Vietnam's Internet Regulatory Document System in 1997 When Internet Services First Appeared in Vietnam:

Established in 1998... These organizations not only have technical authority but are also a source of norms used to guide the behavior of Internet users.

2.1.2 . International system of documents regulating the Internet

As mentioned above, global organizations established by countries are not only organizations that build specific technical standards but also regulate Internet relations. The following organizations have the authority to regulate the Internet sector:

a. Unesco

As a traditional authority in the field of scientific, cultural and educational development, it has many regulations and applications in the field of information technology and communications.

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b. ISO/IEC27002

Technical standards on information system security developed by the International Organization for Standardization

c. WTO

The organization ensures the free flow of international trade, including electronic commerce and certain agreements on information and communications services and products. 1994 The WTO drafts the TRIPS Agreement_ the Agreement on Trade-Related Intellectual Property Rights, which includes certain provisions on the protection of computer programs.

d. UNCITRAL

The United Nations International Trade Law Commission has developed a set of model laws in the field of electronic commerce, including the 2001 Model Law on Electronic Signatures, the 1996 Model Law on Electronic Commerce, and the 2005 United Nations Convention on the Use of Electronic Instruments in the Formation of International Contracts.

e. OECD

The Organization for Economic Cooperation and Development issued the 1980 guiding principles on data protection, the 1992 principles on information systems security, the 1998 general conditions for computing and policy guidelines to protect and enhance consumer autonomy in electronic commerce, 1999, and the 2008 guidelines for combating identity theft.

f. WIPO

The World Intellectual Property Organization has issued the CISAC and SECEM Regulations to regulate the protection of copyright, related rights and verification of works on the global digital network.

g. ITU

ITU's main activities cover all matters relating to telecommunications. ITU has three main areas of activity: ITU-R deals with broadcasting systems and equipment; ITU-T: Prepares technical regulations on postal and telecommunications systems, networks and services; ITU-D: Prepares recommendations, resolutions, guidelines, handbooks, reports, etc.

Vietnam has participated in ITU activities since 1976. Currently, the Ministry of Information and Communications is the representative of Vietnam at this organization. In ITU-T standardization activities, we have mainly focused on participating in sensitive areas that directly affect national interests such as billing and international payment (undertaken by SG3). In addition to SG3, we have begun to participate in SG4 activities on electromagnetic compatibility (EMC). Since 1996, the Vietnam Posts and Telecommunications Group has participated in conferences on World Telecommunication Standards (held every 4 years) and since 2002, has participated in the Telecommunications Standardization Advisory Group (TSAG).

In addition to the Regulations established by International Organizations, there are other International documents voluntarily signed by countries for the common good. These documents include points related to the fields of Technology and the Internet such as:

- TRIPs Agreement

- Universal Copyright Convention signed in Geneva 1952 (also known as the Berne Convention)

- International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention 1961)

- WIPO Copyright Convention adopted in Geneva 12/1996 (WCT Convention)

- WIPO Convention on Performances and Phonograms adopted at Geneva on December 20, 1996 (WPPT Convention)

- The Brussels Convention or Satellite Convention of 1974 relates to the distribution of programme-carrying signals transmitted by satellite.

- WTO regulations

The common characteristics of the Regulations established by international organizations are often in the category of "soft law" in the form of model laws, or recommendations, suggestions... for countries to consider and apply without being coercive.

The regulations established and issued by multinational organizations still have overlapping regulations, such as intellectual property issues under the jurisdiction of WIPO, but the regulations of the WTO or UNESCO are also mentioned.

2.1.3. Vietnam's Internet regulatory document system In 1997, when Internet services were available in Vietnam:

- Temporary regulations on management and establishment of Internet use in Vietnam issued together with Decree 21/CP dated March 5, 1997 of the Government.

- Joint circular of the Ministry of Home Affairs, Culture - Information and the General Department of Posts guiding the licensing of connection, provision and use of the Internet in Vietnam.

- Regulations on licensing to provide information on the Internet issued together with Decision No. 1110/BC dated May 21, 1997 of the Ministry of Culture and Information.

Along with more than 10 years of formation and development of the Internet, Vietnam has issued many documents regulating this field. Listed below:

- Decree 55/2001/ND-CP on management, provision and use of Internet services issued on August 23, 2001.

- Circular No. 04/2001/TT-TCBD of the General Department of Posts on management, provision and use of internet services and connection services;

- Post and Telecommunications Ordinance No. 43/2002/PL-UBTVQH10 was passed by the Standing Committee of the 10th National Assembly on February 25, 2002, effective from October 1, 2002;

- Decision No. 27/2002/QD-BVHTT dated October 10, 2002 of the Ministry of Culture and Information on promulgating the Regulations on management and licensing of information provision and establishment of electronic news sites on the Internet.

- Decision No. 33/2002/QD-TTg dated February 8, 2002 approving the "Vietnam Internet development plan"

- Decision No. 217/2003/QD-TTg dated October 27, 2003 of the Prime Minister on "management of postal and telecommunications prices and charges".

- Decision No. 71/2004/QD-BCA (A11) on ensuring safety and security in internet management and use activities in Vietnam...

- Decree No. 160/2004/ND-CP dated September 3, 2004 of the Government detailing a number of articles of the Ordinance on Posts and Telecommunications.

