Decree No. 147/2024/ND-CP dated November 9, 2024 on management, provision, and use of Internet services and cyber information
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GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 147/2024/ND-CP |
Hanoi, November 9, 2024 |
MANAGEMENT, PROVISION, AND USE OF INTERNET SERVICES AND CYBER INFORMATION
Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government dated November 22, 2019;
Pursuant to the Law on National Security dated December 14, 2004;
Pursuant to the Law on Information Technology dated June 29, 2006;
Pursuant to the Law on Cyber Information Security dated November 19, 2015;
Pursuant to the Press Law dated April 5, 2016;
Pursuant to the Law on Children of Vietnam dated April 5, 2016;
Pursuant to the Law on Cybersecurity dated June 12, 2018;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Enterprises dated January 11, 2022;
Pursuant to the Law on Telecommunications of Vietnam dated November 24, 2023;
At the request of the Minister of Information and Communications of Vietnam;
The Government of Vietnam hereby promulgates a Decree on the management, provision, and use of Internet services and cyber information.
This Decree provides for measures to manage, provide, and use Internet services and cyber information, including Internet services and resources; cyber information; provision of information services on mobile networks; supervision of information and prevention and removal of information violating the law online.
This Decree shall apply to domestic and foreign organizations and individuals engaged or involved in the management, provision, and use of Internet services and cyber information.
Article 3. Interpretation of terms
For the purpose of this Decree, the following terms shall be construed as follows:
1. “Internet services” refer to a form of telecommunications services, including Internet access services and Internet connection services:
a) “Internet access services” refer to the services that allow telecommunications service users to access the Internet;
b) “Internet connection services” refer to the services that allow Internet access service providers and telecommunications application service providers to connect with each other to share the Internet traffic.
2. “Internet exchange point” refers to a system of telecommunications devices, including:
a) Internet exchange points established by enterprises for the provision of the Internet connection service;
b) Vietnam National Internet eXchange (VNIX) established by the Ministry of Information and Communications of Vietnam (Vietnam Internet Network Information Center) for the implementation of Clause 2 Article 8 of this Decree.
3. “Internet service providers” refer to telecommunications enterprises providing Internet services prescribed in Clause 1 of this Article.
4. “Internet agents” refer to organizations and individuals providing Internet access services for telecommunications service users through contracts concluded with Internet service providers.
5. “Public Internet access points” include:
a) Locations where Internet agents may provide services legally;
b) Public Internet access points of enterprises are locations under the management of member units or individual representatives of Internet access service providers for the provision of Internet access services for telecommunications service users;
c) Public Internet access points at hotels, restaurants, aerodromes, docks, stations, coffee shops, and other public locations are locations where organizations and individuals may legally provide Internet access services for telecommunications service users.
6. “Internet users” refer to organizations and individuals concluding contracts for the provision and use of telecommunications services with Internet access service providers or public Internet access points to use applications and services on the Internet.
7. “Internet resources” refer to the collection of domain names, Internet addresses (IP addresses), automatic system numbers (ASN), and other names and numbers under Vietnam’s management, including:
a) Vietnamese Internet resources include: “.vn” country top-level domain name of Vietnam (hereinafter referred to as ““.vn” domain names”; IP addresses; Vietnam’s ASNs and national names and numbers allocated and issued by the Ministry of Information and Communications of Vietnam (Vietnam Internet Network Information Center);
b) International Internet resources include: international domain names; IP addresses; ASNs and other international names and numbers allocated and issued by international organizations to organizations and individuals using and/or providing services in Vietnam.
8. “International domain names” refer to generic top-level domains (gTLDs), country code top-level domains (ccTLDs) that are not the ccTLD of Vietnam, and domain names inferior to the mentioned domain names.
9. ““.vn” domain names” refer to the ccTLD of Vietnam and domain names inferior to the “.vn” country code top-level domain managed and licensed by the Ministry of Information and Communications of Vietnam.
10. “New generic top-level domains” (New gTLDs) refer to gTLDs allocated and transferred by the Internet Corporation for Assigned Names and Numbers (ICANN) to organizations and individuals under the New gTLD Program.
11. “Domain registration and maintenance services” refer to services provided by TLD Registries and registrars for agencies, organizations, enterprises, and individuals that can register, maintain, manage, and change the domain registration information through the collection, archive, management, and assurance the safety of data on domain names and information on the owners of domain names; assurance of the operational safety of domain names; management and operation of technical systems serving the registration and maintenance of domain names; management, supervision, and promotion of the registration and use of domain names. Domain name registration and maintenance services include: “.vn” domain name registration and maintenance services and international domain name registration and maintenance services.
“vn” domain name registration and maintenance services are services provided by Vietnam Internet Network Information Center (VNNIC) and “.vn” domain name registrars. VNNIC shall carry out the operations of the “.vn” Registry; manage data and ensure the operation of all “.vn” domain names; manage, operate, and utilize technical systems of the “.vn” Registry to serve the “.vn” domain name registration and maintenance; manage, inspect, supervise, and promote the “.vn” domain name registration and use. “.vn” domain name registrars shall receive and handle requests from applicants for use of “.vn” domain names; manage the data and ensure the operation of all “.vn” domain names of their clients;
b) International domain name registration and maintenance services are services provided by New gTLD Registries, international domain name registrars in Vietnam, and foreign providers of cross-border domain name registration and maintenance services for agencies, organizations, enterprises, and individuals in Vietnam.
12. “National interest protection relevant to New gTLDs and second-level domains under New gTLDs” refers to measures to prevent the registration and use of New gTLDs and second-level domains under New gTLDs that may potentially infringe on national interests.
13. “Domain name suspension” refers to the application of necessary technical measures to suspend the operation of domain names or prevent access to violating information sources within a period serving the handling of violations and management of Internet resources.
14. “Domain name revocation” refers to the application of necessary technical measures to remove owners’ rights to use domain names for handling violations, settling disputes, and managing Internet resources.
15. “Status quo maintenance of domain name registration and use” refers to the application of necessary technical measures to prevent changes to applicants for use or changes to domain name registrars to serve the handling of violations and settlement of disputes concerning domain names.
16. “Cyber information” refers to information provided, transmitted, collected, processed, archived, and exchanged through the Internet and internal networks.
17. “News on news aggregator sites” refers to information posted and broadcasted on Vietnamese press and information posted on websites of CPV organizations and State agencies under press and intellectual property laws.
18. “Fake news” refers to partly or completely false information compared to the truth, created by one or more entities for private purposes and intentions.
19. “Websites” refer to information pages or collections of information pages and applications on the Internet, presented in the form of symbols, numbers, letters, images, sounds, and other forms of information serving the provision and use of various contents and services on the Internet.
20. “News aggregator sites” refer to websites of agencies, organizations, and enterprises providing news.
21. “Internal websites” refer to websites of agencies, organizations, and enterprises providing information on functions, tasks, entitlements, organizational apparatuses, operations, services, products, and professions serving their operations.
22. “Personal websites” refer to websites established by individuals, presented in the form of websites for providing and exchanging information of such individuals or other information according to the law.
23. “Websites providing specialized services” refer to websites providing services concerning education and training; vocational education; health; culture, sports, and tourism; information and communications; science and technology; natural resources and environment; transport; agriculture and rural developments; industry and trade; construction; labor, war invalids, and social affairs; justice, and other fields according to the law.
24. “Internal forums of websites of agencies, organizations, and enterprises” are used for the exchange and Q&A activities concerning internal information relevant to the functions, tasks, entitlements, organizational apparatuses, services, products, and professions serving the operations of agencies, organizations, and enterprises.
25. “Social networks” refer to information systems established on websites or applications that provide services and tools allowing service users to provide, exchange, interact, and share information.
26. “User accounts” refer to accounts of individuals and organizations established on a social network to access and use services and features of such a social network.
27. “Fanpage” refers to a website established on a social network by a user account to provide, transmit, collect, exchange, and share information and connect to the community of users of such a social network.
28. “Channel” refers to a website established on a social network by a user account to provide, transmit, collect, exchange, and share information (usually in the form of videos) and connect with the community of users of such a social network.
29. “Group” refers to a collection of user accounts established on the same social network by one or more user accounts as the owner(s) managing such a group within a specific operational scope and purpose to provide, transmit, collect, exchange, and share information.
30. “Livestream” refers to a feature of social networks or digital platforms for e-transactions allowing user accounts to directly transmit contents and data in the form of sounds and images in real-time.
31. “Applications” refer to software programs designed to help users use one or several online features and services.
32. “App store” refers to a digital platform for posting, distributing, installing, and updating applications.
33. “Cross-border information provision” refers to when foreign organizations and individuals provide cyber information services for access and use by service users in Vietnam.
34. “Online video game services” provide players with network access to play video games.
35. “Enterprises providing online video game services” refer to enterprises established under Vietnamese law providing online video game services through the establishment of the systems of devices and legal use of video game software.
36. “Public video game service provision points” refer to locations established by organizations and individuals under the law to provide public video game services, including public Internet access points providing online video game services and public video game service provision points through computer networks without Internet access.
37. “Players of online video games” (players) refer to individuals concluding contracts with enterprises providing online video game services or coming to public video game service provision points to play online video games.
38. “Virtual credits in online video games” refer to a type of credit generated, regulated, and published by an enterprise providing online video game services for users to use, exchange, and trade virtual items, points, skills, and features in its online video games.
39. “Virtual items in online video games” refer to graphic images of non-physical objects in video games, such as items, characters, tools, equipment, etc., following specific regulations established and created by enterprises providing online video game services.
40. “Points in online video games” refer to rewards that players receive while playing video games, regulated and established by enterprises providing online video game services. Points do not include rewards, discounts, or any other redeemable form with value outside of games.
41. “Payment support services in online video games” refer to all of the support for enterprises providing online video game services to collect payments from players, including cashless payment services, intermediary payment services, and other payment services according to the law.
42. “Cards for credits in online video games” (game cards) refer to internal cards published by enterprises providing online video game services used only for the legal purchase of credits in online video games of such enterprises or other enterprises in the same economic corporation, company group, parent company, or subsidiary.
43. “Information services on mobile networks” refer to where service providers provide information through mobile network infrastructures to mobile telecommunications subscribers (excluding services for information lookup concerning products and services of the providers; customer support; and transaction confirmation).
44. “Cyber information security” refers to the operation of ensuring that cyber information does not harm national security, social order and safety, state secrets, and legitimate rights and benefits of organizations and individuals.
45. “Data archive lease services” refer to services that provide archive space established by service providers for organizations and individuals.
Article 4. Polices on development and management of Internet and cyber information
1. Promoting the use of the Internet in any special economic and social activity concerning education, training, health, and scientific and technological research to increase productivity, create jobs, and improve life quality.
2. Encouraging the development of content and applications in Vietnamese for Vietnamese communities on the Internet. Promoting healthy and helpful information on the Internet.
3. Facilitating the development of broadband Internet infrastructures at schools, hospitals, research institutes, state agencies, enterprises, public Internet access points, and households. Focusing on disseminating Internet services to rural areas, remote areas, border areas, islands, and areas with extremely disadvantaged socio-economic conditions.
4. Preventing acts of abusing the Internet to impact national security, social order and safety and violate ethics, fine customs, and the law. Applying measures to protect children and teenagers from negative impacts of the Internet.
5. Encouraging and facilitating the wide-scale use of “.vn” domain names and Vietnamese domain names and the conversion to the IPv6 technology.
6. Promoting international cooperation concerning the Internet based on respect for independence, sovereignty, quality, mutual benefits, and conformity with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory.
MANAGEMENT, PROVISION, AND USE OF INTERNET SERVICES AND INTERNET RESOURCES
Article 5. Operational conditions of public Internet access points
1. An Internet agent may carry out its operations when:
a) It has registered for Internet agent business;
b) It has concluded an Internet agent contract with an Internet access service provider;
c) In the case of providing video game services, it complies with Clause 1 Article 62 of this Decree.
2. The owner of an enterprise’s public Internet access point shall be exempted from registering Internet agent business and concluding contracts with any Internet agent. In the case of providing video game services, comply with Clause 1 Article 62 of this Decree.
3. The owner of a public Internet access point at a hotel, restaurant, aerodrome, dock, station, coffee shop, or other public locations, when providing Internet access services for users within the mentioned locations, shall:
b) Be exempted from registering Internet agent business and concluding contracts with any Internet agent if no fees are collected;
b) Register Internet agent business and conclude contracts with an Internet agent if fees are collected.
4. The People’s Committees of provinces and centrally affiliated cities shall stipulate methods concerning the operational time of Internet agents and public Internet access points not providing video game services in their areas.
Article 6. Responsibilities of owners of public Internet access points
1. Responsibilities of an Internet agent:
a) Establish a system of terminal equipment at the location permitted to provide Internet access services for service users;
b) Hang a sign that reads “Đại lý Internet” (Internet agent), specifying the information on the Internet agent business registration number. Where the Internet agent is also the public video game service provision point, hand a sign specified in Article 63 of this Decree;
c) Publicly list the regulations on the use of Internet services in easily recognizable places, including prohibited acts under Article 8 of the Law on Cybersecurity, Article 9 of the Law on Telecommunications, and rights and obligations of Internet users under Article 7 of this Decree;
d) Provide Internet access services according to the quality and fees prescribed in the Internet agent contract;
dd) In the case of providing online video game services, the Internet agent shall also carry out the responsibilities of an owner of a public video game provision point according to Article 68 of this Decree;
e) Refrain from letting organizations or Internet users use the features of the computers at the business location to commit prohibited acts prescribed in Article 8 of the Law on Cybersecurity and Article 9 of the Law on Telecommunications;
g) Be entitled to request the enterprise under an Internet agent contract to provide guidelines and information on Internet access services and comply with the inspection and supervision of such enterprise;
h) Be entitled to participate in training programs and drills concerning the Internet organized by state management authorities and Internet service providers in its area;
i) Implement the regulations on the assurance of information safety and cyber information security;
k) Internet agents not providing video game services shall comply with the operational time prescribed in the regulations of the People’s Committees of provinces and centrally affiliated cities. Internet agents providing video game services shall comply with the operational time prescribed in Clause 8 Article 68 of this Decree.
2. Responsibilities of an owner of a public Internet access point:
a) Hang a sign that reads “Điểm truy nhập Internet công cộng” (public Internet access point), specifying the information on the name of the enterprise and the number of the license to provide Internet services of the enterprise; where the public Internet access point is also the public video game service provision point, hand a sign specified in Point b Clause 2 Article 62 of this Decree;
b) Carry out the responsibilities prescribed in Points a, c, dd, e, h, and i Clause 1 of this Article;
c) Public Internet access points of enterprises not providing video game services shall comply with the operational time prescribed in the regulations of the People’s Committees of provinces and centrally affiliated cities. Public Internet access points of enterprises providing video game services shall comply with the operational time prescribed in Clause 8 Article 68 of this Decree.
3. Responsibilities of an owner of a public Internet access point at a hotel, restaurant, aerodrome, dock, station, coffee shop, or other public locations when providing Internet access services for users with fees:
a) Comply with the opening and closing time of the location;
b) Carry out the responsibilities prescribed in Points a, c, d, e, g, h, and i Clause 1 of this Article.
4. Responsibilities of an owner of a public Internet access point at a hotel, restaurant, aerodrome, dock, station, coffee shop, or other public locations when providing Internet access services for users without fees:
a) Comply with opening and closing time according to Clause 4 Article 5 of this Decree;
b) Carry out the responsibilities prescribed in Points a, c, e, h, and i Clause 1 of this Article.
Article 7. Responsibilities of Internet users
Responsibilities of an Internet user:
1. Comply with operational time of the public Internet access point.
2. Comply with the regulations on the assurance of cyber information safety and security and relevant regulations prescribed in this Decree.
Article 8. Internet connection
1. Internet service providers may engage in direct international connection, direct connection with each other, and connection with Internet exchange points.
2. VNIX shall operate on non-profit principles to improve the quality and reduce the service prices to:
a) Ensure the safety and continuous operation of Vietnam's Internet network in case of problems with the domestic and international telecommunications networks. In case of loss of international connection, VNIX shall transfer the Internet traffic to ensure continuous operation of Vietnam’s Internet network;
b) Promote domestic Internet connection and domestic content development;
c) Connect and exchange Internet traffic with networks using ASNs and independent IP addresses valid in Vietnam and valid internationally;
d) Participate in connection with regional and international Internet exchange points, connection with the system of ROOT DNS, and other international networks to develop infrastructures and content and exchange Internet traffic;
dd) Connect with networks using IPv6 addresses and accelerate the conversion of Vietnam’s internet network into IPv6 technology.
3. In case of problems with the domestic and international Internet networks, Internet service providers shall cooperate, connect, and carry out routing through VNIX to ensure the safety and continuous operation of Vietnam’s Internet network under the guidelines of the Ministry of Information and Communications of Vietnam.
1. The Ministry of Information and Communications of Vietnam (VNNIC) shall manage “.vn” domain names and international domain names allocated and issued by international organizations to agencies, organizations, enterprises, and individuals in Vietnam.
2. Agencies, organizations, enterprises, and individuals shall be entitled to register “.vn” domain names and international domain names.
3. The registration, change of registration information, and reinstatement of “.vn” domain names shall be carried out through “.vn” domain name registrars. Agencies, organizations, enterprises, and individuals shall pay the fees for the registration of “.vn” domain names and the fees for the maintenance of the use of “.vn” domain names as per regulation before the grant of rights to use or the maintenance of the use of domain names and the fees for domain name registration and maintenance services provided by “.vn” domain name registrars under agreements among concerned parties.
4. The registration of “.vn” domain names shall be carried out under the following principles:
a) Equality and anti-discrimination;
b) First come, first served, excluding domain names exclusively for auctions under the law, protected domain names, and generic domain names according to regulations;
c) Compliance with the regulations on auctions and transfer of rights to use domain names according to the Law on Telecommunications and relevant legal documents.
5. Domain names registered by agencies, organizations, enterprises, and individuals shall:
a) Ensure no phrase infringes on national benefits;
b) Conform with social ethics and national fine customs;
c) Express seriousness to avoid misunderstandings or distortions due to the polysyllabic and polysemous nature or when accents are not used in Vietnamese;
d) Ensure that there is no similarity or identicalness to names of press authorities and phrases that may cause misunderstandings that subject matters are press authorities or products if owners are not press authorities;
dd) Ensure no phrase causes misunderstandings that subject matters are news aggregator sites or social networks if the domain names are not registered for the purpose of establishing news aggregator sites or social networks according to the law.
6. Domain names that are names of CPV organizations, state authorities, and socio-political authorities shall only be exclusive to CPV organizations, state authorities, and socio-political organizations; agencies, enterprises, and individuals shall not register or use such domain names.
7. Mandatory information during domain name registration:
a) Regarding an agency, organization, or enterprise: name of the agency, organization, or enterprise; e-identification number of the organization; identification number of the enterprise; tax identification number; full address of the headquarters; phone number; email address; information of the domain name manager; information of the domain name technician; information of the organization or individual paying fees for domain name registration; purposes of the domain name in case of registering the domain name for establishing a news aggregator site, social network, or electronic newspaper and updates on use purposes of the domain name upon changes;
b) Regarding an individual or household business: full name of the individual; name of the household business and full name of the owner or the representative of the household business; date of birth; personal identification number, ID number, or passport number and issuance place and date; household business registration number; household business tax identification number; full permanent address, down to the house number; full temporary address, down to the house number; phone number; email address.
8. Applicants for domain name registration shall be verified through the digital signatures in the applications for domain name registration, the system of electronic identification and authentication, or specific technological solutions for collection, inspection, and comparison to ensure the adequacy and accuracy between the information of the applicants and the information and data in the applications.
9. Vietnamese citizens from 18 to 23 years old shall be given priority and support in registering “.id.vn” level-3 domain names as follows: exemption or reduction of fees for “.vn” domain name registration; exemption or reduction of fees for the maintenance of the use of “.vn” domain names for a specific period according to the law on fees and charges. Enterprises and household businesses with household business registration certificates under the law shall be given priority and support in registering “.biz.vn” level-3 domain names as follows: exemption or reduction of fees for “.vn” domain name registration; exemption or reduction of fees for the maintenance of the use of “.vn” domain names for a specific period according to the law on fees and charges.
10. Agencies, organizations, and enterprises shall only use sub-domain names under the registered domain names for member units or individuals working at affiliated agencies or organizations and manage such sub-domain names. Agencies, organizations, enterprises, and individuals shall not provide sub-domain names under their domain names for other entities.
11. Any electronic newspaper, social network, news aggregator site, website, or web portal of any CPV organization or state authority shall use at least 1 “.vn” domain name and archive the information at a server with an IP address in Vietnam.
12. In case of applications for the transfer of New gTLDs with ICANN:
a) Before applying for the transfer of New gTLDs with ICANN, applicants shall submit information declarations following Form No. 01 in the Appendix enclosed with this Decree to the Ministry of Information and Communications of Vietnam;
b) Within 30 days after the Ministry of Information and Communications of Vietnam receives the mentioned information declarations, the Ministry of Information and Communications of Vietnam shall issue written replies; in case of refusal, provide explanations in writing;
c) Within 5 working days from the official transfer of New gTLDs by ICANN, applicants shall issue written notice to the Ministry of Information and Communications of Vietnam;
d) Agencies, organizations, and enterprises shall only issue sub-domain names under their registered New gTLDs to affiliated units and individuals; agencies, organizations, enterprises, and individuals shall not issue sub-domain names under their registered New gTLDs to other entities;
dd) Agencies, organizations, and enterprises wishing to issue sub-domain names under their registered New gTLDs to entities other than their affiliated units and individuals shall comply with Article 15 of this Decree.
