This regulation on the provision of cross-border information (the "Regulations") includes regulations related to the obligation to provide cross-border information arising from and/or related to the Customer's use of services provided by Vina Data Information Technology - Service Joint Stock Company ("GreenNode") and the Customer.
SCOPE OF APPLICATION
This Regulation applies to Customers who use GreenNode's products/services related to:
1.1. Data storage/space leasing in Vietnam; or
1.2. The total number of regular visits from Vietnam in 01 month (average statistics in 06 consecutive months) is 100,000 (one hundred thousand) or more.
REGULATIONS RELATED TO THE PROVISION OF CROSS-BORDER INFORMATION
2.1. Customers within the scope of application mentioned above shall have the following responsibilities:
(a) Notify contact information to the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) as prescribed in Section II.2 below within 60 days from the time of using the data storage space rental service in Vietnam or meeting the number of visitors as prescribed in Section I.2 above;
(b) Examine, supervise and remove information, services and applications in violation of the law specified in Article 8 of Law No. 24/2018/QH14 promulgated by the National Assembly on June 12, 2018 ("Law on Cyber Security");
(c) Preventing and removing information, services and applications in violation of the law specified in Article 8 of the Law on Cyber Secsurity and relevant provisions of law at the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws, according to the handling process specified in Section II.3 below;
(d) Implement content cooperation agreements with Vietnamese press agencies when providing information quoted from Vietnamese press on the basis of regulations on intellectual property;
An agreement on cooperation in content between foreign organizations, enterprises and individuals providing cross-border information with Vietnamese press agencies must contain the following basic information: Duration of the agreement; scope, content to be used and responsibilities of each party; methods/forms of benefit payment;
In case the two parties fail to reach a cooperation agreement, foreign organizations, enterprises and individuals providing cross-border information are not allowed to use or display information referred from Vietnamese press agencies;
(e) Store information of service users from Vietnam when registering a social network account (if applicable), including: Full name, date of birth, mobile phone number in Vietnam (or personal identification number); In case the user of social network services is a child (under 16 years old), the child's parent or civil guardian shall register an account with the information of the child's parent or guardian under the child's civil law and supervise, manage the content of children accessing, posting and sharing information on social networks;
Provide information of service users in Vietnam to the Ministry of Information and Communications, the Ministry of Public Security and competent agencies upon written request to serve the state management, investigation and handling of violations of the law on management, provision and use of Internet services and information on the network; ensure that service users have the right to decide whether or not to allow foreign organizations, enterprises and individuals to provide cross-border information to Vietnam to use their information for the purpose of promotion, communication or provision to other organizations and individuals; delete information of service users after the expiration of the storage period in accordance with law.
(f) Verify the accounts of social network service users with mobile phone numbers in Vietnam. Only in case the user confirms that he or she does not have a mobile phone number in Vietnam, foreign organizations, businesses and individuals providing social networking services shall authenticate their accounts with their personal identification numbers in accordance with the law on electronic identification and authentication.
In case users of social networking services use the livestream feature for commercial purposes, foreign organizations, businesses and individuals providing social networking services shall authenticate their accounts with their personal identification numbers in accordance with the law on electronic identification and authentication.
Ensure that only verified accounts can post information (write posts, comments, livestream) and share information on social networks;
(g) Foreign organizations, enterprises and individuals providing services are responsible for classifying and displaying warnings of contents that are not suitable for children; Implement solutions to protect children in the online environment in accordance with the law on child protection;
(h) Having tools by electronic means to receive and handle complaints from service users about contents and services;
(i) Within 48 hours after receiving complaints from service users in Vietnam about the contents of violating Article 8 of the Law on Cyber Security, foreign organizations, enterprises and individuals providing cross-border information must prevent or remove the contents, services, etc application in violation of the law.
