The Government of Vietnam has officially issued Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (“Decree 147“). This new regulation, dated 9 November 2024, will take effect on 25 December 2024, replacing the earlier Decree No. 72/2013/ND-CP (“Decree 72“). This Decree 147 will affect domestic and foreign entities involved in managing, providing, or using internet services and online information, including social network service providers, online application providers, app stores, and online game providers.
Key Updates in Decree 147
1. Stricter Regulations for Social Networks
Under Decree 147, offshore social networks are classified as cross-border information provision services. Foreign enterprises providing such services into Vietnam, if they use data storage services in Vietnam, or they attract over 100,000 visits per month from Vietnam (calculated as an average over six consecutive months), they will have additional obligations beyond those stipulated in Decree 72 (e.g. notifying contact information to the Vietnamese Ministry of Information and Communications (“MIC”) and cooperating with the MIC to handle violations), in particular:
User Data Storage: Providers must store Vietnamese users’ information (full name, date of birth, and Vietnam-based mobile phone number or personal identification number). For users under 16 years old, their accounts must be registered by parents or legal guardians, who are also responsible for monitoring their activity.
Account Verification: User accounts must be verified using a Vietnam-based mobile phone number or, if unavailable, a personal identification number.
Commercial Livestreams: Accounts using livestream features for commercial purposes must undergo verification through personal identification numbers. Only verified accounts can post, comment, livestream, or share content.
Child Protection: Providers must classify and label inappropriate content for children and implement online safety measures.
Content Regulation: Providers must cooperate with Vietnamese authorities to offer search tools, scan content, and establish agreements with Vietnamese press agencies for media use. Unauthorized use of Vietnamese media sources is prohibited.
Compliance and Reporting: Providers must disseminate Vietnamese laws on internet use and cybersecurity to users and submit annual reports to the MIC by 25 November.
Notably, foreign providers that do not notify their contact information to the MIC are prohibited from offering livestream features or conducting revenue-generating activities for Vietnamese users.
2. Changes for Online Game Providers
The cross-border provision of online games remains prohibited, as stipulated in Decree 72. Offshore game publishers must establish a local entity in Vietnam to operate legally.
New Age Categories: A 16+ category has been introduced for games suitable only for users aged 16 and above.
License Name Changes: The “Decision on Approval of Content and Script for G1 Online Games” is now the “Decision on Issuance of G1 Online Games.” Meanwhile, the “Certificate of Notification for Providing G2, G3, G4 Online Game Services” is now the “Certificate of Notification for Issuance of G2, G3, G4 Online Games.”
While licensing procedures remain largely unchanged, technical systems must now manage daily playtime for users under 18, limiting it to: 60 minutes per game, and 180 minutes across all games provided by the same enterprise.
Games must prominently display a warning every 30 minutes: “Playing more than 180 minutes a day will negatively affect health.”
3. Increased Oversight of Offshore App Stores
Foreign app stores face stricter cooperation requirements with local authorities. They must:
- Remove illegal applications within 24 hours of receiving written requests from the MIC, the Ministry of Public Security or other authorities;
- Adhere to Vietnam’s payment regulations; and
- Ensure online game providers present valid approval certificates before uploading games to their platforms.
In addition, Online game providers bear full responsibility for the accuracy of submitted information and documents.
Implications for Enterprises
Decree 147 introduces comprehensive regulations aimed at enhancing state oversight of internet services, particularly those provided by cross-border entities. Both domestic and foreign enterprises must carefully review the new requirements to ensure compliance.
It is strongly recommended that foreign service providers offering cross-border services to Vietnamese users seek legal advice to navigate the decree’s obligations effectively before it comes into effect on 25 December 2024.
The information provided is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
