Decree 147/2024/ND-CP management, provision and use of Internet services and cyberinformation

DECREE

On the management, provision and use of Internet services and cyberinformation[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the December 14, 2004 Law on National Security;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 19, 2015 Law on Cyberinformation Security;

Pursuant to the April 5, 2016 Law on Press;

Pursuant to the April 5, 2016 Law on Children;

Pursuant to the June 12, 2018 Law on Cyber Security;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the January 11, 2022 Consolidated Text of the Law on Enterprises;

Pursuant to the November 24, 2023 Law on Telecommunications;

At the proposal of the Minister of Information and Communications;

The Government promulgates the Decree on the management, provision and use of Internet services and cyberinformation.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides measures to facilitate the management, provision and use of Internet services and cyberinformation, including: Internet services and Internet resources; cyberinformation; provision of information content services on mobile telecommunications networks; surveillance of information and prevention and removal of illegal information in the cyberspace.

Article 2. Subjects of application

This Decree applies to domestic and foreign organizations and individuals directly engaged in or related to the management, provision and use of Internet services and cyberinformation.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Internet services means a type of telecommunications services, including Internet access services and Internet connection services:

a/ Internet access services are services that enable telecommunications service users to access the Internet;

b/ Internet connection services are services that enable Internet access service providers and telecommunications application service providers to connect with each other in order to transmit Internet traffic.

2. Internet exchange points means a system of telecommunications equipment, including:

a/ Internet exchange points established by enterprises to provide Internet connection services;

b/ The Vietnam National Internet eXchange (VNIX) established by the Ministry of Information and Communications (the Vietnam Internet Network Information Center - VNNIC) to implement the contents specified in Clause 2, Article 8 of this Decree.

3. Internet service provider means a telecommunications enterprise that provides the Internet services specified in Clause 1 of this Article.

4. Internet agent means an organization or individual that provides Internet access services to telecommunications service users under an agency contract signed with an Internet service provider.

5. Public Internet access points include:

a/ Locations that Internet agents may lawfully use to provide services;

b/ Enterprises’ public Internet access points that are locations directly managed by member units or individuals acting as representatives of Internet access service providers to provide Internet access services to telecommunications service users;

c/ Public Internet access points at hotels, restaurants, airports, wharves, bus stations, cafes and other public places which are locations that organizations and individuals may lawfully use to provide Internet access services to telecommunications service users.

6. Internet user means an organization or individual that enters into a contract on provision and use of telecommunications services with an Internet access service provider or a public Internet access point to use applications and services on the Internet.

7. Internet resources means a collection of domain names, Internet Protocol (IP) addresses, autonomous system numbers (ASNs) and other names and numbers under Vietnam’s management, including:

a/ Vietnam’s Internet resources, including: Vietnam national domain names “.vn”; IP addresses; ASNs, and other Vietnam national names and numbers allocated and granted by the Ministry of Information and Communications (the VNNIC);

b/ International Internet resources, including: international domain names; IP addresses; ASNs, and other international names and numbers allocated and granted by international organizations to organizations and individuals using and providing services in Vietnam.

8. International domain name means a generic top-level domain (gTLD) or country code top-level domain (ccTLD) other than a Vietnam national domain name or a subdomain name of the above-mentioned domain names.

9. Vietnam national domain names “.vn” include Vietnam top-level national domain names (“.vn”) and their subdomain names that are managed and licensed by the Ministry of Information and Communications.

10. New generic top-level domain (New gTLD) means a gTLD allocated and transferred by the Internet Corporation for Assigned Names and Numbers (ICANN) to an organization or individual under the ICANN’s New gTLD program.

11. Domain name registration and maintenance services means services whereby the TLD Registries and Registrars enable agencies, organizations, enterprises and individuals to register, maintain, manage, and change registration information on, domain names through collecting, storing, managing, and ensuring the security of, domain name data and domain name registrant information; ensuring the operation safety of domain names; managing and operating technical systems serving domain name registration and maintenance; and managing, supervising and promoting the registration and use of domain names. Domain name registration and maintenance services include: Vietnam national domain name “.vn” registration and maintenance services and international domain name registration and maintenance services.

a/ Vietnam national domain name “.vn” registration and maintenance services are services provided by the VNNIC and Registrars of Vietnam national domain names “.vn”. The VNNIC shall carry out the activities of the Vietnam National Domain Name “.vn” Registry (.vn Registry); manage data and secure the operation of all Vietnam national domain names “.vn”; manage, operate and exploit technical systems of the .vn Registry for the registration and maintenance of Vietnam national domain names “.vn”; and manage, inspect, supervise and promote the registration and use of Vietnam national domain names “.vn”. Registrars of Vietnam national domain names “.vn” shall receive and process requests from the subjects registering for use of Vietnam national domain names “.vn”; and manage data and secure the operation of Vietnam national domain names “.vn” of customers of Registrars;

b/ International domain name registration and maintenance services are services provided by the New gTLD Registries, Registrars of international domain names in Vietnam, and foreign organizations and enterprises providing cross-border domain name registration and maintenance services to agencies, organizations, enterprises and individuals in Vietnam.

12. Protection of national interests related to New gTLDs and their second-level domain names means the implementation of measures to prevent, oppose and prevent the registration and use of the New gTLDs and their second-level domain names that are likely to infringe upon national interests.

13. Domain name suspension means the application of necessary technical measures to suspend the operation of a domain name or prevent access to violating information sources for a certain period to serve the handling of violations and management of Internet resources.

14. Domain name revocation means the application of necessary technical measures to abolish the concerned registrant’s domain name use right to serve the handling of violations, settlement of disputes and management of Internet resources.

15. Domain name registration and use status maintenance means the application of necessary technical measures to prevent the change of use registrants or change of Registrars of domain names to serve the handling of violations and settlement of disputes related to domain names.

16. Cyberinformation means information provided, transmitted, collected, processed, stored and exchanged through the Internet and intranets.

17. Republished information on news aggregator websites means information already published and broadcast in Vietnam’s press and information already published and broadcast on websites of Party organizations and state agencies in accordance with the laws on press and intellectual property.

18. Fake news means partially or wholly false or misleading information that is created by one or more than one subject to serve its/his/her/their own purposes and intentions.

19. Website means an information page or a group of information pages and applications on the Internet that is/are presented in the form of symbols, numbers, scripts, images or sounds or other forms to serve the provision and use of different contents and services on the Internet.

20. News aggregator website means a website of an agency, organization or enterprise that provides general information.

21. Internal website means a website of an agency, organization or enterprise that provides information on the functions, tasks, powers, organizational apparatus, activities, services, products and business lines serving the operation of such agency, organization or enterprise.

22. Personal web page means a website established by an individual for providing and exchanging his/her own information or other information in accordance with law.

23. Specialized service website means a website providing services related to education and training; vocational education; health; culture, sports and tourism; information and communication; science and technology; natural resources and the environment; transport; agriculture and rural development; industry and trade; construction; labor, invalids and social affairs; justice; and other fields in accordance with law.

24. Internal forum on website of agency, organization or enterprise means a forum used for the exchange and inquiry of internal information directly related to the functions, tasks, powers, organizational apparatus, services, products and business lines serving the operation of such agency, organization or enterprise.

25. Social network means an information system established on the platform of a website or an online application to provide services and tools that enables service users to provide, exchange, interact and share information with one another.

26. User account means an account created by an individual or organization on a social network to access and use services and features of such social network.

27. Fanpage means a website established on a social network created by a user account to provide, transmit, collect, exchange and share information and connect the community of users of such social network.

28. Channel means a website established on a social network created by a user account to provide, transmit, collect, exchange and share information (usually in the form of video) and connect the community of users of such social network.

29. Group means a collection of multiple user accounts established on the same social network created and administered by one or more than one user account as owner(s) according to the specified scope and purpose of operation in order to provide, transmit, collect, exchange and share information within the group.

30. Livestream means a feature that enables accounts on social networks or digital platforms serving e-transactions to transmit online the contents and data in the form of real-time sounds and images.

31. Application means a software program designed to help users use one or more than one feature or service in the cyberspace.

32. Application store means a digital platform used to post, distribute, install and update applications in the cyberspace.

33. Cross-border information provision means the provision of information and information content services in the cyberspace by overseas organizations and individuals to Vietnam-based service users to access or use services.

34. Online game services means services that enable players to access the network for playing video games.

35. Online game service provider means an enterprise established under Vietnam’s law that provides online game services through the installation of equipment systems and lawful use of video game software.

36. Public video game service points means places established by organizations or individuals in accordance with law to provide public video game services, including: public Internet access points providing online game services and public video game service points through computer networks without requiring Internet access.

37. Online game player (below referred to as player) means an individual who enters into a contract with an online game service provider or comes to a public video game service point to play online games.

38. Virtual unit in online game means a type of unit that is created, conventionally set and released by an online game service provider for players to use, exchange, buy and sell virtual items, bonus points, skills and features in online games of such service provider.

39. Virtual items in online games means graphic images of non-physical objects in games, such as objects, characters, tools, equipment, etc., under certain rules established or initiated by online game service providers.

40. Bonus points in online games means rewards given in the form of points that players receive in the process of playing games as conventionally set and established by online game service providers. Bonus points do not include monetary bonuses, monetary promotions, or other forms that are convertible and valuable not for games.

41. Payment support services in online games means all activities of helping online game service providers collect money from players, including cashless payment services, payment intermediary services and other payment services as specified by law.

42. Online game recharge card (below referred to as game card) means an internal card issued by an online game service provider and used only to recharge money for lawful online games of such service provider or of other enterprises in the same economic group, group of companies, or parent company and subsidiaries of such service provider.

43. Information content services on mobile telecommunications network means services provided by an organization or enterprise through the mobile telecommunications network infrastructure to mobile telecommunications subscribers (excluding information lookup services for products and services of organizations and enterprises; customer services; and transaction confirmation services).

44. Cyberinformation security means assurance that cyberinformation does not harm national security, social order and safety, state secrets, and lawful rights and interests of organizations and individuals.

45. Data storage space leasing services means services of providing storage spaces established by service providers for organizations and individuals.

Article 4. Policies on development and management of the Internet and cyberinformation

1. To promote the use of the Internet in all socio-economic activities, especially in the fields of education, training, health, and scientific and technological research in order to increase productivity, create jobs and improve the quality of life.

2. To promote the development of Vietnamese-language contents and applications serving the Vietnamese community on the Internet; to promote the posting of healthy and useful information on the Internet.

3. To facilitate the development of broadband Internet infrastructure in schools, hospitals, research institutes, libraries, state agencies, enterprises, public Internet access points and households; to attach importance to the universalization of Internet services in rural, deep-lying, remote, border and island areas and areas with extremely difficult socio-economic conditions.

4. To prevent acts of abusing the Internet to cause harms to national security and social order and safety, or violate ethics, fine traditions and customs, and law; to apply measures to protect children and adolescents from negative impacts of the Internet.

5. To promote and facilitate the widespread use of Vietnam national domain names “.vn” and Vietnamese-language domain names, and the shifting to IPv6 address technology (IPv6 technology).

6. To promote Internet-related international cooperation on the basis of respect for independence, sovereignty, equality, mutual benefit, and compliance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Chapter II

MANAGEMENT, PROVISION AND USE OF INTERNET SERVICES AND INTERNET RESOURCES

Section 1

INTERNET SERVICES

Article 5. Conditions for operation of public Internet access points

1. An Internet agent may operate when fully satisfying the following conditions:

a/ Having registered for Internet agency business;

b/ Having signed an Internet agency contract with an Internet access service provider;

c/ Complying with Clause 1, Article 62 of this Decree, if wishing to provide video game services.

2. Owners of public Internet access points of enterprises are not required to register for Internet agency business and sign Internet agency contracts. If wishing to provide video game services, they shall comply with Clause 1, Article 62 of this Decree.

3. Owners of public Internet access points at hotels, restaurants, airports, wharves, bus stations, cafes and other public places, when providing Internet access services to users within these places:

a/ Are not required to register for Internet agency business and sign Internet agency contracts if providing services free of charge;

b/ Are required to register for Internet agency business and sign Internet agency contracts if providing charged services.

4. Provincial-level People’s Committees shall provide measures on the opening hours of Internet agents and public Internet access points that do not provide video game services in localities.

Article 6. Responsibilities of owners of public Internet access points

1. Internet agents have the following responsibilities:

a/ To establish a system of terminal equipment at designated places to provide Internet access services to service users at such places;

b/ To put up the “Internet agent” signboard, which must display information on the Internet agency business registration number. In case an Internet agent is also a public online game service point, it shall put up a signboard under Article 63 of this Decree;

c/ To publicly display Internet service use rules at easy-to-spot places, including the prohibited acts specified in Article 8 of the Law on Cyber Security and Article 9 of the Law on Telecommunications, and the rights and obligations of Internet users specified in Article 7 of this Decree;

d/ To provide Internet access services according to requirements on service quality and charge rates stated in Internet agency contracts;

dd/ In case of providing online game services, to discharge the responsibilities of owners of public video game service points specified in Article 68 of this Decree;

e/ To refrain from encouraging or permitting Internet users to use computer features at their business locations to commit the prohibited acts specified in Article 8 of the Law on Cyber Security and Article 9 of the Law on Telecommunications;

g/ To be entitled to request enterprises as signatories to Internet agency contracts to guide and provide information on Internet access services and submit to the inspection and supervision by such enterprises;

h/ To be entitled to participate in Internet-related training programs organized by state management agencies and Internet service providers in localities;

i/ To implement regulations on information security and cyberinformation security assurance;

k/ For Internet agents not providing video game services, to comply with the regulations of provincial-level People’s Committees regarding opening hours. For Internet agents providing video game services, to comply with the operation time specified in Clause 8, Article 68 of this Decree.

