This translation is only for reference - 2
This Circular stipulates duty of enterprises providing intermediary service in protection of copyright
and related rights in the internet and telecommunication networks environment in Vietnam.
Article 2. Subjects of application
This Circular applies to enterprises providing intermediary service, copyright owners, related rights
owners and organizations acting as collective representatives of copyright or related rights.
Article 3. Interpretation of terms
In this Circular, the below terms are construed as follows:
1. Intermediary service includes: Telecommunication service, Internet service, service of online social
network, service of digital information search, and service of leasing digital information storage space
including service of leasing website storage space.
2. Enterprises providing intermediary service include:
a) Enterprise providing internet service,
b) Telecommunication enterprise;
c) Enterprise providing service of leasing digital information storage space including service of leasing
website storage space;
d) Enterprise providing service of online social network;
dd) Enterprise providing service of digital information search.
3. The content of digital information includes works, performances, phonograms and video
recordings, broadcast programs that have been digitalized and processed, stored, exchanged,
transmitted, supplied in the internet and telecommunication network environment.
Chapter II
RIGHT, DUTY OF ENTERPRISES PROVIDING INTERMEDIARY SERVICE
Article 4. Right of enterprises providing intermediary service
1. Setting up the system of inspection, supervision, process of information being put in, stored,
transmitted in the internet and telecommunication network for prevention violation acts of copyright,
related rights.
2. Unilaterally refusing of providing services which are contrary to provisions of laws on copyright and
related rights.
Article 5. Duty of enterprises providing intermediary service
1. Storing content of digital information in their system of service provision, that only have
transshipment, provisional, automatic, terminable character, be sufficient to meet technical
requirement of digital information content transmit.
2. Obeying works of inspection, check of competent state management agencies under provisions on
copyright and related rights.
3. Removing and deleting content of digital information which violates copyright and related rights,
cutting, stopping and suspension of the Internet line, telecommunication line as receiving request in
written of the inspector of the Ministry of Information and Communications or inspector of the Ministry
of Culture, Sports and Tourism or other competent State agencies as prescribed by law.
4. Supplying information of customers hiring website, digital information storage space and customers
using other intermediary service at the request of inspector of the Ministry of Information and
Communications or inspector of the Ministry of Culture, Sports and Tourism or other competent State
agencies.