For complaints about the lawful rights and interests of service users in Vietnam, the provisions of law on protection of consumer rights, intellectual property and other relevant regulations shall be complied with;
(j) Foreign organizations, enterprises and individuals providing application repositories must remove applications that violate the law at the request of the Ministry of Information and Communications, the Ministry of Public Security and competent agencies; comply with the provisions of Vietnam's payment law; request enterprises providing online electronic game services to players in Vietnam to provide the Decision on online release of G1 electronic games or the Certificate of notification of online release of G2, G3 and G4 online electronic games when uploading electronic games to the application store. Enterprises providing online electronic game services must be responsible for the truthfulness of the information and documents they provide to the application repository;
(k) Describe the process and method of distributing content on their social networks and publicly announce it in the Service Agreement/Community Standards to users to choose to use the service;
(l) Providing tools to search and scan content at the request of the Ministry of Information and Communications and the Ministry of Public Security;
(m) To coordinate with the Ministry of Information and Communications in providing information and disseminating the provisions of Vietnamese law related to the provision and use of the Internet and information on the Internet, and the safety of network information to service users in Vietnam;
(n) Comply with the provisions of Point c, Clause 6, Article 24 of Decree 147/2024/ND-CP issued by the Government on November 9, 2024 ("Decree 147") when providing social network services;
Only foreign organizations, businesses and individuals that provide cross-border information to service users in Vietnam who have notified their contact information to the Ministry of Information and Communications may be provided with the livestream feature or provide activities that generate revenue in any form;
(o) In case of establishment of a representative office or enterprise in Vietnam:
Representative offices shall coordinate in receiving and promoting foreign organizations and enterprises to provide cross-border information on their behalf at the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws on content handling. services and applications that violate the law in the provision of cross-border information to service users in Vietnam;
Enterprises in Vietnam shall be responsible for receiving and coordinating with the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws to handle contents, services and applications that violate the law in the provision of cross-border information to service users in Vietnam;
(p) Make periodic reports no later than November 25 of each year on the provision of services to users in Vietnam or irregular reports related to national security issues, social order and safety, emergency situations upon written request or via electronic means of the Ministry of Information and Communications (Department of Information and Communications radio, television and electronic information).
Reports shall be sent directly or through postal services to the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) or sent by e-mail to report_abei@mic.gov.vn address or sent on the online public service system of the Ministry of Information and Communications.
In case of sending via email or on the online public service system of the Ministry of Information and Communications, a digital signature must be obtained in accordance with the law on electronic transactions.
2.2. Information and form of notification:
(a) Foreign organizations, enterprises and individuals shall notify information to the Ministry of Information and Communications (Department of Radio, Television and Electronic Information) according to Decree 147;
(b) Notices shall be sent directly or through postal services to the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) or sent by e-mail to report_abei@mic.gov.vn address or sent on the online public service system of the Ministry of Information and Communications.
(c) In case of sending via email or on the online public service system of the Ministry of Information and Communications, a digital signature must be obtained in accordance with the law on electronic transactions.
(d) Within 10 days after receiving the notice, the Ministry of Information and Communications (the Department of Radio, Television and Electronic Information) shall send the certificate to the organization or enterprise.
2.3. Process of handling content that violates the law
Foreign organizations, enterprises and individuals shall carry out the process of handling law-violating contents, services and applications as follows:
(a) For the prevention and removal of illegal contents, services and applications, foreign organizations, enterprises and individuals shall do so within 24 hours after receiving a written request or via electronic means of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws.
(b) For social network accounts, community pages, community groups, and content channels that regularly provide illegal content (at least 05 times in 30 days, or at least 10 times in 90 days, the Ministry of Information and Communications The Ministry of Public Security requests to prevent and remove), foreign organizations, enterprises and individuals shall temporarily block accounts, community pages, community groups and content channels from being accessed by users in Vietnam within 24 hours after receiving a written request or via electronic means of the Ministry of Information and Communications, The Ministry of Public Security or competent agencies in accordance with specialized laws. The temporary lockout period is from 07 days to 30 days, depending on the number and severity of violations.
(c) At the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws, foreign organizations, enterprises and individuals shall permanently block accounts, community pages, community groups and content channels that are not accessible to users in Vietnam when posting content infringing upon national security or have been temporarily locked 03 times or more.
(d) For online applications that violate Vietnamese law, foreign organizations, enterprises and individuals providing application repositories shall prevent and remove applications that violate the law within 24 hours from the written request of the Ministry of Information and Communications The Ministry of Public Security or competent agencies in accordance with specialized laws.
(e) Foreign organizations, enterprises and individuals shall be responsible for promptly preventing and removing contents infringing upon Vietnam's national security within 24 hours at the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws.
(f) In case foreign organizations, enterprises and individuals fail to comply with the provisions of Clause 3 of this Article or fail to promptly prevent and remove contents infringing upon Vietnam's national security at the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws, the Ministry of Information and Communications The Ministry of Public Security will implement technical measures to prevent all content, services and applications on the network from violating and implement measures to sanction administrative violations according to regulations. Preventive measures may only be removed after violations have been handled by foreign organizations, enterprises and individuals at the request of the Ministry of Information and Communications, the Ministry of Public Security or competent agencies in accordance with specialized laws.