13. Domain names shall be suspended in the following cases:
a) Upon written requests from investigation authorities or competent state authorities under the law on cybersecurity and prevention and combat against hi-tech criminals to promptly prevent acts of using domain names to infringe on national security and social order and safety under the law;
b) Upon written requests for the implementation of decisions on the application of measures to prevent and ensure the handling of administrative violations from authorities competent to impose fines for administrative violations against regulations on information and communications or other specialized inspection authorities;
c) In cases where the information used for registration of the domain names is inaccurate, or the owners of the domain names are unidentified; applications for the use of domain names are inadequate or inaccurate; domain names are registered contrary to the regulations on structure management and permissible applicants;
d) Owners of “.vn” domain names fail to pay the fees for the maintenance of the use of such domain names according to the law on fees and charges.
14. Regarding suspended domain names, the following acts shall be prohibited: changing the owners’ information; changing the DNS; changing registrars; and transferring rights to use domain names.
15. Suspended domain names shall have their suspension status removed in the following cases:
a) Regarding cases prescribed in Point a Clause 13 of this Article: When the time limit prescribed in the written request for the suspension of the domain name expires or upon written request of the authority requested the suspension;
b) Regarding cases prescribed in Point b Clause 13 of this Article: When the suspension period specified in the document on the implementation of the decision to apply measures to prevent and handle administrative procedures expires or upon written request of the authority issued the decision on domain name suspension;
c) Regarding cases prescribed in Point c Clause 13 of this Article: if the owner adequately and accurately updates the information and application for the domain name registration within 30 days from the suspension of the domain name;
d) Regarding the case prescribed in Point d Clause 13 of this Article: If the owner successfully pays the fees for the maintenance of the use of the “.vn” domain name within 30 days from the due date.
16. Domain names shall be revoked in the following cases:
a) Implementation of requests for domain name revocation in decisions, judgments, or decisions on the settlement of disputes over domain names of competent authorities and organizations or the conciliation documents under the law on conciliation;
b) Implementation of decisions of the Minister of Information and Communications of Vietnam regarding cases subject to domain name revocation for national interests, public interests, socio-economic development, and national defense and security or cases unconformable with the planning for Internet resources prescribed in the Law on Telecommunications;
c) Implementation of decisions on the imposition of fines for administrative violations of authorities competent to impose fines for administrative violations against regulations on information and communications or other specialized investigation authorities specifying the domain name revocation as a remedial measure or the confiscation of evidence and violating instruments;
d) Implementation of written requests from investigation authorities or competent state authorities prescribed in Point a Clause 13 of this Article to promptly prevent acts of using domain names to infringe on national security and social order and safety under the law;
dd) When owners of “.vn” domains fail to pay the fees for maintaining the use of such domain names within 30 days from the due date of fee payment;
e) In cases where the information used for the registration of domain names is inaccurate, and the applicants for domain name registration and use are identified but the applicants fail to update, supplement, and complete the information; domain names are registered contrary to the regulations on structure management and permissible applicants; owners of domain names are organizations or enterprises that have been dissolved, went bankrupt, or no longer exist without transferring the legitimate use rights to other entities according to the law; individuals passed away without transferring legitimate use rights to other entities according to the law.
17. Domain names shall have their status maintained upon written requests from agencies and organizations competent to handle violations and settle disputes over “.vn” domain name registration and use according to the law.
1. New gTLDs and second-level domains under New gTLDs relevant to Vietnam’s interests include:
a) Domain names being the country name or country code of Vietnam;
b) Domain names containing phrases being the name or abbreviated name of Vietnam through periods, expressing the national image of Vietnam;
c) Domain names being names of geographic locations and names of areas of coastal border regions, land border regions, and air border regions of Vietnam according to the Law of Vietnam;
d) Domain names being names of provinces and centrally affiliated cities;
dd) Domain names being names of geographic locations of Vietnam recognized as world cultural heritage sites by UNESCO;
e) Domain names being names of national relics, names of special national relics, names of national treasures, names of national tangible and intangible cultural heritages, names of national cultural icons, and names of national tourist areas of Vietnam;
g) Domain names being names of CPV organizations, state authorities, and socio-political organizations;
h) Domain names containing phrases requiring protection according to regulations on national defense and diplomacy of Vietnam;
i) Domain names being names of cultural celebrities, national heroes, and leaders of Vietnam;
k) Other domain names according to regulations of the Government of Vietnam.
2. Responsibilities of ministries, central authorities, CPV organizations, and state authorities in the protection of national interests concerning New gTLDs and second-level domains under New gTLDs:
a) The Ministry of Information and Communications of Vietnam shall take charge and cooperate with relevant ministries, central authorities, organizations, and units in appraising requests for New gTLD registration and use; adopt measures to object to ICANN or international domain name registries when such organizations permit the registration or use of domain names that may potentially infringe on national interests according to Clause 1 of this Article;
b) Ministries, central authorities, CPV organizations, and state authorities shall cooperate with the Ministry of Information and Communications of Vietnam and relevant organizations and units in formulating lists, monitoring the registration and use of domain names under their management according to Clause 1 of this Article; propose the funding for the registration of domain names requiring protection based on the principles of effective use of the state budget to protect national interests; participate in the appraisal of requests for New gTLD registration and use under the Ministry of Information and Communications of Vietnam’s request.
Article 11. Server system for “.vn” domain names
1. The server system for “.vn” domain names is an information system that ensures the operation of “.vn” domain names on the Internet. The Ministry of Information and Communications of Vietnam (VNNIC) shall establish, manage, and operate the server system for “.vn” domain names.
2. Internet service providers shall cooperate, connect, and carry out routing to ensure the safe and stable operation of the server system for “.vn” domain names.
Article 12. Domain name maintenance and registration service provision
1. Providers of domain name maintenance and registration services shall comply with Vietnamese law.
2. Agencies, organizations, enterprises, and individuals shall receive guidelines and information on domain name maintenance and registration and be subject to inspection by the Ministry of Information and Communications of Vietnam and competent authorities.
3. Providers of domain name maintenance and registration services shall:
a) Receive and verify the information of applicants for domain name registration, adequately and accurately manage and archive the information provided by the applicants during domain name registration prescribed in Clause 7 Article 9 of this Decree in compliance with the law on data protection, and make backup copies of domain name data records according to the law;
b) Develop and announce forms, processes, and procedures for domain name registration;
c) Refuse to provide the services when the applicants for domain name registration fail to meet the regulations on domain name registration and use;
d) Submit reports, provide information, and cooperate in handling violations upon requests from competent authorities as prescribed by the law;
dd) “.vn” domain name registrars shall carry out the operational suspension or cooperate in the revocation of “.vn” domain names according to requests of the Ministry of Information and Communications of Vietnam (VNNIC) in the cases prescribed in Clause 13 and Clause 16 Article 9 of this Decree; providers of international domain name maintenance and registration services shall carry out the operational suspension or cooperate in the revocation of international domain names according to requests of the Ministry of Information and Communications of Vietnam, Ministry of Public Security of Vietnam, and competent authorities according to the law in cases prescribed in Points a, b, and c Clause 13 and Points c, d, and e Clause 16 Article 9 of this Decree.
4. “.vn” domain name registrars, aside from complying with Clauses 1, 2, and 3 of this Article, shall have the following rights and obligations:
a) Establish domain name server systems and technical systems for service provision and adopt measures to ensure the safety of domain names and data on domain names of organizations and individuals. Domestic “.vn” domain name registrars shall use domain name servers using “.vn” domain names and place at least 2 servers for domain names in Vietnam for data management and responses to domain queries when providing services; use “.vn” domain names for websites and tools providing online services of “.vn” domain name registration and maintenance;
b) “.vn” domain name registrars shall collect fees for “.vn” domain name maintenance and registration services following the service agreements with applicants for domain name registration for activities carried out by registrars according to Point a Clause 11 Article 3 of this Decree;
c) When providing “.vn” domain name maintenance and registration services, “.vn” domain name registrars shall not infringe on or cause harm to the legitimate rights and benefits of applicants as well as other “.vn” domain name registrars; refrain from taking advantage of the role of registrars to appropriate, obstruct, or seek ways to obstruct legal applicants. In the case of developing distribution channels, there must be contracts with organizations and enterprises participating in such distribution channels. The mentioned organizations and enterprises shall not carry out the role of registrars in the management of “.vn” domain names;
d) When terminating contracts for the provision of “.vn” domain name maintenance and registration services with VNNIC, “.vn” domain name registrars shall adequately transfer the records, data, and information of “.vn” domain names under their management to VNNIC or registrars designated by VNNIC; VNNIC or registrars designated by VNNIC shall receive and manage “.vn” domain names of the registrars terminating contracts.
5. International domain name registrars in Vietnam and New gTLD Registries in Vietnam, aside from complying with Clauses 1, 2, and 3 of this Article, shall have the following obligations:
a) When providing international domain name maintenance and registration services for organizations and individuals in Vietnam, international domain name registrars in Vietnam and New gTLD Registries in Vietnam shall submit reports on the service provision to the Ministry of Information and Communications of Vietnam following Form No. 02 in the Appendix enclosed with this Decree. Online reports shall be submitted at thongbaotenmien.vn;
b) Provide guidelines for agencies, organizations, enterprises, and individuals registering international domain names regarding the use of international domain names according to the law;
c) Before the 15th of the first month of every quarter, international domain registrars in Vietnam; New gTLD Registries in Vietnam shall submit online reports on lists and updated information on international domain names under their registration to the Ministry of Information and Communications of Vietnam (VNNIC) at thongbaotenmien.vn; including information on domain names and registration date; information on owners of domain names according to Clause 7 Article 9 of this Decree; information on the developments of domain names under their management (i.e., transferred domain names) in the reporting period;
d) Establish at least 2 servers for domain names in Vietnam for data management and responses to domain queries when providing services.
6. Providers of cross-border domain name maintenance and registration services, aside from complying with Clauses 1, 2, and 3 of this Article, shall have the following rights and obligations:
a) When providing cross-border international domain name maintenance and registration services for agencies, organizations, enterprises, and individuals in Vietnam, providers of cross-border domain name maintenance and registration services shall submit reports on the service provision to the Ministry of Information and Communications of Vietnam following Form No. 02 in the Appendix enclosed with this Decree. Online reports shall be submitted at thongbaotenmien.vn;
b) Before January 15 of every year, providers of cross-border domain name maintenance and registration services shall submit reports on updated lists of international domain names provided for agencies, organizations, enterprises, and individuals in Vietnam in the previous year. Online reports shall be submitted at thongbaotenmien.vn;
c) Where foreign providers of cross-border domain name maintenance and registration services violate Vietnamese law, fail to cooperate with the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam in the handling of information violating the law, the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam shall adopt technical measures to prevent access to websites and applications providing cross-border domain name maintenance and registration services for users in Vietnam under the Law on Cybersecurity, Law on Cyber Information Safety, and documents guiding the mentioned laws.
7. Telecommunications enterprises shall adopt necessary technical measures to prevent access to websites and applications providing cross-border domain name maintenance and registration services for users in Vietnam.
Article 13. “.vn” domain name registrars
1. “vn” domain name registrars are providers of “.vn” domain name maintenance and registration services, including:
a) “.vn” domain name registrars that are Vietnamese organizations or enterprises may provide “.vn” domain name maintenance and registration services for entities in Vietnam and abroad;
b) “.vn” domain name registrars that are overseas organizations or enterprises may provide “.vn” domain name maintenance and registration services for overseas entities.
2. “.vn” domain name registrars may provide their services when they meet the following conditions:
a) Being Vietnamese organizations or enterprises or overseas organizations or enterprises concluding contracts with ICANN or Accredited Registrar of ICANN;
b) Having adequate technical capacity in conformity with the operational scale to provide domain name maintenance and registration services;
c) Concluding contracts with VNNIC to become “.vn” domain name registrars.
3. An application for the provision of “.vn” domain name maintenance and registration services by an organization or enterprises wishing to provide “.vn” domain name maintenance and registration services is as follows:
a) Written request for provision of “.vn” domain name maintenance and registration services following Form No. 03 in the Appendix enclosed with this Decree;
b) Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of the certificate of enterprise registration or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14;
c) Authenticated translation of the contract of the overseas organization or enterprise concluded with ICANN or Accredited Registrar of ICANN (applicable to cases where the overseas organization concludes a contract with the Accredited Registrar of ICANN);
d) Plan for technical implementation, ensuring adequate capacity and conformity with the operational scale to provide domain name maintenance and registration services following Form No. 04 enclosed with this Decree.
4. Any organization or enterprise wishing to provide “.vn” domain name maintenance and registration services shall submit an application in person, through postal services, or online to the Ministry of Information and Communications of Vietnam (VNNIC). In case of online submission, the application must bear a digital signature according to the law on e-transactions.
5. Within 30 days from the receipt of the application for the provision of “.vn” domain name maintenance and registration services, the Ministry of Information and Communications of Vietnam (VNNIC) shall provide the results of the application assessment in writing for the applicant.
6. The Ministry of Information and Communications of Vietnam (VNNIC) shall assess, deal, and conclude a contract for the provision of “.vn” domain name maintenance and registration services with the applicant based on the following criteria:
a) The need for the provision of “.vn” domain name maintenance and registration services;
b) Conformity with the planning for Internet resources;
c) Compliance with Clause 2 of this Article.
7. Contracts for the provision of “.vn” domain name maintenance and registration services concluded between VNNIC and “.vn” domain name registrars shall ensure the adequacy of the content according to Form No. 05 in the Appendix enclosed with this Decree.
Article 14. International domain name registrars in Vietnam
1. International domain name registrars in Vietnam are Vietnamese organizations or enterprises providing international domain name registration and maintenance services for agencies, organizations, enterprises, and individuals in Vietnam.
2. International domain name registrars in Vietnam may provide their services when they meet the following conditions:
a) Being Vietnamese organizations or enterprises;
a) Being contracted with ICANN or Accredited Registrar of ICANN to provide international domain name registration and maintenance services in Vietnam;
c) Having confirmations by the Ministry of Information and Communications of Vietnam (VNNIC) regarding the completion of reports on the provision of international domain name registration and maintenance services in Vietnam according to Clause 3 of this Article.
3. Reports on the provision of registration and maintenance services by international domain name registrars in Vietnam:
a) A report application includes:
Report on the provision of international domain name registration and maintenance services in Vietnam following Form No. 02 in the Appendix enclosed with this Decree;
Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of the certificate of enterprise registration or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14;
Copies of the contract concluded with ICANN or Accredited Registrar of ICANN to provide international domain name registration and maintenance services in Vietnam;
b) The international domain name registrar in Vietnam shall send 1 application in person, through postal services, or online to the Ministry of Information and Communications of Vietnam (VNNIC).
In case of online submission, the application shall bear a digital signature according to the law on e-transactions;
c) Confirmation of report on the provision of international domain name registration and maintenance services in Vietnam:
Within 15 days from the date of receipt of the valid report application, the Ministry of Information and Communications of Vietnam (VNNIC) shall send a written confirmation of the completion of the report on the provision of international domain name registration and maintenance services in Vietnam to the applicant while including such applicant to the management list at thongbaotenmien.vn. Where the report application is invalid according to regulations, the Ministry of Information and Communications of Vietnam (VNNIC) shall request the applicant to amend and complete the application in writing.
The applicant may provide its services after receiving the written confirmation of the completion of the report on the provision of international domain name registration and maintenance services in Vietnam from the Ministry of Information and Communications of Vietnam (VNNIC).
Where the applicant no longer meets the operational conditions prescribed in Clause 2 of this Article or issues a written request for the termination of the provision of international domain name registration and maintenance services in Vietnam, the Ministry of Information and Communications of Vietnam (VNNIC) shall issue a written notice of the abrogation of the confirmation of the operation of the international domain name registrar in Vietnam and remove the applicant from the list of international domain name registrars in Vietnam at thongbaotenmien.vn.
Article 15. New gTDL Registries in Vietnam
1. New gTLD Registries in Vietnam are Vietnamese organizations and enterprises licensed by the Ministry of Information and Communications of Vietnam to provide registration and maintenance services of sub-domain names under New gTLDs in Vietnam.
2. New gTLD Registries may provide their services when they meet the following conditions:
a) Being Vietnamese organizations or enterprises;
b) Having adequate technical and organizational capacity and personnel to carry out the operations of New gTLD Registries and ensure cyber information safety and information safety;
c) Being licensed to operate as New gTLD Registries in Vietnam, according to this Article.
3. An application for a license to operate as a New gTLD Registry in Vietnam shall be made into a set, including:
a) Written request following Form No. 06 in the Appendix enclosed with this Decree;
b) Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of the certificate of enterprise registration or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14;
c) Operational scheme confirmed by the legal representative of the enterprise or head of the Vietnamese organization or enterprise requesting the license. The scheme shall consist of a presentation report on the operational scale, operational and technical capacity, and personnel; measures to ensure cyber information safety and information safety to carry out operations of New gTLD Registries in Vietnam.
4. Organizations and enterprises shall submit an application in person, through postal services, or online to the Ministry of Information and Communications of Vietnam (VNNIC). In case of online submission, the application must bear a digital signature according to the law on e-transactions.
5. Within 30 days from the receipt of the valid registration application, the Ministry of Information and Communications of Vietnam shall consider granting the license to operate as a New gTLD Registry in Vietnam. In case of refusal, the Ministry of Information and Communications of Vietnam shall answer and explain in writing.
Article 16. Settlement of disputes over “.vn” domain names
1. Grounds to settle a dispute over the registration and use of a “.vn” domain name upon the request of the plaintiff shall be as follows:
a) The domain name subject to the dispute is similar or identical, causing confusion over any name, trademark, geographical indication, or commercial name under the legitimate rights and benefits of the plaintiff;
b) The defendant does not have any legitimate right or benefit relevant to the concerned domain name;
c) The defendant uses the domain name for malicious purposes, taking advantage of the reputation and prestige of the trademark, commercial name, or geographical indication under the legitimate rights and benefits of the plaintiff for illegal profits as follows:
The defendant leases or transfers the domain name to the plaintiff that is similar or identical to a name, trademark, commercial name, or geographical indication of the plaintiff, causing confusion over that domain name, or the defendant leases or transfers the domain name to a competitor of the plaintiff for personal purposes or illegal profits; or
The defendant appropriates or prevents the plaintiff from registering a domain name corresponding to the plaintiff’s name, trademark, commercial name, or geographical indication for unfair competition purposes; or
The defendant uses the domain name to intentionally attract Internet users to access its website or other online addresses by deliberately making users confused over the name, trademark, commercial name, or geographical indication of the plaintiff for illegal profits or unfair competition purposes; or
Other cases prove that the defendant’s use of the domain name violates the legitimate rights and benefits of the plaintiff.
2. The defendant shall be considered to have legitimate rights and benefits relevant to the domain name subject to the dispute if one of the following conditions are met:
a) The defendant has used or has clear evidence of the preparation for the use of the domain name or a name corresponding to the domain name subject to the dispute relevant to the provision of products, goods, or services of the defendant before the dispute arises;
b) The defendant is known by the public for the domain name subject to the dispute, even if it is not the owner of rights to the relevant name, trademark, commercial name, or geographical indication;
c) The defendant uses the domain name legally for non-commercial purposes or does not take advantage of the reputation and prestige of the name, trademark, commercial name, or geographical indication of the plaintiff for illegal profits;
d) There is evidence that proves the defendant’s legality regarding the domain name.
3. During the settlement of disputes over the registration and use of “.vn” domain names, the Ministry of Information and Communications of Vietnam (VNNIC) shall maintain the status of the registration and use of domain names upon written requests from authorities or organizations competent to settle disputes over the registration and use of “.vn” domain names according to the law.
4. The Ministry of Information and Communications of Vietnam (VNNIC) shall settle disputes over “.vn” domain names based on conciliation documents according to the law on conciliation; arbitration decisions or conclusions according to the law on arbitration; effective judgments or decisions of courts.
Where conciliation documents, arbitration documents or conclusions, or courts’ decisions or judgments specify that domain names are revoked and plaintiffs are permitted to register or use such domain names, plaintiffs shall be prioritized for registration within 45 days from the legally effective date of such documents, decisions, conclusions, and judgments. After the mentioned period, domain names shall be freely registered.
The implementation of courts’ decisions and arbitration decisions in the settlement of domain name disputes shall comply with the Law on Civil Judgment Enforcement and relevant laws.
Article 17. Registration, use, distribution, grant, and revocation of IP addresses and ASNs
1. The Ministry of Information and Communications of Vietnam (VNNIC) shall register IP addresses and ASNs with international organizations; and distribute and grant IP addresses and ASNs to agencies, organizations, and enterprises in Vietnam.
2. Principles of distributing and granting IP addresses and ASNs:
a) First come, first served;
b) The distribution and grant of IP addresses and ASNs shall be consistent with the policies on the distribution and grant of IP addresses and ASNs under regulations of Asia Pacific Network Information Centre (APNIC);
c) IP addresses revoked or returned from agencies, organizations, and enterprises shall be distributed and granted under the first come, first served principle, and the necessity and capacity of immediate use of IP address zones requested for distribution or grant shown through the fact that agencies, organizations, and enterprises do not have any IP address for use or have used at least 80% of the IP address zones distributed and granted previously.
