The Government of Vietnam has issued a new decree governing internet services and online information, which shall come into force on 25 December 2024. Decree No. 147/2024/ND-CP, promulgated on 9 November 2024, supersedes the previous Decree No. 72/2013/ND-CP and its amendments.

This comprehensive legislation, comprising over 200 pages and 62 appended forms, addresses a wide array of internet and online topics. These include, inter alia, internet services, domain names, cross-border information provision, social network services, aggregated information websites, online game services, and app store services.

Key Provisions

Cross-Border Information Provision

Offshore service providers, including those offering social network and app store services on a cross-border basis, are subject to stricter requirements if they either lease data storage in Vietnam or meet a threshold of 100,000 or more total visits per month from Vietnam for six consecutive months. These providers must:

1. Notify the Authority of Broadcasting and Electronic Information (ABEI) of their contact information
2. Monitor and remove illegal content
3. Store and manage user data as required
4. Authenticate social network user accounts using Vietnamese mobile numbers or identification numbers
5. Submit annual and ad hoc reports to the ABEI
6. Handle user complaints. Only cross-border providers who have duly notified the ABEI of their contact details may offer live-stream and revenue-generating services. Non-compliance may result in blocks and penalties.

Social Networks

Decree 147 establishes distinct regimes for offshore and onshore social network services:

1. Offshore providers meeting the aforementioned threshold must notify the ABEI of their contact information.
2. Onshore providers reaching 10,000 total visits per month for six consecutive months or1,000 regular users per month must obtain a Social Network Licence.
3. Other onshore providers with low traffic must obtain a Notification Certificate from the ABEI.

The decree also regulates live-stream activities by stipulating conditions for social network service providers to offer live-stream functions and for social network accounts to conduct live-stream activities.

Online Games

Foreign organisations and individuals are prohibited from providing online games to service users in Vietnam on a cross-border basis. To offer such services, they must establish a local enterprise in Vietnam.

This new decree is expected to have a significant impact on both onshore and offshore service providers in the respective fields and may potentially tighten the regulatory landscape for internet services and online information provision in Vietnam.

Federico Vasoli
dMTV Global - International legal and tax guidance