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DOMAIN TRANSFER

Starting on 01/06/2017, ESC will begin implementing the “.vn” domain assignment to be granted through the auction (referred to as the assignment of using the Internet domain).

Accordingly, the transfer is made also based on instructions of 02 texts issued by the General Department of Taxation:

– Company No. 350/TCT CS dated 29/01/2015 of the General Department of Taxation – Ministry of Finance on the tax policy for transfer activities entitled to use telecommunications, Internet domain (instructions for organization).

– Company No. 784/TCT on 09/3/2017 of the General Department of Taxation – the Ministry of Finance for the exchange of tax opinions on the right to transfer the use of Internet domains not through auctions (instructions for individuals).

– The right to use the Internet domain to be granted through auction is the organization or individual to transfer the full right to use the Internet domain under the domain name “. VN” is granted not through auction form for other organizations and individuals.

– Ensure the operation of domain names on the system, no risk of losing the domain name such as cancelling, re-registering.

– Transfer of rights to use the domain does not lose the current shelf life of the domain as well as facilitate the subject to be made domain transfer for the guest subject when there is a genuine need.

The transfer procedure is as follows:

Step 1: The parties are entitled to complete transfer of the transfer profile using the domain name and the filing of the transfer documents at the Registrar of Management of the transfer domain including:

– Written proposal to transfer and receive the right to use the Internet domain name (download the Declaration)

– Declaration of registration information using the Internet domain of the assignee (download the Declaration)

Step 2: Inspect, review and notify the transfer of rights of domain names to participants within 5 working days.

Step 3: The parties to the assignment complete the obligation to pay taxes and submit documents showing the parties to the transfer of completion of the payment of assignment tax to use the domain in accordance with the instructions of the Ministry of Finance:

– For domestic individuals (with residential address in Vietnam):

+ Individuals transferring the domain name to the tax declaration form No. 01/NCKD issued under Circular No. 92/2015/TT-BTC dated 15/6/2015 of the Ministry of Finance with the copy of the assignment contract, a snapshot of documents proving the Internet is eligible to transfer the rights of use (the documents accepted the QSD transfer record for the Internet domain name provided by the Registrar).

+ Individual Filing tax filing at the tax department where the individual resides (where permanent or temporary residence). The filing time for tax declaration and filing is at least 30 (thirty) of your next quarter’s assignment.

+ Pursuant to personal proof of completion of the obligation to pay tax is tax payment or affidavit is the subject of non-payment of taxes (download affidavit).

– For organizations and enterprises in the country (with the address in Vietnam) assignment of the use of domain name:

+ Enterprises transferring QSD domain name must invoice VAT and declaration and pay VAT with VAT rate is 10% according to the regulations:

+ Funds that the business is entitled to from this activity are counted in revenue to calculate the taxable income under the regulations.

+ Proof of completion of tax payment: VAT Invoice of the enterprise when transferring QSD domain name

– For subjects as individuals, foreign organizations (with foreign addresses) assignment of using the domain name:

The subject is not currently present in the instructions in two texts: the official number 350/TCT CS on 29/01/2015 and the official van No. 784/TCT on 09/3/2017 of the General Department of Taxation.

Proof of tax base: paper commits to complete the relevant tax obligations

Step 4: The assignee completes the procedure of re-registration of transfer domain name and payment of registration fee + transfer fee:

– The assignee completes the declaration form of the re-registration of the transfer domain (download the Declaration).

– The assignee shall pay the registration fee to re-register the domain name at the specified registrar (the domain registration fee is equal to the new domain registration)

Step 5: Cooperate with VNNIC to re-register domain name for the assignee and inform the result to customer when finished.

Note the following scenarios are not allowed to perform:

+ Domain name under.gov.vn
+ Domain name belongs to the list of reserved domains, protected
+ Domain name is suspended (due to handling of violations, due to expiration).
+ The domain is holding the status current (the dispute is processing).
+ Domain is processing violations.
+ Domain name is in place on system

Frequently asked questions when transferring domain names:

Circular No. 16/2016/TT-BTTTT enforceable from the date 15/8/2016 guided the detailed process, the procedure for implementing the right to use the domain is granted through the auction. Thus, since 15/8/2016, there have been enough detailed instructions for organizations and individuals to formally perform the transfer of rights to use the Internet domain name granted not through auction. The subject can be assured of making transfer transactions in accordance with the provisions of telecommunications Law No. 41/2009/QH12 dated 12/11/2009 and Decision No. 38/2014/QD-TTg on 01/7/2014 of the Prime Minister rules on auctions, assignment of rights to use telecommunication numbers, Internet domain name.

