Does a business establishing a website have to register with a state agency?

BaseArticle 23 of Decree 72/2013/ND-CPAmended and supplemented by Clause 7, Article 1 of Decree 27/2018/ND-CP has the following provisions:

Manage the setup of electronic information pages and social networks
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4. Organizations and businesses are only allowed to set up general websites and social networks when they have a License to establish a general website or a License to establish a social network.
5. Organizations and businesses are granted a License to establish a general website or a License to establish a social network when all of the following conditions are met:
a) Is an organization or enterprise established under Vietnamese law with functions, tasks or registered business lines consistent with the services and information provided posted on the National Business Registration Portal;
b) Have organization and personnel that meet the provisions of Article 23a of this Decree;
c) Registered domain name used to establish a general website and social network and meets the provisions of Article 23b of this Decree;
d) Meet the technical conditions as prescribed in Article 23c of this Decree;
d) Have measures to ensure information safety, information security and information management according to the provisions of Article 23d of this Decree.
6. The license to establish a general electronic information page and the license to establish a social network have a term at the request of the organization or business but must not exceed 10 years.
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Accordingly, organizations and businesses are allowed to establish websites when they have a license to establish a general electronic information page, a license to establish a social network and must fully meet the following conditions, including:

– Is an organization or enterprise established under Vietnamese law with functions, tasks or registered business lines consistent with the services and information provided posted on the National Business Registration Portal;

– Have organization and personnel that meet the provisions of Article 23a of Decree 72/2013/ND-CP supplemented by Clause 8, Article 1 of Decree 27/2018/ND-CP;

– Registered domain name used to establish a general electronic information page, social network and meets the provisions of Article 23b of Decree 72/2013/ND-CP supplemented by Clause 9, Article 1 of Decree 27/2018/ND-CP;

– Meets the technical conditions as prescribed in Article 23c of Decree 72/2013/ND-CP supplemented by Clause 10, Article 1 of Decree 27/2018/ND-CP;

– Have measures to ensure information safety, information security and information management according to the provisions of Article 23d of Decree 72/2013/ND-CP supplemented by Clause 11, Article 1 of Decree 27/2018/ND-CP.

What is the application file for a license to establish a website for a business?

Pursuant to Article 23 of Decree 72/2013/ND-CP supplemented by Clause 12 Article 1 Decree 27/2018/ND-CP Regulations on application dossiers for licensing to establish general information websites and social networks are as follows:

The application for a license is made into 01 set, including:

– Application for a license to establish a general website according to Form No. 23 in Appendix I issued with Decree 27/2018/ND-CP;

– Valid copies include copies issued from the original book or certified copies or copies compared with the original of one of the following documents: Business registration certificate, Investment registration certificate, Establishment decision (or valid copy of other valid equivalent certificates or licenses issued before the effective date of the Investment Law 2014 and Enterprise Law 2014); Charter of operations (for associations and unions).

The establishment decision or charter of operations must have functions and tasks consistent with the information provided on the general website;

– Operation plan with signature and seal of the head of the organization or enterprise requesting the license, including the following main contents: Purpose of providing information; information content, expected categories; Official news source, printed home page and main Section pages; Personnel, technical, information management, and financial plans to ensure the operation of the general electronic information site in accordance with the provisions of Points b, c, d, dd, Clause 5, Article 23 of Decree 72/2013/ND-CP; information about the location of the server system in Vietnam;

– Written approval from organizations providing information sources to ensure the legitimacy of the information source.

What are the processes and procedures for licensing to establish a business website?

Pursuant to Article 23e of Decree 72/2013/ND-CP supplemented by Clause 13, Article 1 of Decree 27/2018/ND-CP stipulating the process and procedures for granting licenses to establish a general website as follows:

– The application for a license is sent directly, by post or via the Internet to the licensing authority according to regulations.

– Within 10 working days from the date of receipt of valid documents, the competent authority shall consider granting a license to establish a general electronic information page. In case of refusal, the competent authority will respond in writing, clearly stating the reason.

– Within 05 working days from receipt of valid dossier, the Department of Information and Communications of provinces and cities is responsible for evaluating and transferring the dossier along with the written request for license to the Ministry of Information and Communications for consideration and granting the license according to the provisions of law. In case the application does not meet the conditions, the Department of Information and Communications will issue a written response clearly stating the reason.