2. Owners of public Internet access points of an enterprise have the following responsibilities:

a/ To put up the “Public Internet access point” signboard, which must display information on the enterprise’s name and Internet service provision license number; in case a public Internet access point is also a public video game service point, to put up the signboard under Point b, Clause 2, Article 62 of this Decree;

b/ The responsibilities specified at Points a, c, dd, e, h and i, Clause 1 of this Article;

c/ For public Internet access points of enterprises that do not provide video game services, to comply with the regulations of provincial-level People’s Committees regarding opening hours. For public Internet access points of enterprises that provide video game services, to comply with the operation time specified in Clause 8, Article 68 of this Decree.

3. When providing charged Internet access services, owners of public Internet access points at hotels, restaurants, airports, wharves, bus stations, cafes and other public places have the following responsibilities:

a/ To comply with regulations on opening and closing hours at such places;

b/ The responsibilities specified at Points a, c, d, e, g, h and i, Clause 1 of this Article.

4. When providing Internet access services free of charge, owners of public Internet access points at hotels, restaurants, airports, wharves, bus stations, cafes and other public places have the following responsibilities:

a/ To comply with regulations on opening and closing hours as specified in Clause 4, Article 5 of this Decree;

b/ The responsibilities specified at Points a, c, e, h and i, Clause 1 of this Article.

Article 7. Responsibilities of Internet users

Internet users have the following responsibilities:

1. To comply with regulations on the opening hours of public Internet access points.

2. To comply with regulations on cyberinformation security and information security assurance and relevant provisions of this Decree.

Article 8. Internet connection

1. Internet service providers may be directly connected internationally, directly connected to one another and connected to Internet exchange points.

2. The VNIX shall operate not for profits in order to improve service quality and reduce service costs, for the following purposes:

a/ Ensuring the safety and uninterrupted operation of Vietnam’s Internet network in case of occurrence of incidents in domestic and international telecommunications networks. In case of loss of international connection, the VNIX shall transit traffic in order to ensure the uninterrupted operation of Vietnam’s Internet network;

b/ To promote domestic Internet connection and domestic content development;

c/ To connect for exchanging Internet traffic between networks using valid independent ASNs and Internet addresses in Vietnam and abroad;

d/ To participate in connecting with regional and international Internet exchange points, and connect the -ROOT DNS (domain name system) and other international network systems for the development of infrastructure and contents and exchange of Internet traffic;

dd/ To connect networks using IPv6 addresses, promoting the transformation of Vietnam’s Internet network to IPv6 technology.

3. In case of occurrence of incidents in domestic and international Internet networks, Internet service providers shall coordinate with one another, and carry out connection and routing via the VNIX to ensure the security and uninterrupted operation of the Vietnam Internet network under the coordination of the Ministry of Information and Communications.

Section 2

INTERNET RESOURCES

Article 9. Registration, use and change of information on registration, suspension, revocation and return of domain names

1. The Ministry of Information and Communications (the VNNIC) shall manage Vietnam national domain names “.vn” and international domain names allocated and granted by international organizations to Vietnam-based agencies, organizations, enterprises and individuals.

2. All agencies, organizations, enterprises and individuals are entitled to register Vietnam national domain names “.vn” and international domain names.

3. The registration, change of information on registration, and return of Vietnam national domain names “.vn” shall be carried out through Registrars of Vietnam national domain names “.vn”. Agencies, organizations, enterprises and individuals shall complete the payment of the fee for registration for the use of Vietnam national domain names “.vn” and the charge for maintenance of the use of Vietnam national domain names “.vn” under regulations before a domain name is licensed or further maintained and pay for domain name registration and maintenance services provided by Registrars of Vietnam national domain names “.vn” as agreed between the two parties.

4. The registration of Vietnam national domain names “.vn” must adhere to the following principles:

a/ Equality and non-discrimination;

b/ First-come, first-served principle, except domain names reserved for auction as specified by law, domain names eligible for protection and generic domain names as specified by law;

c/ Compliance with regulations on auction and transfer of domain name use rights in accordance with the Law on Telecommunications and relevant legal documents.

5. Domain names registered by agencies, organizations, enterprises and individuals must satisfy the following requirements:

a/ Not containing phrases infringing upon national interests;

b/ Being conformable with social ethics and fine traditions and customs of the nation;

c/ Being serious enough to avoid misunderstanding or distortion caused by polyphony or polysemy or when being used without diacritic marks in Vietnamese language;

d/ Being neither identical nor confusingly mistaken to names of press agencies; containing no phrases that are confusingly mistaken to press agencies or press products, if use registrants are not press agencies;

dd/ Containing no phrases that are confusingly mistaken to news aggregator websites or social networks, if the use registrants are not Registrars of domain names to establish news aggregator websites or social networks in accordance with law.

6. Domain names as names of Party organizations, state agencies or socio-political organizations shall be reserved only for such organizations or agencies; other organizations, enterprises and individuals may not register and use these domain names.

7. Information to be provided upon registration for use of domain names:

a/ For an agency, organization or enterprise: name of the agency, organization or enterprise; electronic identification number of the organization; identification number of the enterprise; tax identification number; address of the head office; phone number; email address; domain registry information; information on the person in charge of technical management of the domain name; information on the organization/individual paying the charge and fee for registration for use of the domain name; domain name use purpose, in case of registering a domain name to establish a news aggregator website, social network or online newspaper and update changes, if any, in information on domain name use purpose;

b/ For an individual or a business household: full name of the individual; name of the business household, and full name of the business household’s head or representative; date of birth; personal identification number or identity card number or passport number and place and date of issuance; business household registration number; business household’s tax identification number; permanent residence address detailed to house number; phone number; and email address.

8. Subjects submitting dossiers for domain name registration shall be authenticated through digital signatures in the dossiers, through the electronic identification and authentication system or technological solutions to collect, examine and collate information in order to ensure the adequacy and consistency between the subjects’ identification information and information and data in the dossiers.

9. Vietnamese citizens aged between full 18 years and full 23 years shall be given priority and support in registering for use of third-level domains “.id.vn”, including: exemption from or reduction of the fee for registration for use of Vietnam national domain names “.vn”; or exemption from or reduction of the charge for maintenance of the use of Vietnam national domain names “.vn” within a specified period in accordance with the law on charges and fees. Enterprises and business households that possess business household registration certificates in accordance with law shall be given priority and support in registering for use of third-level domains “.biz.vn”, including: exemption from or reduction of the fee for registration for use of Vietnam national domain names “.vn”; or exemption from or reduction of the charge for maintenance of use of Vietnam national domain names “.vn” within a specified period in accordance with the law on charges and fees.

10. Agencies, organizations and enterprises may only use domain names already registered for their member units and individuals as staff members of their attached agencies or organizations, and shall manage subdomains of such domain names. Agencies, organizations, enterprises and individuals may not grant subdomains of their domain names to other subjects.

11. Online newspapers, social networks, news aggregator websites, websites or portals of Party organizations and state agencies shall use at least 1 Vietnam national domain name “.vn” and store information in the server system with Internet addresses in Vietnam.

12. In case the registrants apply for transfer of New gTLDs with the ICANN:

a/ Before registering for the transfer of the New gTLDs with the ICANN, agencies, organizations, enterprises and individuals shall send an information declaration, made according to Form No. 01 provided in the Appendix to this Decree, to the Ministry of Information and Communications;

b/ Within 30 days after receiving the registrant’s request, the Ministry of Information and Communications shall reply in writing; in case of refusal of the transfer, it shall clearly state the reason;

c/ Within 5 working days after the ICANN officially transfers the New gTLDs names, the registrant shall send a notice thereof to the Ministry of Information and Communications;

d/ Agencies, organizations and enterprises may only grant their registered subdomains of New gTLDs to their affiliated units and individuals; agencies, organizations, enterprises and individuals may not grant their registered subdomains of New gTLDs to other registrants;

dd/ Agencies, organizations and enterprises that wish to grant subdomains of their registered New gTLDs to registrants other than their affiliated units and individuals must satisfy the conditions and shall complete procedures for grant of licenses for operation of the New gTLD Registries in Vietnam under Article 15 of this Decree.

13. A domain name shall be suspended in the following cases:

a/ It is so requested in writing by the investigating body or competent state agency in accordance with the law on cyber security and hi-tech crime prevention, in order to promptly prevent acts of using domain names to infringe upon national security and social order and safety in accordance with law;

b/ It is so requested in writing for the purpose of implementation of the decision on application of measures to prevent, and secure the handling of, administrative violations that is issued by the agency competent to handle administrative violations in the field of information and communications or a specialized inspectorate;

c/ Information on registration for use of the domain name is inaccurate; it is impossible to identify the domain name use registrant; the dossier of registration for use of the domain name is incomplete or inaccurate; or the domain name is registered in contravention of regulations on structure and use registrants;

d/ The registrant for use of Vietnam national domain names “.vn” fails to fully pay the charge for maintenance of the use of Vietnam national domain names “.vn” in accordance with the law on charges and fees.

14. For suspended domain names, it is not allowed to change information on their registrants; change the DNS; change Registrars; or transfer domain name use rights.

15. Suspended domain names may have their status of suspension removed in the following cases:

a/ The time limit stated in the request for domain name suspension has expired or it is so requested in writing by the agency that has requested the domain name suspension, for the case specified at Point a, Clause 13 of this Article;

b/ The suspension period stated in the document on implementation of the decision on application of measures to prevent, and secure the handling of, administrative violations has expired or it is so requested in writing by the agency that has issued the decision on domain name suspension, for the case specified at Point b, Clause 13 of this Article;

c/ The registrant for use of the domain name fully and accurately updates the information and dossier of registration for use of the domain name within 30 days from the date the domain name is suspended, for the case specified at Point c, Clause 13 of this Article;

d/ The registrant for use of the domain name fully pays the charge for maintenance of the use of Vietnam national domain names “.vn” within 30 days from the due date of charge payment, for the case specified at Point d, Clause 13 of this Article.

16. A domain name shall be revoked in the following cases:

a/ For execution of the decision, judgment or ruling on settlement of domain name disputes issued by a competent agency or organization or in the document on successful conciliation in accordance with the conciliation law;

b/ For execution of the decision of the Minister of Information and Communications in case of revocation of domain names for national interests, public interests, socio-economic development or national defense and security maintenance, or the domain name no longer conforms with the master plan on Internet resources as specified in the Law on Telecommunications;

c/ For execution of the decision on sanctioning of administrative violations issued by the agency competent to handle administrative violations in the field of information and communications or where a specialized inspectorate applies a remedial measure by revocation of domain names or applies an additional sanction of confiscation of material evidences or means used for commission of violations;

d/ It is so requested in writing by the investigating body or competent state agency as specified at Point a, Clause 13 of this Article to promptly prevent acts of using domain names to infringe upon national security or social order and safety in accordance with law;

dd/ For Vietnam national domain names “.vn” for which the charge for maintenance of the use of Vietnam national domain names “.vn” is not fully paid within 30 days from the due date of charge payment;

e/ Information on registration for use of domain names is inaccurate; it is impossible to identify the domain name use registrant while the registrant fails to update, supplement or complete the information; the domain name is registered in contravention of regulations on structure and use registrants; the domain name registrant that is an organization/enterprise has been dissolved or gone bankrupt or no longer exists without transferring valid use rights to another registrant in accordance with law; or the domain name registrant who is an individual dies without transferring valid use rights to another registrant in accordance with law.

17. Domain names may have their status quo remained when so requested in writing by agencies and organizations competent to handle violations and settle disputes over the registration and use of Vietnam national domain names “.vn” in accordance with law.

Article 10. Protection of Vietnam’s national interests in the registration and use of New gTLDs and second-level domain names thereof

1. New gTLDs and second-level domain names thereof that are related to Vietnam’s national interests include:

a/ Domain names that are the national name and national code of Vietnam;

b/ Domain names that contain phrases that are the names or abbreviations of Vietnam over different periods, expressing the national image of Vietnam;

c/ Domain names that are place names or names of geographical areas in maritime border areas, land border areas or air border areas of Vietnam in accordance with Vietnam’s law;

d/ Domain names that are names of provinces and centrally run cities;

dd/ Domain names that are names of places of Vietnam that have been recognized by UNESCO as world cultural heritage sites;

e/ Domain names that are names of national relics and names of special national relics, names of national treasures, names of national tangible cultural heritage sites and intangible cultural heritage sites, names of national cultural symbols and names of national tourist areas of Vietnam;

g/ Domain names that are names of Party organizations, state agencies or socio-political organizations;

h/ Domain names that contain phrases in need of protection under Vietnam’s regulations on security, national defense and diplomacy;

i/ Domain names that are names of cultural celebrities, national heroes and leaders of Vietnam;

k/ Other domain names as specified by the Government.