The Ministry of Information and Communications of Vietnam (VNNIC) shall list the information on IP address zones and the time of receiving applications for re-distribution and re-grant of IP address zones at diachiip.vn.
d) Vietnamese agencies, organizations, and enterprises receiving IP addresses and ASNs from international organizations shall submit reports to the Ministry of Information and Communications of Vietnam (VNNIC) to include relevant IP address zones in ASNs in the list managed by the Ministry of Information and Communications of Vietnam. IP addresses and ASNs received in Vietnam shall be considered Vietnam’s Internet resources, distributed and granted by the Ministry of Information and Communications of Vietnam as per regulation.
3. Entities entitled to request for distribution and grant of IP addresses:
a) Agencies, organizations, and enterprises wishing to establish networks connected with the Internet may request the distribution and grant of IP addresses for internal use or re-grant to clients in case of providing telecommunications services;
b) Agencies, organizations, or enterprises wishing for distribution or grant of IPv4 addresses from returned or revoked IPv4 address zones that have been listed by the Ministry of Information and Communications of Vietnam (VNNIC);
c) Agencies, organizations, or enterprises changing the names of owners according to Clause 5 of this Article;
d) Agencies, organizations, and enterprises receiving IP addresses or ASNs from international organizations according to Point d Clause 2 and Clause 7 of this Article.
4. Agencies, organizations, and enterprises with distributed or granted IP addresses may register ASNs. The Ministry of Information and Communications of Vietnam shall use the documents and information submitted by agencies, organizations, and enterprises during the registration of IP addresses to grant ASNs upon requests from such entities.
5. Agencies, organizations, and enterprises may request to change the names of owners of IP addresses and ASNs in the following cases:
a) Agencies, organizations, and enterprises change their names under decisions of competent authorities;
b) Upon full division, partial division, merger, consolidation, or change of functions and tasks of agencies, organizations, and enterprises under decisions of competent state authorities, leading to changes to organizations managing and operating networks and services using IP address zones and ASNs;
c) Upon restructuring of enterprises under the Law on Enterprises or activities of trading of enterprises, contributing capital or shares between enterprises, or changing functions or tasks between company groups, parent companies, and subsidiaries, leading to changes to organizations managing and operating networks and services using IP address zones and ASNs.
6. Procedure for distributing and granting IP addresses and ASNs;
a) Agencies, organizations, and enterprises shall submit an application in person, through postal services, or online to the Ministry of Information and Communications of Vietnam (VNNIC).
In case of online submission, the application shall bear a digital signature according to the law on e-transactions;
b) An application includes: Form No. 07 in the Appendix enclosed with this Decree; valid copies (including copies from originals, certified copies, certified e-copies, copies compared to originals) of the establishment decision or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14; valid copies of decisions of competent state authorities or documents on enterprise reorganization under the Law on Enterprises and documents proving valid change to use rights (regarding cases of changing the names of owners);
c) Within 10 days from the receipt of the adequate and valid application and fees for the registration of IP addresses and ASNs; fees for maintenance of the use of IP addresses and ASNs, the Ministry of Information and Communications of Vietnam (VNNIC) shall distribute and grant IP addresses and ASNs for the applicant following Form No. 08 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (VNNIC) shall answer and explain in writing.
7. Agencies, organizations, and enterprises in Vietnam receiving IP addresses and ASNs from international organizations shall:
a) Pay arising fees according to regulations of international domain registries to carry out the transfer of address zones and ASNs to the list managed by the Ministry of Information and Communications of Vietnam (VNNIC);
b) Pay the fees for the distribution and grant of Internet resources and the fees for the maintenance of the use of Internet resources under the law on fees and charges.
8. IP addresses and ASNs shall be revoked in the following cases:
b) Upon decisions of the Minister of Information and Communications of Vietnam regarding cases subject to the revocation of IP addresses and ASNs for national interests, public interests, socio-economic development, and national defense and security or cases unconformable with the planning for Internet resources prescribed in the Law on Telecommunications;
b) Upon decisions on imposition of fines for administrative violations of inspection authorities of information and communications specifying the revocation of IP addresses and ASNs as a remedial measure or the confiscation of violating instruments;
c) Upon written requests from investigation authorities or competent state authorities under the law on cybersecurity and prevention and combat against hi-tech criminals to prevent acts of using IP addresses and ASNs to infringe on national security and social order and safety under the law;
d) Owners of IP addresses and ASNs fail to adequately pay the maintenance fees within 30 days from the due date;
dd) Cases where information used for registration of the IP addresses and ASNs is inaccurate, or the owners of such IP addresses and ASNs are unidentified because such owners fail to update, supplement, or complete their information.
Article 18. Promotion of IPv6 technology application
1. IPv6 technology is included in the list of high technologies prioritized for development investment. Activities of researching, manufacturing, and importing devices and software and other activities of IPv6 application shall receive incentives and support prescribed by the Law on High Technologies.
2. When investing in or procuring new devices with Internet connections, state authorities shall ensure that such devices support IPv6 technology.
3. The Ministry of Information and Communications of Vietnam shall take charge and cooperate with relevant ministries and central authorities in developing a roadmap for ensuring that all devices and software of telecommunications and information technology with Internet connections domestically manufactured or imported into Vietnam apply IPv6 technology and a roadmap for terminating the manufacturing and import of devices and software that do not support IPv6 technology.
1. Agencies, organizations, enterprises, and individuals registering and using Internet resources shall:
a) Register and use Internet resources in compliance with the law;
b) Take legal liability for the accuracy and truthfulness of registration information, ensuring that such information does not infringe on the legitimate rights and benefits of other agencies, organizations, enterprises, and individuals;
c) Assume responsibility for the management and use of Internet resources according to the law.
2. Agencies, organizations, enterprises, and individuals using international domain names shall provide notices for the Ministry of Information and Communications of Vietnam of the domain names, registrars managing such domain names, and the information prescribed in Clause 7 Article 9 of this Article.
3. Agencies, organizations, and enterprises using IP addresses and ASNs shall carry out the routing and the use of IP addresses and ASNs in compliance with the guidelines of the Minister of Information and Communications of Vietnam.
4. Agencies, organizations, enterprises, and individuals using Internet resources shall provide information and cooperate with competent authorities upon request.
5. Agencies, organizations, enterprises, and individuals using Internet resources shall pay the fees for the distribution and grant of Internet resources and maintenance of the use of Internet resources according to the law on fees and charges.
MANAGEMENT, PROVISION, AND USE OF CYBER INFORMATION
Article 20. Classification of websites
Websites are classified as follows:
1. Electronic newspapers and electronic magazines.
2. News aggregator sites.
3. Internal websites.
4. Personal websites.
5. Websites providing specialized services.
6. Websites providing social network services according to this Decree.
7. Websites for information provision in the form of web portals.
Article 21. Principles of managing, providing, and using cyber information
1. The management, provision, and use of cyber information in the form of electronic newspapers, electronic publications, or online advertisements shall comply with press, publication, advertising, and intellectual property laws.
2. The management, provision, and use of cyber information in the form of social networks and news aggregator sites shall comply with Section 2 of Chapter III and relevant regulations prescribed in this Decree and relevant press regulations.
3. The management, provision, and use of information services on mobile networks shall comply with Chapter IV and relevant regulations prescribed in this Decree and the law on telecommunications.
4. The management, provision, and use of information on websites providing specialized services shall comply with specialized laws and relevant regulations prescribed in this Decree.
5. The management, provision, and use of information on personal and internal websites shall comply with the regulations on registration and use of Internet resources and relevant regulations prescribed in this Decree.
6. Agencies, organizations, enterprises, and individuals shall take legal liability for the information archived, transmitted, provided, or spread online by them.
7. Agencies, organizations, and enterprises providing online services shall not disclose service users’ information except in the following cases:
a) Service users agree to provide the information;
b) Upon requests from competent authorities according to the law.
8. Agencies, organizations, enterprises, and individuals participating in the management, provision, and use of cyber information shall protect state secrets according to the law. During the online archive or transmission of information included in the list of state secrets, agencies, organizations, enterprises, and individuals shall encrypt such information according to the law.
1. Ministries and central and local authorities shall, within their functions, tasks, and entitlements, take charge or cooperate in implementing the online state management of assigned fields and sectors.
2. State management responsibility of the Ministry of Information and Communications of Vietnam:
The Ministry of Information and Communications of Vietnam shall take responsibility before the Government of Vietnam for the implementation of the state management of cyber information safety and the management, provision, and use of Internet services and cyber information nationwide and have the following tasks and entitlements:
a) Develop and request competent authorities to promulgate or promulgate under its jurisdiction regulations, policies, and laws on the management, provision, and use of Internet services and cyber information;
b) Organize and provide guidelines on the implementation of the law and provide training and advanced training in professional expertise regarding the management, provision, and use of Internet resources and cyber information;
c) Inspect and handle violations in the management, provision, and use of Internet services and cyber information according to the law;
d) Engage in international cooperation in the management, provision, and use of Internet services and cyber information;
dd) Direct and implement information supervision and prevent and remove information violating the law according to Chapter V of this Decree;
e) Announce the results of the verification of fake news on tingia.gov.vn of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information);
g) Carry out other tasks according to the law.
3. The Ministry of Public Security of Vietnam shall, within its functions, tasks, and entitlements, protect national security and state secrets, ensure social safety and order, prevent and combat online crimes and violations against the law on national security and social security and order; ensure cybersecurity in the management, provision, and use of Internet services and cyber information.
4. The Ministry of National Defense of Vietnam shall, within its functions, tasks, and entitlements, protect online national sovereignty, ensure cyber information safety and cybersecurity, and protect state and military secrets; cooperate with competent authorities in preventing and combating online crimes and violations of the law.
5. Responsibilities of relevant ministries and central authorities;
a) The Ministry of Industry and Trade of Vietnam, the Ministry of Culture, Sports and Tourism of Vietnam, the Ministry of Health of Vietnam, the Ministry of Education and Training of Vietnam, the Ministry of Labor – War Invalids and Social Affairs of Vietnam, and the Ministry of Finance of Vietnam shall, within their functions, tasks, and entitlements, carry out the online state management of the following assigned fields and sectors: trade; culture, sports, and tourism; health; education and training; labor, employment, social security, and taxation;
b) Ministries, ministerial agencies, Cipher Department of the Government of Vietnam, and governmental agencies shall, within their functions, tasks, and entitlements, cooperate with the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam in implementing the online state management of assigned fields and sectors.
6. The People’s Committees of provinces and centrally affiliated cities shall implement the state management of the management, provision, and use of Internet services and cyber information in their areas according to their jurisdictions and shall:
a) Organize and provide guidelines on the implementation of the law on the management, provision, and use of Internet services and cyber information in their areas; receive and process violating information online relevant to their areas;
b) Provide training and advanced training to improve managerial and professional qualifications regarding the local provision and use of Internet services and cyber information;
c) Inspect and handle violations in the management, provision, and use of Internet services and cyber information under their jurisdictions;
d) Submit periodic reports on the management of the provision and use of Internet services and cyber information in their areas to the Ministry of Information and Communications of Vietnam before November 25 every year and irregular reports upon requests from the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam.
Article 23. Cross-border information provision
1. During the cross-border information provision for service users in Vietnam, foreign organizations, enterprises, and individuals shall comply with this Decree and the relevant laws of Vietnam.
Where foreign organizations, enterprises, and individuals provide cross-border video game services for players in Vietnam, they shall comply with Clause 4 Article 37 of this Decree.
2. Competent authorities of Vietnam shall implement technical measures to implement Clause 4 Article 4 of this Decree in the following cases:
a) Foreign organizations, enterprises, and individuals engaging in cross-border information violate the law of Vietnam;
b) Foreign organizations, enterprises, and individuals engaging in cross-border information provision refuse to cooperate with the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities in processing information violating the law.
3. Only foreign organizations, enterprises, and individuals engaging in cross-border information provision for entities in Vietnam using data archive lease services in Vietnam or having total regular visits from Vietnam in a month (average statistics for 6 consecutive months) of 100.000 or more shall have the following responsibilities:
a) Provide notices of contact information for the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) according to Clause 4 of this Article within 60 days from the time of using data archive lease services in Vietnam or meeting the requirements for total visits prescribed in Clause 3 of this Article;
b) Inspect, supervise, and remove information, services, and applications violating the law under Article 8 of the Law on Cybersecurity;
c) Prevent and remove information, services, and applications violating the law following Article 8 of the Law on Cybersecurity and relevant laws upon requests from the Ministry of Information and Communications of Vietnam, Ministry of Public Security of Vietnam, or competent authorities according to specialized laws and Clause 5 of this Article;
d) Implement cooperation agreements on content with press authorities of Vietnam when providing information quoted from Vietnamese press based on regulations on intellectual property;
Cooperation agreements on content among foreign organizations, enterprises, and individuals engaging in cross-border information provision with press authorities of Vietnam shall consist of the following basic information: agreement duration; scope, permissible content, and responsibilities of concerned parties; benefit payment methods;
Where concerned parties fail to reach cooperate agreements, foreign organizations, enterprises, and individuals engaging in cross-border information provision shall not use or display information quoted from press authorities of Vietnam;
dd) Archive information of service users from Vietnam when registering user accounts, including full names, dates of birth, and phone numbers in Vietnam (or personal identification numbers); where social network service users are children (under 16 years old), their parents or guardians under the civil law of such children shall register user accounts using their information and supervise and manage content and information accessed, posted, and shared on social networks by such children;
Provide the information of service users in Vietnam for the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities upon written request to serve the state management, investigation, and handling of violations against the law on the management, provision, and use of Internet services and cyber information; ensure that service users have the rights to allow or disallow foreign organizations, enterprises, and individuals engaging in cross-border information provision for entities in Vietnam to use their information for advertising, communications, or provision for other organizations and individuals; remove information of service users after the end of the archive period according to the law.
e) Verify user accounts via Vietnamese phone numbers. Foreign providers of social network services shall verify user accounts via personal identification numbers only when users confirm that they do not have any Vietnamese phone number under the law on e-identification and authentication.
Providers of social network services shall verify user accounts via personal identification numbers when users use the livestream feature for commercial purposes under the law on e-identification and authentication.
Only verified accounts can post information (articles, comments, and livestream sessions) and share information on social networks;
g) Foreign service providers shall classify and issue warnings for content inappropriate for children; adopt measures to protect children online according to the law on children;
h) Prepare electronic instruments for receiving and handling complaints from service users regarding content and services;
i) Within 48 hours from the receipt of complaints from service users in Vietnam about content violating Article 8 of the Law on Cybersecurity, foreign organizations, enterprises, and individuals engaging in cross-border information provision shall prevent and remove the content, services, and applications violating the law.
Regarding complaints about legitimate rights and benefits of service users in Vietnam, comply with the law on the protection of consumers’ rights, the law on intellectual property, and relevant regulations;
k) Foreign providers of app stores shall remove applications violating the law upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities; comply with the law on payment of Vietnam; request enterprises providing online video game services for players in Vietnam to provide decisions on G1 online video game publication or written confirmations of notices of publication of G2, G3, and G4 online video games when posting video games on the app stores. Enterprises providing online video game services shall take responsibility for the truthfulness of the information and documents they provide for app stores;
l) Describe the process and method of distributing content on their social networks and disclose them in the service provision agreements/community standards for users’ acknowledgment and selection of the use of services;
m) Provide tools for searching and reviewing content as requested by the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam;
n) Cooperate with the Ministry of Information and Communications of Vietnam in providing information and disseminating the law of Vietnam relevant to the provision and use of Internet, cyber information, and cyber information safety to service users in Vietnam;
o) Comply with Point c Clause 6 Article 24 of this Decree when providing social network services;
Only foreign organizations, enterprises, and individuals engaging in cross-border information provision for service users in Vietnam that have provided notices of contact information for the Ministry of Information and Communications of Vietnam shall be permitted to provide the livestream feature or operations that generate revenues in any form;
p) Where representative offices or enterprises are already established in Vietnam:
Representative offices shall cooperate in receiving and urging foreign organizations and enterprises engaging in cross-border information provision they represent to carry out requests of the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities according to the specialized law on the handling of content, services, and applications violating the law in cross-border information provision for service users in Vietnam;
Enterprises in Vietnam shall receive and cooperate with the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities under specialized laws in handling content, services, and applications violating the law in cross-border information provision for service users in Vietnam;
q) Submit periodic reports at least by November 25 every year following Form No. 09 in the Appendix enclosed with this Decree on the provision of services for users in Vietnam or irregular reports relevant to issues concerning national security, social safety and order, and emergencies upon written requests or electronic requests from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
Reports shall be submitted in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or via email to report_abei@mic.gov.vn or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission via email or on the online public service system of the Ministry of Information and Communications of Vietnam, the reports must bear digital signatures according to the law on e-transactions.
4. Information and forms of notices:
a) Foreign organizations, enterprises, and individuals shall provide Form No. 10 in the Appendix enclosed with this Decree for the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information);
b) Notices shall be submitted in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or via email to report_abei@mic.gov.vn or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission via email or on the online public service system of the Ministry of Information and Communications of Vietnam, notices must bear digital signatures according to the law on e-transactions.
Within 10 days from the receipt of notices, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue Form No. 11 in the Appendix enclosed with this Decree to organizations and enterprises.
5. Process for handling content violating the law:
a) Ministries and central and local authorities shall inspect, handle, and request the prevention and removal of online content, services, and applications violating the law according to their assigned fields, sectors, and management scope.
Where specialized laws have yet to stipulate regulations, the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam shall be authorities receiving notices and providing support for the handling of online content, services, and applications violating the law from ministries and central and local authorities and be the focal point for contact and submission of handling requests for foreign organizations, enterprises, and individuals engaging in cross-border information provision for entities in Vietnam;
b) Foreign organizations, enterprises, and individuals shall carry out the process for handling content, services, and applications violating the law as follows:
Foreign organizations, enterprises, and individuals shall prevent and remove content, services, and applications violating the law within 24 hours from written or electronic requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities according to specialized laws.
Regarding user accounts, community pages, community groups, and content channels regularly provide content violating the law (posting content that violates the law at least 5 times within 30 days or at least 10 times within 90 days, subject to requests for prevention and removal from the Ministry of Information and Communications of Vietnam or the Ministry of Public Security of Vietnam), foreign organizations, enterprises, and individuals shall suspend such user accounts, community pages, community groups, and content channels, preventing access from users in Vietnam within 24 hours from written or electronic requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities according to specialized laws. The suspension duration shall last from 7 to 30 days, depending on the number and severity of the violations.
Upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws, foreign organizations, enterprises, and individuals shall ban user accounts, community pages, community groups, and content channels, preventing access from users in Vietnam when they post content infringing on national security, or they have undergone 3 suspensions or more.
Regarding online applications violating the law of Vietnam, foreign providers of app stores shall prevent and remove applications violating the law within 24 hours upon written or electronic requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws.
Foreign organizations, enterprises, and individuals shall promptly prevent and remove content infringing on Vietnam’s national security within 24 hours upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws.
Where foreign organizations, enterprises, and individuals fail to comply with Clause 3 of this Article or fail to promptly prevent and remove content infringing on Vietnam’s national security as requested by the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws, the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam shall adopt technical measures to prevent all online content, services, and applications in violations and impose fines for administrative violations as per regulation. Preventive measures shall only be removed when violations have been handled by foreign organizations, enterprises, and individuals as requested by the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws.
6. Responsibilities of telecommunications enterprises, providers of Internet services, hosting services, and data center services, and telecommunications application service providers:
a) Submit reports to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) in writing or via phone or email within 24 hours after detecting or receiving feedback or complaints from users about content, services, and applications violating Article 8 of the Law on Cybersecurity; remove violating content within 24 hours upon written or electronic requests or requests via phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), or competent authorities under specialized laws; process requests and complaints about intellectual property under Vietnam’s law on intellectual property;
b) Submit regular reports to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) on the provision of data archive lease services in Vietnam for foreign organizations, enterprises, and individuals to engage in cross-border information provision for service users in Vietnam by November 25 every year or irregular reports upon written or electronic requests or requests via phone from the Ministry of Information and Communications of Vietnam.
Content: name of the enterprise leasing the location; address and location of equipment placement; juridical personality of the foreign organization, enterprise, or individual leasing the location to archive data; rent; lease term; quantity of rented equipment; Internet connection capacity;
Enterprises shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, reports must bear digital signatures according to the law on e-transactions;
c) Telecommunications enterprises and Internet service providers shall adopt necessary technical measures to prevent access to online content, services, and applications violating the law within 24 hours upon written or electronic requests or requests via phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention).
7. Responsibilities of relevant agencies, organizations, and individuals in Vietnam
Agencies, organizations, and individuals, when detecting information violating Vietnam’s law on websites, social networks, and app stores provided by foreign organizations, enterprises, and individuals engaging in cross-border information provision for users in Vietnam, shall:
a) Requests foreign organizations and individuals engaging in cross-border information provision to process violating information using appropriate methods;
b) Send notices of violations in writing, in person, or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or via email to report_abei@mic.gov.vn.
c) File lawsuits at competent people’s courts in Vietnam if violating information affects the legitimate rights and benefits of organizations, enterprises, and individuals according to the law of the Socialist Republic of Vietnam.
Section 2. WEBSITES AND SOCIAL NETWORKS
Article 24. Principles of website management
1. Agencies, organizations, and enterprises operating in Vietnam may only establish news aggregator sites and provide social network services when they have licenses to establish news aggregator sites and licenses to provide social network services or written confirmations of social network service provision notices.
2. Websites not subject to licensing according to this Decree include:
a) Websites providing specialized services;
b) Personal websites and internal websites;
c) Web portals of state agencies for information provision under Decree No. 42/2022/ND-CP dated June 24, 2022 of the Government of Vietnam;
d) Internal forums on websites.
