Contents of Administrative procedures - Department of Information and Communications

Procedure Applying for the License for establishing Internet Content Provider (ICP) under authority of Department of Information and Communications (administrative procedure at level 3)

- The organization prepares dossier according to the law.   
- The organization submits the dossier to One Stop Shop of Department of Information and Communications. The One Stop Shop receives and checks the dossier.  
If the dossier is complete and valid, One Stop Shop will accept it and give the organization a receipt with an appointment of the time and date for return of the result.  
If the dossier remains incomplete, the organization shall be advised to add.   
- The organization receives result on the date noted in the receipt.  
Time for receiving dossiers and returning results: 8-11AM, 1.30-4.30PM every weekday

Where to submit - The dossier can be submitted directly at the One Stop Shop, 185 Giang Vo Street, Dong Da District, Ha Noi or submitted to clerk. One Stop Shop shall inform about dossiers submitted to clerk in office within 10 days. After this time, if citizen/ organization do not show up to submit dossier directly, dossier shall be archived in one month. After one month, it shall be discarded. - Otherwise, dossier of administrative procedures at level 3 can be submitted online on website of the Department of Information and Communications.
Contents and number of the dossier

* Dossier components:
- Application form for the License for establishing Internet Content Provider (ICP);
- 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 that are not enterprises); operation charter (for organizations and unions). Business Registration Certificate, Investment Certificate and Establishment Decision must specify sectors and business fields or functions, missions in conformity with content provided on ICP;
- Certified copy of the diploma or equivalent paper and curriculum vitae of the person responsible for content (attached with his/her passport photo 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 includes the following content:
+ Purpose of providing information, contents of the information, columns, legal information resources, information processing, organization, personnel, financial capability, print-out of the homepage and the main columns;   
+ Services used 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;
- Written agreements of information providers to ensure the legality of information resources.

* Number of dossier: 01 set

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

Application form for License  for establishing ICP (according to Appendix 1, Circular 09/2014/TT-BTTTT)

Other requirements 1.1. Organizations / enterprises are established and operate in accordance with Vietnamese laws. They engage in registered business activities or have functions / duties suitable to the contents of the website to be licensed; 1.2. Human resources meet following requirements: - Requirements for staff responsible for managing content of ICP: + Leader of the organization/ enterprise takes responsibility for managing information on the ICP; + Person responsible for the content must graduate from a university or equivalent, and have Vietnamese nationality. Foreigner must have temporary addresses in at least six months in Viet Nam; + Person responsible for the content must provide telephone number, e-mail address to state authority under Central Government and local authority for cooperation in necessary cases; + Head of enterprise/ organization can assign the task of content management to deputy head; + Organization/ enterprise establishing 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; - 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 - Organizations/ enterprises applying for ICP license must have financial plan to set up technical system and guarantee operation during effective period of license; - Technical requirements: + Archiving the content in at least 90 days from the publication date; archiving the processing of published information in at least two years; + Receiving and handling users’ reports of violation; + Detecting, warning and preventing illegal access, cyber attack; complying with requirements of information security; + Having contingency plans to ensure 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 or archive, supply information on all ICPs of the organization/ enterprise. 1.5. Plans to guarantee information safety and security - Having procedures of public information management: identifying domain of the information resources, mechanism of managing and checking the information before and after being published; - Having mechanism to control information resources and ensure accuracy of the published information; - Having coordination mechanisms to eliminate the content that violated Clause 1 of Article 5 of Decree 72/2013/ND-CP in maximum three hours after it is detected or state authorities send request by phone, e-mail or document.
Legal basis

- Decree 72/2013/ND-CP dated July 15, 2013 of the Government on managing, providing, using internet services and information on internet;

- Circular No. 09/2014/TT-BTTTT dated August 19, 2014 of the Ministry of Information and Communications on detailing management, supply, use of information on ICP and social network.

Administrative procedures