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Regulations On The Use Of International Domain Name

1. Principles

Domain names chosen for registration by organizations or individuals must ensure that there are no phrases that infringe upon national interests or are inconsistent with social ethics, fine customs and traditions of the nation; must show seriousness to avoid misunderstanding or misrepresentation due to polyphony, polysemy or when not using accents in Vietnamese.

It is necessary to comply with all ICANN regulations regarding the registration and use of international domain names. Domain name registrants refer to information on rights and responsibilities of international domain name registrants regulated by ICANN on the ICANN website (https://www.icann.org/resources/pages/responsibilities-2014- 03-14-en).

Responsibilities of the domain name registrant

  • The domain name registrant must submit the “Domain Name Registration Declaration” (or according to the form of the Registrar) according to VNNIC regulations to the Registrar. In the declaration, the subject must provide complete and accurate domain name information as prescribed.
  • Users of international domain names must notify the Ministry of Information and Communications at Website www.thongbaotenmien.vn.
  • The domain name registrant must be responsible for the management and use of the registered domain name in accordance with the law on Internet resources.
  • The domain name holder must actively monitor information on the operation status and validity period of the registered domain names, and fully pay the maintenance fee 10 days before the domain name expires.
  • When changing the name of an individual, agency, or organization or contact information such as contact address, telephone, fax, email box, identification papers, the individual, agency or organization organization, must immediately notify the Registrar to update to the system and database of the domain name, ensuring accurate information. The Registrar cannot and will not be liable and indemnify for any loss or damage arising from the domain name registrant’s failure to comply with this provision.

2. Pay new registration and maintenance fees

Newly registered domain names must be paid in full the registration fee (collected only once) and domain name maintenance fee (collected annually, at least 01 year) right after submitting the application. Until the payment of fees and charges has been completed, the domain name will not be registered.

The domain name registrant must actively monitor information on the operation status and validity period of the registered domain names, actively coordinate in completing the procedures for signing a contract for domain name renewal and paying maintenance fee before 10 days from the date the domain name expires. The domain name maintenance fee can be paid once for many years or annually.

When paying the maintenance fee, the domain name registrant must provide full information on: The name of the domain name registrant, the domain names to pay the fee, the number of years of maintenance for each domain name. The domain name registrant need to comply with our payment guidelines in the Payment Policy. We cannot and will not be liable and indemnify for any loss or damage arising from the domain name registrant’s failure to comply with this payment provision.

3. Domain name dispute

  • Forms of domain name dispute resolution
    • Through negotiation and mediation
    • Through Arbitration
    • Lawsuit in Court
  • Comply with ICANN’s Domain Name Dispute Resolution Policy

In ICANN’s international domain name dispute resolution policy (http://www.icann.org/udrp/udrp-policy-24oct99.htm) the required procedures for a dispute case include:

The Respondent is required to participate in the proceedings in the following 3 cases:

The Respondent’s domain name is identical or confusingly similar to a trade mark (trademark) or a service mark to which the Complainant is an authorized person;

The Respondent has no legitimate rights or interests in that domain name;

The domain name that the Respondent has registered and is using for malicious purposes.

The Complainant must present all three conditions mentioned above in the complaint form.

Evidence for malicious registration and use of domain names in (but not limited to) the following cases:

The Respondent has registered or acquired the domain name solely for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant, the owner of the trademark or service mark, or to a Complainant’s competitor with an amount that exceeds the costs that the Respondent has spent on that domain name.

The Respondent registers the domain name to prevent the owner of the trademark or service mark from reflecting the mark in the respective domain name, or the respondent has acted with such intent;

The Respondent registers a domain name for the purpose of preventing a competitor’s business;

The Respondent used the domain name to intentionally attract the attention of Internet users for commercial purposes to his Website or to another online address, by creating a confusingly similar name to the Complainants’ labels, which makes Internet users mislead with the original Website, think that the Complainant is a sponsor, or it’s an affiliate of the Complainant or the Complainant has agreed.

How the Respondent can prove his/her legitimate rights and interests in the domain name for the Complainant:

The following cases (but not limited to) will prove to the Respondent:

Before receiving notice of dispute, the Respondent has used or proved to be about to use the domain name or the name corresponding to the domain name in connection with the actual supply of goods or services. ;

The Respondent is known to the public through that domain name, even though the Respondent does not have trade mark or service mark rights;

The Respondent is using a legitimate domain name that is not commercially relevant, or is using the domain name correctly, with no commercial intent to mislead consumers or to tarnish the image of the trade mark or service mark against which the Complainant is suing.

After ratifying the UDRP, ICANN will appoint the following 4 organizations to provide international domain name dispute resolution services:

  • World Intellectual Property Organization (WIPO)
  • National Arbitration Forum (NAF)
  • CPR Company
  • eResolution Company

Finally, the registrar will base on the decision of the above organizations to enforce the decision.

This Content was last updated at 10 AM – June 22, 2021