3. Regarding internal websites, websites providing specialized services, web portals or websites or state agencies, and personal websites providing aggregated information, there must be licenses to establish news aggregator sites.
4. Websites prescribed in Article 20 of this Decree operating in Vietnam shall prevent and remove content, services, and applications violating the law within 24 hours upon written or electronic requests or requests via phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), or local Departments of Information and Communications and competent authorities.
Websites shall promptly remove content infringing on Vietnam’s national security within 24 hours upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws.
In case of failure to comply with requests, the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam shall adopt technical measures to prevent content, applications, and services that violate the law and apply handling measures according to the law.
Preventive measures shall only be removed after acts of law violations have been handled as requested by the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities.
5. The licensing and management of news aggregator sites shall comply with the following regulations:
a) Agencies, organizations, and enterprises shall only be issued with licenses to establish news aggregator sites when they meet the conditions prescribed in Clause 3 Article 25 of this Decree;
b) News aggregator sites of press authorities may only quote and repost press products published or broadcasted previously and aggregated information according to the law. Procedures for licensing and management shall be similar to those that apply to news aggregator sites.
c) News aggregator sites are permitted to link with e-press authorities (excluding radio and television stations) to produce content concerning science, technology, economy, culture, sports, entertainment, advertisement, and social security according to Article 37 of the Law on Press based on written agreements on cooperation in content production.
6. The licensing and management of social networks shall comply with the following regulations:
a) Social network classification:
Foreign social networks under cross-border provision by foreign organizations, enterprises, and individuals in Vietnam. The management of foreign social networks shall comply with Article 23 of this Decree.
Domestic social networks provided by agencies, organizations, and enterprises with juridical personality in Vietnam include social networks with high regular visits, referring to social networks with total regular visits in a month (average statistics for 6 consecutive months) of 10.000 visits or more or have more than 1.000 regular users in a month; social networks with low regular visits, referring to social networks with total regular visits in a month (average statistics for 6 consecutive months) of less than 10.000 visits or have less than 1.000 regular users in a month;
b) Agencies, organizations, and enterprises in Vietnam may only provide social network services when they have licenses to provide social network services (regarding social networks with high regular visits) or written confirmations of social network provision notices (regarding social networks with low regular visits);
The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall review, total up, and issue written notices of submission of applications for licenses under Article 29 and Article 31 of this Decree regarding social networks with high regular visits;
c) Social networks directly providing radio and television content services by requests and collecting subscription fees from service users shall comply with the law on the provision of paid radio and television services.
Social networks shall verify and issue symbols of verification to user accounts, pages, and channels of state agencies, organizations and enterprises with juridical personality in Vietnam, and influencers upon requests from such entities;
d) Only social networks licensed to provide social network services by the Ministry of Information and Communications of Vietnam may provide the livestream feature or operation generating revenues in any form;
Regarding social networks with low regular visits that wish to provide the livestream feature or operations generating revenues, the procedure for issuing licenses to provide social network services shall be carried out;
dd) Multi-service platforms refer to platforms that provide and integrate many services on the same website or application.
Regarding multi-service platforms providing social network services and other specialized services subject to conditional business lines, there must be licenses/written confirmations of social network service provision notices, licenses/certificates/written confirmations of notices of provision of other specialized services and relevant laws must be complied with;
Where multi-service platforms provide social network services and news aggregator site services, the two types shall be divided into separate categories on the principles of preventing overlapping content;
e) Where internal websites and websites providing specializing services provide social network services, comply with Clause 4 Article 25 of this Decree;
g) Press authorities shall, within 10 days after establishing user accounts, community pages, content channels, and community groups on domestic and overseas social networks, issue Form No. 12 in the Appendix enclosed with this Decree to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and assume responsibility for information they provide to ensure compliance with the Law on Press and this Decree; comply with the guidelines and purposes of press authorities prescribed in licenses to engage in press operations issued by the Ministry of Information and Communications of Vietnam;
Written notices shall be submitted in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, written notices must bear digital signatures according to the law on e-transactions.
Within 10 days from the receipt of notices, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue Form No. 13 in the Appendix enclosed with this Decree to press authorities.
7. Effectiveness of licenses and written confirmations:
a) Licenses to establish news aggregator sites and licenses to provide social network services shall have an effective period based on requests of agencies, organizations, and enterprises but shall be no more than 5 years;
b) Licenses to establish news aggregator sites, licenses/written confirmations of notices of social network service provision shall cease to have effect when agencies, organizations, and enterprises are subject to dissolution or bankruptcy or news aggregator sites or social networks are transferred to other agencies, organizations, and enterprises or one of the cases subject to revocation of licenses/written confirmations prescribed in Clause 2 Article 33 of this Decree.
Where licenses to establish news aggregator sites and licenses/written confirmations of notices of social network service provision cease to have effect or are revoked, the re-issuance of licenses shall be carried out similarly to issuance procedures prescribed in Articles 29, 30, and 31 of this Decree.
8. Licensing power:
a) The Ministry of Information and Communications of Vietnam shall issue licenses to provide social network services for social networks with high regular visits;
b) The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue written confirmations for social networks with low regular visits;
c) The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue licenses to establish news aggregator sites to press authorities, diplomatic authorities, centrally affiliated consulates, organizations, and enterprises, and religious organizations operating legally in Vietnam; foreign governmental and non-governmental agencies operating legally in Vietnam; local Departments of Information and Communications;
d) Local Departments of Information and Communications shall issue licenses to establish news aggregator sites to agencies, organizations, and enterprises not prescribed in Point c of this Clause and have headquarters in their areas.
9. Information to be displayed and display positions on domestic websites, news aggregator sites, and social networks:
a) Names of agencies, organizations, enterprises, and individuals managing websites, news aggregator sites, or social networks; names of governing bodies (if any); contact information, emails, contact phone numbers; names of persons responsible for content management; symbols of licensed/confirmed news aggregator sites and social networks.
News aggregator sites and social networks must have numbers of unexpired licenses/written confirmations, issuance date, and licensing authorities;
Page names and service types (news aggregator sites or social networks) must be specified. Names of service types shall be specified under the page names in a font size equal to 2/3 of the font size of page names in colors that do not blend into background colors. Page names shall not be similar or identical to names of press authorities or contain words (in Vietnamese or equivalent foreign languages) that can cause misunderstood that the subject matters are press authorities or press operations, such as newspaper, station, magazines, news, radio, television, communications, and news agencies;
b) Regarding news aggregator sites and social networks that are accessed through domain names, the page names and service types shall be placed at the top of the home page, and other information to be displayed shall be placed at the bottom of the home page;
Regarding news aggregator sites and social networks that are accessed through online applications, the page names and service types shall be placed at the top of the main interface of applications; information to be displayed shall be placed in the contact information section.
10. Reports:
a) Agencies, organizations, and enterprises with issued licenses to establish news aggregator sites, licenses/written confirmations of notices of social network service provision submit periodic reports by November 25 every year following Form No. 14 (for news aggregator sites) or Form No. 15 (for social networks) in the Appendix enclosed with this Decree or irregular reports upon written or electronic requests or requests via phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and local Departments of Information and Communications.
Agencies, organizations, and enterprises shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered or on the online public service systems of the Ministry of Information and Communications of Vietnam and the local Departments of Information and Communications.
In case of submission on the online public service systems, reports must bear digital signatures according to the law on e-transactions;
b) Local Departments of Information and Communications shall, every 6 months (by June 8 and by November 27 every year), submit reports on the local state management of online electronic information to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information). Periodic reports include the content of the assessment of the management, licensing, and handling of violations, data on the licensing and handling of violations, arising issues, proposals, suggestions, etc.
Article 25. Conditions for establishing news aggregator sites and providing social network services
1. Domestic agencies, organizations, and enterprises may only establish news aggregator sites when they have licenses to establish news aggregator sites.
2. Domestic agencies, organizations, and enterprises may only provide social network services when they meet the conditions prescribed in Clause 4 of this Article.
3. Conditions for the issuance of licenses to establish news aggregator sites:
a) Being agencies, organizations, and enterprises established under the law of Vietnam with functions, tasks, or professions registered for business posted on the national information portal of enterprise registration in conformity with the provided services and information;
b) Having registered domain names for establishing news aggregator sites and met the conditions prescribed in Article 26 of this Decree;
c) Meeting the conditions prescribed in Article 27 of this Decree;
d) Adopting measures to manage the content and information according to Article 28 of this Decree.
4. Conditions for providing domestic social network services:
a) Being agencies, organizations, and enterprises established under the law of Vietnam with functions, tasks, or professions registered for business posted on the national information portal of enterprise registration in conformity with the provided social network services;
b) Having registered domain names for providing social network services and met the conditions prescribed in Article 26 of this Decree;
c) Meeting the conditions prescribed in Article 27 of this Decree;
d) Adopting measures to manage the content and information according to Article 28 of this Decree.
5. Conditions for issuance of licenses to provide social network services:
a) Having social networks with high regular visits. Licenses shall still be considered for issuance for the provision of the livestream feature and operations generating revenues in case of social networks with low regular visits;
b) Meeting the conditions prescribed in Clause 4 of this Article.
Where agencies, organizations, and enterprises establish news aggregator sites or provide social network services through domain names, they shall meet the following conditions:
1. Regarding agencies, organizations, and enterprises that are not press authorities, domain names and page names shall not be similar or identical to names of press authorities or contain words (in Vietnamese or equivalent foreign languages) that can cause misunderstood that the subject matters are press authorities or press operations, such as newspaper, station, magazines, news, radio, television, communications, and news agencies.
2. “.vn” domain names shall be used as main domain names for news aggregator sites and social networks, and service users’ data shall be archived at servers with IP addresses in Vietnam.
3. “.vn” domain names shall be registered by agencies, organizations, and enterprises requesting licensing and be valid for at least 6 months at the time of requesting licensing, ensuring compliance with regulations on the management and use of Internet resources. Regarding international domain names, agencies, organizations, and enterprises requesting licensing shall have legal written confirmations of the use of such domain names.
4. News aggregator sites licensed by local Departments of Information and Communications shall not use domain names with character sequences identical to names of other provinces.
1. Conditions for organization and personnel:
a) Having departments that manage the content and information and technical management departments. Personnel in charge of managing the content and information who have Vietnamese nationality;
b) Having headquarters with clear addresses and phone numbers that can be contacted.
2. Technical conditions:
Technical device systems shall be established, capable of meeting the following requirements:
a) Regarding news aggregator sites: Archive the content of aggregated information for at least 90 days from the posting time; archive the handling log of posted information for at least 2 years;
b) Regarding social networks: Archive information on user accounts, log-in and log-off time, IP addresses of service users, and handling log of posted information for at least 2 years; remove the information of service users in Vietnam after the end of the archive period according to the law;
c) Receive and handle warnings about information on violations from service users;
d) Detect, warn, and prevent illegal access and forms of online attacks and comply with technical standards and regulations on cyber information safety according to the law;
dd) Adopt backup schemes to ensure the maintenance of the safe and continuous operations and remedy arising incidents, excluding cases of force majeure according to the law;
e) Ensure that there must be at least 1 server system placed in Vietnam to carry out the inspection, archive, and provision of information on all of the websites and social networks owned by agencies, organizations, and enterprises at any time, according to Points a, b, c, d, and dd of this Clause.
3. Aside from the assurance of the technical conditions prescribed in Clause 2 of this Article, technical systems for establishing social networks shall meet the following requirements:
a) Archive information of service users from Vietnam when registering user accounts, including full names, dates of birth, and phone numbers in Vietnam (or personal identification numbers); where service users are children (under 16 years old), their parents or guardians under the civil law of such children shall register user accounts using their information and supervise and manage content and information accessed, posted, and shared on social networks by such children;
b) Verify user accounts via Vietnamese phone numbers. Providers of social network services shall verify user accounts via personal identification numbers only when users confirm that they do not have any Vietnamese phone number under the law on e-identification and authentication.
Providers of social network services shall implement verify user accounts via identification numbers when users use the livestream feature for commercial purposes under the law on e-identification and authentication.
Only verified accounts can post information (articles, comments, and livestream sessions) and share information on social networks.
c) Prevent and remove information violating Article 8 of the Law on Cybersecurity and regulations on intellectual property upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, or competent authorities under specialized laws;
d) Establish warning mechanisms and use information filtering tools when users post information with content violating Article 8 of the Law on Cybersecurity.
1. Conditions for managing content and information for news aggregator sites:
a) Have processes for managing content and information, specifically: determination of the scope of utilized information sources and mechanism for managing and inspecting information before and after posting;
b) Have mechanisms for controlling information sources and ensuring that posted aggregated information does not violate any copyright and is accurate according to the source content; quoted content shall only be published in compliance with the time prescribed in written agreements among press authorities and news aggregator sites, ensuring the publication shall not be 1 hour earlier than the publication of the source content; quoted content shall be removed immediately after the source content is removed (within 3 hours from the removal of the source content);
c) Prepare electronic instruments for receiving and handling complaints from service users regarding content and services;
d) Prevent the posting of readers’ feedback and comments on quoted news and articles;
dd) Ensure that aggregated content specifies authors’ names and full names of information sources, the time when press authorities post such information, and the links leading to the source articles are placed at the bottom of the quoted articles;
e) Separate categories for exchanges and Q&A relevant to the functions, tasks, entitlements, organizational structure, services, products, and professions serving the main operations of agencies, organizations, and enterprises;
g) Regarding news aggregator sites with linked content production operations with press authorities: engagement in linked production of content relevant to investigations and feedback on issues affecting the legitimate rights and benefits of organizations and individuals is not permitted; press authorities shall take responsibility for linked information on news aggregator sites; the percentage of linked articles shall not be more than 50% of the total articles published in a month of such press authorities; employees and collaborators of news aggregator sites shall not assume the titles of reporters, editors, or journalists when participating in the linked content production;
h) Have written agreements on information source cooperation with at least 3 press authorities.
2. Conditions for managing content and information for social networks:
a) Have agreements on the provision and use of social network services, ensuring the adequacy of content prescribed n Point d Clause 2 Article 29 of this Decree; post the agreements on the provision and use of social network services to home pages of social networks; ensure that service users must agree with the agreement on the provision and use of social network services (via electronic methods) to be able to use the services and features of social networks;
b) Arrange personnel to be on duty 24/7 to receive, handle, and respond to requests from competent authorities according to the law of Vietnam; handle and respond to complaints from service users in Vietnam;
c) Adopt measures to apply censorship to content posted on social networks;
d) Adopt measures to protect service users’ information;
dd) Ensure service users’ rights to make decisions regarding permission for the collection of their information or provision of their information for other agencies, organizations, enterprises, and individuals;
e) Refrain from arranging content posted by users by fixed categories; refrain from posting or letting users (including personnel of providers of social network services) produce content in the forms of reportage, investigations, or press interviews for posting on social networks. Regarding press authorities posting content on social networks, comply with Point g Clause 6 Article 24 of this Decree;
g) Classify and issue warnings for content inappropriate for children; adopt measures to protect children online according to the law on children;
Article 29. Applications for licenses to establish news aggregator sites and social networks
1. Applications for licenses to establish news aggregator sites:
An application for the license includes:
a) Written request for the license to establish news aggregator sites following Form No. 16 in the Appendix enclosed with this Decree;
b) Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of one of the following papers: certificate of enterprise registration, certificate of investment registration, establishment decision (or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14); operational charter (regarding associations and trade unions);
The establishment decision or operational charter shall prescribe functions and tasks conformable with the information provided on the news aggregator site;
c) Operational scheme confirmed by the legal representative of the enterprise or head of the agency, organization, or enterprise requesting the licensing, including the purposes of the information provision, information content, expected categories, information sources, home page print, and pages of main categories; schemes for personnel, technical matters, and management of content and information to ensure that the operations of the news aggregator site are conformable with Points b, c, and d Clause 3 Article 25 of this Decree; information on the location of the server system in Vietnam; in case of linking with press authorities to produce content, it is necessary to specify the percentage of linked articles and mechanisms for cooperating, producing, editing, and applying censorship to articles and news posted on the news aggregator site;
d) Color printed/scanned copies (submitted in person or through postal services) or photocopies (submitted through online public services) of the home page and pages of main categories; the home page shall contain adequate expected information according to Clause 9 Article 24 of this Decree;
dd) Valid copies (including copies issued from originals or certified copies or certified e-copies or copies compared to originals) of the written agreement on information source cooperation between the news aggregator site and press authorities shall have the following mandatory information: agreement period; scope of quoted content; responsibilities for management of content and information of concerned parties (press authorities shall issue notices to the news aggregator site for timely updates on amended information);
The written agreement on cooperation in linked content production between the news aggregator site and press authorities shall specify the mechanisms for cooperation in producing news and articles, press authorities responsible for articles and news within the scope of the link; fields of cooperation in content production (in compliance with Point c Clause 5 Article 24 of this Decree) and the commitment to comply with Point g Clause 1 Article 28 of this Decree.
2. Applications for licenses to provide social network services:
An application for the license includes:
a) Written request for the license to provide social network services following Form No. 17 in the Appendix enclosed with this Decree;
b) Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of one of the following papers: certificate of enterprise registration, certificate of investment registration, establishment decision (or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14); operational charter (regarding associations and trade unions);
The establishment decision or operational charter shall prescribe functions and tasks conformable with the scope and fields that users may exchange on the social network;
c) Operational scheme confirmed by the legal representative of the enterprise or head of the agency, organization, or enterprise requesting the licensing, including the detailed description of services (including paid and free services), interface of the home page and interface of the service and scope page; fields that may be exchanged; schemes for personnel, technical matters, and management of content and information to ensure that the operations of the social network are conformable with Clause 4 Article 25 of this Decree; information on the location of the server system in Vietnam;
d) Agreement on the provision and use of social network services confirmed by the agency, organization, or enterprise requesting the licensing shall include the following mandatory content: content forbidden from being exchanged or shared on social networks; responsibilities of social network service users, specifying that service users shall not abuse the social network to engage in unlicensed press operations; responsibilities of the provider of social network services; mechanisms for handling users violating the agreement on the provision and use of social network services; warnings for service users about risks of the archive, exchange, and sharing of information online; mechanisms for settling complaints and disputes between social network service users and the provider of social network services or other organizations and individuals; mechanisms for settling complaints from service users regarding information affecting the legitimate rights and benefits of organizations and individuals posted by service users; announcement of the collection and processing of the information of service users (if any) in the agreement on the provision and use of social network services; description of measures to protect service users’ rights to make decisions regarding permission for the collection or their information or provision of their information for other agencies, organizations, and individuals; policies on the protection of the information of social network service users;
dd) Color printed/scanned copies (submitted in person or through postal services) or photocopies (submitted through online public services) of the home page and pages of categories of the social network; the home page shall contain adequate information according to Clause 9 Article 24 of this Decree;
Article 30. Procedures for issuing licenses to establish news aggregator sites
1. Any agency, organization, or enterprise requesting the issuance of a license to establish news aggregator sites shall submit an application in person or through postal services to a licensing authority according to Clause 8 Article 24 of this Decree or on the online public service system of the licensing authority.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Within 10 working days from the receipt of the valid application, the licensing authority shall consider issuing the license to establish news aggregator sites following Form No. 18 in the Appendix enclosed with this Decree and send a code (displaying the symbol of the licensed news aggregator site) to the applicant through email.
In case of refusal, the licensing authority shall answer and explain in writing.
3. Within 5 working days from the receipt of the valid application, the local press authority and local Department of Information and Communications shall appraise and transfer the application enclosed with the written request for the licensing to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) for consideration according to the law. Where the application fails to meet relevant conditions, the local Department of Information and Communications shall answer and explain in writing.
4. The agency, organization, or enterprise shall attach the issued code to the description of services on the app store (if any) and the news aggregator site. The code shall be linked to the licensing data section on web portals of the local Department of Information and Communications and the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
1. Procedures for issuing licenses to provide social network services:
The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue written notices to the social network with high regular visits (through postal services or online) of the submission of the application for licensing as per regulation.
Within 60 days from the receipt of notices, the agency, organization, or enterprise may continue to provide the current social network services and submit an application for the issuance of the license to provide social network services in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, the application must bear digital signatures according to the law on e-transactions.
Within 25 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam shall consider issuing licenses following Form No. 19 in the Appendix enclosed with this Decree and send a code (displaying the symbol of the licensed social network) to the applicant through email.
In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
The agency, organization, or enterprise shall attach the issued code to the description of services on the app store (if any) and the social network. The code shall be linked to the licensing data section on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
2. Procedures for issuing written confirmations of notices of social network service provision:
Before providing social network services, the agency, organization, or enterprise shall issue a notice of social network service provision following Form No. 20 in the Appendix enclosed with this Decree and valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of one of the following papers: certificate of enterprise registration, certificate of investment registration, establishment decision (or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14); operational charter (regarding associations and trade unions) to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) in person or through postal services or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, the written notice must bear digital signatures according to the law on e-transactions;
Within 5 working days from the receipt of the valid notice, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue the written confirmation of notices of social network service provision following Form No. 21 in the Appendix enclosed with this Decree and a code (displaying the symbol of the notified social network) to the agency, organization, or enterprise through email.
In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
The agency, organization, or enterprise shall attach the issued code to the description of services on the app store (if any) and the social network. The code shall be linked to the licensing data section on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
1. Licensing authorities shall consider and decide on the revision, re-issuance, and renewal of licenses and written confirmations.