 

In addition, the completion of the obligation to pay a transfer tax the right to use the Internet domain name is one of the mandatory procedures to complete the transfer process. The Ministry of Finance also has specific guidelines specified on the transfer tax rights to use the Internet domain as specified in clause 2, article 39 of the Decision No. 38/2014/QD-TTg so that the assignee can thereby fulfill the obligation to pay the transfer tax before making a re-registration of the domain name for the assignee.

The domain names meet the conditions specified in clause 2, article 49 of the Telecommunications law, except for the following cases:

– Domain protection prescribed in article 8, Circular No. 24/2015/TT-BTTTT on 18 Aug 2015 of the Ministry of Information and Communication Regulation on management and use of Internet resources

– The domain is processing the breach, is in the process of resolving disputes or is being suspended

The assignment of rights to use the domain is done at the registrar “.vn” is managing the Internet transfer domain name named in the list that is published at www.nhadangky.vn.

Step 1. Organizations and individuals considering the conditions of the domain name and the assignee before making a transfer transaction using the transfer domain, namely:
– Condition of domain: According to the content answer question # 2 above;

– The conditions of the assignee: the assignee of the registered object, using the Internet name of the transfer in accordance with clause 3 article 5 of Circular No. 24/2015/TT-BTTTT.

Step 2. Completion of the transfer documents prescribed in clause 1, Article 3 of Circular No. 16/2016/TT-BTTTT.

Step 3. Submission of transfer documents at the Registrar is managing the transfer domain.

Step 4. The registrar checks, considers and notices the results of transfer of rights to use the domain name to the assignee.

Step 5. Payment of transfer Tax: Upon receipt of the written acceptance of the transfer record, the assignee completes the obligation to pay the transfer tax in accordance with the instructions of the Ministry of Finance.

Step 6. The parties to the assignment complete the procedure of re-registration of the assignment domain.

– Made at the Registrar of management of the assignment domain;

– Complete the application name re-registration is specified in clause 2 Article 5 Circular No. 16/2016/TT-BTTTT

– The assignee submits the registration fee, the fee to use the Internet domain at the registrar as prescribed.

Step 7. The Registrar in collaboration with the Vietnam Internet Center (VNNIC) to perform technical tasks to transfer the use of domain name from the assignee to the assignee.

(Refer to the QSD transfer process for domain names granted through auction at http://vnnic.vn/tenmien/quytrinh)

In accordance with clause 1, article 3 of Circular No. 16/2016/TT-BTTTT, the transfer record for use of the Internet domain is granted not through the auction including:

– The proposal documents to transfer and receive the right to use the Internet domain name in form 01 issued with Circular No. 16/2016/TT-BTTTT; The individual’s certificate of identification is the parties to the assignment, or the person on the behalf of the Agency, organization, Enterprise to do the right to transfer the use of the Internet domain (the original for the reference if the submission of a direct application, or a certified copy if submitted by mail)

– Declaration of registration information using the Internet domain of the assignee in the form 02 issued with Circular No. 16/2016/TT-BTTTT.

The transfer profile for use of the Internet domain is granted through an auction filed at the Registrar of Management of the transfer domain according to one of the following methods:

a) Apply directly at the Registrar’s premises: Individuals who are participating in the assignment, or behalf of the Agency, organization or enterprise to do the right to use the Internet domain to present the user identification certificate (or passport for the individual who is To the Registrar for reference to the information on the right to use the Internet domain name assignment;

b) Send dossier to the registrar via postal mail: Individuals are the parties to the assignment, or the person on behalf of the organization, the business of the right to use the Internet domain name must be accompanied by a copy certified to the People’s Identification certificate (or passport for the fish The person who is a foreigner) to a reference registrar with the information in the transfer record using the Internet domain name.

The review criteria for transfer of rights to use the domain is granted not through the auction is specified in clause 1 article 4 Circular No. 16/2016/TT-BTTTT. Namely the following:

The Registrar performs the inspection, reviewing the right to use the Internet domain as specified in point B clause 3 of article 35 Decision No. 38/2014/QD-TTg, detailed contents as follows:

  1. a) The right to use the Internet domain name Transfer profile has been detailed instructions at the content answer Question 5 above;
  2. b) The Internet domain of assignment meets the conditions specified in clause 1, article 33 of the Decision No. 38/2014/QD-TTg and not the protected domain specified in article 8 Circular No. 24/2015/TT-BTTTT dated 18 Aug 2015 of the Ministry of Information and Communication regulation on the management and use of Internet resources;
  3. c) The assignee of the subject is registered, using the Internet name of the assignment in accordance with clause 3 article 5 of Circular No. 24/2015/TT-BTTTT.

Within no more than 05 (five) working days from the date of receipt of sufficient documents as prescribed, the Registrar of management of the domain shall be notified in writing to the parties to the transfer of the result of transfer review.