Up to this point, the system of documents currently regulating activities related to this field includes:

a. Related document system

- Press Law

- Information Technology Law

- High Technology Law

- Radio Frequency Law

- Law on electronic transactions

- Intellectual property law

- Law on publishing

- Law on protection of state secrets

- Copyright law

- Advertising law

- Decree 59/2006/ND-CP dated June 12, 2006 detailing the Commercial Law on goods and services prohibited from trading, restricted from trading and conditional trading

- Decree 63/2007/ND-CP regulating administrative sanctions for violations in the field of information technology

- Decree No. 90/2008/ND-CP on anti-Spam

- Decree No. 03/2000/CP dated February 3, 2000 guiding the implementation of a number of articles of the Law on Enterprises

b. Direct regulatory text system

- Telecommunications Law

- Decree No. 25/2011/ND-CP guiding the implementation of the Law on Telecommunications

- Decree No. 97/2008/ND-CP on management, provision and use of Internet services and electronic information on the Internet

- Circular 14/2010/TT-BTTTT detailing a number of articles of Decree 97/2008/ND-CP on management, provision and use of Internet services and electronic information on the Internet

- Circular No. 07/2008/TT-BTTTT guiding a number of contents on information provision activities on personal electronic information pages and electronic information on the Internet.

- Circular 09/2008/TT-BTTTT dated December 24, 2008 on management, provision and use of Internet resources

- Decree No. 28/2009/ND-CP regulating administrative sanctions for violations in the management, provision and use of Internet services and electronic information on the Internet.

- Joint Circular No. 02/2005/TTLT-BBCVT-BVHTT-BCA-BKHĐT on Internet agency management

- Joint Circular No. 60/2006/TTLT-BVHTT-BCVT-BCA (Circular 60) on online game management

In addition, the Vietnamese government also issued the following planning and strategic documents and decisions:

- Decision No. 33/2002/QD-TTg approving the Vietnam Internet Development Plan for the 2001-2005 period

- Decision No. 32/2006/QD-TTg dated February 7, 2006 approving the Plan for development of telecommunications and Internet in Vietnam until 2010

- Decision No. 158/2001/QD-TTg dated October 18, 2001 approving the "Strategy for developing Vietnam's Post and Telecommunications to 2010 and orientation to 2020".

- Decision No. 698/QD-TTg dated June 1, 2009 Approving the Master Plan for Information Technology Human Resource Development to 2015 and Orientation to 2020

- Decision No. 246/2005/QD-TTg dated October 6, 2005 Approving the strategy for developing information technology and communications in Vietnam to 2010 and orientation to 2020

- Directive 07/CT-BBCVT dated July 7, 2007 on the Strategic Orientation for the Development of Information Technology and Communications in Vietnam for the period 2011 - 2020 (referred to as "Take-off Strategy")

- Decision No. 1755/QD-TTg dated September 22, 2010 approving the project "Making Vietnam soon become a strong country in Information Technology and Communications".

In addition, there is a system of other mechanisms, policies and documents of the Ministry of Posts and Telecommunications and joint documents between the Ministry of Posts and Telecommunications and related Ministries and Sectors regulating specialized fields, and documents issued by local Provinces and Cities to manage local Internet services such as Decision No. 15/2010/QD-UBND dated April 26, 2010 of the Hanoi People's Committee regulating the management, provision and use of Internet services at Internet agents in Hanoi.

2.2. GENERAL ASSESSMENT OF VIETNAM'S INTERNET REGULATORY DOCUMENT SYSTEM

2.2.1. For objective needs

During more than half a century of existence and development, the Vietnamese State has issued a large number of legal documents to govern and manage society and the State. State management by law is a very important principle and has been expressed in the Vietnamese Constitution - the fundamental law of the State. The Internet field is no exception to the above laws and principles.

In the world, the Internet has been used since the 1980s. In Vietnam, the Internet was not known until the 1990s and it was not until the end of 1999 that the Internet officially came into use when the Vietnam Posts and Telecommunications Corporation

Vietnam Post and Telecommunications Group (now Vietnam Posts and Telecommunications Group) launched Internet services and connected to the world network on November 19, 1999.

In the legal field, to "anticipate" the above event as well as to establish a legal corridor to manage this field since March 1997, the Vietnamese Government issued the Temporary Regulations on management and establishment of Internet use in Vietnam, issued together with Decree 21/CP dated March 5, 1997 of the Government. These were the first documents of the State to manage the Internet field. And since then, in the development process of Internet services, the State has issued many legal documents to manage this field to meet practical management requirements, this can be clearly seen in section 2.1.3 of this thesis, the system of Vietnamese documents regulating the Internet. The documents focus on regulating three major issues in the Internet field, which are the management, provision and use of the Internet; licensing of activities in the field of journalism, specifically electronic newspapers, and electronic information websites and online games, and documents related to the development orientation of the Vietnamese Internet.

In general, Vietnam has issued a system of documents regulating Internet relations that is relatively complete and objectively appropriate. However, according to the laws of life, society is always developing, daily social issues arise new factors that require legal documents to respond and adjust promptly, so specialized agencies managing the Internet sector are continuing to research to perfect the mechanism and policies for managing information on the Internet to meet the requirements of real life, contributing to improving the effectiveness of state management in this field, at the same time perfecting more theoretical issues as well as technical processes through reviewing and systematizing legal documents on the Internet will have a great effect, supporting the management activities of this field in the future.

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