2. Procedure for revising licenses and written confirmations:
a) Agencies, organizations, and enterprises with licenses to establish news aggregator sites or licenses/written confirmations of notices of social network service provision shall carry out the procedure for revising licenses/written confirmations in the following cases: changes to governing bodies (if any); changes to names of agencies, organizations, and enterprises establishing news aggregator sites; changes to locations of headquarters; changes to locations of servers; changes to personnel assuming legal liability and personnel managing content; changes to page names (if any); changes and additions to content of information on news aggregator sites and information provision methods (domain names and application distribution systems) for news aggregator sites; changes to names of social networks (if any), service types, service provision scope (domain names and application distribution systems) for social networks following Form No. 22 (regarding licenses to establish news aggregator sites), Form 23 (regarding licenses to provide social network services), or Form No. 24 (regarding written confirmations of notices of social network service provision) in the Appendix enclosed with this Decree and proof documents (if any) relevant to licensing authorities;
b) Any agency, organization, or enterprise shall submit an application for revisions to licenses/written confirmations in person or through postal services to the licensing authority or on the online public service system of the licensing authority.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the licensing authority shall appraise and issue the revisions to the issued license/written confirmation following Form No. 18 (regarding licenses to establish news aggregator sites), Form No. 19 (regarding licenses to provide social network services), or Form No. 21 (regarding written confirmations of notices of social network service provision) in the Appendix enclosed with this Decree after updating content of revisions, specifying the first issuance date of the license/written confirmation and the date of revision. The license/written confirmation confirmations confirmed to have undergone revisions shall be effective from the date of revision until its initial expiry date. In case of refusal, the licensing authority shall answer and explain in writing.
3. License renewal:
a) Any agency, organization, or enterprise wishing to renew an issued license shall, within 30 days before the expiry date of the license, submit a written request for the license renewal following Form No. 25 (regarding licenses to establish news aggregator sites) or Form No. 26 (regarding licenses to provide social network services) in the Appendix enclosed with this decree in person or through postal services to the licensing authority or on the online public service system of the licensing authority.
In case of submission on the online public service systems, the written request must bear digital signatures according to the law on e-transactions;
b) Within 5 working days from the receipt of the valid written request, the licensing authority shall appraise and renew the issued license following Form No. 18 (regarding licenses to establish news aggregator sites) or Form No. 19 (regarding licenses to provide social network services) in the Appendix enclosed with this Decree. The consideration for license renewal shall be carried out based on compliance of the agency, organization, or enterprise with the regulations prescribed in the license and relevant laws regarding the management, provision, and use of cyber information.
In case of refusal, the licensing authority shall answer and explain in writing;
c) The license shall only be renewed once, and the renewal period shall not exceed 2 years. During the period eligible to renew the license, the agency, organization, or enterprise may apply for licensing according to Articles 29, 30, and 31 of this Decree.
4. Where the organization or enterprise receives a transfer of a news aggregator site or social network, it shall carry out the procedure for licensing according to Article 30 (regarding licenses to establish news aggregator sites) or Article 31 (regarding licenses to provide social network services) of this Decree.
5. Re-issuance of licenses/written confirmations:
a) Any agency, organization, or enterprise with a lost or damaged and unusable license/written confirmation may apply for the re-issuance of the license/written confirmation to the licensing authority following Form No. 27 (regarding licenses to establish news aggregator sites) or Form No. 28 (regarding licenses to provide social network services) in the Appendix enclosed with this Decree.
b) The agency, organization, or enterprise shall submit an application for the re-issuance of licenses/written confirmations in person or through postal services to the licensing authority or on the online public service system of the licensing authority.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the written request, the licensing authority shall consider re-issuing the license/written confirmation following Form No. 18 (regarding licenses to establish news aggregator sites), Form No. 19 (regarding licenses to provide social network services), or Form No. 21 (regarding written confirmations of notices of social network service provision) in the Appendix enclosed with this Decree. In case of refusal, the licensing authority shall answer and explain in writing;
The re-issued license/written confirmation shall have the main content identical to the initial license/written confirmation and the initial issuance date of the license/written confirmation, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
1. Licensing authorities prescribed in Clause 8 Article 24 of this decree shall issue decisions to suspend the operations of news aggregator sites or the provision of social network services for 3 months when agencies, organizations, and enterprises fall into one of the following cases:
a) Violating Article 8 of the Law on Cybersecurity twice;
b) Failing to meet the conditions prescribed in Clauses 3 and 4 of Article 25 or failing to comply with Clause 7 Article 35 of this Decree upon written requests from competent authorities prescribed in Clause 8 Article 24 of this Decree;
c) Failing to carry out the procedure for the issuance of licenses to provide social network services within 60 days upon written notices from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
2. Licensing authorities prescribed in Clause 8 Article 24 of this Decree shall issue decisions to revoke licenses to establish news aggregator sites or licenses/written confirmations of notices of social network service provision when agencies, organizations, and enterprises fall into one of the following cases:
a) Failing to comply with Clause 4 Article 32 and Clause 7 Article 25 of this Decree;
b) Failing to adopt remedial measures to ensure feasibility after the 3-month suspension period;
c) Issuing written notices of termination of operations or failing to implement actual operations after 12 months from the effective date of licenses and failing to submit reports to licensing authorities;
d) Licenses to establish news aggregator sites or licenses/written confirmations of notices of social network service provision of agencies, organizations, and enterprises expire according to Point a Clause 7 Article 24 of this Decree.
3. Procedures for suspending and revoking licenses to establish news aggregator sites and licenses/written confirmations of notices of social network service provision:
a) When detecting agencies, organizations, and enterprises violate Points a and c Clause 1 of this Article, competent authorities prescribed in Clause 8 Article 24 of this Decree shall issue decisions to suspend the operations of news aggregator sites or the provision of social network services for 3 months;
b) When detecting agencies, organizations, and enterprises violate Point b Clause 1 of this Article, competent authorities prescribed in Clause 8 Article 24 of this Decree shall issue written notices requesting agencies, organizations, and enterprises to adopt remedial measures. Within 15 days from the end date of the time limit prescribed in written notices, if agencies, organizations, and enterprises fail to submit reports and remedy their violations, competent authorities shall issue decisions to suspend the operations of news aggregator sites or the provision of social network services for 3 months;
c) When detecting agencies, organizations, and enterprises violate Clause 2 of this Article, competent authorities prescribed in Clause 8 Article 24 of this Decree shall issue decisions to revoke licenses to establish news aggregator sites or licenses/written confirmations of notices of social network service provision and request termination of operations.
4. Competent authorities shall apply necessary technical measures to prevent and suspend the operations of websites in the following cases:
a) Agencies, organizations, enterprises, and individuals managing websites fail to remove content, services, and applications violating Article 8 of the Law on Cybersecurity as requested by competent authorities according to Clause 5 Article 23 and Clause 4 Article 24 of this Decree;
b) Competent authorities do not have contact information or are unable to contact (through contact information announced on websites) agencies, organizations, and individuals managing websites within 24 hours (from the first contact attempt by competent authorities) to request the removal of content, services, and applications violating Article 8 of the Law on Cybersecurity;
c) Agencies, organizations, enterprises, and individuals managing websites fail to suspend or terminate their operations as requested by competent authorities according to Clause 3 of this Article.
Agencies, organizations, and enterprises establishing news aggregator sites shall:
1. Establish news aggregator sites and provide aggregated information under the law.
2. Have at least 1 server system placed in Vietnam to serve the investigation, inspection, archive, and information provision upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities and serve the settlement of complaints from users regarding the service provision as per regulation.
3. Develop the process for managing content and aggregated information and promptly updating and adjusting quoted content upon changes to the source content.
4. Inspect, supervise, and remove content, services, and applications violating Article 8 of the Law on Cybersecurity within 24 hours upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities under specialized laws or upon detection of violations; process requests and complaints about intellectual property under the law of Vietnam on intellectual property.
5. Adopt measures to protect children online according to the law on children.
6. Connect to the supervision system of the Ministry of Information and Communications of Vietnam to monitor articles posted on news aggregator sites and collect statistics on the number of visitors.
7. Submit reports according to Clause 10 Article 24 of this Decree and comply with the inspection of competent authorities.
Article 35. Responsibilities of providers of domestic social network services
Providers of social network services shall:
1. Provide social network services in compliance with this Decree. If social networks provide other specialized services, comply with relevant laws.
2. Manage and provide social network services in compliance with the law and agreements on the provision and use of services with service users; describe the process and method of content distribution on their social networks and announce them in agreements on the provision of services/community standards for service users’ acknowledgment and selection of the use of services.
3. Ensure that service users have the right to allow or disallow domestic social network service providers to use their information for advertising, communications, or provision for other organizations and individuals.
4. Refrain from posting or letting users (including personnel of social network service providers) produce content in the forms of reportage, investigations, or press interviews for posting on social networks.
5. Inspect, supervise, and remove information and services violating Article 8 of the Law on Cybersecurity within 24 hours upon detection of violations.
6. Prevent and remove information and services violating the law upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities under specialized laws according to Clause 4 Article 24 of this Decree.
7. Suspend user accounts, community pages, community groups, and content channels regularly post content that violates the law (posting content that violates the law at least 5 times within 30 days or 10 times within 90 days, subject to requests for prevention and removal from the Ministry of Information and Communications of Vietnam or the Ministry of Public Security of Vietnam) within 24 hours upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities under specialized laws or upon detection of violations. The suspension duration shall last from 7 to 30 days, depending on the number and severity of the violations.
Ban user accounts, community pages, community groups, and content channels posting content infringing on national security or user accounts, community pages, community groups, content channels that have been suspended 3 times or more upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities under specialized laws.
Where social network service providers fail to handle content and services violating the law or fail to suspend or ban user accounts violating the law as requested, the Ministry of Information and Communications of Vietnam shall suspend the provision of social network services or revoke licenses/written confirmations of notices of social network service provision issued to the providers according to Article 33 of this Decree.
8. Within 48 hours after receiving complaints from service users in Vietnam about content violating Article 8 of the Law on Cybersecurity, social network service providers shall prevent and remove content, services, and applications violating the law.
Regarding complaints about legitimate rights and benefits of service users in Vietnam, comply with the law on the protection of consumers’ rights, the law on intellectual property, and relevant regulations.
9. Provide the information of social network service users for competent authorities upon written requests to serve the investigation and handling of violations of the law on the management, provision, and use of Internet services and cyber information.
10. Have at least 1 server system placed in Vietnam to serve the investigation, inspection, archive, and information provision upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities and serve the settlement of complaints from users regarding the service provision as per regulation.
11. Carry out the registration, archive, verification, and management of content and information of service users according to Clause 3 Article 27 of this Decree; remove the information of service users after the archive period expires as per regulation.
12. Cooperate with the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and local Departments of Information and Communications in providing information and universalizing the law of Vietnam concerning the provision and use of Internet and cyber information to service users.
13. Adopt measures to protect children online according to the law on children.
14. Connect to the supervision system of the Ministry of Information and Communications of Vietnam to collect statistics and monitor the number of service users and visitors.
15. Provide tools for searching and reviewing content as requested by the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention).
16. Submit reports according to Clause 10 Article 24 of this Decree and comply with the inspection of competent authorities.
Users of social network services (including organizations and individuals) shall have the following rights and obligations:
1. Use social network services as prescribed by the law.
2. Receive protection of the information of social network service users according to the law, excluding cases of requests from investigation authorities and competent authorities in the handling of law violations.
3. Comply with regulations on the management, provision, and use of social network services.
4. Assume responsibilities for their archived, provided, or transmitted content on social networks and information spread through their established links.
5. User accounts, content channels, community pages, and community groups may register with the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) for training and universalization of the law on the provision and use of Internet services and cyber information and be recommended with advertising options.
6. Comply with specialized laws during the provision of information and specialized services on social networks; comply with tax and payment laws during trading operations or relevant transactions on social networks.
7. Owners of user accounts, content channels, and community pages and administrators of community groups on social networks shall not name accounts, pages, channels, and groups similar or identical to the names of press authorities or use names containing words (in Vietnamese or equivalent foreign languages) that may cause misunderstandings that the subject matters are press authorities or press operations, such as such as newspaper, station, magazines, news, radio, television, communications, news agencies, etc.; assume responsibility for managing content posted on their user accounts, community pages, community groups, or content channels; prevent and remove information violating the law, information affecting the legitimate rights and benefits of other organizations and individuals, information affecting children posted on their user accounts, community pages, community groups, or content channels (including comments from service users) within 24 hours upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention), local Departments of Information and Communications, and competent authorities under specialized laws or within 48 hours regarding well-founded complaints from service users; refrain from abusing social networks to produce content in the forms of reportage, investigations, or press interviews.
8. When providing information using the livestream feature, user accounts, community pages, content channels, and community groups on social networks shall comply with this Decree. In the case of provision of information relevant to other specialized services, comply with specialized laws.
Article 37. Principles of online video game management
1. Online video games shall be classified as follows:
a) Video games with interactions among many players at the same time through the game server systems of enterprises (G1 games);
b) Video games with interactions between players and the game server systems of enterprises (G2 games);
c) Video games with interactions among many players, but there are no interactions between players and the game server systems of enterprises (G3 games);
d) Video games downloaded using networks with no interactions among players and between players and the game server systems of enterprises (G4 games);
dd) Regarding new types of online video games not prescribed in Points a, b, c, and d of this Clause, the Ministry of Information and Communications of Vietnam shall consult and propose management measures for presentation to the Prime Minister of Vietnam for consideration and decision.
2. Enterprises may release online G1 video games when they have licenses to provide G1 video game services online and decisions to release online G1 video games.
3. Enterprises may release online G2, G3, and G4 video games when they have written confirmations of the provision of online G2, G3, and G4 video games and written confirmations of notices of the release of online G2, G3, and G4 video games.
4. Foreign organizations and individuals providing online video game services for users in Vietnam, including cross-border provision services, shall establish enterprises under the law of Vietnam to provide online video game services according to this Decree and regulations on outward investment.
Article 38. Classification of online video games by players’ age
1. Online video games shall be classified based on the following age ranges:
a) Online video games for players 18 years old or older (carrying the “18+” symbol) refer to games without any erotic activity, image, sound, language, or dialogue; regarding games with fighting or combating activities, close-up images of weapons and characters simulating real people may be used;
b) Online video games for players 16 years old or older (carrying the “16+” symbol) refer to games without any erotic activity, image, sound, language, or dialogue and close-up shots causing attention to sensitive parts of the human body; regarding games with fighting and combating activities, there shall not be images or activities expressing violence;
c) Online video games for players 12 years old or older (carrying the “12+” symbol) refer to games without any erotic activity, image, sound, language, or dialogue and characters with revealing clothes, close-up shots causing attention to sensitive parts of the human body; regarding games with fighting activities, only use animated characters that simulate or do not simulate real people or combat equipment and vehicles without the presence of characters simulating real people during gameplay; animated weapons may be used without close-up shots; sounds of weapon collisions during combat shall be moderated;
d) Online video games for players of any age (carrying the “00+” symbol) refer to animation simulation games without fighting activities using weapons; spooky, horrific, and violent images and sounds; erotic activities, sounds, languages, dialogue, or images, characters with revealing clothes, and close-up shots causing attention to sensitive parts of the human body.
2. Responsibilities of enterprises providing online video game services in the classification of games by age ranges:
a) Classify online video games by players’ age according to Clause 1 of this Article;
b) Display the results of the online video game classification by players’ age in applications for licenses to provide online video game services. The classification of online video games by players’ age is one of the contents to be appraised of online video games;
c) Continuously display the results of the game classification on screens of gaming devices and advertisements; the display position shall be optional. The game classification symbol shall have recognizable size and colors.
3. When detecting enterprises classifying online G1, G2, G3, and G4 video games by players’ age contrary to Clause 1 of this Article, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and local Departments of Information and Communications shall issue written requests to enterprises for adjustments to the game classification within 15 days.
Where enterprises fail to adjust the results of the game classification by players’ age as requested, the Ministry of Information and Communications of Vietnam Authority of Broadcasting and Electronic Information) and local Departments of Information and Communications shall issue written requests for enterprises for the discontinuation of the release of the concerned games and implementation of measures to ensure players’ benefits. Within 15 days from the receipt of written documents, if enterprises fail to discontinue the release as requested, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Department of Information and Communications shall revoke decisions to release online G1 video games and written confirmations of notices of the release of online G2, G3, and G4 video games issued to enterprises.
Article 39. Issuance of licenses to provide online G1 video game services
1. Enterprises shall be entitled to the issuance of licenses to provide online G1 video game services when they meet the following conditions:
a) Being enterprises established under the law of Vietnam with professions of online video game service provision posted on the National Information Portal on Enterprise Registration; having headquarters with clear addresses and phone numbers that can be contacted;
b) Having registered domain names for service provision;
c) Having adequate financial capacity, organization, and personnel for managing online video games in conformity with their operational scale;
d) Having technical device systems for payment connections with payment service providers and payment intermediary service providers according to the law, ensuring accurate and adequate update and archive operations, and permitting players to look up detailed information on their payment accounts on game application systems (game accounts);
dd) Having technical device systems to ensure the adequate archive and update the information of players in Vietnam, including full name, date of birth, and phone number in Vietnam. Verifying players’ accounts via phone numbers in Vietnam, ensuring that only verified accounts can participate in games; where players are under 16 years old, parents or legal guardians under the civil law shall register accounts using their information and supervise and manage the play time and content of accessed by players under 16 years old; removing players’ information after the archive period expires as per regulation;
e) Having technical device systems to ensure that the daily playtime (from 00:00 to 24:00) of players under 18 years old does not exceed 60 minutes for each game and 180 minutes per day for all games dedicated to players under 18 years old provided by enterprises;
g) Having technical device systems to ensure the continuous display of the results of the classification of games by age for all games provided by enterprises during the introduction, advertising, and release; placing recommendations that read “Chơi quá 180 phút một ngày sẽ ảnh hưởng xấu đến sức khỏe” (Playing more than 180 minutes a day will negatively affect health) at recognizable positions on forums of games (if any) and on the screens of players’ devices every 30 minutes during the gaming process;
h) Having technical device systems to ensure that the content exchanged and shared in games and on the forums of games (if any) complies with Clause 2 Article 28 of this Decree;
i) Adopting measures to manage the content and information of players’ accounts to ensure the adequate archive and continuous and accurate update of information on the service use process of players, including account names, service use time, and information relevant to ownership of virtual items, virtual points, and bonuses of players;
k) Having schemes to ensure cyber information safety, information security, service quality, and legitimate rights and benefits of players;
l) Having backup schemes for equipment and connection and schemes for data backup to ensure system safety upon incidents.
2. Licenses to provide online G1 video game services shall have an effective period based on requests of enterprises but shall be no more than 10 years.
3. Licenses to provide online G1 video game services shall cease to have effect in cases where enterprises are subject to dissolution, bankruptcy, or one of the cases subject to the revocation of licenses prescribed in Clause 2 Article 47 of this Decree.
4. Where licenses to provide online G1 video game services are revoked or cease to have effect, the issuance of licenses shall be carried out similarly to the issuance procedures prescribed in Articles 40 and 41 of this Decree.
Article 40. Applications for licenses to provide online G1 video game services
An application for a license to provide online G1 video game services includes:
1. Written request for the license following Form No. 29 in the Appendix enclosed with this Decree.
2. Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of the certificate of enterprise registration or certificate of investment registration or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14.
3. Scheme to provide online G1 video game services confirmed by the legal representative of the enterprise or the head of the enterprise requesting the licensing, including:
a) Plans for service provision, financial capacity, organization, personal, and technical matters for service provision, meeting the conditions prescribed in Clause 1 Article 39 of this Decree;
b) General diagram of the system of service provision devices and the location of service provision devices;
c) Information on the system of service provision devices, including the main part and the backup part (names, functions, and expected configurations of devices) to ensure service quality, cyber information safety, and information security; plans to back up data and backup schemes; plans to ensure player's rights, benefits, information, and data;
d) Information on the method and scope of service provision (domain name, game distribution channel, and IP addresses); enterprises connecting to Internet networks and telecommunications networks (names of enterprises, addresses, and connection channel capacity);
dd) Information on the expected connection to providers of payment services and payment intermediary services.
Article 41. Procedure for issuing licenses to provide online G1 video game services
1. An enterprise shall submit an application for a license to provide online G1 video game services in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, the application must bear digital signatures according to the law on e-transactions.
2. Within 20 days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall consider issuing the license to provide online G1 video game services following Form No. 30 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
Article 42. Revision, renewal, and re-issuance of licenses to provide online G1 video game services
1. An enterprise shall carry out the procedure for revising the license to provide online G1 video game services within 10 days upon changes to the following contents:
a) Name of the enterprise;
b) Name of the legal representative of the enterprise;
c) Addresses of headquarters and transaction office;
d) Address of the server.
2. An application for revisions to the license to provide online G1 video game services includes:
a) Written request for revisions to the license to provide online G1 video game services following Form No. 31 in the Appendix enclosed with this Decree;
b) Documents proving reasons for revisions (if any).
3. An enterprise shall submit an application for revisions to the license to provide online G1 video game services in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system of the Ministry of Information and Communications of Vietnam, the application must bear digital signatures according to the law on e-transactions.
4. Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall appraise and issue the revised license to the applicant following Form No. 30 in the Appendix enclosed with this Decree. The revised license shall be effective from the revision date until the expiry date of the initial license. In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
5. License renewal:
a) Any enterprise wishing to renew an issued license shall, within 30 days before the expiry date of the license, submit a written request for the license renewal following Form No. 32 in the Appendix enclosed with this Decree in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service systems, the written request must bear digital signatures according to the law on e-transactions;
b) Within 5 working days from the receipt of the valid written request, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall appraise and issue the renewed license following Form No. 30 in the Appendix enclosed with this Decree. The consideration for the license renewal shall be carried out based on the enterprise’s compliance with regulations prescribed in the license to release online G1 video games and the law on the provision of online video game services.
