• Official sources, home page, and main section pages;
• Plan for organizing human resources, technology, information management, and finance to ensure the operation of the general electronic information site following the provisions at Points b, c, d, and dd, Clause 5, Article 23, Decree 27/2018/ND-CP;
• Information on server location in Vietnam;

Process and procedures for granting a license

• The application for a license for a general electronic information website must be submitted directly or by post to the competent licensing authority: Department of Information and Communications of provinces and centrally-run cities.
• Licensing period: 10 administrative working days from receipt of valid application.
• License validity period: License is granted for a maximum of 10 years and can be renewed no more than 02 times; each time not exceeding 02 years.

Note on reporting regime after being granted a License to establish a general electronic information website

• Subject of report submission: Organizations and enterprises setting up a general electronic information website
• Periodic report content according to the form of the Ministry of Information and Communications
• Reporting deadline:
  • Implement a periodic reporting regime once a year and ad hoc reporting as required by competent state management agencies.
  • Organizations and enterprises that establish general information websites and general information websites are responsible for submitting reports before January 15 every year.
• Form of submitting reports: Organizations and enterprises that set up a general electronic information page send reports by post or directly to the Ministry of Information and Communications (Departments of Information and Communications of provinces and centrally-run cities).

Required Documents to provide to carry out procedures for granting a license

• Notarized copy of Enterprise Registration Certificate/Investment Certificate;
• Certificate of registration or domain name purchase contract;
• Information about the content management department and technical management department of the general information website (qualifications, training certificates, personal information, etc.);
• Technical solutions to ensure the operation of the general electronic information website;
• Server purchase or lease agreement;
• View the homepage and sections of the general information website;
• Business contact information: phone number, email of the business, and person in charge of management.
• Approval documents from organizations providing information sources to ensure the legitimacy of the information source.

In case you use Luat Viet An’s Social Network License service, you only need to provide us with the following documents:

• A valid copy of one of the following documents: Business Registration Certificate, Investment Registration Certificate, Establishment Decision (or a valid copy of a Certificate or other equivalent valid license issued before the effective date of the Investment Law 2014 and the Enterprise Law 2014).
• A valid copy of the domain name registration certificate or the domain name provision contract with the extension “.vn” of the enterprise with a remaining validity period of at least 06 (six) months at the time of license application.
• Certified copy of Equipment Space Lease Agreement
• Website IP address
• Content manager information: University degree (if available) and personal identification documents of the content manager.
• Technical Manager Information: University degree in information technology and technical manager’s certification.
• Demo of the homepage and categories of general information website.
• Technical solutions to ensure the operation of the general electronic information website.
• Approval documents from organizations providing information sources to ensure the legality of information sources.

Consulting service for granting licenses for general electronic information website of Viet An Law Firm

• Consulting on conditions for registration for a general electronic information site license;
• Consulting on preparing documents and information to complete the application procedure for granting a license for a general electronic information site;
• Drafting documents and project proposals to apply for a license for a general electronic information site;
• On behalf of the enterprise, carry out procedures to apply for a license for a general electronic information site;
• Exchange and provide information to clients in the process of granting a license for a general electronic information site;
• Receive and return to the client the General Electronic Information Site License;
• Consulting on legal procedures after being granted a license for a general electronic information site.

For any questions related to business licenses, business sub-licenses, and establishing businesses in conditional industries, please contact Luat Viet An for the most timely support.

Updated: 9/2024