THE LICENSE OF NEWS WEBSITE

With the rapid development of the Industrial Revolution as well as the current digital technology, people find it easy to access many.sources of information through the news websites. Because of their helpfulness in elaborating funds of knowledge and exchanging cultures from all over the world, news websites have.become very popular in the past couple decades. The license of news website

More and more Vietnamese enterprises set up news websites with commercial purposes. However, due to the importance of information.on the website, there are some specific regulations to control the activities of enterprises.in this field.

Having supported many enterprises in setting up news websites, LawPlus would.like to present some main points of law relating to the procedure.of applying for the license of news website.

I. What is a news website?

According to Clause 20, Article 3 of the Press Law 2016:

“Website is the information product with journalistic characteristics of the agencies, organizations and businesses, which provides general information.on the basis of posting the link to access.the journalistic information sources or provide verbatim and accurate quotation.of journalistic information sources in.accordance with regulations of law on intellectual property.”

In addition, Clause 2, Article 20 of Decree 72/2013/ND-CP on management, provision and use of internet services and.online information stipulates:

“News websites are websites of organizations and enterprises that post news cited from official.sources, specify the authors or managing agencies of the official.sources, and the time when such information is posted.”

In conclusion, a news website is an information product that fulfill the.following requirements:

– Having  journalistic characteristics;

– Setting up by agencies, organizations or enterprises;

– Posting the link to access the journalistic information sources or provide.verbatim and accurate quotation of journalistic information sources;

– Specify information about:

  • The authors or managing agencies of the.official sources,
  • The time when such information is posted.

II. Conditions for applying for a license

Clause 5, Article 23 of Decree 72/2013/ND-CP on Management, provision and use of internet services and online .information amended by Point a, Clause 7, Article 1 of Decree 27/2018/ND-CP, Article 2 of Decree 150/2018/ND-CP stipulates:

Every organization or enterprise shall be issued with the license to establish news websites or.license to establish social networking sites when the conditions.below are satisfied:

1. It is established under Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information.posted on the national business registration portal;
2. It has qualified personnel as follow

a) Conditions for personnel in charge of content management.

– There is at least 1 employee in charge of contents who is a Vietnamese or a foreigner obtaining a temporary.residence card issued by competent authority remaining valid for at least 6 months in.Vietnam from the date of submission;

– There is a division in charge of contents.

b) Conditions for technical personnel:

There are at least 01 employee in charge of contents and at least 01.employee in charge of technical management

3. The domain names to establish the news website of social networking site are registered and conformable as follow:

– An organization or enterprise other than a news agency may not choose a string of domain names similar.or identical to the name of a news agency.

– The news website or social networking site must use at least 1 “.vn” domain name and store information in.the DNS servers with IP addresses in Vietnam.

– The news website and social networking site of the same organization or enterprise may not use the.same domain name which contains the same characters (including secondary domain names, e.g. forum.vnn.vn, news.vnn.vn are.domain names containing different characters).”

– The domain name must be compliant with regulations on.management and use of Internet resources. In case of international domain names, certification of using legal domain.names is required.

4. It meets the technical criteria as follow:

Creating a technical equipment system that satisfies the following requirements:

– With regard to news website: Contents of news shall be stored at least 90 days from the posting time; history.of posted news shall be stored at least 2 years;

– With regard to social networking sites: Details associated with accounts, log.in time, log out time, IP address of users and history of posted information shall.be stored at least 2 years;

– Receive and take actions against warnings of users’ violations;

– Detect, give warnings and prevent illegal access, types of network attack and conform to.information safety standards;

– Prepare a backup plan to maintain the safe and continuous operation and repair.breakdowns, except for force majeure events as per the law,

– Have at least 1 DNS server in Vietnam, facilitating the prompt inspection, storing, and supply of information in the whole of.a website or social networking site owned by the organization or enterprise as prescribed.in Points a, b, c, d and dd of this Clause d Article 23 Decree 72/2013/ND-CP.

5. It has measures for information safety, security and management as follow:

–  A procedure for public information.management is available; Determining scope of information resources.to be taken, mechanism for management and check of information before.and after posting;

– Specific mechanism is in place to in control news, ensuring that the news must.be as accurate as the source information;

– Specific cooperation mechanisms are in place to eliminate violations prescribed in.Clause 1 Article 5 of this Decree within 3 hours since they are found or upon request of the.Ministry of Information and Communications or licensing.authority (in writing, via phone or email).

III. Applications for license to establish news website

According to Clause 12, Article 1 of Decree 27/2018/ND-CP, an application for licensing shall be made in.1 set of documents which consists of:

– An application form for license to establish news website using Form 23 in Appendix I.issued attached to Decree 27/2018/ND-CP;

– A valid copy of one of the following documents, including copy extracted from master register, certified true copy or.copy enclosed with original: certificate of business registration, certificate of investment registration, establishment.decision (or valid copy of certificate, equivalent license issued before the date of entry into force.of the Law on Investment No. 67/2014/QH13 and Law.on enterprises No. 68/2014/QH13); charter of operation (in case of unions or associations).

– Its tasks and functions stated in establishment decision or charter of operation must be conformable with those specified in news website;

– An operation scheme bearing signature and seal of the applicant’s head, at least containing: Purposes of information.supply; contents, expected columns; official information sources, printed homepage.and key columns; personnel, technical, information management and finance plans which guarantees.the operation of news website in accordance with Points b, c, d and dd.Clause 5 Article 23 of this Decree 27/2018/ND-CP; place where DNS servers are located in Vietnam;

– A notification of acceptance of the information provider to justify that the.source of information is legitimate.

IV. Procedures for issuance of license to establish new websites

According to Clause 12, Article 1 of Decree 27/2018/ND-CP, procedures for issuance of.license to establish new websites consists of:

–  Application method:

An application for licensing shall be submitted.in person, by post or via Internet

– Application processing time:

Within 10 working days from the date on which a satisfactory application is received, the competent authority shall.consider issuing a license to establish a news website using Form No. 24 in Appendix I issued herewith. If  the authority competent refuse the application, an explanation must be provided in writing.

– Licensing authority:

Department of Information and Communications.

 

This is the analytical essay of LawPlus about Vietnam’s regulations.on application of licenses of news websites. Law Plus’s professional and experienced.lawyers are always ready to offer you the best legal assistance in creating.news websites. To receive the most timely, quality, effective and cost-effective advice, please contact LawPlus.via hotline +84 2862 779 399, +84 3939 30 522 or email info@lawplus.vn.

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