In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing;
c) The license shall only be renewed once, and the renewal period shall not exceed 2 years. During the period eligible to renew the license, the enterprise may apply for licensing according to Articles 39, 40, and 41 of this Decree.
6. License re-issuance:
a) Any enterprise with a lost or damaged and unusable license may apply for the license re-issuance following Form No. 33 in the Appendix enclosed with this Decree;
b) The enterprise shall submit an application for the license re-issuance in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall consider re-issuing the license to the applicant following Form No. 30 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing;
d) The re-issued license shall have the main content identical to the initial license and the initial issuance date of the license, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
7. Any enterprise with an issued license to provide online G1 video game services shall, upon ownership transfers or changes to owners, carry out the procedures for licensing prescribed in Articles 40 and 41 of this Decree.
Article 43. Issuance of decisions to release online G1 video games
1. Enterprises shall be entitled to the issuance of decisions to release online G1 video game services when the following conditions are met:
a) They have licenses to provide online G1 video game services that are still valid for at least 6 months;
b) The content and script of video games do not violate Article 8 of the Law on Cybersecurity and regulations on intellectual property; simulate games with influences in casino business facilities or games with the use of card images; images, sounds, or languages that specifically describe acts of terrorism, murder, torture, mistreatment, abuse, or trafficking of women and children; incitement of suicide and violence; erotism and vulgarity contrary to the moral traditions, culture, and fine customs of the nation; distortion and sabotage of historical traditions; violations of the sovereignty and territorial integrity; use of drugs, alcohol, or cigarettes; gambling and other acts of law violations;
c) Online video games have results of the game classification by age confirmable with the content and script of games according to Clause 1 and 2 Article 38 of this Decree.
2. Decisions to release online G1 video games shall have an effective period based on the written agreements for enterprises to release video games in Vietnam; the effective period shall be no more than 5 years. Where the effective period of written agreements for enterprises to release video games in Vietnam expires, if enterprises providing online video games continue to receive transfers of the rights to release games, they may carry out the procedure for the re-issuance of decisions according to Point a Clause 5 Article 46 of this Decree.
Article 44. Applications for issuance of decisions to release online G1 video games
An application for the issuance of a decision to release online G1 video games includes:
1. Written request for the issuance of the decision to release online G1 video games following Form No. 34 in the Appendix enclosed with this Decree.
2. Documents, papers, and evidence proving intellectual property rights to games according to the Law on Intellectual Property; written agreement for the enterprise to release games in Vietnam. Regarding a game whose release rights are transferred by a foreign partner, relevant documents shall undergo consular legalization at the host country enclosed with the written agreement for the enterprise to release games in Vietnam (documents and papers in foreign languages shall be translated into Vietnamese and authenticated under the law on authentication).
3. Scheme to release online G1 video games confirmed by the legal representative of the enterprise or head of the enterprise requesting the decision issuance, including:
a) Names and origins of games; content and script of games meeting Point b Clause 1 Article 43 of this Decree, including character systems, task systems, maps (diagrams), virtual unit systems, virtual items, bonuses, sounds, images, interactions, implementation of tasks by characters, fighting activities among characters (including images of characters, weapons, features, etc.); release versions; results of the classification by players’ age;
b) Detailed information on the method and scope of service provision, including domain names and IP addresses of websites introducing and providing games and game applications; names of app stores distributing games;
c) Information on payment support services in online video games of the enterprise and forms of payments for games and collection of players’ payments.
4. Archive devices/electronic documents displaying specific images, activities, and sounds in games, such as account registration; maps and diagrams; lines of characters, items, and equipment for characters; specific fighting activities among characters during tasks; management of content exchanged and shared by players in games and on forums of games (if any); information on age classification and recommendations.
Article 45. Procedure for issuing decisions to release online G1 video games
1. An enterprise shall submit an application for a decision to release online G1 video games in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Within 20 days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall appraise the games. Where conditions are met, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall consider issuing the decision to release online G1 video games to the applicant following Form No. 35 in the Appendix enclosed with this Decree and send a code (displaying the symbol of licensed release of G1 video games) to the applicant through email.
In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
3. The enterprise with the issued decision shall attach the issued code to the description of video games on app stores (if any) and the websites providing video games. The code shall be linked to the licensing data section on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
Article 46. Revision and re-issuance of decisions to release online G1 video games
1. An enterprise shall carry out the procedure for revisions to the issued decision to release online G1 video games in the following cases:
a) Upon changes to names and/or origins of games;
b) Upon changes to the results of the video game classification by players’ age;
c) Upon version updates containing changes to the content and/or script of games compared to the version with the issued decision;
d) Upon changes or revisions to the approved method and/or scope of the provision of online G1 video game services (domain names regarding games provided on websites, IP addresses, and game distribution channels);
dd) Upon changes to the address of the server.
2. An application for revisions to the decision to release online G1 video games includes:
a) Written request for revisions to the decision to release online G1 video games following Form No. 36 in the Appendix enclosed with this Decree;
b) Documents proving reasons for revisions (if any).
3. The enterprise shall submit an application for revisions to the decision to release online G1 video games in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
4. Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall appraise and issue the revised decision to the applicant following Form No. 35 in the Appendix enclosed with this Decree after updating the content of the revisions and specifying the initial issuance date of the decision and the issuance date of the revised decision (if any). In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing.
5. Decision re-issuance:
a) Any enterprise with a lost or damaged and unusable decision to release online G1 video games or in the case of implementing the transitional provisions prescribed in Clause 4 Article 82 of this Decree or in the case where the written agreement for the enterprise to release games in Vietnam under Clause 2 Article 43 of this Decree is renewed, the enterprise shall apply for the decision re-issuance following Form No. 37 in the Appendix enclosed with this Decree;
b) The enterprise shall submit an application in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall consider re-issuing the decision following Form No. 35 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall answer and explain in writing;
d) The re-issued decision shall have the main content identical to the initial decision and the initial issuance date of the decision, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
6. Any enterprise with an issued decision to release online G1 video game services shall, upon ownership transfers or changes to owners, carry out the procedures for decision issuance prescribed in Articles 43 and 44 of this Decree.
1. The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue decisions to suspend the provision of online G1 video game services or the release of online G1 video games for 3 months when enterprises fall into one of the following cases:
a) Violating Article 8 of the Law on Cybersecurity;
b) Failing to meet the conditions prescribed in Clause 1 Article 39 and Clause 1 Article 43 of this Decree after receiving written requests for remedies from the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
2. The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall revoke licenses to provide online G1 video game services or decisions to release online G1 video games when:
a) Enterprises are subject to Clause 1 of this Article and fail to adopt remedial measures to ensure feasibility after the suspension period;
b) Licenses cease to have effect according to Clauses 2 and 3 Article 39 of this Decree, or decisions cease to have effect according to Clause 2 Article 43 of this Decree;
c) Enterprises issue written notices of the termination of operations or fail to provide services and submit reports to licensing authorities after 12 months from the effective date of licenses/decisions.
3. Procedures for suspending the provision and revoking licenses to provide online G1 video game services or decisions to release online G1 video games:
a) When detecting enterprises violate Point a Clause 1 of this Article, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue decisions to suspend the provision of online G1 video game services or the release of online G1 video games of enterprises for 3 months;
b) When detecting enterprises violate Point b Clause 1 of this Article, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue written notices requesting enterprises to adopt remedial measures. Within 15 days from the end date of the time limit prescribed in written notices, if enterprises fail to adopt remedial measures, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue decisions to suspend the provision of online G1 video game services or the release of online G1 video games of enterprises for 3 months;
c) When detecting enterprises violate Clause 2 of this Article, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall issue decisions to revoke licenses to provide online G1 video game services or decisions to release online G1 video games of enterprises.
4. Competent authorities shall apply necessary technical measures to prevent and suspend the provision of online G1 video game services in the following cases:
a) Enterprises providing online G1 video game services fail to suspend the release of games with content violating Article 8 of the Law on Cybersecurity or Clause 1 Article 43 of this Decree as requested by competent authorities;
b) Competent authorities are unable to contact enterprises providing online G1 video game services (through the contact information prescribed in licenses) within 24 hours (from the initial contact attempt by competent authorities) to request for the suspension of the release of games with content violating Article 8 of the Law on Cybersecurity;
c) Enterprises providing online G1 video game services fail to suspend or terminate their operations as requested by competent authorities under Clause 3 of this Article.
Article 48. Issuance of certificates of online G2, G3, and G4 video game service provision
1. Enterprises shall be entitled to the issuance of certificates of online G2, G3, and G4 video game service provision when the following conditions are met:
a) Being enterprises established under the law of Vietnam with professions of online video game service provision posted on the National Information Portal on Enterprise Registration; having headquarters with clear addresses and phone numbers that can be contacted;
b) Having registered domain names for service provision;
c) Having adequate financial capacity, organization, and personnel for managing online video games in conformity with their operational scale;
d) Having technical device systems for payment connections with payment service providers and payment intermediary service providers according to the law, ensuring accurate and adequate update and archive operations, and permitting players to look up detailed information on their payment accounts on game application systems (game accounts);
dd) Having technical device systems to ensure the adequate archive and update the information of players in Vietnam, including full name, date of birth, and phone number in Vietnam. Verifying players’ accounts via phone numbers in Vietnam, ensuring that only verified accounts can participate in games; where players are under 16 years old, parents or legal guardians under the civil law shall register accounts using their information and supervise and manage the play time and content of accessed by players under 16 years old; removing players’ information after the archive period expires as per regulation;
e) Having technical device systems to ensure that the daily playtime (from 00:00 to 24:00) of players under 18 years old does not exceed 60 minutes for each game and 180 minutes per day for all games dedicated to players under 18 years old provided by enterprises;
g) Having technical device systems to ensure the continuous display of the results of the classification of games by age for all games provided by enterprises during the introduction, advertising, and provision of online video game services; placing recommendations that read “Chơi quá 180 phút một ngày sẽ ảnh hưởng xấu đến sức khỏe” (Playing more than 180 minutes a day will negatively affect health) at recognizable positions on forums of games (if any) and on the screens of players’ devices every 30 minutes during the gaming process;
h) Having technical device systems to ensure that the content exchanged and shared on the forums of games (if any) complies with Clause 2 Article 28 of this Decree;
i) Adopting measures to manage the content and information of players’ accounts to ensure the adequate archive and continuous and accurate update of information on the service use process of players, including account names, service use time, and information relevant to ownership of virtual items, virtual points, and bonuses of players;
k) Having schemes to ensure cyber information safety, information security, service quality, and legitimate rights and benefits of players;
l) Having backup schemes for equipment and connection and schemes for data backup to ensure system safety upon incidents.
2. Certificates of online G2, G3, and G4 video game service provision shall have an effective period based on requests of enterprises but shall be no more than 10 years.
3. Certificates of online G2, G3, and G4 video game service provision shall cease to have effect in cases where enterprises are subject to dissolution, bankruptcy, or one of the cases subject to the revocation of certificates prescribed in Clause 2 Article 53 of this Decree.
4. Where certificates of online G2, G3, and G4 video game service provision are revoked or cease to have effect, the re-issuance of certificates shall be carried out similarly to the issuance procedures prescribed in Articles 49 and 50 of this Decree.
Article 49. Applications for certificates of online G2, G3, and G4 video game service provision
An application for a certificate of online G2, G3, and G4 video game service provision includes:
1. Written request for the certificate of online G2, G3, and G4 video game service provision following Form No. 38 in the Appendix enclosed with this Decree.
2. Valid copies (including copies from originals, certified copies, certified e-copies, or copies compared to originals) of the certificate of enterprise registration or certificate of investment registration or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14.
3. Scheme to provide online G2, G3, and G4 video game services confirmed by the legal representative of the enterprise or the head of the enterprise requesting the certificate issuance, including:
a) Plans for service provision, financial capacity, organization, personal, and technical matters for service provision, meeting the conditions prescribed in Clause 1 Article 48 of this Decree;
b) General diagram of the system of service provision devices and the location of service provision devices;
c) Information on the system of service provision devices, including the main part and the backup part (names, functions, and expected configurations of devices) to ensure service quality, cyber information safety, and information security; plans to back up data and backup schemes; plans to ensure player's rights, benefits, and information confidentiality;
d) Information on the method and scope of service provision (domain name, game distribution channel, and IP addresses); enterprises connecting to Internet networks and telecommunications networks (names of enterprises, addresses, and connection channel capacity);
dd) Information on the expected connection to providers of payment services and payment intermediary services.
Article 50. Procedure for issuing certificates of online G2, G3, and G4 video game service provision
1. An enterprise shall submit an application for a certificate of online G2, G3, and G4 video game service provision in person or through postal services to the local Department of Information and Communications where its operational headquarters is registered or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Within 15 days from the receipt of the valid application, the local Department of Information and Communications shall consider issuing the certificate of online G2, G3, and G4 video game service provision to the applicant following Form No. 39 in the Appendix enclosed with this Decree. In case of refusal, the Department of Information and Communications shall answer and explain in writing.
1. An enterprise shall carry out the procedure for revising the certificate of online G2, G3, and G4 video game service provision upon changes to the following contents:
a) Name of the enterprise;
b) Name of the legal representative of the enterprise;
c) Types of video games that are being provided (G2, G3, or G4);
d) Addresses of headquarters and transaction office;
dd) Address of the server.
2. An application for revisions to the certificate of online G2, G3, and G4 video game service provision includes:
a) Written request for revisions to the certificate of online G2, G3, and G4 video game service provision following Form No. 40 in the Appendix enclosed with this Decree.
b) Documents proving reasons for revisions (if any).
3. The enterprise shall submit an application for revisions to the certificate of online G2, G3, and G4 video game service provision in person or through postal services to the local Department of Information and Communications where its operational headquarters is registered or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
4. Within 5 working days from the receipt of the valid application, the local Department of Information and Communications shall consider issuing the revised certificate to the applicant following Form No. 39 in the Appendix enclosed with this Decree. The revised certificate shall be effective from the revision date until the expiry date of the initial certificate. In case of refusal, the Department of Information and Communications shall answer and explain in writing.
5. Certificate renewal:
a) Any agency, organization, or enterprise wishing to renew an issued certificate shall, within 15 days before the expiry date of the certificate, submit a written request for the certificate renewal following Form No. 41 in the Appendix enclosed with this Decree in person or through postal services to the local Department of Information and Communications where its operational headquarters is registered or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service systems, the written request must bear digital signatures according to the law on e-transactions;
b) Within 5 working days from the receipt of the valid written request, the local Department of Information and Communications shall appraise and issue the renewed certificate following form No. 39 in the Appendix enclosed with this Decree. The consideration for the certificate renewal shall be carried out based on the enterprise’s compliance with regulations prescribed in the certificate of online G2, G3, and G4 video game service provision and the law on the provision of online video game services.
In case of refusal, the local Department of Information and Communications shall answer and explain in writing;
c) The certificate shall only be renewed once, and the renewal period shall not exceed 2 years. During the period eligible to renew the certificate, the enterprise may apply for certificate issuance according to Articles 38, 49, and 50 of this Decree.
6. Certificate re-issuance:
a) Any enterprise with a lost or damaged and unusable certificate may apply for the certificate re-issuance following Form No. 42 in the Appendix enclosed with this Decree;
b) The enterprise shall submit an application in person or through postal services to the local Department of Information and Communications, where its operational headquarters is registered, or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the local Department of Information and Communications shall consider re-issuing the certificate to the applicant following Form No. 39 in the Appendix enclosed with this Decree. In case of refusal, the Department of Information and Communications shall answer and explain in writing;
d) The re-issued certificate shall have the main content identical to the initial certificate and the initial issuance date of the certificate, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
7. Any enterprise with an issued certificate of online G2, G3, and G4 video game service provision shall, upon ownership transfers or changes to owners, carry out the procedures for certificate issuance prescribed in Articles 49 and 50 of this Decree.
1. Before officially providing online G2, G3, and G4 video game services, an enterprise shall carry out the procedure for the issuance of a written confirmation of the notice of the release of online G2, G3, and G4 video games.
The content and script of online video games do not violate Article 8 of the Law on Cybersecurity and regulations on intellectual property; simulate games with influences in casino business facilities or games with the use of card images; images, sounds, or languages that specifically describe acts of terrorism, murder, torture, mistreatment, abuse, or trafficking of women and children; incitement of suicide and violence; erotism and vulgarity contrary to the moral traditions, culture, and fine customs of the nation; distortion and sabotage of historical traditions; violations of the sovereignty and territorial integrity; use of drugs, alcohol, or cigarettes; gambling and other acts of law violations.
The application for the issuance of the written confirmation of the notice of the release includes a statement of the notice of the release of online G2, G3, and G4 video games following Form No. 43 in the Appendix enclosed with this Decree.
The enterprise shall submit an application in person or through postal services to the local Department of Information and Communications, where its operational headquarters is registered, or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Within 10 days from the receipt of the valid application, the local Department of Information and Communications shall appraise it. Where conditions are met, the local Department of Information and Communications shall consider issuing the written confirmation of the notice of the release of online G2, G3, and G4 video games to the applicant following Form No. 44 in the Appendix enclosed with this Decree.
The written confirmation of the notice of the release of online G2, G3, and G4 video games shall have an effective period based on the written agreement for the enterprise to release video games in Vietnam; the effective period shall be no more than 5 years. Where the effective period of the document on authorization/transfer of game rights expires, if the enterprise providing online video games continues to receive transfers of the rights to release games, it may carry out the procedure for the written confirmation re-issuance according to Clause 5 of this Article.
In case of refusal, the local Department of Information and Communications shall answer and explain in writing.
3. An enterprise shall issue an additional information notice during the provision of online G2, G3, and G4 video games following Form No. 45 in the Appendix enclosed with this Decree to the local Department of Information and Communications where its operational headquarters is registered upon changes to the following contents during the provision of video game services:
a) Names and/or origins of games;
b) Results of the video game classification by players’ age;
c) Types of video games that are being provided (G2, G3, or G4);
d) Approved method and/or scope of the provision of online G2, G3, and G4 video game services (domain names regarding games provided on websites, IP addresses, and distribution channels regarding games provided for mobile devices);
The enterprise shall submit an application for the additional information notice in person or through postal services to the local Department of Information and Communications, where its operational headquarters is registered, or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
Within 5 working days from the receipt of the additional notice, the local Department of Information and Communications shall consider issuing the revised written confirmation of the notice of the release of online G2, G3, and G4 video games to the applicant following Form No. 44 in the Appendix enclosed with this Decree. In case of refusal, the local Department of Information and Communications shall answer and explain in writing.
4. Any enterprise with a lost or damaged and unusable written confirmation of the notice of the release of online G2, G3, and G4 video games or in the case of implementing the transitional provisions prescribed in Clause 7 Article 82 of this Decree or in the case where the authorization document prescribed in Clause 2 of this Article is renewed, the enterprise shall apply for the written confirmation re-issuance following Form No. 46 in the Appendix enclosed with this Decree.
An enterprise shall submit an application for re-issuance of the written confirmation of the notice of the release of online G2, G3, and G4 video games in person or through postal services to the local Department of Information and Communications where its operational headquarters is registered or on the online public service system of the local Department of Information and Communications.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the local Department of Information and Communications shall consider re-issuing the written confirmation to the applicant following Form No. 44 in the Appendix enclosed with this Decree. In case of refusal, the Department of Information and Communications shall answer and explain in writing.
The re-issued written confirmation shall have the main content identical to the initial written confirmation and the initial issuance date of the written confirmation, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
1. Local Departments of Information and Communications where enterprises have their operational headquarters registered shall issue decisions to suspend the provision of online G2, G3, and G4 video game services or the release of online G2, G3, and G4 video games for 3 months when organizations and enterprises fall into one of the following cases:
a) Violating Article 8 of the Law on Cybersecurity;
b) Failing to meet the conditions prescribed in Clause 1 Article 48 or Clause 1 Article 52 of this Decree after receiving written requests for remedies from the local Department of Information and Communications.
2. Local Departments of Information and Communications shall revoke certificates of online G2, G3, and G4 video game service provision or certificates of notices of the release of online G2, G3, and G4 video games when:
a) Enterprises are subject to Clause 1 of this Article and fail to adopt remedial measures to ensure feasibility as requested after the suspension period;
b) Certificates cease to have effect according to Clause 3 Article 48 of this Decree, or written confirmations cease to have effect according to Clause 2 Article 52 of this Decree;
c) Enterprises issue written notices of the termination of operations or fail to provide services and submit reports to licensing authorities after 12 months from the effective date of certificates/written confirmations.
3. Procedures for suspending the provision and revoking certificates of online G2, G3, and G4 video game service provision and written confirmations of notices of the release of online G2, G3, and G4 video games:
a) When detecting enterprises violate Point a Clause 1 of this Article, the local Departments of Information and Communications shall issue decisions to suspend the provision of online G2, G3, and G4 video game services or the release of online G2, G3, and G4 video games for months;
b) When detecting enterprises violate Point b Clause 1 of this Article, the local Department of Information and Communications shall issue written notices requesting enterprises to adopt remedial measures. Within 15 days from the end date of the time limit prescribed in written notices, if enterprises fail to adopt remedial measures, the local Department of Information and Communications shall issue decisions to suspend the provision of online G2, G3, and G3 video game services or the release of online G2, G3, and G4 video games for 3 months;
c) When detecting enterprises violate Clause 2 of this Article, the local Department of Information and Communications shall issue decisions to revoke certificates of online G2, G3, and G4 video game service provision or written confirmations of notices of the release of online G2, G3, and G4 video games of organizations and enterprises.