2. Responsibilities of ministries, sectors, Party organizations and state agencies for protecting national interests related to New gTLDs and second-level domain names thereof:

a/ The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related ministries, sectors, organizations and units in appraising requests for registration and use of New gTLDs; and take opposing measures to the ICANN or international domain name registries in case these organizations permit the registration and use of domain names that are likely to infringe upon national interests, based on the criteria specified in Clause 1 of this Article;

b/ Ministries, sectors, Party organizations and state agencies shall coordinate with the Ministry of Information and Communications and related organizations and units in making a list and monitoring the registration and use of domain names under their management, based on the criteria specified in Clause 1 of this Article; propose cost estimates for the registration for use of domain names in need of protection in adherence to the principle of efficient use of state budget funds to protect national interests; and participate in the appraisal of requests for registration for use of New gTLDs at the request of the Ministry of Information and Communications.

Article 11. Vietnam national domain name “.vn” server system

1. The Vietnam national domain name “.vn” server system is an information system aiming to ensure the operation of Vietnam national domain names “.vn” on the Internet. The Ministry of Information and Communications (the VNNIC) shall establish, manage and operate the Vietnam national domain name “.vn” server system.

2. Internet service providers shall coordinate with one another and carry out connection and routing to ensure the safe and stable operation of the Vietnam national domain name “.vn” server system.

Article 12. Provision of domain name registration and maintenance services

1. Organizations and enterprises providing domain name registration and maintenance services shall comply with Vietnam’s law.

2. Agencies, organizations, enterprises and individuals shall be provided with guidance and information on the registration and use of domain names and submit to inspection and examination by the Ministry of Information and Communications and competent agencies.

3. Domain name registration and maintenance service providers have the following responsibilities:

a/ To receive and authenticate information on domain name registrants; to manage and fully and accurately store data and information, and comply with regulations on protection of data and information provided by domain name registrants as specified in Clause 7, Article 9 of this Decree; to make back-ups of domain name data records in accordance with law;

b/ To formulate and publicize forms, processes and procedures for domain name registration;

c/ To refuse to provide services when domain name registrants fail to comply with regulations on domain name registration and use;

d/ To send reports and provide information to, and coordinate with, competent agencies in handling violations in accordance with law at the latter’s request ;

dd/ Registrars of Vietnam national domain names “.vn” shall suspend operation of, or coordinate with others in revoking, Vietnam national domain names “.vn” at the request of the Ministry of Information and Communications (the VNNIC) in the cases specified in Clauses 13 and 16, Article 9 of this Decree; international domain name registration and maintenance service providers shall suspend operation of, or revoke, international domain names at the request of the Ministry of Information and Communications, the Ministry of Public Security and competent agencies in accordance with law in the cases specified at Points a, b and c, Clause 13; and Points c, d and e, Clause 16, Article 9 of this Decree.

4. In addition to complying with Clauses 1, 2 and 3 of this Article, Registrars of Vietnam national domain names “.vn” have the following rights and obligations:

a/ To establish domain name server systems and technical systems for provision of services and implementation of measures to ensure the security of domain names and domain name data of organizations and individuals. Registrars of Vietnam national domain names “.vn” at home shall use domain name servers under Vietnam national domain names “.vn” and install at least 2 clusters of domain name servers in Vietnam to manage data and respond to domain name queries when providing services; and use Vietnam national domain names “.vn” for websites and online service tools to register and maintain Vietnam national domain names “.vn”;

b/ To collect the charge for Vietnam national domain name “.vn” registration and maintenance services under service agreements with domain name registrants for activities carried out by Registrars under Point a, Clause 11, Article 3 of this Decree;

c/ When providing Vietnam national domain name “.vn” registration and maintenance services, to ensure that such service provision does not infringe upon and harm lawful rights and interests of registrants as well as other Registrars of Vietnam national domain names “.vn”; to refrain from abusing their advantage to appropriate, obstruct, or seek to obstruct lawful domain name registrants. In case of development of distribution channels, to sign contracts with organizations and enterprises participating in the distribution channels and ensure that such organizations and enterprises are not allowed to perform the role of Registrars in the management of Vietnam national domain names “.vn”;

d/ Upon the termination of contracts on provision of Vietnam national domain name “.vn” registration and maintenance services signed with the VNNIC, to fully transfer the dossiers, data and information on Vietnam national domain names “.vn” under their management to the VNNIC, or to a Registrar designated by the VNNIC for management.

5. In addition to complying with Clauses 1, 2 and 3 of this Article, Registrars of international domain names in Vietnam and the New gTLD Registries in Vietnam have the following obligations:

a/ When providing international domain name registration and maintenance services to organizations and individuals in Vietnam, to send reports on the provision of services, made according to Form No. 02 provided in the Appendix to this Decree, to the Ministry of Information and Communications. Reports shall be made online at thongbaotenmien.vn;

b/ To guide agencies, organizations, enterprises and individuals registering international domain names to notify the use of international domain names in accordance with law;

c/ Before the 15^th of the first month of every quarter, to send a report on the updated list and information on international domain names under their management to the Ministry of Information and Communications (the VNNIC) online at thongbaotenmien.vn. Such a report must contain information on domain names and their registration dates; information on domain name registrants as specified in Clause 7, Article 9 of this Decree; and information on changes in domain names under their management (outgoing domain names and incoming domain names) in the reporting period;

d/ To set up at least 2 clusters of domain name servers in Vietnam to manage data and respond to domain name queries when providing services.

6. In addition to complying with Clauses 1, 2 and 3 of this Article, cross-border domain name registration and maintenance service providers have the following rights and obligations:

a/ When providing cross-border international domain name registration and maintenance services to agencies, organizations, enterprises and individuals in Vietnam, to send reports on service provision, made according to Form No. 02 provided in the Appendix to this Decree, to the Ministry of Information and Communications. Reports shall be made online at thongbaotenmien.vn;

b/ Before January 15 every year, to report on the updated list of international domain names that they provided to agencies, organizations, enterprises and individuals in Vietnam in the previous year. Reports shall be made online at thongbaotenmien.vn;

c/ For foreign cross-border domain name registration and maintenance service providers that violate Vietnam’s law and fail to cooperate with the Ministry of Information and Communications and the Ministry of Public Security in processing illegal information, the Ministry of Information and Communications and the Ministry of Public Security shall implement technical measures to prevent access to websites and cross-border domain name registration and maintenance service applications by users in Vietnam in accordance with the Law on Cyber Security, the Law on Cyberinformation Security and guiding documents.

7. Telecommunications enterprises shall implement necessary technical measures to prevent access to websites and cross-border domain name registration and maintenance service applications by users in Vietnam.

Article 13. Registrars of Vietnam national domain names “.vn”

1. Registrars of Vietnam national domain names “.vn” are Vietnam national domain name “.vn” registration and maintenance service providers, including:

a/ Registrars of Vietnam national domain names “.vn” being Vietnamese organizations or enterprises that may provide Vietnam national domain name “.vn” registration and maintenance services to registrants in Vietnam and abroad;

b/ Registrars of Vietnam national domain names “.vn” being overseas organizations or enterprises that may provide Vietnam national domain name “.vn” registration and maintenance services to registrants abroad.

2. A Registrar of Vietnam national domain names “.vn” may provide services when fully satisfying the following conditions:

a/ Being a Vietnamese organization or enterprise or an overseas organization or enterprise that has signed a contract with the ICANN or the ICANN’s Accredited Registrar;

b/ Having sufficient technical capacity suitable to its scale of operation to provide domain name registration and maintenance services;

c/ Having signed a contract with the VNNIC to become a Registrar of Vietnam national domain names “.vn”.

3. A dossier for provision of Vietnam national domain name “.vn” registration and maintenance services for an organization or enterprise wishing to provide Vietnam national domain name “.vn” registration and maintenance services must comprise:

a/ An application for provision of Vietnam national domain name “.vn” registration and maintenance services, made according to Form No. 03 provided in the Appendix to this Decree;

b/ A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy together with the original for collation) of the enterprise registration certificate, or a valid copy of another equivalent certificate or license granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises;

c/ A notarized translation of the contract signed by the overseas organization or enterprise with the ICANN or the ICANN’s Accredited Registrar (required in case the overseas organization signs a contract with the ICANN’s Accredited Registrar);

d/ A technical plan to ensure sufficient capacity and suitability to the scale of operation to provide domain name registration and maintenance services, made according to Form No. 04 provided in the Appendix to this Decree.

4. Organizations and enterprises wishing to provide Vietnam national domain name “.vn” registration and maintenance services shall hand-deliver or send by post or submit online 1 dossier to the Ministry of Information and Communications (the VNNIC). In case of online submission of the dossier, documents in the dossier must bear digital signatures in accordance with the e-transaction law.

5. Within 30 days after receiving a dossier for provision of Vietnam national domain name “.vn” registration and maintenance services, the Ministry of Information and Communications (the VNNIC) shall reply in writing to the applicant on dossier processing results.

6. The Ministry of Information and Communications (the VNNIC) shall consider, negotiate and sign contracts on provision of Vietnam national domain name “.vn” registration and maintenance services with organizations and enterprises based on the following criteria:

a/ Demand for Vietnam national domain name “.vn” registration and maintenance services;

b/ Conformity with the master plan on Internet resources;

c/ Satisfaction of the conditions specified in Clause 2 of this Article.

7. Contracts on provision of Vietnam national domain name “.vn” registration and maintenance services signed between the VNNIC and Registrars of Vietnam national domain names “.vn” shall be made according to Form No. 05 provided in the Appendix to this Decree.

Article 14. Registrars of international domain names in Vietnam

1. Registrars of international domain names in Vietnam are Vietnamese organizations and enterprises that provide international domain name registration and maintenance services to agencies, organizations, enterprises and individuals in Vietnam.

2. A Registrar of international domain names in Vietnam may provide services when fully satisfying the following conditions:

a/ Being a Vietnamese organization or enterprise;

b/ Having signed a contract with the ICANN or the ICANN’s Accredited Registrar to provide international domain name registration and maintenance services in Vietnam;

c/ Having obtained the Ministry of Information and Communications (the VNNIC)’s confirmation of the completion of reports on the provision of international domain name registration and maintenance services in Vietnam under Clause 3 of this Article.

3. Reporting on the provision of international domain name registration and maintenance services in Vietnam:

a/ A report dossier must comprise:

A report on the provision of international domain name registration and maintenance services in Vietnam, made according to Form No. 02 provided in the Appendix to this Decree;

A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy together with the original for collation) of the enterprise registration certificate, or a valid copy of another equivalent certificate or license granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises;

A copy of the contract signed with the ICANN or the contract signed with the ICANN’s Accredited Registrar to provide international domain name registration services in Vietnam;

b/ A Registrar of international domain names in Vietnam shall hand-deliver or send by post or submit online 1 dossier to the Ministry of Information and Communications (the VNNIC).

In case of online submission of the dossier, documents in the dossier must bear digital signatures in accordance with the law on e-transactions;

c/ Confirmation of the completion of reports on the provision of international domain name registration and maintenance services in Vietnam:

Within 15 days after receiving an enterprise’s valid report dossier, the Ministry of Information and Communications (the 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 and, at the same time, include the enterprise in the management list at thongbaotenmien.vn. In case the report dossier is invalid, the Ministry of Information and Communications (the VNNIC) shall send a written request to the enterprise for the latter to supplement and complete the dossier.

The enterprise may only provide services after receiving a 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 (the VNNIC).

In case the enterprise no longer satisfies all the conditions for operation of a Registrar of international domain names in Vietnam as specified in Clause 2 of this Article, or the Registrar sends a notice requesting the termination of the provision of international domain name registration and maintenance services in Vietnam, the Ministry of Information and Communications (the VNNIC) shall issue a notice of cancellation of the confirmation of the operation of the Registrar of international domain names in Vietnam and remove the name of the enterprise from the List of Registrars of international domain names in Vietnam on thongbaotenmien.vn.

Article 15. New gTLD Registries in Vietnam

1. New gTLD Registries in Vietnam are Vietnamese organizations and enterprises licensed by the Ministry of Information and Communications to provide registration and maintenance services for subdomains of new gTLDs in Vietnam.

2. A New gTLD Registry may provide services only when fully satisfying the following conditions:

a/ Being a Vietnamese organization or enterprise;

b/ Having sufficient technical, organizational and personnel capacity to carry out the operation of a New gTLD Registry and ensure cyberinformation security and information security;

c/ Being licensed to operate as a New gTLD Registry in Vietnam under this Article.

3. A dossier of application for an operation license of a New gTLD Registry in Vietnam shall be made in 1 set and must comprise:

a/ An application for a license to operate as a New gTLD Registry in Vietnam, made according to Form No. 06 provided in the Appendix to this Decree;

b/ A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy together with the original for collation) of the enterprise registration certificate, or a valid copy of another equivalent certificate or license granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises;

c/ An operation scheme certified by the legal representative of the enterprise or the head of the applying Vietnamese organization or enterprise. The scheme must have the following principal contents: an explanatory report on the scale of operation and technical, organizational and personnel capacity; and measures to ensure cyberinformation security and information security to organize the operation of the New gTLD Registry in Vietnam.

