After more than four years from the effective date of the Law on Telecommunications (“LOT”), the Prime Minister has promulgated Decision No. 38/2014/QD-TTg, dated 1 July 2014, regulating the auction, transfer of right to use telecommunications number storage and internet domain names (“Decision 38”) which is provided for in Article 49 of the LOT.
Decision 38 allows entities to transfer “.vn” domain names for which they have the legal right of use as granted by the competent authority. The transfer of a registered “.vn” domain name is prohibited in the following cases
- domain names with protection priority as specified by the Ministry of Information and Communications (“MOIC”), including domain names which are the names of Communist Party organizations, State Authorities, socio-political organizations and other domain names in association with national interests, security and sovereignty; and
- domain names which are objects of handling of violations, dispute resolution or suspension from use
A transferee of the right to use a “.vn” domain name must conduct re-registration of such domain name for officially recording the transferee as having the legal right to use the domain name. Parties involved in a “.vn” domain name transfer transaction are solely responsible for non- acceptance of the domain name transfer by the competent authority.
In addition, Decision 38 provides for the auction of “.vn” domain names. Accordingly, determination of “.vn” domain names which are subject to auction will be based on the result of the survey on use demand for such domain names. In particular, a domain name with high use demand will be classified as an auction domain name. The MOIC will approve the list of domain names brought to auction.
Decision 38 will come into effect on 1 September 2014.