On November 9, 2024, Vietnam’s government unveiled Decree No. 147/2024/ND-CP, marking a significant shift in the regulation of internet services. This groundbreaking regulation, set to take effect on December 25, 2024, replaces the decade-old Decree No. 72/2013/ND-CP and its subsequent amendments. With over 200 pages of provisions and an extensive appendix containing 62 forms, Decree 147 introduces comprehensive measures to reshape access, content moderation, and user data management within Vietnam’s digital ecosystem.
Comprehensive Scope of Decree No. 147
Decree 147 encompasses a broad spectrum of issues, including:
- Manage internet services and domain names.
- Regulations on cross-border information provision.
- Oversight of social networks, online games, app stores, and telecom application services.
- Responsibilities of telecom operators, internet providers, data centers, and web hosting services.
By addressing these areas, the decree underscores Vietnam’s commitment to aligning its digital regulatory framework with national priorities and international trends.
Key Provisions of Decree 147
Cross-Border Information Provision
Offshore service providers, particularly those offering cross-border internet services, are subject to stringent requirements. Providers, such as social networks and app stores, must comply if they:
- Lease data storage in Vietnam.
- Attract 100,000 or more total visits per month from Vietnam for six consecutive months.
Key obligations include:
- Notification of Contact Information: Providers must formally notify the Authority of Broadcasting and Electronic Information (ABEI) using a specified form.
- Content Monitoring and Removal: Platforms must actively monitor and remove content deemed illegal under Vietnamese law.
- User Data Management: Providers are required to verify social network user accounts via Vietnamese mobile numbers or ID numbers.
- Reporting: Annual and ad hoc compliance reports must be submitted to the ABEI.
- Livestream Restrictions: Only providers who notify the ABEI can offer live stream or revenue-generating services.
Failure to comply with these obligations can result in severe penalties, including fines, operational suspensions, or bans from operating in Vietnam. Local telecom and internet service providers are also mandated to report and support compliance efforts.
Social Network Services
Distinct regulatory regimes apply to onshore and offshore social network providers:
For Onshore Providers:
- Platforms with over 10,000 total visits per month for six consecutive months or 1,000 regular users per month must obtain a Social Network License from the ABEI.
- Smaller platforms are required to secure a Notification Certificate for legal operation.
For Offshore Providers:
- Providers attracting 100,000 or more visits per month for six consecutive months must notify the ABEI of their contact information.
Livestream regulations:
- Social network platforms must meet specific conditions to enable livestream functionality.
- Individual accounts intending to conduct livestreams are also subject to eligibility requirements, including compliance with a platform and national regulations.
Online Game Services
Vietnam reinforces its long-standing restrictions on cross-border online gaming services. Foreign entities are prohibited from offering online games to Vietnamese users unless they establish a local enterprise. Additionally, the decree introduces a new content rating system, including a 16+ category to protect younger audiences and ensure game suitability.
Implications for Stakeholders
Decree 147 signals Vietnam’s determination to enhance oversight of its digital landscape. While it imposes stricter compliance obligations on both local and international providers, it also aims to foster a safer and more regulated online environment. Key stakeholders should:
- Review and align their operations with the decree’s provisions.
- Implement robust content moderation and user data management practices.
- Establish local enterprises if required to continue offering services in Vietnam.
By implementing Decree No. 147/2024, Vietnam is positioning itself as a regional leader in internet regulation, balancing technological advancement with national security and user protection. For businesses operating in the country’s digital space, proactive adaptation to these regulations will be essential for continued success.
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