4. Organizations and enterprises shall hand-deliver or send by post or submit online 1 dossier to the Ministry of Information and Communications (the VNNIC). In case of online submission of the dossier, documents in the dossier must bear digital signatures in accordance with the law on e-transactions.

5. Within 30 days after receiving a valid dossier from an applying organization or enterprise, the Ministry of Information and Communications shall consider licensing the operation of a New gTLD Registry in Vietnam. In case of refusal, the Ministry of Information and Communications shall reply in writing, clearly stating the reason.

Article 16. Handling of disputes over Vietnam national domain names “.vn”

1. The settlement of disputes over the registration and use of Vietnam national domain names “.vn” shall be based on the request of the plaintiff, specifically as follows:

a/ The disputed domain name is identical or confusingly mistaken to the name, mark, geographical indication or trade name over which the plaintiff has lawful rights and interests;

b/ The defendant has no lawful rights and interests related to such domain name; and,

c/ The defendant uses the domain name with bad intentions, taking advantage of the prestige and reputation of the mark, trade name or geographical indication over which the plaintiff has lawful rights and interests in order to get illicit gain in one of the following cases:

The defendant leases or transfers the domain name to the plaintiff as the rights holder of the name, mark, trade name or geographical indication that is identical or confusingly mistaken to such domain name; or leases or transfers such domain name to a competitor of the plaintiff for self-seeking purpose or to get illicit gain, or,

The defendant appropriates or prevents the plaintiff as the rights holder of the name, mark, trade name or geographical indication from registering the domain name corresponding to such name, trade mark or service mark for the purpose of unfair competition or,

The defendant uses the domain name for the purpose of deliberately attracting Internet users to visit its/his/her website or other online addresses with the intention of misleading the users that such domain name is confusingly mistaken to the plaintiff’s name, mark, trade name or geographical indication for the purpose of getting illicit gain, or unfair competition, or,

In other cases in which it is possible to prove that the defendant’s use of the domain name infringes upon the plaintiff’s lawful rights and interests.

2. A defendant shall be regarded as having lawful rights and interests related to the disputed domain name in one of the following cases:

a/ The defendant has used or there is a clear evidence that the defendant is about to use the disputed domain name or a name corresponding to the disputed domain name that is related to the provision of the defendant’s products, goods or services before the dispute arises;

b/ The defendant is known to the public by the disputed domain name even though it/he/she is not the rights holder of the name, mark, trade name or geographical indication;

c/ The defendant lawfully uses the domain name not for commercial purposes, or does not take advantage of the prestige and reputation of the plaintiff’s name, mark, trade name or geographical indication in order to get illicit gain;

d/ There is another evidence proving the legality of the defendant concerning the domain name.

3. In the course of settling disputes over the registration and use of Vietnam national domain names “.vn”, the Ministry of Information and Communications (the VNNIC) shall maintain the status quo of registration and use of domain names as requested in writing by competent agencies and organizations in charge of settlement of disputes over registration and use of Vietnam national domain names “.vn” in accordance with law.

4. The Ministry of Information and Communications (the VNNIC) shall handle disputed Vietnam national domain names “.vn” on the basis of successful conciliation documents in accordance with the conciliation law; arbitral decisions and awards in accordance with the arbitration law; and legally effective court judgments
and rulings.

In case the conciliation document, arbitral decision or award, or court judgment or ruling clearly states that the disputed domain name which is revoked is put for the plaintiff’s use registration, the judgment creditor (as the plaintiff in the dispute case) shall be given priority to make registration within 45 days from the date such document, decision/award or judgment/ruling takes legal effect. After this period expires, the domain name will be put for free registration.

The enforcement of court rulings or arbitral awards in the settlement of domain name disputes must comply with the Law on Enforcement of Civil Judgments and relevant laws.

 Article 17. Registration, use, allocation, grant and revocation of IP addresses and ASNs

1. The Ministry of Information and Communications (the VNNIC) shall register IP addresses and ASNs with international organizations; and allocate and grant IP addresses and ASNs to agencies, organizations and enterprises in Vietnam.

2. Principles for allocation and grant of IP addresses and ASNs:

a/ First come-first served principle;

b/ Ensuring conformity with policies on allocation and grant of IP addresses and ASNs set out by the Asia-Pacific Network Information Center (APNIC);

c/ IP addresses recovered or returned from agencies, organizations and enterprises shall be allocated and granted on the first come-first served principle and based on the level of necessity and the readiness of address ranges proposed for allocation or grant as shown through the fact that agencies, organizations and enterprises have no IP addresses for use or have used up at least 80% of the previously allocated or granted IP address ranges.

The Ministry of Information and Communications (the VNNIC) shall post information on IP address ranges and the time when it starts to receive dossiers of request for reallocation or re-grant of IP address ranges at diachiip.vn.

d/ Vietnamese agencies, organizations and enterprises that receive IP addresses and ASNs from international organizations shall report to the Ministry of Information and Communications (the VNNIC) for inclusion of IP address ranges or ASNs in the list managed by the Ministry of Information and Communications. IP addresses and ASNs received into Vietnam under regulations will be Vietnamese Internet resources, which shall be allocated and granted by the Ministry of Information and Communications.

3. Subjects entitled to request allocation and grant of IP addresses:

a/ Agencies, organizations and enterprises that wish to establish networks connected to the Internet may request the allocation or grant of IP addresses for internal use or subsequent grant to their customers in case of provision of telecommunications services;

b/ Agencies, organizations and enterprises may, if so wishing, be allocated or granted IPv4 addresses from IPv4 address ranges after such addresses are returned or revoked, as posted by the Ministry of Information and Communications (the VNNIC);

c/ Agencies, organizations and enterprises that change names of registrants in the cases specified in Clause 5 of this Article;

d/ Agencies, organizations and enterprises that receive IP addresses or ASNs from international organizations under Point d, Clause 2, and Clause 7, of this Article.

4. Agencies, organizations and enterprises that have been allocated or granted Internet addresses may register for use of ASNs. The Ministry of Information and Communications shall use dossiers and information submitted by such agencies, organizations and enterprises upon the registration of IP addresses to grant ASNs upon request by the agencies, organizations and enterprises.

5. Agencies, organizations and enterprises may request change of names of registrants for use of IP addresses and ASNs in the following cases:

a/ Agencies, organizations and enterprises change their names under decisions of competent authorities;

b/ Agencies, organizations and enterprises undergo division, splitting, merger or consolidation, or change their functions and tasks under decisions of competent state agencies, leading to changes in the organization of management and operation of networks and services currently using IP address ranges and ASNs;

c/ Reorganization of enterprises in accordance with the Law on Enterprises or acquisition of enterprises, or contribution of capital or shares among enterprises, or change of functions and tasks among groups of companies, parent companies or subsidiaries, leading to changes in the organizations directly managing and operating networks and services using IP address ranges and ASNs.

6. Procedures for allocation and grant of IP addresses and ASNs:

a/ An agency, organization or enterprise shall submit 1 set of dossier by hand-delivery or post or online to the Ministry of Information and Communications (the VNNIC).

In case of online submission of the dossier, documents in the dossier must bear digital signatures in accordance with the law on e-transactions;

b/ Such a dossier must comprise: a declaration for registration of IP address (or IP address and ASN), made according to Form No. 07 provided in the Appendix to this Decree; a valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy together with the original for collation) of the establishment decision, or a valid copy of another equivalent certificate or license granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises; a valid copy of the decision of the competent state agency or a document on enterprise reorganization in accordance with the Law on Enterprises and papers proving the valid change in the use right (in case of change of the registrant’s name);

c/ Within 10 days after receiving a complete and valid dossier and the charge for registration of use of the IP address and ASN; charge for maintaining the use of the Internet address and network number, the Ministry of Information and Communications (the VNNIC) shall allocate or grant the IP address and ASN to the agency, organization or enterprise under a decision on grant of IP addresses made according to Form No. 08 provided in the Appendix to this Decree. In case of refusal to allocate or grant the Internet address and ASN, the Ministry of Information and Communications (the VNNIC) shall notify such in writing, clearly stating the reason.

7. Agencies, organizations and enterprises in Vietnam that receive IP addresses and ASNs from international organizations shall:

a/ Pay charges under regulations of international address registries in order to include address ranges and ASNs in the management list of the Ministry of Information and Communications (the VNNIC);

b/ Pay the fee for allocation or grant of Internet resources and the charge for maintenance of use of Internet resources in accordance with the law on charges and fees.

8. IP addresses and ASNs shall be revoked in the following cases:

a/ Under decisions of the Minister of Information and Communications, for cases of revocation of IP addresses and ASNs to serve national interests, public interests, socio-economic development, national defense and security, or in case IP addresses and ASNs are no longer conformable with Internet resource master plans as specified in the Law on Telecommunications;

b/ Under administrative sanctioning decisions of specialized information and communications inspectorates which involve the application of such remedial measures as revocation of IP addresses and ASNs or application of the additional sanction of confiscation of means used for commission of violations;

c/ Upon written request of investigating bodies or competent state agencies in accordance with the law on cyber security and prevention and combat of hi-tech crimes in order to prevent acts of using IP addresses and ASNs to infringe upon national security or social order and safety in accordance with law;

d/ The charge for maintenance of use of such IP addresses and ASNs is not fully paid within 30 days from the payment deadline;

dd/ Information for registration of use of IP addresses and ASNs is inaccurate or registrants for use of IP addresses and ASNs are unidentifiable because such registrants fail to update, supplement or complete information.

Article 18. Promotion of application of IPv6 technology

1. IPv6 technology is on the list of high technologies prioritized for development investment. Research, manufacturing or import of equipment and software and other IPv6 technology application activities are entitled to incentives and supports in accordance with the Law on High Technology.

2. When investing in or procuring new equipment connected to the Internet, state agencies shall ensure that such equipment supports IPv6 technology.

3. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating a roadmap to ensure that all domestically manufactured and imported telecommunications equipment and software and Internet-connected information technology apply IPv6 technology and a roadmap for complete termination of the manufacturing and import of equipment and software that do not support IPv6 technology.

Article 19. Responsibilities of agencies, organizations, enterprises and individuals using Internet resources

1. Agencies, organizations, enterprises and individuals that register and use Internet resources have the following responsibilities:

a/ To register and use Internet resources in accordance with law;

b/ To take responsibility before law for registration information, i.e., accuracy and truthfulness of information, and ensure that it does not infringe upon lawful rights and interests of other agencies, organizations, enterprises and individuals;

c/ To take responsibility for the management and use of Internet resources in accordance with law.

2. Agencies, organizations, enterprises and individuals that use international domain names shall notify the Ministry of Information and Communications of the following information: domain names, registrars that currently manage such domain names, and the information specified in Clause 7, Article 9 of this Decree.

3. Agencies, organizations and enterprises that use Internet addresses and ASNs shall route and use IP addresses and ASNs under guidance of the Minister of Information and Communications.

4. Agencies, organizations, enterprises and individuals that use Internet resources shall provide information to and coordinate with competent agencies when so requested.

5. Agencies, organizations, enterprises and individuals that use Internet resources shall pay the fee for allocation or grant of Internet resources and the charge for maintenance of use of Internet resources in accordance with the law on charges and fees.

Chapter III

MANAGEMENT, PROVISION AND USE OF CYBERINFORMATION

Section 1

GENERAL PROVISIONS

Article 20. Classification of websites

Websites are classified into:

1. Newswires and e-magazines.

2. News aggregator websites.

3. Internal websites.

4. Personal web pages.

5. Specialized service websites.

6. Websites providing social networking services in accordance with this Decree.

7. Websites as portals.

Article 21. Principles of management, provision and use of cyberinformation

1. The management, provision and use of cyberinformation in the form of newswires, electronic publications and online advertisements must comply with the press, publication, advertising and intellectual property laws.

2. The management, provision and use of cyberinformation in the form of social networks and news aggregator websites must comply with Section 2, Chapter III and relevant provisions of this Decree and relevant regulations on press.

3. The management, provision and use of information content services on mobile telecommunications networks must comply with Chapter IV and relevant provisions of this Decree and the law on telecommunications.

4. The management, provision and use of information on specialized service websites must comply with specialized laws and relevant provisions of this Decree.

5. The management, provision and use of information on personal web pages and internal websites must comply with regulations on registration and use of Internet resources and relevant provisions of this Decree.

6. Agencies, organizations, enterprises and individuals shall take responsibility in accordance with law for information they store, transmit, provide or disseminate in cyberspace.

7. Agencies, organizations and enterprises providing services in cyberspace may not disclose information of service users except the following cases:

a/ Service users agree to provide information;

b/ Competent agencies request information provision in accordance with law.

8. Agencies, organizations, enterprises and individuals participating in the management, provision and use of cyberinformation shall protect state secrets in accordance with law. When storing and transmitting cyberinformation classified as state secrets, agencies, organizations, enterprises and individuals shall encrypt such information in accordance with law.

