Scribe Notes:
Presentation by Mr Tran Quang Cuong (Posts and Telecoms Policy Department, DGPT)
[Mr Cuong was deeply involved with the preparation of the Decree.]

A) General points concerning the improvements resulting from the new decree:

1. It provides a new development base for Internet services.

   - It is intended to accelerate Internet penetration in Society (following 
Party Instruction 58, which requires that Internet penetration should reach
the world average by 2005).

   - The Policy Department thought about how to improve the approach from the
old Decree 21. A new decree was decided upon.

2. Create a clear and transparent legal environment.

3. Foster the development of a National Information Structure in terms of the
"Information Society" issues. eCommerce is becoming extremely important - 
Viet Nam should not abandon it.

4. Create a more innovative market for Internet services for the Vietnamese
people.



B) Difference of Decree 55 from Decree 21, the Decree it supersedes.

1. Internet is now seen as a Social service to help the development of the
people. Not only a medium anymore, but a virtual environment.

2. Formerly, only four ports were available for public security reasons. This
was too complicated under the old decree. The new approach solves this problem
by providing greater access to Internet services.

3. The new Decree encourages the private sector in the provision of Internet
Services.

4. The new Decree states clearly that information is protected by privacy
provisions of the Constitution.

5. Users have the right to use ALL services available on the Internet - unless
expressively restricted. They can use the Internet, develop web pages and so on.
Professional hosting companies must have a license from MoCI (we are waiting
for MoCI guidelines). However, "real-world publishers" which have a license already,
need no additional one.
[Note: the responsible person is Mr Mai Anh, Newspaper Department, MoCI.]
DGPT is the co-ordinator but MoCI has a role to control content.

6. Encryption/decryption are now allowed for now, or at least not forbidden.
This will facilitate eCommerce.

7. The new Decree will accelerate Internet penetration rate, education, health,
software development and so on. 

8. Under the new Decree, there are three basic services:

IXP - Internet Exchange Provider
Limited to SOEs, or joint stock companies with state majority,
to interconnect ISPs and Internet connectivity (Article 13)
Discussion: Limited to SOEs except under the provisions of the Bilateral
Trade Agreement with the USA. Foreign companies are required to follow the
Investment Law (article 16), which exludes foreign investment into telecom,
at least for now. Hence, all IXPs are SOEs or state controlled
Vietnamese companies.

ISP - Internet Service Provider
These can use only services from the IXP.

OSP - Online Service Provider (or Application Service Provider)
Different Ministries will determine the restrictions on OSPs. No special
licenses, but the ministry decides.