Knowledge Highlights 20 November 2024
Vietnam introduces additional requirements relating to provision of information and internet services
On 9 November 2024, Vietnam issued Decree No. 147/2024/ND-CP (“Decree 147”) on the management, provision, and use of internet services and online information, which will come into force on 25 December 2024. When in force, it will replace Decree No. 72/2013/ND-CP (“Decree 72”).
Decree 147 introduces significant changes to the regulation of internet services, social networks, online games, and cross-border information.
This article provides an overview of the key provisions.
Scope
Decree 147 applies to (i) domestic organisations and individuals (ii) foreign organisations and individuals directly participating in or related to the management, provision, and use of Internet services and online information.
Cross-border provision of information
Cross-border information provision is defined in Decree 147 as the provision of information and online information content services by organisations and individuals abroad for service users in Vietnam to access or use the services.
Such service providers that either (i) lease data storage systems in Vietnam or (ii) receive 100,000 or more total monthly visits from Vietnam (calculated as an average over six consecutive months) (“Criteria”) must comply with several new requirements, including:
- Notify the Ministry of Information and Communications of contact information within 60 days of leasing storage or meeting the prescribed number of visitors;
- Inspect, monitor and remove information, content, and applications that violate Vietnam law when requested by the state authorities;
- Enter into content cooperation agreements with Vietnam press agencies;
- Store Vietnam users’ personal information such as full name, date of birth, mobile phone number, and personal identification number, and provide such information to the authorities when requested;
- Verify user accounts using a Vietnam-based mobile phone number or a personal identification number;
- Provide tools for content searching and scanning upon request by Vietnam authorities;
- Verify accounts using livestream features for commercial purposes through users’ personal identification numbers. Only verified accounts can post, comment, livestream, or share content;
- Classify and label inappropriate content for children and implement online safety measures; and
- Implement mechanisms to address user grievances effectively including removing content, services, and applications within 48 hours of receiving a complaint from a service user in Vietnam about content that violates Article 8 of the Law on Cyber Security. Article 8 lists acts that are strictly prohibited and includes disseminating false information.
Foreign entities operating app stores and social networks are considered “cross-border provision of information” service providers under Decree 147, and where such service providers meet the Criteria, they will also be subject to the requirements outlined above. Foreign app stores that meet the Criteria are also subject to additional requirements including the removal of illegal applications within 24 hours from a written request by state authorities, compliance with Vietnam’s payment laws, and ensuring that game publishers provide their relevant licences before uploading games onto the app store.
To facilitate state management of the cross-border provision of information, telecommunications, internet, web hosting, data centre, and telecoms application service providers must comply with certain reporting, content takedown, complaint redressal, and access blocking requirements.
Changes to domain name dispute resolution
Decree 147 amends Vietnam’s domain name framework by:
- removing prescriptive actions (Decree 72 specified three methods for resolving domain name disputes: negotiation/mediation, arbitration, and court proceedings);
- introducing provisions for deactivating domain names under certain conditions, such as where required by state authorities or where incorrect information was provided during registration;
- introducing clear criteria for initiating domain name dispute resolution, namely (i) confusing similarity with the plaintiff’s trademark, trade name, or personal name, (ii) the defendant’s lack of legitimate rights or interests in the domain name, and (iii) bad faith; and
- formalising freezing disputed domain names during legal proceedings.
Age limit for online gaming
Foreign game publishers must set up an enterprise in Vietnam to provide online game services as the cross-border provision of online games prohibited under Decree 72 remains. However, Decree 147 introduces a new rating level of 16+ for games only suitable for those who are 16 years old or above.
Licensing changes
Additional criteria for online gaming provider licences are set out in Decree 147. For example, a G1 online game (i.e. an online game that has interaction between multiple players via a server) licence requires the service provider to have in place technical systems that (i) limit the playing time of players under 18 to 60 minutes per game, and 180 minutes across all games by the same service provider and (ii) prominently display a warning on the game’s forum (if any) and on the player’s device screen stating that “Playing more than 180 minutes a day will negatively affect health” every 30 minutes during game play.