Article 22. Management responsibilities of ministries, ministerial-level agencies and provincial-level People’s Committees

1. Ministries, sectors and localities shall, within the ambit of their functions, tasks and powers, perform or coordinate with one another in performing the state management of their assigned sectors and fields in the cyber environment.

2. State management responsibilities of the Ministry of Information and Communications:

The Ministry of Information and Communications is responsible to the Government for performing the state management of cyberinformation security and the management, provision and use of Internet services and cyberinformation nationwide, and has the following tasks and powers:

a/ To formulate and submit to competent agencies for promulgation or promulgate according to its competence mechanisms, policies and laws on management, provision and use of Internet services and cyberinformation;

b/ To organize and guide the implementation of the provisions of law and provide training and further training in the management, provision and use of Internet services and cyberinformation;

c/ To inspect, examine, and handle violations in the management, provision and use of Internet services and cyberinformation in accordance with law;

d/ To enter into international cooperation on the management, provision and use of Internet services and cyberinformation;

dd/ To direct and organize the monitoring of information and prevention and removal of infringing information under Chapter V of this Decree;

e/ To announce results of the verification of fake news on tingia.gov.vn of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information);

g/ To perform other tasks as specified by law.

3. The Ministry of Public Security shall, within the ambit of its functions, tasks and powers, protect national security and state secrets, ensure social order and safety, prevent and combat crimes and violations of the law on national security, and social order and safety in the cyber environment; ensure cyber security in the management, provision and use of Internet services and cyberinformation.

4. The Ministry of National Defense shall, within the ambit of its functions, tasks and powers, protect national sovereignty in the cyber environment, ensure cyberinformation security and cyber security, and protect state secrets and military secrets; and coordinate with competent agencies in preventing and combating crimes and violations of law in the cyber environment.

5. Responsibilities of related ministries and sectors:

a/ The Ministry of Industry and Trade; Ministry of Culture, Sports and Tourism; Ministry of Health; Ministry of Education and Training; Ministry of Labor, Invalids and Social Affairs; and Ministry of Finance shall, within the ambit of their functions, tasks and powers, perform the state management of the following sectors and fields in the cyber environment as assigned: trade; culture, sports and tourism; health; education and training; and labor, employment, social security and taxation;

b/ Ministries, ministerial-level agencies, the Government Cipher Committee and government-attached agencies shall, within the ambit of their functions, tasks and powers, coordinate with the Ministry of Information and Communications and Ministry of Public Security in performing the state management of their assigned sectors and fields in the cyber environment.

6. Provincial-level People’s Committees shall perform the state management of the management, provision and use of Internet services and cyberinformation in their localities according to their competence, and have the following tasks:

a/ To organize and guide the implementation of regulations on the management, provision and use of Internet services and cyberinformation in their localities; to organize the receipt and processing of illegal cyberinformation related to their localities;

b/ To organize training and further training to improve management and professional skills of their personnel in the provision and use of Internet services and cyberinformation in their localities;

c/ To inspect, examine, and handle violations in the management, provision and use of Internet services and cyberinformation according to their competence;

d/ To send periodical reports on the management of the provision and use of Internet services and cyberinformation in their localities to the Ministry of Information and Communications before November 25 every year and send extraordinary reports at the request of the Ministry of Information and Communications and Ministry of Public Security.

Article 23. Cross-border information provision

1. Foreign organizations, enterprises and individuals shall, when providing information across the borders to service users in Vietnam, comply with this Decree and relevant regulations of Vietnam.

Foreign organizations, enterprises and individuals that provide online game services across the borders to players in Vietnam shall comply with Clause 4, Article 37 of this Decree.

2. Competent Vietnamese agencies shall implement technical measures to implement Clause 4, Article 4 of this Decree in the following cases:

a/ Foreign organizations, enterprises and individuals that provide information across the borders violate Vietnam’s regulations;

b/ Foreign organizations, enterprises and individuals that provide information across the borders fail to cooperate with the Ministry of Information and Communications, Ministry of Public Security and competent agencies in processing infringing information.

3. Only foreign organizations, enterprises and individuals that provide information across the borders into Vietnam and use data storage space leasing services in Vietnam or have total visits of 100,000 (one hundred thousand) or more from Vietnam per month (average statistics during 6 consecutive months) have the following responsibilities:

a/ To notify contact information to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) under Clause 4 of this Article within 60 days from the time of using data storage space leasing services in Vietnam or meeting the criterion of number of visits specified in Clause 3 of this Article;

b/ To examine, supervise and remove infringing information, services and applications as specified in Article 8 of the Law on Cyber Security;

c/ To prevent and remove infringing information, services and applications as specified in Article 8 of the Law on Cyber Security and relevant regulations at the request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws and in accordance with the process specified in Clause 5 of this Article;

d/ To implement agreements on content cooperation with Vietnamese press agencies when providing information cited from the Vietnamese press according to regulations on intellectual property;

An agreement on content cooperation between foreign organizations, enterprises and individuals providing information across the borders with Vietnamese press agencies must contain the following basic information: duration of the agreement; scope, contents to be used and responsibilities of each party; methods/forms of benefit payment;

In case the two parties fail to reach a cooperation agreement, foreign organizations, enterprises and individuals providing information across the borders may not use or display information cited from Vietnamese press agencies;

dd/ To store information of service users from Vietnam when registering their user accounts, including: full name, date of birth, and mobile phone number in Vietnam (or personal identification number). In case a social networking service user is a child (person aged under 16 years), his/her parent(s) or guardian defined in the civil law shall register an account with the latter’s information and monitor and manage information contents which the child accesses, posts and shares on social networks;

To provide information of service users in Vietnam to the Ministry of Information and Communications, Ministry of Public Security and competent agencies upon written request in order to serve the state management, investigation and handling of violations of the law on management, provision and use of Internet services and cyberinformation; to ensure that service users have the right to decide whether or not to allow foreign organizations, enterprises and individuals that provide information across the borders to Vietnam to use their information for the purpose of promotion or communication or provision to other organizations and individuals; to delete information of service users upon the expiration of the law-specified storage period.

e/ To authenticate accounts of social networking service users with mobile phone numbers in Vietnam. Only in case users confirm that they have no mobile phone numbers in Vietnam, may foreign organizations, enterprises and individuals providing social networking services authenticate their accounts with their personal identification numbers in accordance with the law on electronic identification and authentication.

In case social network service users use the livestream feature for commercial purposes, foreign organizations, enterprises and individuals that provide social networking services shall authenticate their accounts with their personal identification numbers in accordance with the law on electronic identification and authentication.

To ensure that only authenticated accounts may post information (write posts or comments, or livestream) and share information on social networks;

g/ Foreign organizations, enterprises and individuals that provide services shall classify and display warnings of inappropriate contents for children; and implement solutions to protect children in the cyber environment in accordance with the law on child protection;

h/ To use electronic tools for receiving and handling complaints from service users about contents and services;

i/ Within 48 hours after receiving complaints of service users in Vietnam about violations of Article 8 of the Law on Cyber Security, foreign organizations, enterprises and individuals providing information across the borders shall prevent or remove infringing contents, services and applications.

Regarding complaints about lawful rights and interests of service users in Vietnam, to comply with the regulations on protection of consumer rights and intellectual property, and other relevant regulations;

k/ Foreign organizations, enterprises and individuals that provide application stores shall remove infringing applications at the request of the Ministry of Information and Communications, Ministry of Public Security and competent agencies; comply with Vietnam’s payment regulations; request enterprises that provide online game services to players in Vietnam to provide decisions on release of G1 online games or letters of confirmation of notification of release of G2, G3 and G4 online games when uploading video games to application stores. Enterprises that provide online game services are responsible for the truthfulness of information and documents they provide to application stores;

l/ To describe the process and method of distributing contents on their social networks and publicly announce them in service provision agreements/community standards to users in order to choose services for use;

m/ To provide tools for searching and scanning contents at the request of the Ministry of Information and Communications and Ministry of Public Security;

n/ To coordinate with the Ministry of Information and Communications in providing information and disseminating Vietnam’s regulations on the provision and use of the Internet and cyberinformation and cyberinformation security to service users in Vietnam;

o/ To comply with Point c, Clause 6, Article 24 of this Decree when providing social networking services;

Only foreign organizations, enterprises and individuals that provide information across the borders to service users in Vietnam and have notified their contact information to the Ministry of Information and Communications may provide the livestream feature or provide activities that generate revenues in any form;

p/ In case of establishment of representative offices or enterprises in Vietnam:

Representative offices shall coordinate in receiving, and urging foreign organizations and enterprises that provide information across the borders of which they act as representatives to fulfill requests of the Ministry of Information and Communications, Ministry of Public Security or competent agencies in accordance with specialized laws on handling of infringing contents, services and applications in cross-border information provision to service users in Vietnam;

Enterprises in Vietnam shall receive, and coordinate with the Ministry of Information and Communications, Ministry of Public Security or a competent agency as specified by specialized laws in handling, infringing contents, services and applications in cross-border information provision to service users in Vietnam;

q/ To send periodical reports no later than November 25 every year, made according to Form No. 09 provided in the Appendix to this Decree, on the provision of services to users in Vietnam, or extraordinary reports related to such issues as national security, social order and safety, or emergency situations upon written request or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Reports shall be sent by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or by email to [email protected] or sent via the online public service system of the Ministry of Information and Communications.

In case of sending reports by email or via the online public service system of the Ministry of Information and Communications, the reports must bear digital signatures in accordance with the law on e-transactions.

4. Information and form of notification:

a/ Foreign organizations, enterprises and individuals shall make a notice of contact information to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) according to Form No. 10 provided in the Appendix to this Decree;

b/ Notices shall be sent by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or by email to [email protected] address or via the online public service system of the Ministry of Information and Communications.

In case of sending notices by email or via the online public service system of the Ministry of Information and Communications, the notices must bear digital signatures in accordance with the law on e-transactions.

Within 10 days after receiving a notice, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall send a letter of confirmation to the organization or enterprise, made according to Form No. 11 provided in the Appendix to this Decree.

5. Procedures for handling infringing contents:

a/ Ministries, sectors and localities shall inspect, handle, and request the prevention and removal of, infringing contents, services and applications in cyberspace in their assigned sectors, domains and scope of management.

In case specialized laws do not regulate such contents, the Ministry of Information and Communications or the Ministry of Public Security shall receive notices and support the handling of infringing contents, services and applications in cyberspace from ministries, sectors and localities and act as the focal point for sending violation-handling requests to foreign organizations, enterprises and individuals providing information across the borders into Vietnam;

b/ Foreign organizations, enterprises and individuals shall carry out the procedures for handling infringing contents, services and applications as follows:

Foreign organizations, enterprises and individuals shall prevent and remove infringing contents, services and applications within 24 hours after receiving a written request or a request via electronic means of the Ministry of Information and Communications, Ministry of Public Security or competent agencies in accordance with specialized laws.

For user accounts, fanpages, groups and channels that regularly provide infringing contents (at least 5 times during 30 days or at least 10 times during 90 days and the Ministry of Information and Communications or Ministry of Public Security requests such contents to be prevented and removed), foreign organizations, enterprises and individuals shall temporarily block such accounts, fanpages, groups and channels from being accessed by users in Vietnam within 24 hours after receiving a written request or a request sent electronically by the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws. The temporary blocking period is between 7 days and 30 days, depending on the number and severity of violations.

At the request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws, foreign organizations, enterprises and individuals shall permanently block such accounts, fanpages, groups and channels from being accessed by users in Vietnam for posting contents infringing upon national security or after being temporarily blocked for 3 times or more.

For applications violating Vietnam’s law, foreign organizations, enterprises and individuals that provide application stores shall prevent and remove such applications within 24 hours after receiving a written request or a request sent electronically by the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws.

Foreign organizations, enterprises and individuals shall prevent and remove contents infringing upon Vietnam’s national security within 24 hours after receiving a request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws.

In case foreign organizations, enterprises and individuals fail to comply with Clause 3 of this Article or fail to promptly prevent and remove contents infringing upon Vietnam’s national security at the request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws, the Ministry of Information and Communications or Ministry of Public Security shall implement technical measures to prevent all infringing contents, services and applications in cyberspace and implement measures to sanction administrative violations under regulations. Preventive measures may only be lifted after the violations have been handled by foreign organizations, enterprises and individuals at the request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws.

6. Responsibilities of telecommunications enterprises, Internet service, web hosting service and data center service providers, and telecommunications application service providers:

a/ To report to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) in writing, by telephone or by email within 24 hours after detecting, or receiving reports or complaints from users about contents, services and applications that violate Article 8 of the Law on Cyber Security; to remove infringing contents within 24 hours after receiving a request in writing, by telephone or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention) or a competent agency in accordance with specialized laws; to handle requests and complaints about intellectual property in accordance with Vietnam’s regulations on intellectual property;

b/ To send to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) reports on the provision of data storage space leasing services in Vietnam to foreign organizations, enterprises and individuals for the latter to provide information across the borders to service users in Vietnam before November 25 every year, or send extraordinary reports when receiving requests by telephone, in writing or via electronic means of the Ministry of Information and Communications.