4. Competent authorities shall apply necessary technical measures to prevent and suspend the provision of online G2, G3, and G4 video game services in the following cases:
a) Enterprises providing online G2, G3, and G4 video game services fail to suspend the release of games with content violating Article 8 of the Law on Cybersecurity or Clause 1 Article 52 of this Decree as requested by competent authorities;
b) Competent authorities are unable to contact enterprises providing online G2, G3, and G4 video game services (through the contact information prescribed in certificates) within 24 hours (from the initial contact attempt by competent authorities) to request for the suspension of the release of games with content violating Article 8 of the Law on Cybersecurity;
c) Enterprises providing online G2, G3, and G4 video game services fail to suspend or terminate their operations as requested by competent authorities under Clause 3 of this Article.
Article 54. Responsibilities of enterprises providing online video game services
Enterprises providing online video game services shall:
1. Have at least 1 server system placed in Vietnam to serve the investigation, inspection, archive, and information provision upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities and serve the settlement of complaints from players regarding the service provision as per regulation.
2. Have websites introducing and providing online video game services adequately displaying the following information:
a) Video game classification by players’ age for each game;
b) Rules of each game (including collection of players’ payments);
c) Regulations on the management of content, information, and operations of games;
d) Principles of settling complaints and disputes over rights and benefits incurred between players and enterprises and among players;
dd) Enterprises’ information, including names of enterprises; addresses of transaction offices; contact phone numbers; license/certificate/written confirmation/ release decision numbers; codes linked to the licensing data section on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
When providing games on app stores, the descriptions of the information of games on app stores shall display the license/certificate/written confirmation/ release decision numbers; issuance date; and codes linked to the licensing data section on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
3. Apply measures to limit the negative effects of their provided games, specifically:
a) Ensure that advertisements and introductions of games (on their advertising programs, websites, or online applications) comply with the content, scripts, sounds, and images in licensed games and regulations on advertising and consist of the following information: game names; game classification by age; warnings of unwanted physical and mental impacts on players;
b) Implement the registration, archive, verification, and management of the content and information of players in compliance with the law, ensuring that only players who have adequately and accurately provided information under Clause 1 Article 56 of this Decree can participate in games; provide games with age-appropriate content; issue warnings of the effects of excessive playtime and apply measures to limit the playtime of children and people under 18 years old according to the law on children; ensure that service users have the rights to allow or disallow enterprises providing online video game services to use their information for advertising, communications, or provision for other organizations and individuals.
4. Ensure the legitimate rights of players in compliance with the announced game rules; assume responsibility for the service quality and information safety; arrange departments for receiving and settling complaints and disputes incurred between players and enterprises and among players.
5. Comply with Article 57 of this Decree.
6. In case of terminating the provision of online video game services: issue notices on game provision websites at least 90 days before the expected date of service provision termination (excluding cases of termination or suspension of operations requested by competent authorities); adopt measures to ensure the rights and benefits of players; submit written reports on the mentioned content to licensing authorities 15 days before the official termination of service provision.
7. Implement professional technical measures to manage content on forums and content shared and exchanged among players according to Clause 2 Article 28 of this Decree.
8. Refrain from advertising online video games without possessing issued decisions to release online G1 video games or written confirmations of notices of the release of online G2, G3, and G4 video games on their forums, websites, and other mass media.
9. Pay online video game appraisal fees under regulations on fees and charges.
10. Formulate periodic and irregular reports under Clause 2 Article 61 of this Decree and submit them to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered.
11. Comply with the inspection and violation handling of competent authorities.
12. Comply with the Law on Intellectual Property and documents relevant to intellectual property rights to games; comply with cyber information safety, information safety, and player’s information confidentiality laws; cooperate with competent authorities in investigating and handling law violations; provide players’ information for competent authorities upon written requests to serve the investigation and handling of violations against Internet service management, provision, and use and cyber information laws.
13. Comply with Article 58 of this Decree.
14. Connect with legal payment forms to collect players’ payments and make payments for their released online video games.
15. Adopt measures to protect children online according to the law on children.
1. The Appraisal and Counseling Council for online G1 video games shall consist of representatives of specific relevant agencies and organizations with conformable qualifications.
2. The Appraisal and Counseling Council for online G1 video games shall provide counseling during the appraisal of online G1 video games and in other special cases as requested by the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), ensuring that the appraisal and counseling are strict and objective.
3. The Ministry of Information and Communications of Vietnam shall issue the decision on the establishment and the operational regulations of the Appraisal and Counseling Council for online G1 video games.
4. The Appraisal and Counseling Council for online G1 video games may establish an Assistance Group to assist it in work relevant to the appraisal of online G1 video games. The Assistance Group shall be established by the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
Article 56. Players’ information
1. When registering online video game accounts, players shall adequately and accurately provide the following information: full names, dates of birth, and phone numbers in Vietnam. Where players are under 16 years old, parents or legal guardians shall register accounts using their information and supervise and manage the playtime and the content of games accessed by players under 16 years old.
2. Enterprises providing online video game services shall archive the information of players throughout players’ use of services and for 6 months after the players stop using services, ensure that players have rights to decide to allow or disallow enterprises to use their information for advertising, communications, or provision for other organizations and individuals; implement technical device systems to connect with the national database on population or the database on e-civil status upon requests from competent authorities to verify players’ information.
Article 57. Regulations on virtual items, virtual units, and bonuses
1. Enterprises providing online video game services may only generate virtual items, virtual units, and bonuses in online video games in compliance with the content reported in their applications entitled to decisions to release online G1 video games or written confirmations of notices of the release of online G2, G3, and G4 video games.
2. Players may use bonuses or virtual units in their game accounts to purchase or exchange virtual items generated by enterprises providing online video game services in the respective games.
3. Enterprises providing online video game services shall manage virtual items, virtual units, and bonuses in video games in compliance with their announced game rules and in conformity with the game content entitled to approval and decision issuance. Promotional programs with rewards (money or real items outside of games) shall not be attached to the interface and features of online video games.
4. Virtual items, virtual units, and bonuses may only be used within online video games in compliance with the purposes reported by enterprises; they shall not be exchanged into money or pre-paid cards for mobile telecommunications services, bank cards, vouchers, game cards, gift cards, or items with transactional value outside of online video games.
5. Players shall not trade virtual items, virtual units, and bonuses with each other.
Article 58. Regulations on game card release
1. Enterprises providing online video game services may release game cards and shall be responsible for managing them.
2. Enterprises providing online video game services may use game cards to permit players to deposit money into legal online video games of such enterprises or other enterprises in the same economic corporation, company group, parent company, or subsidiary. Game cards shall not be used to deposit money into unlicensed online video games or for other purposes.
3. When releasing game cards, enterprises providing online video game services shall issue internal regulations on game card release applied in their systems. When releasing non-physical cards, enterprises shall develop documents describing the process for opening/suspending the use of cards, the process for carrying out card transactions, the process for managing risks (including the following steps: recognition, measurement, control, and risk handling), the use of scope cards, and measures to control the use of cards in compliance with the agreed scope.
Enterprises providing online video game services shall include reports on the quantity and face value of cards and revenues in their periodic reports and submit them to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Department of Information and Communications where their operational headquarters are registered.
4. 30 days before discontinuing the release and use of game cards, enterprises providing online video game services shall issue written notices to the Ministry of Information and Communications of Vietnam and the local Department of Information and Communications, where their operational headquarters are registered, for monitoring and management.
Content of reports: the total quantity of released cards, total quantity of used cards, total quantity of outstanding cards, face value of cards, and total revenue during the release of cards.
Enterprises providing online video game services shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered or on the online public service systems of the Ministry of Information and Communications of Vietnam and the local Departments of Information and Communications.
In case of submission on the online public service system, the reports must bear digital signatures according to the law on e-transactions;
1. Refuse, suspend, or terminate connections to online G1, G2, G3, and G4 video games without licenses/certificates/written confirmations/decisions according to Clauses 2 and 3 Article 37 of this Decree.
2. Comply with the requests of competent authorities regarding the suspension or termination of connections to online G1, G2, G3, and G4 video games without licenses/certificates/written confirmations/decisions according to Clauses 2 and 3 Article 37 of this Decree or Clause 4 Article 47 and Clause 4 Article 53 of this Decree.
3. Cooperate with competent authorities on the assurance of cyber information safety and information security and the investigation and prevention of law violations concerning the provision and use of online video game services.
4. Submit reports to competent authorities upon detection of violations concerning the assurance of cyber information safety and information security to promptly prevent law violations concerning the provision and use of online video game services.
5. Cooperate with enterprises providing online video game services on the implementation of measures to protect children and limit the playtime of children and people under 18 years old according to the law on children.
Article 60. Responsibilities of payment service providers and payment intermediary service providers
1. Refuse, suspend, or terminate connections to online G1, G2, G3, and G4 video games without licenses/certificates/written confirmations/decisions according to Clauses 2 and 3 Article 37 of this Decree.
2. Comply with the requests of competent authorities regarding the suspension or termination of connections to online G1, G2, G3, and G4 video games without licenses/certificates/written confirmations/decisions according to Clauses 2 and 3 Article 37 of this Decree or Clause 4 Article 47 and Clause 4 Article 53 of this Decree.
3. Cooperate with competent authorities on the assurance of cyber information safety and information security and the investigation and prevention of law violations concerning the provision and use of online video game services.
Article 61. Regulations on information provision and reports
1. Information provision:
a) Every month, the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall announce and update the list of enterprises and licensed online G1, G2, G3, and G4 video games; the list of discontinued games; the list of suspended, revoked, and ineffective licenses/certificates/written confirmations/decisions on the web portal of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information);
b) Every month, the local Departments of Information and Communications shall announce and update the list of enterprises and licensed online G2, G3, and G4 video games, the list of discontinued online G2, G3, and G4 video games, the list of suspended, revoked, and ineffective certificates/written confirmations on their web portals.
2. Reports:
a) Enterprises providing online video game services shall submit biannual reports (by June 6 and November 25 every year) following Form No. 47 in the Appendix enclosed with this Decree to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered and irregular reports upon requests from competent authorities.
Enterprises shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered or on the online public service systems of the Ministry of Information and Communications of Vietnam and the local Departments of Information and Communications.
In case of submission on the online public service systems, the reports must bear digital signatures according to the law on e-transactions;
b) The local Departments of Information and Communications shall submit biannual reports (by June 8 and November 27 every year) on the local management, provision, and use of video game services or irregular reports upon requests following Form No. 48 in the Appendix enclosed with this Decree to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information).
The local Departments of Information and Communications shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service system, the reports must bear digital signatures according to the law on e-transactions;
Article 62. Operational conditions of public online video game service provision points
1. Organizations, enterprises, and individuals may only establish public online video game service provision points when they have certificates of eligibility to operate public online video game service provision points.
2. An organization, enterprise, or individual shall be entitled to the issuance of a certificate of eligibility to operate public online video game service provision points when the following conditions are met:
a) Having registered for the business of public online video game service provision points;
b) Having a sign that reads “Điểm cung cấp dịch vụ trò chơi điện tử công cộng” (Public online video game service provision point) specifying the point name, address, contact phone number, and business registration number. Where the public online video game service provision point is an Internet agent, “Đại lý Internet” (Internet agent) shall be added to the sign. Where the public online video game service provision point is also the public Internet access point of an enterprise, “Điểm truy nhập Internet công cộng” (public Internet access point) shall be added to the sign;
c) Having fire safety equipment and internal regulations under the regulations on the prevention and control of fire and explosions of the Ministry of Public Security of Vietnam.
3. People’s Committee of provinces and centrally affiliated cities shall:
a) Assign the People’s Committees of districts and district-level towns to carry out the application appraisal, inspection, and issuance, revision, renewal, re-issuance, and revocation of certificates of eligibility to operate public online video game service provision points in their areas;
b) Direct Departments of Information and Communications to take charge and cooperate with People’s Committees of districts and district-level towns in universalizing the law and managing, inspecting, and handling operational violations of public Internet access points and public video game service provision points in their areas; direct People’s Committees of districts and district-level towns to announce lists of public video game service provision points with issued and revoked certificates of eligibility to operate public video game service provision points their areas, lists of online video games with issued decisions/written confirmations of the release, and lists of online video games subject to revocation or operational termination on the websites of specific agencies and units; notify owners of public video game service provision points in their areas of lists of online video games with issued decisions/written confirmations of the release and lists of online video games subject to revocation or operational termination and the obligation to submit periodic reports by November 20 every year to the local Departments of Information and Communications following Form No. 49 in the Appendix enclosed with this Decree for inclusion in reports to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) by November 25 every year.
Reports shall be submitted in person or through postal services to the local Departments of Information and Communications or on the online public service systems of the local Department of Information and Communications.
In case of submission on the online public service system, the reports must bear digital signatures according to the law on e-transactions;
Article 63. Certificates of eligibility to operate public online video game service provision points
1. A certificate of eligibility to operate public online video game service provision points shall have a 3-year effective period.
2. The form of certificates of eligibility to operate public online video game service provision points shall comply with Form No. 50 in the Appendix enclosed with this Decree.
1. An application for a certificate of eligibility to operate public online video game service provision points includes:
a) Written request for the certificate following Form No. 51a or Form No. 51b in the Appendix enclosed with this Decree;
b) ID card/citizen ID card/passport of the owner of the public video game service provision point if the owner is an individual; copies of the ID card/citizen ID card/passport of the individual representing the organization or enterprise managing the public video game service provision point if the owner is an organization or enterprise in case of inability to carry out the lookup on the national dataset on population;
c) Any organization, enterprise, or individual shall submit an application for a certificate of eligibility to operate public video game service provision points in person or through postal services to a licensing authority or on the online public service system of such licensing authority.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Application processing time limit and process:
Within 15 days from the receipt of the application prescribed in Clause 1 of this Article, the licensing authority shall appraise the application, inspect, and issue the certificate of eligibility to operate public video game service provision points. In case of refusal, the licensing authority shall answer and explain in writing.
1. Any organization, enterprise, or individual that is the owner of a public video game service provision point shall carry out the procedure for revisions to the certificate of eligibility to operate public video game service provision points within 10 days in the following cases:
a) Upon changes to the public video game service provision point;
b) Upon changes to the owner of the public video game service provision point regarding cases where the owner is an individual or changes to the manager of the public video game service point regarding cases where the owner is an organization or enterprise.
2. The organization, enterprise, or individual shall submit an application for revisions to the certificate of eligibility to operate public video game service provision points in person or through postal services to the licensing authority or on the online public service system of such licensing authority.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
An application for revisions includes:
a) Written request for revisions to the certificate following Form No. 52a or Form No. 52b in the Appendix enclosed with this Decree;
b) Documents relevant to changed information (if any).
3. Within 5 working days, the licensing authority shall appraise the application and issue the revised certificate of eligibility to operate public video game service provision points to replace the old certificate. In case of refusal, the licensing authority shall answer and explain in writing.
4. The revised certificate of eligibility to operate public video game service provision points shall have an effective period equal to the remaining effective period of the old certificate.
1. Any organization, enterprise, or individual wishing to renew an issued certificate shall carry out the procedure for certificate renewal within 30 days before the certificate expires.
An application for certificate renewal includes:
a) Written request for the renewal following Form No. 53a or Form No. 53b in the Appendix enclosed with this Decree;
b) ID card/citizen ID card/passport of the owner of the public video game service provision point if the owner is an individual; copies of the ID card/citizen ID card/passport of the individual representing the organization or enterprise managing the public video game service provision point if the owner is an organization or enterprise in case of inability to carry out the lookup on the national dataset on population.
The organization, enterprise, or individual shall submit an application for certificate renewal in person or through postal services to the licensing authority or on the online public service system of such licensing authority.
In case of submission on the online public service system, the application must bear digital signatures according to the law on e-transactions;
2. Within 5 working days, the licensing authority shall appraise the application and issue the renewed certificate of eligibility to operate public video game service provision points following Form No. 54 in the Appendix enclosed with this Decree. In case of refusal, the licensing authority shall answer and explain in writing.
3. The certificate of eligibility to operate public video game service provision points shall only be renewed once; the renewal period shall not exceed 2 years. During the period eligible to renew the certificate, the organization, enterprise, or individual may apply for certificate issuance according to Articles 63 and 64 of this Decree.
4. Re-issuance of certificates of eligibility to operate public video game service provision points.
a) Any organization, enterprise, or individual with a lost or damaged and unusable certificate of eligibility to operate public video game service provision points shall apply for the re-issuance of the certificate following Form No. 55a or Form No. 55b in the Appendix enclosed with this Decree;
b) The organization, enterprise, or individual shall submit an application for the re-issuance of the certificate of eligibility to operate public video game service provision points in person or through postal services to the licensing authority or on the online public service system of such licensing authority.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the application, the licensing authority shall consider re-issuing the certificate of eligibility to operate public video game service provision points following Form No. 50 in the Appendix enclosed with this Decree. In case of refusal, the licensing authority shall answer and explain in writing;
d) The re-issued certificate of eligibility to operate public video game service provision points shall have the main content identical to the initial certificate and the initial issuance date of the certificate, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
1. The certificate of operational eligibility of an owner of a public video game service provision point shall be revoked in the following cases:
a) The owner commits fraudulent acts or provides false information for the issuance of the certificate of eligibility to operate public video game service provision points;
b) The certificate of eligibility to operate public online video game service provision points ceases to have effect.
2. In case of revocation under Point a Clause 1 of this Article, after 1 year from the date of revocation of the certificate, the owner of the public video game service provision point may apply for certificate issuance if the conditions for certificate issuance are met as per regulation.
Article 68. Responsibilities of owners of public online video game service provision points
Owners of public online video game service provision points shall:
1. Be entitled to establish device systems to provide video game services at the locations prescribed in the issued certificates of eligibility to operate public video game service provision points.
2. Be entitled to receive Internet access services after concluding Internet agent contracts with Internet access service providers.
3. Be entitled to request enterprises under Internet agent contracts to provide guidelines and information on Internet access services and comply with the inspection and supervision of such enterprises;
4. Be entitled to participate in training programs and drills concerning the Internet and video games organized by local state management authorities.
5. Publicly list the regulations on the use of video game services in easily recognizable places, including prohibited acts prescribed in Clause 1 Article 8 of the Law on Cybersecurity; Articles 7 and 69 of this Decree.
6. Prepare lists of updates on online video games licensed for release by competent authorities at service provision points with enclosed game classification by age (information updated from the websites of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or the local Departments of Information and Communications).
7. Refrain from letting organizations or Internet users use the features of the computers at business locations to commit prohibited acts prescribed in Article 8 of the Law on Cybersecurity.
8. Refrain from operating from 22:00 to 08:00 of the next day.
9. Implement the regulations on the assurance of information safety and security;
10. Comply with the inspection and violation handling of competent authorities.
Article 69. Rights and obligations of players
Players shall have the following rights and obligations:
1. Be entitled to play online video games with issued decisions to release online G1 video games or written confirmations of notices of the release of online G2, G3, and G4 video games.
2. Exercise rights and obligations of Internet users according to Article 7 of this Decree.
3. Be entitled to the assurance of rights and benefits by enterprises providing video game services based on the game rules and principles of settling complaints and disputes announced on the websites for service provision of such enterprises.
4. Select age-appropriate video games.
5. Refrain from taking advantage of video games to commit law violations.
6. Carry out the registration of players’ information according to Clause 1 Article 56 of this Decree, ensuring the accuracy of the registration information.
7. Comply with the regulations on playtime management and the regulations on operational time of public video game service provision points.
PROVISION OF INFORMATION SERVICES ON MOBILE NETWORKS
Article 70. Provision of information services on mobile networks
1. The provision of information services on mobile networks refers to when organizations and enterprises establish device systems in Vietnam to connect to mobile networks to provide information for users of mobile telecommunications services associated with texting services and voice services (high-priced call services, free call services, and information explanation services) and Internet access services on mobile networks.
The registration of connections to provide information services on mobile networks refers to when organizations and enterprises declare to competent authorities their information, types of provided information services, methods of service provision, and commitments to ensure compliance with the conditions for providing information services on mobile networks.
2. Organizations and enterprises providing information services on mobile networks making payments according to Clause 3 Article 61 of the Law on Telecommunications shall have certificates of registration of connections to provide information services on mobile networks and ensure compliance with this Decree regarding the provision of specialized information services.
Regarding free call services and high-priced call services, organizations and enterprises shall be exempted from the procedure for registration of connections to provide information services on mobile networks.
Regarding information services provided for users of mobile telecommunications services associated with Internet access services on mobile networks, organizations and enterprises shall have specialized licenses, certificates, or written confirmations issued by the Ministry of Information and Communications of Vietnam or Departments of Information and Communications.
3. Conditions for the issuance of certificates of registration of connections to provide information services on mobile networks:
a) Being organizations and enterprises established under the law of Vietnam with functions, tasks, or professions registered for the business of information service provision on mobile networks posted on the national information portal of enterprise registration;
b) Ensuring that the content of the information conforms to Clause 43 Article 3 and Clause 2 of this Article; having schemes to provide services and commit to adequately implement the responsibilities of organizations and enterprises providing information services on mobile networks according to Article 74 of this Decree.
