Rights and obligations of owners of public Internet access points in Vietnam

Rights and obligations of owners of public Internet access points in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the public Internet access points?

According to Clause 6, Article 3 of Decree 72/2013/ND-CP, public Internet access points include:

- The locations where Internet agents may provide services legally;

- Public Internet access points of enterprises are the locations under the management of affiliated units or representatives of Internet service providers where Internet access services are provided for Internet users.

- Public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places are locations where organizations and individuals may legally provide Internet access services for Internet users.

2. Rights and obligations of owners of public Internet access points in Vietnam

2.1. For Internet agencies

Specifically, in Clause 1, Article 9 of Decree 72/2013/ND-CP (amended in Decree 27/2018/ND-CP), internet agencies have the rights and obligations below:

(i) Establishing a system of terminal devices at the licensed place to provide Internet access services for users at the place;

(ii) Putting up a sign “Đại lý Internet” (Internet agency) which specifies the number of Internet agency business registration; in case of an Internet agency cum gaming center, it will put up a sign as prescribed in Article 35 of Decree 72/2013/ND-CP;

(iii) Putting up the regulations on Internet service provision in noticeable positions, specifying the prohibited acts specified in Article 5 of Decree 72/2013/ND-CP, rights and obligations of Internet users in Article 10 of this enterprise;

(iv) Providing Internet access services in accordance with the quality and charges in the Internet agency contract;

(v) In case of online gaming services, the Internet agencies also have the rights and obligations of owners of gaming centers in Article 36 of Decree 72/2013/ND-CP;

(vi) Preventing Internet users from using the computers to commit the prohibited acts in Article 5 of Decree 72/2013/ND-CP;

(vii) Requesting the enterprise that signs the Internet agency contract to provide guidance and information about Internet access services, and facilitate the inspections and supervisions carried out by that enterprise;

(viii) Joining in the training courses in Internet offered by local state agencies and Internet service providers;

(ix) Complying with the regulations on information safety and information security;

(x) An Internet agency not providing video games shall comply with regulations on operation hours prescribed by People’s Committees of provinces or central-affiliated cities (hereinafter referred to as provinces).

An Internet agency providing video games shall comply with regulations on operation hours as prescribed in Clause 8 Article 36 of Decree 72/2013/ND-CP.

2.2. For owners of public Internet access points of enterprises

Rights and obligations of owners of public Internet access points of enterprises:

- Putting up a sign “Điểm truy nhập Internet công cộng” (public Internet access point) which specifies the name of the enterprise and number of license to provide Internet services; in case of public Internet access point cum gaming center, it will put up a sign as prescribed in Point c Clause 2 Article 35 of Decree 72/2013/ND-CP;

- The rights and obligations specified in (i), (iii), (v), (vi), (viii), (ix) in Section 2.1;

- Public Internet access points of enterprise not concurrently providing video games shall comply with regulations on operation hours prescribed by People’s Committees of provinces.

Public Internet access points of enterprise concurrently providing video games shall comply with regulations on operation hours as prescribed in Clause 8 Article 36 of Decree 72/2013/ND-CP.

(Clause 2, Article 9 of Decree 72/2013/ND-CP (amended in Decree 27/2018/ND-CP))

2.3. Owners of public Internet access points in places where charged Internet access services

Owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places where charged Internet access services are provided shall:

- Comply with the opening and closing hours;

- Have the rights and obligations specified in (i), (iii), (iv), (vi), (vii), (viii), (ix) in Section 2.1.

(Clause 3, Article 9 of Decree 72/2013/ND-CP)

2.4. Owners of public Internet access points in places where Internet access services are provided free of charge

According to Clause 4, Article 9 of Decree 72/2013/ND-CP, owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places where Internet access services are provided free of charged shall:

- Comply with the opening and closing hours;

- Have the rights and obligations specified in (i), (iii), (iv), (vi), (viii), (ix) in Section 2.1.

3. Conditions for public Internet access points in Vietnam

According to Article 8 of Decree 72/2013/ND-CP, conditions for public Internet access points include:

(1) An Internet agent may operate when the conditions below are satisfied:

- The Internet agent business is registered;

- An Internet agent contract is signed with the Internet service providers;

- The provision of game services must comply with Clause 1 Article 35 of Decree 72/2013/ND-CP.

(2) Owners of public Internet access points of enterprises are exempt from registering the Internet agent business and signing Internet agent contracts.

The provision of game services must comply with Clause 1 Article 35 of Decree 72/2013/ND-CP.

(3) Owners of public Internet access points in hotels, restaurants, docks, bus stations, coffee shops, and other public places shall:

- Not register the Internet agent business nor sign Internet agent contract if services are provided free of charge;

- Register the Internet agent business and sign Internet agent contract if services are charged;

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