Contents of such a report include: name of the space leasing enterprise; address and location of the equipment; legal persons of foreign organizations, enterprises and individuals renting data storage spaces; rent amounts; rent period; number of rented equipment; and Internet connection capacity;

Enterprises shall submit their reports by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or via the online public service system of the Ministry of Information and Communications.

In case of submission of reports via the online public service system of the Ministry of Information and Communications, the reports must bear digital signatures in accordance with the law on e-transactions;

c/ Telecommunications enterprises and Internet service providers shall implement necessary technical measures to prevent access to infringing contents, services and applications in cyberspace within 24 hours after receiving a request by telephone, in writing or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or the Ministry of Public Security (Department of Cyber Security and Hi-Tech Crime Prevention).

7. Responsibilities of related agencies, organizations and individuals in Vietnam

When detecting information violating Vietnam’s law on websites, social networks and applications that is provided across the borders by foreign organizations, enterprises and individuals to users in Vietnam, agencies, organizations and individuals shall:

a/ Request foreign organizations and individuals that provide information across the borders to handle infringing information in appropriate forms;

b/ Notify the violation to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) in writing and sending by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or via email to [email protected];

c/ Initiate a lawsuit at a competent people’s court in Vietnam if the infringing information affects the lawful rights and interests of organizations, enterprises and individuals in accordance with laws of the Socialist Republic of Vietnam.

Section 2

WEBSITES, SOCIAL NETWORKS

Article 24. Principles of website management

1. An agency, organization or enterprise operating in Vietnam may only establish a news aggregator website and provide social networking services when obtaining a license for establishment of a news aggregator website, a license for provision of social networking services or a letter of confirmation of notification of provision of social networking services.

2. Websites that are not subject to licensing under this Decree include:

a/ Specialized service  websites;

b/ Personal web pages, internal websites;

c/ Portals of state agencies that provide information in accordance with the Government’s Decree No. 42/2022/ND-CP of June 24, 2022, on the provision of information and online public services by state agencies in the cyber environment;

d/ Internal forums on websites.

3. When providing republished information, internal websites, specialized service websites, portals or websites of state agencies, and personal web pages must obtain licenses to establish news aggregator websites.

4. The websites specified in Article 20 of this Decree that operate in Vietnam shall prevent and remove infringing contents, services and applications within 24 hours after receiving a request by telephone, in writing or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention) or provincial-level Departments of Information and Communications and competent agencies.

Websites shall remove contents infringing upon Vietnam’s national security within 24 hours after receiving a request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws.

In case of failure to handle violations as requested, the Ministry of Information and Communications or Ministry of Public Security shall implement technical measures to prevent infringing contents, applications and services and take handling measures in accordance with law.

Preventive measures may only be lifted after the violations are handled upon request of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention), or provincial-level Departments of Information and Communications and competent agencies.

5. The licensing and management of news aggregator websites must comply with the following regulations:

a/ Agencies, organizations and enterprises may only be granted licenses to establish news aggregator websites when satisfying the conditions specified in Clause 3, Article 25 of this Decree;

b/ News aggregator websites of press agencies may only cite or republish information from press products that have been previously released or broadcast and republished information in accordance with law. Procedures for licensing and management are the same as those for news aggregator websites;

c/ News aggregator websites may enter into association with online press agencies (excluding radio and television stations) to produce contents in the fields of science, technology, economy, culture, sports, entertainment, advertising, and social security as specified in Article 37 of the Press Law provided that they have made written agreements on cooperation in content production.

6. The licensing and management of social networks must comply with the following regulations:

a/ Classification of social networks:

Foreign social networks provided by foreign organizations, enterprises and individuals across the borders into Vietnam. The management of foreign social networks must comply with Article 23 of this Decree.

Domestic social networks provided by agencies, organizations and enterprises with the legal person status in Vietnam, including: social networks with a large number of frequent visits, which are social networks with total frequent visits per month (average statistics in 6 consecutive months) of 10,000 or more or over 1,000 frequent users per month; social networks with a small number of frequent visits, which are social networks with total frequent visits per month (average statistics in 6 consecutive months) of under 10,000 or under 1,000 frequent users per month;

b/ Agencies, organizations and enterprises in Vietnam may only provide social networking services when obtaining licenses to provide social networking services (for social networks with a large number of frequent visits) or letters of confirmation of notification of provision of social networking services (for social networks with a small number of frequent visits);

The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall review, make statistics and issue notices of submission of license application dossiers as specified in Articles 29 and 31 of this Decree, for social networks with a large number of frequent visits;

c/ Social networks that directly provide radio and television content services on demand, with the collection of subscription charge, shall comply with the regulations on provision of paid radio and television services.

Social networks shall authenticate, and attach “authenticated” symbols to, accounts, pages and channels of state agencies, organizations and enterprises with the legal person status in Vietnam, and influentials upon request of such agencies, organizations, enterprises and individuals;

d/ Only social networks that have been licensed by the Ministry of Information and Communications to provide social networking services may provide the livestream feature or provide activities that generate revenues in any form.

If social networks with a small number of frequent visits wish to provide the livestream feature or provide activities that generate revenues, they may carry out procedures for grant of licenses to provide social networking services;

dd/ Multi-service digital platform means a platform that provides and integrates multiple services on the same website or application.

When providing social networking services and other specialized services in conditional business lines, a multi-service digital platform must have a license/letter of confirmation of notification of provision of social networking services, or license/certificate/letter of confirmation of notification of provision of other specialized services, and shall comply with relevant regulations;

In case a multi-service digital platform provides social networking services and news aggregator websites, these two types must be divided into separate categories with their contents not mixed together;

e/ If providing social networking services, internal websites and specialized service websites shall comply with Clause 4, Article 25 of this Decree;

g/ Within 10 days after creating an account or establishing a fanpage, channel or group on a social network at home or abroad, a press agency shall send a notice to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), made according to Form No. 12 provided in the Appendix to this Decree, and take responsibility for the information it has provided in compliance with the Press Law and this Decree; and strictly observe its objectives and purposes as stated in its operation license granted by the Ministry of Information and Communications;

Such a notice shall be submitted by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or via the online public service system of the Ministry of Information and Communications.

In case of submission of the notice via the online public service system of the Ministry of Information and Communications, the notice must bear a digital signature in accordance with the law on e-transactions.

Within 10 days after receiving a notice, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall send a letter of confirmation to the press agency, made according to Form No. 13 provided in the Appendix to this Decree.

7. Validity of licenses and letters of confirmation:

a/ A license for establishment of a news aggregator website or a license for provision of social networking services has the validity period as requested by the agency, organization or enterprise as its holder, which, however, must not exceed 5 years;

b/ A license for establishment of a news aggregator website or a license/letter of confirmation of notification of provision of social networking services is no longer valid when the agency, organization or enterprise as its holder is dissolved or goes bankrupt or the news aggregator website or social network is transferred to another agency, organization or enterprise or the agency, organization or enterprise as the license holder falls into one of the cases subject to revocation of licenses/letters of confirmation as specified in Clause 2, Article 33 of this Decree.

In case a license for establishment of a news aggregator website or a license/letter of confirmation of notification of provision of social networking services is no longer valid or revoked, the procedures for re-grant of such license are the same as those for grant of a license as specified in Articles 29, 30 and 31 of this Decree.

8. Licensing competence:

a/ The Ministry of Information and Communications may grant licenses for provision of social networking services for social networks with a large number of frequent visits;

b/ The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) may grant letters of confirmation of notification for social networks with a small number of frequent visits;

c/ The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) may grant licenses for establishment of news aggregator websites to press agencies, diplomatic and consular agencies, centrally run organizations and enterprises, religious organizations lawfully operating in Vietnam; foreign governmental and non-governmental organizations lawfully operating in Vietnam; and provincial-level Departments of Information and Communications;

d/ Provincial-level Departments of Information and Communications may grant licenses for establishment of news aggregator websites to agencies, organizations and enterprises other than those specified at Point c of this Clause and having their head offices based in localities.

9. Information and place of information display on a domestic website, news aggregator website or social network:

a/ Name of the agency, organization, enterprise or individual managing the website, news aggregator website or social network; name of the managing agency (if any); contact address, email address, phone number; name of the person responsible for content management; and icon of the news aggregator website or social network that has been granted a license/letter of confirmation.

A news aggregator website or social network must additionally have the serial number of valid license/letter of confirmation, date of grant, and the licensing agency;

It is required to clearly write the name of the page and the name of the type of services (news aggregator website or social network). The name of the type of services must be written right below the name of the website, with a font size equal to two-thirds of the font size of the name of the website, and with a color that is not identical to the background color. The name of the website must neither be similar nor identical to the name of the press agency nor contain words (in Vietnamese or a foreign language) that are likely to cause confusion that the website is a press agency or press activity, such as bao (newspaper), dai (radio), tap chi (magazine), tin/tin tuc (news), phat thanh (radio), truyen hinh (television), truyen thong (media), thong tan, or thong tan xa (news agency);

b/ For news aggregator websites and social networks accessible via domain names: The name of the website and the name of the type of services shall be placed at the top of the homepage, while other information that need to be displayed shall be placed at the bottom of the homepage;

For news aggregator websites and social networks accessible via applications: The name of the website and the name of the type of services shall be placed at the top of the main interface of the application, while other information that need to be displayed shall be placed in the “contact information” section.

10. Reporting regime:

a/ Agencies, organizations and enterprises that are granted licenses for establishment of news aggregator websites, or licenses/letters of confirmation of notification of provision of social networking services shall send periodical reports no later than November 25 every year, made according to Form No. 14 (for news aggregator websites) or Form No. 15 (for social networks) provided in the Appendix to this Decree, or send extraordinary reports upon request in writing, by telephone or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and provincial-level Departments of Information and Communications.

Agencies, organizations and enterprises shall submit reports by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and provincial-level Departments of Information and Communications of localities where enterprises’ head offices are registered or submit them via the online public service system of the Ministry of Information and Communications and provincial-level Departments of Information and Communications.

In case of submission of reports via the online public service system, the reports must bear digital signatures in accordance with the law on e-transactions;

b/ Provincial-level Departments of Information and Communications shall send reports on the state management of cyberinformation in their localities to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) every 6 months (no later than June 8 and November 27 every year). Such a periodical report must include evaluations of the management, licensing, and handling of violations, data on licensing, and handling of violations, arising issues, proposals, recommendations, etc.

Article 25. Conditions for establishment of news aggregator websites and provision of social networking services

1. Domestic agencies, organizations and enterprises may only establish news aggregator websites after obtaining licenses for establishment of news aggregator websites.

2. Domestic agencies, organizations and enterprises may only provide social networking services when satisfying the conditions specified in Clause 4 of this Article.

3. Conditions for an entity to be granted a license for establishment of a news aggregator website:

a/ Being an agency, organization or enterprise established under Vietnam’s law with functions, tasks or registered business lines published on the National Business Registration Portal as suitable to services and information provided;

b/ Having registered the use of domain names to establish a news aggregator website and satisfying the conditions specified in Article 26 of this Decree;

c/ Satisfying the organizational, personnel and technical conditions specified in Article 27 of this Decree;

d/ Taking measures to manage contents and information under Article 28 of this Decree.

4. Conditions for an entity to provide social networking services at home:

a/ Being an agency, organization or enterprise established under Vietnam’s law, with functions, tasks or registered business lines published on the National Business Registration Portal as suitable to social networking services provided;

b/ Having registered the use of domain names to provide social networking services and satisfying the conditions specified in Article 26 of this Decree;

c/ Satisfying the organizational, personnel and technical conditions specified in Article 27 of this Decree;

d/ Taking measures to manage contents and information under Article 28 of this Decree.

5. Conditions for a social network to be granted a license for provision of social networking services:

a/ Having a large number of frequent visits. Social networks with a small number of frequent visits that wish to be granted a license for provision of the livestream feature or activities that generate revenues may also be considered for licensing;

b/ Fully satisfying the conditions specified in Clause 4 of this Article.

Article 26. Conditions on domain names and page names for news aggregator websites and domestic social networks

In case agencies, organizations and enterprises establish news aggregator websites or provide social networking services via domain names, they must satisfy the following conditions:

1. For agencies, organizations and enterprises other than press agencies, domain names and page names must not be similar or identical to names of press agencies or contain words (in Vietnamese or a foreign language) that are likely to cause confusion that they are press agencies or carry out press activities such as: newspaper, radio, magazine, news, radio, television, media, news, or news agency.

2. News aggregator websites and social networks shall use domain names “.vn” as the main domain name and store data of service users at server systems with IP addresses in Vietnam.

3. Domain names “.vn” must be registered for use by agencies, organizations and enterprises that apply for a license, remain valid for at least 6 months at the time of license application, and comply with regulations on management and use of Internet resources. International domain names must obtain letters of confirmation of lawful use of domain names for applying agencies, organizations and enterprises.

4. News aggregator websites licensed by provincial-level Departments of Information and Communications may not use domain names with character sequences identical to names of other localities.

Article 27. Organizational, personnel and technical conditions for news aggregator websites and domestic social networks

1. Organizational and personnel conditions:

a/ Having a content and information management section and a technical management section. Persons in charge of content and information management must hold Vietnamese citizenship;

b/ Having a head office with a clear and reachable address and telephone number.

