ICP License (Internet Content Provider) is a license to establish an electronic information site, which is a tool for the state to manage information and limit illegal and unofficial information. Previously, the ICP license was regulated by Decision 27/2002/QD-BVHTT issued in 2002. Still, it has now been updated and generally regulated by Decree 72/2013/ND-CP on the network’s management, provision, and use of Internet services and information. In particular, this is also one of the important licenses for all enterprises, organizations, and individuals who want to participate in building and developing websites on the Internet. So what are the conditions and procedures for applying for an ICP license? Viet An Law will provide information about what is the ICP License in Vietnam according to legal regulations in the following article.
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Conditions for granting ICP License to establish a general electronic information website
According to Article 23 of Decree 72/2013/ND-CP amended and supplemented by Decree 27/2018/ND-CP, the conditions for granting a License to establish a general electronic information website include:
Organizational and 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, and there must be a department to manage information content.
At the same time, there must be at least 01 information content manager and 01 technical manager.
Domain name conditions
For organizations and enterprises that are not press agencies, the character string that makes up the domain name must not be similar or identical to the name of the press agency.
A general electronic information website must use at least 01 “.vn” domain name and store information on a server system with an IP address in Vietnam.
The general information website and social network of the same organization or enterprise cannot use the same domain name.
Domain names 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
The technical equipment system of the general electronic information website must be capable of:
Storing at least 90 days for aggregated information content from the time of posting; store at least 02 years for posted information processing logs;
Receiving and processing warnings of information violations from users;
Detecting, warning, and preventing illegal access, attacks on the network environment, and complying with information security standards;
Ensuring that there is at least 01 server system located in Vietnam, allowing at any time to respond to inspection, examination, storage, and provision of information on all electronic information pages and social networks owned by the organization or enterprise.
Conditions on information content management
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;
Coordination mechanism to be able to immediately remove content that violates Clause 1, Article 5 of Decree 72/2013/ND-CP no later than 03 hours after self-discovery or request from the Ministry of Information and Communications or licensing authority (in writing, phone, email).
Rights and obligations of organizations and enterprises establishing electronic information pages
According to Article 24 of Decree 72/2013/ND-CP, the rights and obligations of organizations and enterprises establishing a general electronic information website are as follows:
Setting up a general electronic information page and providing general information to the public according to the provisions of the Law;
Having at least 01 server system located in Vietnam to meet the requirements of inspection, examination, storage, and provision of information at the request of competent state management agencies and to resolve customer complaints;
Developing a public information management process;
Checking, monitoring, and removing public information with violating content immediately upon self-discovery or written request from a competent state management agency;
Complying with the provisions of the Law on Intellectual Property relating to the provision and use of information;
Storing aggregated information for at least 90 days from the time the information is posted on the aggregated electronic information page;
Reporting according to regulations and be subject to inspection and examination by competent state management agencies.
Authority to grant license to establish electronic information site
Pursuant to Clause 8, 9, Article 23 of Decree 72/2013/ND-CP (amended by Decree 27/2018/ND-CP), the authority to grant a license to establish an electronic information page belongs to:
The Department of Radio, Television and Electronic Information Management – Ministry of Information and Communications grants licenses to establish a general electronic information website for:
Press agencies, diplomatic and consular agencies, organizations directly under the Central Government, and religious organizations legally operating in Vietnam;
Foreign Government and non-governmental organizations legally operating in Vietnam;
Department of Information and Communications and other agencies and organizations as prescribed by the Ministry of Information and Communications.
The Department of Information and Communications grants licenses to establish a general electronic information website for organizations and enterprises that are not under the licensing authority of the Department of Radio, Television and Electronic Information Management – Ministry of Information and Communications.
Enterprises and organizations wishing to establish electronic information equipment shall prepare documents according to Clause 1, Article 23d of Decree 72/2013/ND-CP, including:
Application for a ICP License according to Form 23 Appendix I Decree 27/2018/ND-CP.
A valid copy of one of the following documents: Enterprise registration certificate, Investment registration certificate, Establishment decision (or a valid copy of a valid equivalent certificate or license issued before the effective date of Investment Law No. 67/2014/QH13 and Enterprise Law No. 68/2014/QH13); Charter of operation (for associations and unions).
Operational plan
Approval documents from organizations providing information sources to ensure the legality of information sources
Step 2: Submit application
After preparing all required documents, the business organization shall apply to the competent licensing authority.
Submit application methods:
In person;
By post;
Online
Step 3: Application processing
In case the application is valid, within 05 days, the Department of Information and Communications of the provinces and cities shall be responsible for appraising and transferring the application along with the written request for a license to the Ministry of Information and Communications for consideration and issuance of a license under the provisions of law.
In case the application does not meet the Conditions, the Department of Information and Communications shall issue a written response stating the reasons.
Step 4: Return results
Within 10 working days from the date of receipt of valid documents, the competent authority shall consider granting a license to establish a general electronic information website. In case of refusal, the competent authority shall issue a written response stating the reasons.
Penalty for not having an ICP License
Pursuant to Clause 3, 4, 5, Article 98 of Decree 15/2020/ND-CP, the fine ranges from VND 50,000,000 to VND 70,000,000 for the act of establishing a social network without a license.
At the same time, confiscate the exhibits and means of administrative violation and force the revocation or return of the domain name due to the act of establishing an electronic information page without a license.
Above is all the information about what is the ICP License in Vietnam. If you have any questions or need legal support about the license to establish an electronic information site, please contact Viet An Law for the best support!
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