The completion of the obligation to pay the transfer tax the right to use the domain name is one of the mandatory procedures to complete the transfer. The procedure for filing a transfer tax on the Internet domain is carried out according to the instructions of the Ministry of Finance in accordance with clause 2, article 39 of decision 38/2014/QD-TTg. Accordingly, the parties to the assignee shall provide the documents that have completed the obligation to pay the assignment tax to use the Internet domain name. These documents are one of the components of the application of the re-registration of the transfer domain according to the provisions of point B clause 2 Article 5 Circular No. 16/2016/TT-BTTTT.

As a rule, the domain name “.vn” is a national resource, so only the right to use the domain name (rather than a domain transfer). Therefore, when transferring the right to use the domain name from the assignee to the assignee, means that the legal entity of the transfer domain subject has changed. Meanwhile, the domain registrar “.vn” is managing the assignment domain to perform the profession to transfer the use of the Internet domain from the assignee to the assignee to ensure the administration of the domain name entity is the assignee.

  1. The procedure for re-registration of the Internet transfer domain is regulated in Article 5 Circular No. 16/2016/TT-BTTTT. Namely the following:
    1. After the parties to the assignment shall complete the payment of the transfer tax in accordance with point C Clause 3, article 35 of decision 38/2014/QD-TTg, the assignee performs the re-registration of the Internet domain at the domain registrar “. Vn” is managing the transfer domain.
    2. The re-registration profile of the Internet transfer domain includes:
    3. a) A declaration of the domain name of the assignee in accordance with clause 1, article 10 of Circular No. 24/2015/TT-BTTTT;
    4. b) Documents showing the parties to the assignment of completing the payment of the transfer tax on the use of the Internet domain in accordance with the instructions of the Ministry of Finance;
    5. The assignee pay the registration fee, the fee to use the Internet domain at the registrar as prescribed.
    6. The Registrar performs technical services to transfer the right to use the Internet domain from the assignee to the assignee within no more than 05 (five) business

    days from the date of receipt of the full profile, fees and charges for registration of Internet domain name assignment in accordance with the provisions.

When performing a re-registration of the assignment domain, the timeline (registration date and expiration date) of the domain name will be preserved. The maintenance of the domain name is independent of the assignment business to use the domain name. However, in the case of a domain transfer near expiration, the parties to the assignee note the implementation of the domain renewal prior to the transfer of use rights to ensure the domain name is not suspended, revoked due to expiration of the use during the transfer processing.

The case of transfer of rights to use Internet domain must stop is specified in detail in clause 1 Article 6 Circular No. 16/2016/TT-BTTTT. Specifically in the following situations:

  1. a) The parties to the transfer of regulations in violation of the management and use of Internet resources;
  2. b) The Internet transfer domain is detected in the process of dispute resolution;
  3. c) During the transfer, the Internet transfer domain is detected under the breach of the violation, is suspended, is required to force change of information, is required to force return or be revoked in accordance with the provisions of article 11, article 12 of Circular No. 24/2015/TT-BTTTT; Article 5, article 6, article 7 Circular No. 14/2016/TTLT-BTTTT-BKHCN dated 08/6/2016 of Ministry of Information and Communications and Ministry of Science and Technology guiding the order, procedure for change, withdrawal of domain name violations of intellectual property law;
  4. d) have a written notice of the tax authority on the parties to the transfer of fraudulent obligations upon the execution of the tax payment obligation;

đ) Having written notice of the tax authority on the parties to the transfer has not completed the obligation to pay taxes;

  1. e) The assignee does not perform the obligation to pay fees and the registration fees used by the domain as prescribed;
  2. g) The transfer party and the assignee have the written proposal to withdraw the transfer record using the designated Internet domain name.

The right of assignment to use the Internet domain must cease to be specified in detail in clause 2 and clause 3 of Article 6 Circular No. 16/2016/TT-BTTTT. In cases where the procedure for re-registration of the transferred domain name is completed that the Vietnam Internet Center (VNNIC), the Registrar receives a written notice of the tax authority on whether the parties to the transfer are incomplete or fraudulent when performing the tax payment obligation, the result of the transfer of rights to use the Internet domain will be canceled. VNNIC coordinated with the Registrar who received the rights assignment to use the domain name to send the message to cancel the transfer of the right to use the domain name to the stakeholders.

Domain name expired during the transfer of rights to use the domain name is one of the cases of transfer of rights to use the Internet domain name must stop execution (in violation of point C Clause 1 Article 6 Circular No. 16/2016/TT-BTTTT. Therefore the assignee must make the renewal fee and ensure the current status of normal operation of the domain during the transfer of the right to use the Internet domain.

From the moment the Subscriber receives the right to transfer the rights to use the Internet domain name in accordance with the transfer of rights to use the Internet domain name, the assignor may not make a registrar switch, change the subject name or return the domain that was specified in point A to 3 of article 3 Circular No. 16/2016/TT-BTTTT.