2. Technical conditions:

Establishing a system of technical equipment that meets the following requirements:

a/ For news aggregator websites: storing for at least 90 days from the time of posting, for republished information contents; or storing for at least 2 years, for logs of processing of posted information;

b/ For social networks: storing for at least 2 years, for information about accounts, login and logout times, IP addresses of service users and logs of processing of posted information; deleting information of service users in Vietnam upon the expiration of the law-specified storage period;

c/ Receiving and handling warnings of infringing information from service users;

d/ Detecting, warning and preventing illegal access and other forms of attacks in the cyber environment and complying with standards and technical regulations on cyberinformation security in accordance with law;

dd/ Having contingency plans to maintain safe and continuous operation and remedy incidents, except force majeure cases specified by law;

e/ Having at least 1 server system located in Vietnam to facilitate at any time the inspection, examination, storage and provision of information on all websites and social networks owned by agencies, organizations and enterprises under Points a, b, c, d and dd of this Clause.

3. In addition to satisfying the technical conditions specified in Clause 2 of this Article, a technical system for establishment of a social network must satisfy the following requirements:

a/ Storing information of service users from Vietnam when registering user accounts, including: full name, date of birth, and mobile phone number in Vietnam (or personal identification number); in case the service user is a child (person aged under 16 years), his/her parent or guardian defined in the civil law shall register an account with the latter’s information and supervise and manage contents that the child accesses, posts and shares on social networks;

b/ Authenticating accounts of social networking service users with mobile phone numbers in Vietnam. Only in case the user confirms that he/she has no mobile phone number in Vietnam, shall the organization or enterprise providing social networking services authenticate the account with a personal identification number in accordance with the law on electronic identification and authentication.

In case a service user uses the livestream feature for commercial purposes, the organization or enterprise providing social networking services shall authenticate the account with a personal identification number in accordance with the law on electronic identification and authentication.

Ensuring that only authenticated accounts may post information (writing posts and comments, or livestream) and share information on social networks.

c/ Preventing or removing information that violates Article 8 of the Law on Cyber Security, or violates regulations on intellectual property at the request of the Ministry of Information and Communications, Ministry of Public Security or a competent agency in accordance with specialized laws;

d/ Establishing a warning mechanism and using information filters when users post information with contents that violate Article 8 of the Law on Cyber Security.

Article 28. Conditions on content and information management for news aggregator websites and domestic social networks

1. Conditions on content and information management for a news aggregator website:

a/ Having a process for content and information management: To determine the scope of information sources to be exploited and mechanism for management and checking of information before and after posting;

b/ Having a mechanism to control information sources, ensuring that information republished on their websites does not infringe upon copyright and is true to the source content; release the syndicated content according to the time agreed (in writing) between the news aggregator website and press agencies but not earlier than 1 hour from the time the source content is released; and remove the syndicated content  within 3 hours after the source content is removed;

c/ Having electronic tools to receive and handle complaints of service users about the content and services;

d/ Not enabling readers to post their comments and opinions about the content of republished news and articles;

dd/ Clearly indicating the names of authors and full names of the sources of the republished information and the time such information is posted or broadcast by press agencies; and placing a link to source articles at the end of syndicated articles;

e/ Separating opinion exchange and Q&A columns directly related to the functions, tasks, powers, organizational structure, services, products, and business lines of concerned agencies, organizations or enterprises;

g/ For news aggregator websites that join press agencies in content production: not entering into joint production of contents with regard to investigation into, and reporting on, issues affecting lawful rights and interests of organizations and individuals; electronic press agencies shall bear responsibility for the information produced under the joint production mechanism and posted on news aggregator websites; the number of news and articles produced under the joint production mechanism in a month must not exceed 50% of the total number of news and articles published by press agencies in that month; employees and collaborators of news aggregator websites, when participating in joint production activities, may not operate in the name of reporter, editor or journalist;

h/ Having worked out cooperation agreements in terms of information sources with at least 3 press agencies.

2. Conditions on content and information management for a social network:

a/ Having worked out an Agreement on provision and use of social networking services with the full contents specified at Point d, Clause 2, Article 29 of this Decree; posting the Agreement on the provision and use of social networking services on the homepage of the social network; ensuring that service users must agree with the Agreement on the provision and use of social networking services (by electronic means) in order to be able to use the services and features of the social network;

b/ Having staffs on duty 24/7 to perform tasks, including receiving, processing and responding to requests from competent agencies in accordance with Vietnam’s law; and resolving and responding to complaints from Vietnamese service users;

c/ Having solutions for censoring contents posted on the social network;

d/ Having measures for protecting information of service users;

dd/ Guaranteeing service users’ right to decide whether to allow the collection of their information or provision of their information to other agencies, organizations, businesses and individuals;

e/ Not arranging users’ posts into fixed categories; neither posting nor allowing users (including also staffs of agencies, organizations and enterprises providing social networking services) to produce contents in the form of reportage, investigative reportage or press interview and post them on the social network. Press agencies that post content on social networks shall comply with Point g, Clause 6, Article 24 of this Decree;

g/ Classifying and displaying warnings about content that is not suitable for children; deploying solutions for protecting children in the cyberspace in accordance with the law on child protection.

Article 29. Dossiers of application for licenses for establishing news aggregator websites or social networks

1. Dossiers of application for licenses for establishing news aggregator websites:

A dossier of application for a license for establishing a news aggregator website must comprise:

a/ An application for a license for establishing a news aggregator website, made according to Form No. 16 provided in the Appendix to this Decree;

b/ A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy enclosed with the original for collation) of one of the following documents: enterprise registration certificate, investment registration certificate, establishment decision (or a valid copy of another equivalent certificate or license issued before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises); charter of operation (for associations and mass organizations);

The establishment decision or charter of operation must state the applying entity’s functions and tasks that are consistent with the content of the information to be provided on the news aggregator website;

c/ An operational plan certified by the legal representative of the enterprise or the head of the applying agency, organization or enterprise, which must have the following main contents: purposes of provision of information, information content, expected columns, information sources, printouts of the homepage and main column pages; plans on personnel, technical facilities, and content and information management to ensure that the operation of the news aggregator website complies 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 joint content production with a press agency, it is necessary to clearly state the ratio of news and articles produced under the joint production mechanism; mechanism for cooperation and content production and editing, and mechanism for censoring and posting news and articles published on the news aggregator website;

d/ Printouts/color scans (in case the dossier is hand-delivered or sent by post) or photos (in case the dossier is submitted via online public services) of the interface of the homepage and main columns; the homepage must have the information specified in Clause 9, Article 24 of this Decree;

dd/ A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy enclosed with the original for collation) of the cooperation agreement in terms of information sources between the news aggregator website and a press agency, which must have the following basic information: term of the agreement; scope of content syndication; content and information management responsibilities of each party (the press agency shall notify the news aggregator website of revisions to information for the latter to promptly update the revised information);

An agreement on cooperation in content production between a news aggregator website and a press agency must clearly state: the mechanism for cooperation in production of news and articles; the press agency shall be held responsible for the content of news and articles produced under the cooperation mechanism; the field of cooperation (which must comply with Point c, Clause 5, Article 24 of this Decree) and commitment to complying with Point g, Clause 1, Article 28 of this Decree.

2. Dossiers of application for licenses for provision of social networking services

A dossier of application for a license for provision of social networking services must comprise:

a/ An application for a license for provision of social networking services, made according to Form No. 17 provided in the Appendix to this Decree;

b/ A valid copy (a copy issued from the master register or a certified copy or an electronically certified copy or a copy enclosed with the original for collation) of one of the following documents: enterprise registration certificate, investment registration certificate, establishment decision (or a valid copy of another equivalent certificate or license issued before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises); charter of operation (for associations and mass organizations);

The establishment decision or charter of operation must state the applying entity’s functions and tasks that are conformable with the scope and fields of information that can be exchanged by users on the social network;

c/ An operational plan certified by the legal representative of the enterprise or the head of the applying agency, organization or enterprise, which must have the following main contents: detailed descriptions of services (including paid and non-paid services), interface of the home page and service page interface; scope and field of information exchange; plans on personnel, technical facilities, and content and information management so as to ensure that the operation of the social network complies with Clause 4, Article 25 of this Decree; information on the location of the server system in Vietnam;

d/ The agreement on provision and use of social networking services certified by the applying agency, organization or enterprise, which must contain at least the following information: content prohibited from being exchanged or shared on the social network; responsibilities of social networking service users, clearly stating responsibilities of service users not to take advantage of the social network to conduct unauthorized press activities; and responsibilities of the agency, organization or enterprise providing social networking services; mechanism for handling users that violate the agreement on provision and use of social networking services; warnings to service users about risks when storing, exchanging and sharing information in the cyberspace; mechanisms for resolving complaints and disputes between social networking service users and the agency, organization or enterprise providing social networking services or with other organizations or individuals; mechanism for handling complaints from service users regarding information posted by service users on the social network and affecting the lawful rights and interests of other organizations and individuals; information on whether to collect and process information of service users; descriptions of measures to guarantee the right of service users to decide whether to allow the collection of their information or provision of their information to other agencies, organizations, enterprises and individuals; and policy on protection of information of social networking service users;

dd/ Printouts/color scans (in case the dossier is hand-delivered or sent by post) or photos (in case the dossier is submitted via online public services) of the interfaces of the homepage and columns of the social network; the homepage must have the information specified in Clause 9, Article 24 of this Decree.

Article 30. Procedures for grant of licenses for establishing news aggregator websites

1. An agency, organization or enterprise applying for a license for establishing a news aggregator website shall hand-deliver or send by post 1 dossier to the competent licensing agency specified in Clause 8, Article 24 of this Decree or submit it on the online public service system of such agency.

In case of submitting the dossier on the online public service system, digital signatures are required as prescribed by the law on e-transactions.

2. Within 10 working days after receiving a valid dossier, the competent licensing agency shall consider and grant a license for establishing a news aggregator website, made according to Form No. 18 provided in the Appendix to this Decree, and send to the licensed agency, organization or enterprise a code segment (displaying the logo of the licensed news aggregator website) via the email address of such agency, organization or enterprise.

In case of refusal to grant a license, the competent licensing agency shall issue a written reply, clearly stating the reason.

3. Within 5 working days after receiving a valid dossier from a local press agency, the provincial-level Department of Information and Communications shall appraise and forward the dossier, together with the application for a license, to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) for consideration and grant of a license in accordance with law. In case the dossier is unqualified, the provincial-level Department of Information and Communications shall issue a written reply, clearly stating the reason.

4. The agency, organization or enterprise shall attach the granted code segment to the service description content on the application store (if any) and the news aggregator website. The code segment shall be linked to the “licensing data” section on the Portals of the provincial-level Department of Information and Communications and of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Article 31. Procedures for grant of licenses for provision of social networking services and letters of confirmation of notification of provision of social networking services

1. Procedures for grant of a license for provision of social networking services:

The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall send to social networks with a large number of frequent visits (by post or electronic means) a notice of submission of the dossier of application for license according to regulations.

Within 60 days after receiving the notice, the agency, organization or enterprise may continue to provide current social networking services, but shall hand-deliver or send by post 1 dossier of application for a license for provision of social networking services to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Online Public Service System of the Ministry of Information and Communications.

In case of submission of the dossier on the Online Public Service System of the Ministry of Information and Communications, digital signatures are required as prescribed by the law on e-transactions.

Within 25 days after receiving a valid dossier from the agency, organization or enterprise, the Ministry of Information and Communications shall consider and grant a license, made according to Form No. 19 provided in the Appendix to this Decree, and send to the licensed agency, organization or enterprise a code segment (displaying the logo of the licensed social network) via the latter’s email address.

In case of refusal to grant a license, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply, clearly stating the reason.

The agency, organization or enterprise shall attach the granted code segment to the service description content on the application store (if any) and on the social network. The code segment shall be linked to the “licensing data” section on the Portal of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

2. Procedures for grant of a letter of confirmation of notification of provision of social networking services:

Before providing social networking services, agencies, organizations and enterprises shall hand-deliver or send by post to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or summit via the Ministry of Information and Communications’ Online Public Service System a notice of provision of social networking services, made according to Form No. 20 provided in the Appendix to this Decree, and a valid copy (a copy issued from the master register, a certified copy or an electronically certified copy or a copy enclosed with the original for collation) of one of the following documents: enterprise registration certificate, investment registration certificate or establishment decision (or a valid copy of another equivalent certificate or license issued before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises); and charter of operation (for associations and mass organizations).

In case of submitting the documents via the Ministry of Information and Communications’ Online Public Service System, digital signatures are required in accordance with the law on e-transactions.

Within 5 working days after receiving a valid notice, the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) shall issue a letter of confirmation of notification of provision of social networking services, made according to Form No. 21 provided in the Appendix to this Decree, and send to the agency, organization or enterprise a code segment (displaying the logo of the social network) via the latter’s email address.

In case of refusal to issue a letter of confirmation, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply, clearly stating the reason.

