Hello lawyer. I want to apply for a license to set up a general website but don’t know how to do it? Can a lawyer provide me with the latest documents and procedures for licensing the establishment of a general website? According to current legislation, how is this issue regulated? Looking forward to having a lawyer answer your questions. I sincerely thank!”
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Legal grounds
Decree 27/2018/ND-CP;
Decree 72/2013/ND-CP;
Decree 150/2018/ND-CP.
Consulting content
Conditions for granting a license to set up a general website
Conditions for licensing are specified at Point a, Clause 7, Article 1 of Decree 27/2018/ND-CP. As follows:
An organization or enterprise shall be granted a license to set up a general website when fully meeting the following conditions:
- Being an organization or enterprise established under Vietnamese law with a registered function, task or business line in accordance with the service and information provided and posted on the National Portal. on business registration;
- Having an organization and personnel that meets the requirements of Article 23a of this Decree;
- Having registered the domain name used to set up the general website and social network and satisfying the provisions of Article 23b of this Decree;
- Satisfy the technical conditions as prescribed in Article 23c of this Decree;
- Take measures to ensure information safety, information security and information management as prescribed in Article 23d of this Decree.
Dossier for granting a license to set up a general website
In order to be granted a license to set up a general website, it is necessary to prepare all documents in accordance with the law. Clause 12, Article 1 of Decree 27/2018/ND-CP stipulates the application file for a license as follows:
- An application form for a license, made according to Form No. 23 in Appendix I to this Decree;
- A valid copy includes a copy issued from the original book or a certified copy or a copy compared with the original of one of the following papers: Certificate of Business Registration, Certificate of Investment Registration, Establishment Decision (or valid copy of Certificate, other valid equivalent license issued before the effective date of Law on Investment No. 67/2014/QH13 and Law on Enterprise No. 68/2014/QH13) ; Operational charter (for associations and mass organizations).
The establishment decision or the operation charter must have functions and tasks consistent with the information provided on the general website; - Operational plan signed and sealed by the head of the organization or enterprise applying for the license, including the following main contents: Purpose of providing information; information content, expected categories; official news sources, printed pages of the main page and main sections; the personnel, technical, information management and financial plan to ensure the operation of the general website in accordance with the provisions of Points b, c, d, and dd, Clause 5, Article 23 of Decree No. this provision; information on the location of the server system in Vietnam;
Written consent of the organization providing the source to ensure the legitimacy of the source.
Procedures for granting a license to set up a general website
The process and procedures for granting a license to set up a general website are as follows:
– Within 10 working days from the date of receipt of a valid application, the competent authority shall consider and issue a permit using Form No. 24 in Appendix I to this Decree. In case of refusal, the competent authority shall reply in writing, clearly stating the reason.
– Within 05 working days after receiving valid dossiers from local press agencies, the Departments of Information and Communications of provinces and cities are responsible for appraising and transferring the dossiers attached to the documents. a written request for a license to the Ministry of Information and Communications (the Department of Radio, Television, and Electronic Information) for consideration and licensing in accordance with the law. In case the application does not meet the conditions, the Department of Information and Communications will reply in writing, clearly stating the reason.
Rights and obligations of organizations and enterprises setting up general websites
Rights and obligations of organizations and enterprises setting up general websites are specified in Article 24 of Decree 72/2013/ND-CP as follows:
Organizations and enterprises that set up general websites have the following rights and obligations:
– To set up a general website and provide general information to the public according to the provisions of law;
– Having at least 01 server system located in Vietnam to meet the inspection, examination, storage and provision of information at the request of competent state management agencies and settle customer complaints. for the provision of services according to regulations of the Ministry of Information and Communications
– Develop a process for public information management;
– Inspect, supervise and remove public information with content violating the provisions of Article 5 of this Decree as soon as it is discovered by itself or at the request of a competent state management agency in writing;
– Comply with the provisions of the law on intellectual property related to the provision and use of information;
– Store aggregated information for at least 90 days from the time the information is posted on the general website;
Report according to regulations and subject to inspection and examination by competent state management agencies.
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Frequently asked questions
General website is the website of an agency, organization or enterprise that provides aggregated information on the basis of verbatim and exact citation of the official source and clearly states the name of the author or the name of the author. agency of the official source, time posted, broadcast that information.
Enterprises carrying out procedures to apply for a license to set up a general website in the Certificate of Business Registration (or industry registration data on the National Business Registration Portal must have an industry code). following occupations:
– Sector code 6311: Data processing, leasing and related activities
– Sector code 6312: Portal (except for press activities): Set up a general website.
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