CIRCULAR
ON NATIONAL DOMAIN NAME .VN DISPUTE RESOLUTION
- Pursuant to Laws on Information Technology dated 29th June 2006;
- Pursuant to Decree No 187/2007/ND-CP of the Government dated 25th December 2007 regulating functions, tasks and responsibilities and organizational structures of the Ministry of Information and Communications;
- Pursuant to Decree No 97/2008/ND-CP of the Government dated 28th August 2008 on managing, providing, using Internet services and electronic information on the Internet;
The Ministry of Information and Communications regulates national domain name “.vn” of Vietnam as follows:
I. GENERAL PROVISIONS
1. Scope of application
This Circular defines the resolution for domain name disputes arising from the use of national domain name .VN of Vietnam (hereinafter referred to as “domain name”); bases for domain name dispute resolution; methods of domain name dispute settlement and domain name dispute resolution.
2. Objects of the Circular
This Circular is applied to Complainants and Respondents in the case of domain name disputes arising from the use of that domain name.
3. Definitions
In this circular, the following terms mean:
1. “Domain name” is the name used to identify Internet address(es).
2. “Complainant” means organization, individual initiating a complaint relating to a domain name dispute when he/she considers his/her rights and legitimate interests is violated.
3. “Respondent” means organization, individual using the domain name and being complained against by complainant.
4. “VNNIC” stands for Vietnam Internet Network Information Center which is under the Ministry of Information and Communications administering national domain name .VN of Vietnam.
5. “Registrar” is the organization providing domain name registration services.
6. “Parties” denotes Complainant and Respondent.
7. “Domain name dispute” is the dispute arising from civil or commercial activities relating to rights and legitimate interests of organization, individual in using the domain name.
8.“Using domain name” is the use of a domain name attached to a specific Internet address of a website publishing on the Internet; or the use of a domain name to protect trade marks, brand name, service name or name of any organization, individual from being cybersquatted.
II. BASES FOR DOMAIN NAME DISPUTE RESOLUTION
1. Conditions to initiate a complaint about domain name disputes
Besides requirements and conditions according to current laws and regulations, letter of complaint must be subject to the followings conditions:
1.1. That domain name is identical or confusingly similar to a trademark, service mark, complainant’s name in which the Complainant has legitimate rights and interests;
1.2. The Respondent has no rights or legitimate interests in respect of the domain name.
1.3. The disputed domain name has been registered and is being used in bad faith.
2. Evidence of using domain name in bad faith
Using the domain name in one of the following circumstances shall be the evidence of using in bad faith:
2.1. Transferring, renting the domain name to the complainant who is the owner of the name, trademark, service mark similar or confusingly similar to that domain name; or to a competitor of that complainant, for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name; or
2.2. Preventing the owner of the name, trademark, service mark from reflecting the mark in a corresponding domain name; or
2.3. Damaging the Complainant's reputation, disrupting the Complainant's normal business or creating confusion with the Complainant’s name or mark so as to mislead the public; or
2.4. Other circumstances which may prove bad faith.
3. Evidence of the rights to and legitimate interests in the domain name
Respondent is considered to have rights to and legitimate interests in the domain name according to the following circumstances:
3.1. Respondent has used the domain name or has clear evidence of using the domain name or corresponding name in connection with a bona fide offering of goods or services; or
3.2. Respondent has been commonly known by the domain name, even if Respondent has acquired no trademark or service mark rights;
3.3. Respondent is making a legitimate noncommercial or fair use of the domain name, without intent of or commercial gain to misleadingly divert consumers or to tarnish the name, trademark or service mark at issue.
3.4. Other circumstances which may prove legitimate rights.
III. METHODS OF DOMAIN NAME DISPUTE RESOLUTIONS
1. Methods of domain name dispute resolutions
The parties can select one of the following methods for the resolution of domain name dispute:
1.1. Mediation.
1.2. Arbitration.
1.3. Taking legal proceedings at court.
2. Domain name dispute resolution through mediation:
2.1. The parties can take mediation procedures before or during procedural process. The mediation procedure complies with current applicable laws.
2.2. In case of success of mediation, the parties must enter in an written minutes of successful mediation according to current applicable laws. This minutes shall be sent to respective registrar or VNNIC as a base for dispute resolution.
3. Domain name dispute resolution through arbitration
The parties can agree to select arbitration method for domain name dispute resolution for the case of domain name disputes relating to commercial activities. The procedure for domain name dispute resolution arising from commercial activities at Arbitration centers complies with current applicable laws.
4. Domain name dispute resolution at court.
The parties can request competent court to resolve the domain name disputes arising from civil and commercial activities. The legal proceedings at court for a domain name dispute must comply with current applicable laws.
5. Resolutions for multiple domain names disputes
Complainant, Respondent can initiate procedures for the resolution of one or many domain names in dispute. Simultaneous resolution for various requirements of complainant or respondent shall be taken according to current applicable laws.
IV. SETTLEMENT FOR DOMAIN NAME DISPUTES
1. Responsibilities of Registrar of domain name “.vn” and VNNIC
During the proceedings of domain name dispute resolution, Registrar or VNNIC shall have to provide necessary information of the registration of the domain name at the request of court or arbitration center or as stipulated at laws.
2. Settlement of disputed domain name
2.1. Based on the written minutes of successful mediation or final decision of arbitration center or bound decision by court, Registrar and VNNIC shall:
a) Withdraw the domain name and give priority registration to the complainant, or maintain the domain name status as existed before;
b) Implement other decisions in relation to the withdrawal, pending or reservation of the disputed domain name within a time limit.
2.2. During the proceedings of dispute resolution, the domain name must be kept as existing status, not allowed to be returned, withdrawn, transferred to other registrar or to any other organization and individual.
2.3. If it is clearly stated in written minutes of successful mediation; available effective decision by arbitration center or bound decision by court that the disputed domain name is allowed to be registered by the complainant, the complainant shall have the right to registration of the domain name within ten (10) working days since effective date of such documents. In the excess of this time limit, the domain name shall be set available for open registration.
V. EXECUTION PROVISION
1. This Circular shall take effect after 15 days since its publication in “Cong Bao” newspaper.
2. In the course of implementation, any arising obstacles should be reported timely to the Ministry of Information and Communications for consideration and admendment. |
