Contents of Administrative procedures - Department of Information and Communications

Procedure Issuing License for establishing Internet Content Provider (ICP)
Process

- Citizen/organization prepares dossier according to the law.
- Citizen/organization selects one option to submit dossier.
One Stop Shop of the Department of Information and Communications receives and checks the dossier.
If the dossier is complete and valid, One Stop Shop will accept it and issue a receipt with an appointment of the time and date for return of the result.
If it remains incomplete, the applicant will be advised to add.
- Citizen/organization receives result on the date noted in the receipt at One Stop Shop section or via postal service.
Note:
Dossiers submitted via postal services are received and handled only if they meet following requirements:
- Papers are notarized according to the law;
- Contact information is included;
- Citizen/organization fills in the Registration form for receiving result of administrative procedures via postal service, and submit it together with the dossier.

Where to submit Where to submit dossiers: Option 1: The dossier can be submitted directly at the One Stop Shop of Department of Information and Communications, 185 Giang Vo Street, Dong Da District, Ha Noi - Option 2: Dossier can be submitted via postal service to One Stop Shop of the Department of Information and Communications, 185 Giang Vo Street, Dong Da District, Ha Noi - Option 3: Dossier can be submitted online on website of the Department of Information and Communications (www. ict-hanoi.gov.vn)
Contents and number of the dossier

Dossier components:
- Application form for the License for establishing Internet Content Provider (ICP) (Form No. 1);
- Copy (attached with original paper for verification)/ or certified copy of one of the following papers: Business Registration Certificate (for enterprises founded according to Business Law) (*), Investment Certificate (for enterprises founded according to Investment Law); Establishment Decision (for organizations which are not enterprises); operation charter (for associations and unions). The Business Registration Certificate, Investment Certificate and Establishment Decision must indicate sector, business field or function and mission in conformity with the content provided in ICP;
- Copy of diploma of university or higher education (attached with original paper for verification)/ or certified copy of diploma of university or higher education; curriculum vitae of the person responsible for content management (attached with his/her passport photo, and stamped and validated by competent state agencies) (**);  
- Project on establishing ICP with signature and stamp of leader of the enterprise/organization applying for the License. The project shall include following content:
+ Purpose of providing information, content of the information, columns, legal information resources, information processing, organization, personnel, financial capability, print-out of homepage and main columns;   
+ Way to provide or exchange information (website, forum, blog, etc.);   
+ Technical and professional measures to guarantee supply and management of information, ensure information safety and security;
+ Server location in Viet Nam;
+ Domain to be used. In case of using the domain “.vn”, it must be valid for at least six months more since the time of application. In case an international domain is used, it must be informed to the Ministry of Information and Communications according to Decree 72/2013/ND-CP dated July 15, 2013 of the government on management, supply and use of Internet services and information in internet;
- Copy (attached with original paper for verification)/ or certified copy of written agreement of information providers in order to ensure the legality of information resources.   
Note:
(*) If enterprises have already publicized information on the National portal for enterprises registration (https://dichvuthongtin.dkkd.gov.vn), they do not have to submit certified copy/ or copy attached with original paper of  enterprises registration certificate. If the enterprises do not publicized their information on the portal yet, they must add these papers.
(**) According to requirement of the administrative procdure, if leader of the organization/enterprise assigns his/her deputy leader to take responsibility for content management, there must be a document of authorization/ letter of assignment (official letter, decision or letter of authorization).
 
Number of dossier: 01 set
Note: License is not required for following ICPs:
According to Clause 1, Article 2, Circular 09/2014/TT-BTTTT dated August 19, 2014 of Ministry of Information and Communications on detailing the management, supply and use of information on ICP and social network, the License is not required for following ICPs:
- Internal ICP (under Clause 3, Article 20 of Decree 72/2013/NĐ-CP): ICP of the agency/organization/enterprise, which provides information of functions, rights, missions, apparatus, services, field of business and other information, and serves this agency/organization/enterprise without providing internet content;
- Personal ICP (under Clause 4, Article 20 of Decree 72/2013/NĐ-CP): personal ICP set up by an individual or set up by the use of social network, aiming to provide, exchange information of that individual; it doesnot serve as representative for any organization or other individual, and does not provide internet content;
- ICP of state agencies (Clause 10 of Decree 43/2011/NĐ-CP);
- Specialized ICP (under Clause 5, Article 20 of Decree 72/2013/NĐ-CP): ICP of organization/agency/enterprise which provides application services in the field of telecommunications, information technology, radio, television, trade, finance, banking, culture, health care, education and other sectors; it does not provide general internet content;
- Internal forum for exchanging internal information relating to function, mission, right, apparatus, service, product and field of business of that organization/agency/enterprise.