1. An application for a certificate of registration of connections to provide information services on mobile networks includes:
a) Written request for registration of connections to provide information services on mobile networks Form No. 56 in the Appendix enclosed with this Decree;
b) Valid copies (including copies from originals, certified copies, or copies compared to originals) of one of the following papers: certificate of enterprise registration, certificate of investment registration, establishment decision (or valid copies of certificates and equivalents issued before the effective date of the Law on Investment No. 67/2014/QH13 and the Law on Enterprises No. 59/2020/QH14); or decision on functions, tasks, or operational charter (regarding associations and trade unions) with specific functions and tasks or registration of enterprises engaging in the provision of information services on mobile networks;
c) Report on connections to provide information services on mobile networks following Form No. 61 in the Appendix enclosed with this Decree in case of new issuance because the certificate of registration of connections expires according to Clause 3 of this Article or ceases to have effect according to Clause 4 of this Article.
2. Time limit and procedure for processing applications for certificates of registration of connections to provide information services on mobile networks:
a) An organization or enterprise shall submit an application for registration of connections to provide information services on mobile networks in person or through postal services to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) or on the online public service system of the Ministry of Information and Communications of Vietnam and take responsibility for the truthfulness and accuracy of the application. In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
b) Within 20 days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall consider issuing the certificate of registration of connections to provide information services on mobile networks to the applicant following Form No. 57 in the Appendix enclosed with this Decree. In case of refusal, within 5 working days, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall answer and explain in writing, specifying relevant laws.
3. Certificates of registration of connections to provide information services on mobile networks shall have an effective period based on requests of organizations and enterprises; the effective period shall be no more than 5 years.
4. Certificates of registration of connections to provide information services on mobile networks shall cease to have effect in the following cases:
a) Organizations and enterprises are subject to dissolution or bankruptcy;
b) Organizations and enterprises have their certificates revoked according to Clause 2 Article 73 of this Decree.
1. An organization or enterprise shall carry out the procedure for certificate revision upon changes to the following contents:
a) Name of the organization or enterprise;
b) Address of the headquarters;
c) Legal representative;
d) Names of information services (additions to services, discontinuation of service provision, or changes to service names);
d) Telecommunications code and number used for service provision;
e) Methods of service registration and provision.
The revised certificate shall be effective until the expiry date of the initial certificate.
2. An application for the certificate revision includes:
a) Written request for the certificate revision following Form No. 58 in the Appendix enclosed with this Decree;
b) Proof documents relevant to the content requested for revision (if any).
3. Time limit and procedure for processing applications for certificate revision:
b) The organization or enterprise shall submit an application for the certificate revision in person or through postal services to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) or on the online public service system of the Ministry of Information and Communications of Vietnam. In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
b) Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall appraise the application and issue the revised certificate following Form No. 57 in the Appendix enclosed with this Decree after updating the revised content. In case of refusal, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall answer and explain in writing.
4. Renewal of certificates of registration of connections:
a) Any organization or enterprise wishing to renew an issued certificate of registration of connections shall, within 30 days before the expiry date of the certificate, apply for the certificate renewal following Form No. 59 in the Appendix enclosed with this Decree in person or through postal services to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) or on the online public service system of the Ministry of Information and Communications of Vietnam.
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
b) Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall appraise the application and issue the renewed certificate of registration of connections to provide information services on mobile networks following Form No. 57 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall answer and explain in writing;
c) The certificate shall only be renewed once, and the renewal period shall be no more than 2 years from the expiry date of the initial certificate.
5. Certificate re-issuance:
a) Any organization or enterprise with a lost or damaged and unusable certificate may apply for the certificate re-issuance following Form No. 60 in the Appendix enclosed with this Decree;
b) The organization or enterprise shall submit an application for the certificate re-issuance in person or through postal services to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) or on the online public service system of the Ministry of Information and Communications of Vietnam;
In case of submission on the online public service systems, the application must bear digital signatures according to the law on e-transactions;
c) Within 5 working days from the receipt of the valid application, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall consider re-issuing the certificate to the applicant following Form No. 57 in the Appendix enclosed with this Decree. In case of refusal, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall answer and explain in writing;
d) The re-issued certificate shall have the main content identical to the initial certificate and the initial issuance date of the certificate, the date of revision (if any), the re-issuance date, and the number of instances of re-issuance.
6. The consideration for renewing, revising, and re-issuing certificates shall meet the conditions prescribed in Clause 3 Article 70 of this Decree.
1. Authorities competent to issue certificates according to this Decree shall issue decisions to suspend connections to provide information services on mobile networks for 3 months when organizations and enterprises fall into one of the following cases:
a) Violating Article 9 of the Law on Telecommunications or Article 8 of the Law on Cybersecurity as determined by competent authorities;
b) Failing to comply with Article 74 of this Decree after receiving written requests for remedies from competent authorities.
2. The Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall issue decisions to revoke certificates of registration of connections to provide information services on mobile networks in the following cases:
a) Organizations and enterprises fail to submit reports to the management authorities and fail to formulate feasible schemes to remedy violations after the suspension period;
b) Upon written notices of operational termination or certificate return;
c) Organizations and enterprises fail to implement the service provision after 12 months from the effective date of certificates.
3. Procedures for suspending connections to provide information services on mobile networks and revoking certificates of registration of connections to provide information services on mobile networks:
a) When competent authorities detect and notify the violations of Points a and b Clause 1 of this Article by organizations and enterprises, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall issue decisions to suspend connections to provide information services on mobile networks for 3 months;
b) When competent authorities detect and notify the violations of Point c Clause 1 of this Article by organizations and enterprises, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall issue written notices requesting organizations and enterprises to adopt remedial measures. Within 15 days from the end date of the time limit prescribed in written notices, if organizations and enterprises fail to adopt remedial measures, competent authorities shall issue decisions to suspend the certificates of registration of connections to provide information services on mobile networks for 3 months;
c) When detecting or receiving complaints about violations of Article 8 of the Law on Cybersecurity by organizations and enterprises, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall transfer the relevant content to competent authorities for consideration, verification, and feedback as the grounds for the implementation of Points a and b Clause 3 of this Article;
d) When organizations and enterprises fall into one of the cases prescribed in Clause 2 of this Article, the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) shall issue decisions to revoke the certificates of registration of connections to provide information services on mobile networks.
Organizations and enterprises providing information services on mobile networks under Clause 2 Article 70 of this Decree shall:
1. Be entitled to establish device systems and hire telecommunications transmission lines to connect to mobile telecommunications enterprises. Be entitled to provide services periodically (day, week, month, quarter, year) or non-periodically.
2. Have at least 1 server system placed in Vietnam to serve the investigation, inspection, archive, and information provision upon requests from the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and competent authorities and serve the settlement of complaints from users regarding the service provision as per regulation.
3. Implement regulations on the management, use, and utilization of telecommunications number warehouses and Internet resources according to planning and regulations on telecommunications resources management.
4. Ensure the information provided for service users complies with the law and the management of competent state authorities regarding content provided by organizations and enterprises. Take legal liability for the provided information and ensure compliance with the conditions for providing information services on mobile networks as per regulation during service provision.
5. Issue agreements on the provision and use of information services on mobile networks and guidelines on complaint settlement to users before providing services according to relevant laws.
6. Provide services according to the quality and fees announced to service users.
7. Regarding services provided periodically (day, week, month, quarter, year), services may only be provided with the consent of service users and after service users receive notices of successful service registration.
Methods of issuing confirmations and notices: through SMS or other methods decided by the Ministry of Information and Communications of Vietnam under the law.
Notices of successful service registration sent to service users shall include the following information: successfully registered subscribers [names of registered services]; telecommunications codes and numbers for service provision; payment cycle and fees; cancelation instructions; hotlines for support and counseling for service users.
8. Ensure users’ capacity for refusing services; terminating services; looking up the history of subscription transactions within 180 days from the registration date; and querying registered services for free using appropriate methods (sending text messages to service numbers, making calls to support hotlines, or accessing information provision websites of enterprises and other methods). Where the subscribers request service termination, organizations and enterprises providing services shall immediately send a text message notifying the processing results.
9. Ensure that provided services comply with the requirements of registered users; refrain from collecting service fees regarding information services not received by users or with inadequate and incomplete information compared to the registered requirements.
10. Ensure that service advertisements include the following information: service names, registration methods, payment cycles, fees, refusal methods, and hotlines for support and counseling for service users. Advertising through text messages, emails, and calls shall comply with the law on the prevention of spam messages, small emails, and spam calls.
11. Archive the provided information for at least 12 months and at least 24 months regarding the data on the processing of registration requests, service provision discontinuation requests, subscription details, complaints of users, and results of the processing of complaints from the date of receipt and processing to serve inspections as per regulation.
12. Arrange hotlines for support and counseling for service users.
13. Implement regulations on the assurance of information safety and security and comply with the control of competent authorities according to the law.
14. Adopt measures to protect the legitimate rights and benefits of service users according to the law.
15. Comply with Article 77 of this Decree and the inspection of the Ministry of Information and Communications of Vietnam and competent authorities.
Article 75. Responsibilities of mobile telecommunications enterprises
When cooperating with organizations and enterprises providing information services on mobile networks under Clause 2 Article 70 of this Decree, mobile telecommunications enterprises shall:
1. Cooperate in business with organizations and enterprises providing information services on mobile networks according to the following principles:
a) Conducting negotiations based on assurance of fairness, reasonableness, and conformity with the rights and benefits of participating parties;
b) Ensuring the effective use of telecommunications resources and infrastructures;
c) Ensuring safe and consistent operations of telecommunication networks;
d) Ensuring legitimate rights and benefits of telecommunications service users and relevant organizations and individuals, and users’ information confidentiality according to the law;
dd) Providing connections for organizations and enterprises providing information services on mobile networks regarding technical matters on telecommunications networks and promptly establish connections, ensuring reasonableness, publicity, and transparency;
e) Refraining from conducting acts of discrimination regarding connections, fees, payments, technical standards and regulations on telecommunications, network quality, and telecommunications services.
2. Assume responsibility for controlling the processes and systems of service provision of organizations and enterprises providing information services on mobile networks, ensuring that the registration, verification, refusal, renewal, and termination of services and fee collection and the issuance of notices to service users comply with relevant laws.
3. Assume responsibility for ensuring that connections to provide services only applicable to services comply with relevant laws.
4. Suspend and terminate connections or refuse to connect to enterprises providing information services on mobile networks in the following cases:
a) Mobile telecommunication enterprises detect or have verified feedback on content and services violating Article 8 of the Law on Cybersecurity;
b) Upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) or the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention). The implementation time shall be within 24 hours upon request;
c) Upon decisions to suspend connections to provide information services on mobile networks, decisions to revoke certificates of registration of connections according to this Decree, or decisions to revoke or notices of approval for return of telecommunications codes and numbers under the law on telecommunications;
d) Organizations and enterprises providing information services on mobile networks do not have the relevant certificates, or their certificates expire.
5. Mobile telecommunications enterprises shall agree on the use of telecommunications codes and numbers in conformity with the planning for number warehouses for service users to query information services currently in use. Information provided for users shall include service names, telecommunications codes and numbers, payment cycles, fees, and service termination methods.
6. Send notices to subscribers on the 25th of every month to inform users of the services currently in use (including service names, registered service packages, and service fees) through SMS or other methods decided by the Ministry of Information and Communications of Vietnam.
7. Cooperate with organizations and enterprises that provide information services on mobile networks in the settlement of complaints and disputes over service quality and fees for users, according to Article 76 of this Decree.
8. Comply with Article 77 of this Decree and the inspection of the Ministry of Information and Communications of Vietnam and competent authorities.
Article 76. Settlement of complaints about provision of information services on mobile networks
1. Mobile telecommunications enterprises and organizations and enterprises providing information services on mobile networks shall carry out the procedure for receiving and settling complaints according to the law on consumer protection and relevant laws.
2. Where the collection of service use fees is contrary to regulations, organizations and enterprises providing information services and telecommunications enterprises shall return the improperly collected fees to service users within 30 days from the results of the complaint settlement.
1. Organizations and enterprises providing information services on mobile networks shall submit periodic reports before November 25 every year following Form No. 61 in the Appendix enclosed with this Decree or irregular reports upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Telecommunications Authority) and the local Departments of Information and Communications.
Reports shall be submitted in person, through postal services, online, or on the online public service systems to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority (Vietnam Telecommunications Authority) and the local Departments of Information and Communications where enterprises have their operational headquarters registered.
2. Mobile telecommunications organizations and enterprises shall submit periodic reports once a year and irregular reports upon requests from competent authorities.
Mobile telecommunications organizations and enterprises shall submit periodic reports before November 25 every year following Form No. 62 in the Appendix enclosed with this Decree or irregular reports upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Telecommunications Authority) and the local Departments of Information and Communications.
Organizations and enterprises shall submit reports in person or through postal services to the Ministry of Information and Communications of Vietnam (Vietnam Telecommunications Authority) and the local Departments of Information and Communications where their operational headquarters are registered or on the online public service systems of the Ministry of Information and Communications of Vietnam and the local Department of Information and Communications.
In case of submission on the online public service system, the reports must bear digital signatures according to the law on e-transactions;
Article 78. Rights and obligations of users of information services on mobile networks
Users of information services on mobile networks shall have the following rights and obligations:
1. Be entitled to use information services on mobile networks, excluding prohibited services according to the law.
2. Comply with the regulations on the use of information services on mobile networks and telecommunications services according to the law.
3. Inspect and assume responsibility for their decisions to use the services.
4. Be entitled to make complaints and denunciations when the service quality or content is contrary to the services announced and agreed on by organizations and enterprises providing information services on mobile networks.
SUPERVISION OF INFORMATION AND PREVENTION AND REMOVAL OF INFORMATION VIOLATING LAW ONLINE
Article 79. Supervision of cyber information
1. The Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam shall implement technical systems to supervise and collect cyber information nationwide.
2. Telecommunications enterprises providing Internet services and Internet service providers shall:
a) Adopt measures to supervise, collect, and detect information violating the law online on their technical infrastructures and applications following the guidelines and requests of the Ministry of Information and Communications of Vietnam and the Ministry of Public Security of Vietnam (regarding violations of copyrights and intellectual property, comply with the Law on Intellectual Property and relevant regulations);
b) Provide information and data relevant to telecommunications and Internet subscribers with signs of law violations online to ensure the accurate lookup and identification of organizations and individuals using services as requested by the Ministry of Information and Communications of Vietnam (Authority of Information Safety) or the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention).
Article 80. Prevention and removal of information violating law online
1. Ministries and central and local authorities shall, within their functions, tasks, and powers, take charge or cooperate in preventing and handling information violating the law online relevant to fields and areas under their management. In necessary cases, the mentioned entities shall promptly send the information violating the law online relevant to fields and areas under their management to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention) for handling.
2. The Ministry of Information and Communications of Vietnam (Authority of Information Safety) and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention) shall direct and supervise compliance of telecommunications enterprises and providers of Internet services, hosting services, data center services, and other enterprises regarding the prevention and removal of information violating the law online.
3. The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention) shall direct telecommunications and Internet enterprises to refuse to provide or suspend the provision of telecommunications services, Internet services, and other services for organizations and individuals using services to post information violating the law online.
4. Telecommunications enterprises, providers of Internet services, hosting services, and data center services, and telecommunications application service providers shall:
a) Prevent and remove online content, services, and applications violating the law within 24 hours upon written or electronic requests or requests through phone from the Ministry of Information and Communications of Vietnam (Authority of Information Safety) or the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention);
b) Refuse to provide or suspend the provision of telecommunications services, Internet services, and other services for organizations and individuals using services to post information violating the law online as requested by the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) or the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention);
c) Telecommunications enterprises and Internet service providers shall connect and receive requests for regulation and report on the results through technical systems and adopt other handling measures as requested by the Ministry of Information and Communications of Vietnam (Authority of Information Safety) or the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention).
5. Internet service providers shall:
a) Implement measures on network access devices provided by them for users to protect users from accessing information sources violating the law, preventing risks of loss of cyber information safety; connect and share information and data with the technical systems of the Ministry of Information and Communications of Vietnam (Authority of Information Safety) and the Ministry of Public Security of Vietnam (Department of Cyber Security and High-Tech Crime Prevention);
b) The Ministry of Information and Communications of Vietnam shall provide guidelines and direct providers to implement the measures prescribed in Point a Clause 5 of this Article.
Internet service providers and domain name registration and maintenance service providers shall specify in the contracts for the provision and use of Internet services or domain name registration and maintenance services that domestic and overseas organizations and individuals concluding such contracts shall:
1. Refrain from providing, posting, archiving, and transmitting information violating the law when using Internet services.
2. Prevent and remove the content violating the law upon requests from competent state authorities according to the law.
TRANSITIONAL PROVISION AND IMPLEMENTATION
Article 82. Transitional provision
1. Licenses to establish news aggregator sites issued under Decree No. 72/2013/ND-CP and Decree No. 27/2013/ND-CP shall comply with the issued time limit.
Within 90 days from the effective date of this Decree, if agencies, organizations, and enterprises with issued licenses to establish news aggregator sites link with press agencies under Point c Clause 5 Article 24 of this Decree, they shall apply for the re-issuance of licenses to establish news aggregator sites according to Clause 1 Article 28 and Clause 1 Article 29 of this Decree.
2. Licenses to provide social network services issued under Decree No. 72/2013/ND-CP and Decree No. 27/2013/ND-CP shall comply with the issued time limit.
Within 90 days from the effective date of this Decree, agencies, organizations, and enterprises with issued licenses to provide social network services shall review and submit reports to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) on the total regular visits from Vietnam in a month (average statistics for 6 consecutive months) and the number of regular users in the month on social networks under their management.
3. Licenses to provide online G1 video games and certificates of online G2, G3, and G4 video game service provision issued under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP shall comply with the issued time limit.
4. Issued decisions to approve content and scripts of online G1 video games shall cease to have effect when licenses to provide online G1 video games issued to enterprises under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP cease to have effect.
5. Within 90 days from the effective date of this Decree, enterprises with issued decisions to approve content and scripts of online video games under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP shall review, collect statistics, and submit reports to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) on games that are being released (lists and numbers of licensed games enclosed with information on such games: game names, age classification, game origins, and service provision scope and method; lists and numbers of discontinued games).
6. Within 90 days from the effective date of this Decree, enterprises with issued decisions to approve content and scripts of online video games under Joint Circular No. 60/2006/TTLT-BVHTT-BBCVT-BCA dated June 1, 2006 of the Ministry of Culture and Information, Ministry of Post and Telematics, and Ministry of Public Security of Vietnam shall review and collect statistics on games that are being released and carry out the procedure for the issuance of decisions to release online G1 video games according to Articles 43 and 44 of this Decree.
The Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) shall appraise and re-issue decisions regarding online G1 video games meeting prescribed conditions or issue notices of discontinuation regarding online G1 video games failing to meet the conditions prescribed in Article 43 of this Decree.
Within 90 days from the notices of discontinuation of the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information), enterprises shall discontinue the release of games.
7. Issued written confirmations of notices of online G2, G3, and G4 video game service provision shall cease to have effect when certificates of online G2, G3, and G4 video game service provision issued to enterprises under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP cease to have effect.
8. Within 90 days from the effective date of this Decree, enterprises with issued certificates of online G2, G3, and G4 video game service provision under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP shall review, collect statistics, and submit reports to the local Departments of Information and Communications where their operational headquarters are registered regarding games that are being released (lists and numbers of licensed games enclosed with information on such games: game names, age classification, game origins, types of provided games (G2, G3, or G4), and service provision scope and method); lists and numbers of discontinued games.
9. Certificates of registration of provision of information services on mobile networks shall cease to have effect 90 days after the effective date of this Decree. To continue to provide services according to Clause 2 Article 70 of this Decree, organizations and enterprises with issued certificates of registration of provision of information services on mobile networks shall carry out the procedure for the issuance of certificates of registration of connections to provide information services on mobile networks under Article 71 of this Decree.
10. Within 90 days from the effective date of this Decree, foreign organizations, enterprises, and individuals engaging in cross-border information for entities in Vietnam and organizations and enterprises providing domestic social network services shall verify active accounts of social network users according to Point e Clause 3 Article 23 and Point b Clause 3 Article 27 of this Decree.
11. Within 90 days from the effective date of this Decree, if agencies, organizations, enterprises, and individuals fail to comply with Clauses 1, 2, 5, 6, 8, and 10 of this Article, they shall be handled under the law.
12. Regarding valid applications for licenses/certificates/decisions/written confirmations of agencies, organizations, enterprises, and individuals submitted to competent authorities but licenses/certificates/decisions/written confirmations have yet to be issued by the effective date of this Decree, comply with Decree No. 72/2013/ND-CP dated July 15, 2013, Decree No. 27/2018/ND-CP dated March 1, 2018, and Article 2 of Decree No. 150/2018/ND-CP dated November 7, 2018 of the Government of Vietnam, excluding cases where concerned parties choose to apply this Decree.
1. This Decree comes into force as of December 25, 2024.
2. The following shall be annulled:
a) Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government of Vietnam;
b) Decree No. 27/2018/ND-CP dated March 1, 2018 of the Government of Vietnam;
c) Article 2 of Decree No. 150/2018/ND-CP dated November 7, 2018 of the Government of Vietnam.
1. The Minister of Information and Communications of Vietnam shall provide guidelines for and inspect the implementation of this Decree.
2. The Minister of Information and Communications of Vietnam shall promulgate Circulars elaborating Article 9, Clause 2 Article 11, Article 12, Article 13, Article 14, Article 15, Article 16, Article 17, and Article 19 of this Decree.
3. Ministers, Directors of ministerial agencies, Directors of governmental agencies, and Presidents of People’s Committees at all levels shall implement this Decree.
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