On November 9, 2024, the government of Vietnam promulgated Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (“Decree 147”). This decree supersedes the previous Decree No. 72/2013/ND-CP dated July 15, 2013, on the same topic (“Decree 72”) and its amending regulations, and will take effect on December 25, 2024.
Spanning over 200 pages, with an appendix of 62 forms, Decree 147 addresses a wide range of key internet and online topics, including internet services; domain names; cross-border information provision; social network services; aggregated information websites; online game services; app store services; information content services on mobile telecom networks; responsibilities of telecom, internet, web hosting, data center, and telecom application service providers; and measures to handle illegal content. This decree is expected to have a significant impact on both onshore and offshore service providers in the respective fields, and will potentially tighten the regulatory landscape for internet services and online information provision in Vietnam.
Some highlights from the new Decree 147 compared to its predecessor are detailed below.
Cross-Border Information Provision
Offshore service providers, including offshore social network service providers and offshore app store service providers, who provide services on a cross-border basis and either lease data storage in Vietnam or meet a threshold of 100,000 or more total visits per month from Vietnam for six consecutive months must adhere to stricter requirements than other providers. Notable obligations of these regulated cross-border providers include:
- Notifying the Authority of Broadcasting and Electronic Information (ABEI) of their contact information.
- Monitoring and removing illegal content.
- Storing and managing user data as required.
- Authenticating social network user accounts using Vietnamese mobile number or ID number.
- Reporting to the ABEI annually as well as on an ad hoc
- Handling user complaints.
Only cross-border providers who have notified the ABEI of their contact details according to a stipulated form are permitted to offer livestream and revenue-generating services. Noncompliance can result in blocks and penalties.
Additionally, telecom, internet, web hosting, data center, and telecom application service providers are subject to certain reporting and content control requirements to serve the purpose of state management of cross-border information provision to Vietnam.
Social Networks
Decree 147 sets out distinct regimes for offshore and onshore social network services. Only the regulated cross-border providers mentioned above (those meeting the threshold of 100,000 total visits per month for six consecutive months) are required to notify the ABEI of their contact information according to a stipulated form. Meanwhile, onshore social network service providers reaching the threshold of 10,000 total visits per month for six consecutive months or 1,000 regular users per month must obtain a Social Network License to provide social network services. Other onshore providers with low traffic must obtain a Notification Certificate from the ABEI to provide social network services. Further, Decree 147 now regulates livestream activities by stipulating certain conditions for (1) social network service providers to be eligible for providing livestream functions; and (2) social network accounts to be eligible to conduct livestream activities.
Online Games
Pursuant to Decree 147, foreign organizations and individuals can only provide online games to service users in Vietnam upon the establishment of a local enterprise in Vietnam. Accordingly, the provision of online games on a cross-border basis remains strictly prohibited under Vietnamese law.
For further information, please contact:
Thao Thu Bui, Tilleke & Gibbins
thao.b@tillke.com