Processing duration 15 working days since receiving valid and complete dossier
Objects Organization/business holding the Establishment Decision/ or Operation License/ or Operation Registration issued by competent state authorities of Ha Noi; vertically organized system of subordinate organizations under the Central Government located in Ha Noi (organizations in the state system, political organizations, social-political organizations, social organizations, state-owned enterprises); universities, academies, colleges, educational establishments, vocational training facilities headquartered in Ha Noi; businesses licensed by the state agency under Central Government and headquartered in Ha Noi; subordinate units of the groups headquartered in Ha Noi
Competent agency Department of Information and Communications
Outcome License for establishing ICP
Fee None
Form/Declaration

Application form for License to establish and operate ICP (Form No. 1)

Other requirements 1.1. Organization/enterprise is established and operates in accordance with Vietnamese laws, and its field of business/ or functions and duties are in conformity with content of the information to be provided; 1.2. Human resources meet following requirements: - For staff responsible for content management + Leader of the organization/enterprise takes responsibility for managing information on the ICP; + Person responsible for content management must graduate from a university or higher, and have Vietnamese nationality. In case of foreigner, he/she must have temporary address in at least six months in Viet Nam; + Person responsible for content management must provide his/her telephone number, e-mail address to state authority under the Central Government and local authority; + Head of the enterprise/organization can assign the task of content management to his/her deputy head; + Organization/ enterprise establishing the ICP must found a management board of information content. - Requirements for technical staffs: + Technical department has at least one person meeting requirements stipulated at (g) and (h) of Clause 2, Article 2, Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications on standard IT skills. 1.3. Domain requirements - For organizations and enterprises that are not press agencies, characters of the domain name is not similar or identical with names of press agencies; - ICP and social network of an organization/enterprise cannot use the same name; - ICP for which license is required must use at least one domain “.vn”, and record the information in server system with with IP address in Viet Nam; - Domain name has at least six months of validity from the date of applying for license, according to Ministry’s Information and Communication’s regulations on internet resources management and use 1.4. Capabilities of finance, technique, organization, human resources in conformity with scale of operation - The organization/enterprise applying for ICP license must have financial plan to set up technical system and guarantee its operation during the period when the license is effective; - Technical requirements: + Archiving the content of information in at least 90 days from the publication date; archiving information record for published information in at least two years; + Receiving and handling users’ reports of violation; + Detecting, warning and preventing illegal access, cyber attack, and complying with requirements of information security; + Having contingency plan to ensure safe, smooth operation and handle incident, except for force majeure cases according to the law; + Having at least one server in Viet Nam which can be inspected, checked, archive and supply information in all ICPs owned by the organization/enterprise. 1.5. Measures to guarantee information safety and security - Having procedures to manage public information: identifying domain of the information resources, process of managing and checking the information before and after it is published; - Having process to control information resources and ensure accuracy of the published information; - Having coordination process to eliminate the content that violated Clause 1, Article 5 of Decree 72/2013/ND-CP in maximum three hours after it is reported or state authorities send request (via phone, via e-mail or document).
Legal basis

- Press Law 2016;
- Government’s Decree 72/2013/ND-CP dated July 15, 2013 on managing, providing, using internet services and information on internet.
- Ministry of Information and Communications’ Circular No. 09/2014/TT-BTTTT dated August 19, 2014 on detailing management, supply, use of information on ICP  and social network;
- Circular No. 24/2015/ TT-BTTTT dated August 18, 2015 of the Ministry of Information and Communications regulating the management and use of Internet resources.