Agencies, organizations and enterprises shall attach the granted code segment to the service description content on the application store (if any) and on their social networks. The code segment shall be linked to the “licensing data” section on the Portal of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Article 32. Modification, supplementation, extension and re-grant of licenses for establishing news aggregator websites, licenses for provision of social networking services, and letters of confirmation of notification of provision of social networking services

1. The competent licensing agency shall consider and decide on the modification, supplementation, re-grant and extension of licenses and letters of confirmation.

2. Procedures for modification and supplementation of licenses and letters of confirmation:

a/ An agency, organization or enterprise that has been granted a license for establishing a news aggregator website or a license/letter of confirmation of notification of provision of social networking services shall carry out procedures for modification and supplementation of the license/ letter of confirmation in the following cases: change of the managing agency (if any); change of the name of the agency, organization or enterprise; change of the head office address; change of the server location; change of personnel responsible before law and personnel responsible for content management; change of the website’s name (if any); change and supplementation of information content on the news aggregator website, and method of providing information (domain name, application distribution system) for the news aggregator website; change of the name of the social network (if any), type of service, and scope of service provision (domain name, application distribution system) for the social network, using Form No. 22 (for licenses for establishing news aggregator websites), Form No. 23 (for licenses for provision of social networking services), or Form No. 24 (for letters of confirmation of notification of provision of social networking services) provided in the Appendix to this Decree, and send it and related supporting documents (if any) to the competent licensing agency;

b/ The agency, organization or enterprise shall hand-deliver, send by post or submit via the online public service system of the competent licensing agency 1 dossier for modification and supplementation of the license/letter of confirmation.

In case of submitting the dossier via the online public service system, digital signatures are required in accordance with the law on e-transactions.

c/ Within 5 working days after receiving a valid dossier, the competent licensing agency shall appraise the dossier and issue a modified and supplemented license/letter of confirmation, made according to Form No. 18 (for licenses for establishing news aggregator websites), Form No. 19 (for licenses for provision of social networking services), or Form No. 21 (for letters of confirmation of notification of provision of social networking services) provided in the Appendix to this Decree, after updating the modified and supplemented contents, clearly indicating the date of issuance of the initial license/letter of confirmation and the date of issuance of the modified and supplemented one. The modified and supplemented license/letter of confirmation shall be valid for the period from the date of its issuance to the date of expiration of the initial license/letter of confirmation. In case of refusal, the competent licensing agency shall issue a written reply, clearly stating the reason.

3. Extension of a license:

a/ At least 30 days before its license expires, an agency, organization or enterprise that wishes to have the license extended shall hand-deliver or send by post to the competent licensing agency or submit via the online public service system of the competent licensing agency a written request for extension of license, made according to Form No. 25 (for licenses for establishing news aggregator websites) or Form No. 26 (for licenses for provision of social networking services) provided in the Appendix to this Decree.

In case of submitting the dossier via the online public service system, digital signatures are required in accordance with the law on e-transactions.

b/ Within 5 working days after receiving a valid request, the competent licensing agency shall appraise the request and issue an extended license, made according to Form No. 18 (for licenses for establishing news aggregator websites) or Form No. 19 (for licenses for provision of social networking services) provided in the Appendix to this Decree. The consideration of the extension of the license shall be based on the agency’s, organization’s or enterprise’s compliance with the license and relevant legal provisions on management, provision and use of cyberinformation.

In case of refusal to extend a license, the competent licensing agency shall issue a written reply, clearly stating the reason;

c/ A license shall be extended once for at most 2 years. During the period of the extended license, the agency, organization or enterprise may submit a dossier of application for a license according to Articles 29, 30 and 31 of this Decree.

4. An organization or enterprise that acquires a news aggregator website or social network shall carry out the procedures to apply for a license according to Article 30 (for licenses for establishing news aggregator websites) or Article 31 (for licenses for provision of social networking services) of this Decree.

5. Re-issuance of a license/letter of confirmation:

a/ An agency, organization or enterprise whose license/letter of confirmation is lost or unusably damaged shall file a request for re-issuance of the license/letter of confirmation, made according to Form No. 27 (for licenses for establishing news aggregator websites) or Form No. 28 (for licenses for provision of social networking services) provided in the Appendix to this Decree, to the competent licensing agency.

b/ The agency, organization or enterprise shall hand-deliver or send by post to the competent licensing agency 1 dossier of request for re-issuance of license/letter of confirmation or submit it on the online public service system of the competent licensing agency.

In case of submitting the dossier on the online public service system, digital signatures are required as prescribed by the law on e-transactions;

c/ Within 5 working days after receiving the request, the competent licensing agency shall consider the request and re-issue the license/letter of confirmation, using Form No. 18 (for licenses for establishing news aggregator websites), Form No. 19 (for licenses for provision of social networking services) or Form No. 21 (for letters of confirmation of notification of provision of social networking services) provided in the Appendix to this Decree. In case of refusal, the competent licensing agency shall issue a written reply, clearly stating the reason;

The re-issued license/letter of confirmation must have the same main contents as those of the previously issued license/letter of confirmation and include information on the date of issuance of the initial license/letter of confirmation, date of issuance of the modified and supplemented license (if any), date of re-issuance of the license, and number of times of re-issuance.

Article 33. Procedures for suspension of operation and revocation of licenses for establishing news aggregator websites, licenses/letters of confirmation of notification of provision of social networking services; suspension of operation of websites and provision of social networking services

1. The competent licensing agency specified in Clause 8, Article 24 of this Decree shall issue a decision to suspend the operation of a news aggregator website or suspend the provision of social networking services for a period of 3 months when the concerned agency, organization or enterprise falls into one of the following cases:

a/ Having twice violated Article 8 of the Law on Cyber ​​Security;

b/ Failing to fully meet the conditions specified in Clauses 3 and 4, Article 25 or failing to comply with Clause 7, Article 35 of this Decree after having been requested in writing by the competent agency as specified in Clause 8, Article 24 of this Decree;

c/ Failing to carry out the procedures for applying for a license for provision of social networking services within 60 days from the date of issuance of a written notice from the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

2. The competent licensing agency specified in Clause 8, Article 24 of this Decree shall issue a decision to revoke a license for establishing a news aggregator website, or license/letter of confirmation of notification of provision of social networking services when the concerned agency, organization or enterprise falls into one of the following cases:

a/ It fails to comply with Clause 4, Article 34; and Clause 7, Article 35 of this Decree;

b/ It fails to deploy remedial measures to ensure feasibility after the 3-month suspension period expires;

c/ It receives a written notice of termination of operation, or after 12 months from the effective date of the license, it fails to operate  and report thereon to the competent licensing agency;

d/ The license or license/letter of confirmation is no longer valid as specified at Point a, Clause 7, Article 24 of this Decree.

3. Order and procedures for suspension of operation and revocation of a license for establishing a news aggregator website or a license/letter of confirmation of notification of provision of social networking services:

a/ When detecting an agency, organization or enterprise violating the provisions at Point a or c, Clause 1 of this Article, the competent agency specified in Clause 8, Article 24 of this Decree shall issue a decision to suspend the operation of the news aggregator website or suspend the provision of social networking services for a period of 3 months;

b/ When detecting an agency, organization or enterprise violating the provisions at Point b, Clause 1 of this Article, the competent agency specified in Clause 8, Article 24 of this Decree shall notify such in writing to the agency, organization or enterprise for the latter to remedy the violation. After 15 days from the deadline stated in the notice, if the agency, organization or enterprise fails to report and remedy the violation, the competent agency shall issue a decision to suspend the operation of the news aggregator website or suspend the provision of social networking services for a period of 3 months;

c/ When detecting an agency, organization or enterprise violating the provisions in Clause 2 of this Article, the competent agency specified in Clause 8, Article 24 of this Decree shall issue a decision to revoke the license for establishing the news aggregator website, or the license/letter of confirmation of provision of social networking services and request termination of operation.

4. Competent agencies shall apply necessary technical measures to prevent or suspend the operation of a website in the following cases:

a/ The agency, organization, enterprise or individual managing the website fails to remove content, services or applications that violate(s) the provisions of Article 8 of the Law on Cyber ​​Security upon request of the competent agency specified in Clause 5, Article 23 and Clause 4, Article 24 of this Decree;

b/ The competent agency does not have contact information of, or cannot contact (via contact information published on the website), the agency, organization, enterprise or individual managing the website within 24 hours (from the time the competent agency first contacts) to request the removal of content, services or applications that violate(s) the provisions of Article 8 of the Law on Cyber ​​Security;

c/ The agency, organization, enterprise or individual managing the website fails to stop or terminate operation at the request of the competent agency as specified in Clause 3 of this Article.

Article 34. Responsibilities of agencies, organizations and enterprises establishing news aggregator websites

Agencies, organizations and enterprises establishing news aggregator websites have the following responsibilities:

1. To establish news aggregator websites and provide republished information in accordance with law.

2. To have at least 1 server system located in Vietnam to serve the inspection, examination, storage and provision of information when requested by the Ministry of Information and Communications, the Ministry of Public Security and competent agencies and settlement of complaints of users regarding the provision of services according to regulations.

3. To formulate a process for managing content and republished information, promptly update and adjust syndicated content when the source content changes.

4. To check, monitor and remove content, services and applications that violate the provisions of Article 8 of the Law on Cyber ​​Security within 24 hours after receiving a written request, by phone or via electronic means from the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and Hi-Tech Crime Prevention), provincial-level Departments of Information and Communications and competent agencies according to specialized laws or when detecting violations themselves; handle requests and complaints about intellectual property according to Vietnam’s law on intellectual property.

5. To deploy solutions to protect children in the cyber environment in accordance with the law on child protection.

6. To connect to the monitoring system of the Ministry of Information and Communications to monitor the posting of news and articles on news aggregator websites and make statistics of the number of visits.

7. To make reports according to Clause 10, Article 24 of this Decree and be subject to inspection and examination by competent agencies.

Article 35. Responsibilities of domestic agencies, organizations and enterprises providing social networking services

Agencies, organizations and enterprises providing social networking services have the following responsibilities:

1. To provide social networking services in compliance with this Decree. Social networks that also provide other specialized services must comply with relevant laws.

2. To manage and provide social networking services in accordance with law and the agreement on provision and use of services with service users; to describe the process and method of distributing content on their social network platforms and publicly announce it in the Service Provision Agreement/Community Standards for service users to choose services for use.

3. To ensure that service users have the right to decide whether to allow domestic agencies, organizations and enterprises providing social networking services to use their information for promotional and communication purposes or to provide it to other organizations and individuals.

4. Not to post or allow users (including personnel of agencies, organizations and enterprises providing social networking services) to produce content in the form of reportage, investigative reportage or press interview and post them on social networks.

5. To check, monitor and remove information and services that violate Article 8 of the Law on Cyber ​​Security within 24 hours after detecting the violation.

6. To prevent and remove information and services that violate the provisions of law upon request by phone, in writing or via electronic means of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and Hi-Tech Crime Prevention), provincial-level Departments of Information and Communications and competent agencies in accordance with specialized laws and Clause 4, Article 24 of this Decree.

7. To temporarily block user accounts, pages, groups, and channels that regularly post violating content (having provided content that violates the provisions of law for at least 5 times within 30 days or having provided content that violate regulations for at least 10 times within 90 days and are requested to be blocked or removed by the Ministry of Information and Communications or the Ministry of Public Security requests) within 24 hours when so requested by phone, in writing or via electronic means by the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and Hi-Tech Crime Prevention), provincial-level Departments of Information and Communications and competent agencies in accordance with specialized laws or when detecting violations themselves. The temporary blocking period is between 7 days and 30 days, depending on the severity and number of violations.

To permanently block user accounts, fanpages, groups and channels that post contents violating national security or have been temporarily blocked 3 times or more when so requested by phone, in writing or via electronic means by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and Hi-Tech Crime Prevention), provincial-level Departments of Information and Communications and competent agencies in accordance with specialized laws.

In case agencies, organizations or enterprises providing social networking services fail to handle the violating contents and services, or fail to temporarily or permanently block the violating accounts when requested, the Ministry of Information and Communications shall suspend the provision of social networking services or revoke the license/letter of confirmation of notification of provision of social networking services granted to the agencies, organizations or enterprises according to Article 33 of this Decree.

8. Within 48 hours after receiving a complaint from service users in Vietnam about the contents violating Article 8 of the Law on Cyber ​​Security, agencies, organizations or enterprises providing social networking services shall block and remove the violating contents, services or applications.

Complaints about the lawful rights and interests of service users in Vietnam shall be handled in accordance with the laws on protection of consumer rights and intellectual property and relevant regulations.

9. To provide information of social networking service users to competent agencies when so requested in writing to serve the investigation and handling of violations of the law on management, provision and use of Internet services and cyberinformation.

10. To have at least 1 server system located in Vietnam to serve inspection, examination, storage, and provision of information when requested by the Ministry of Information and Communications, the Ministry of Public Security and competent agencies and resolve complaints of users regarding the provision of services according to regulations.

  11. To carry out registration, storage, authentication and management of content and information of service users according to Clause 3, Article 27 of this Decree; to delete information of service users upon expiration of the storage period according to regulations.

12. To coordinate with the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and provincial-level Departments of Information and Communications in providing information, and disseminating Vietnam’s law relating to the provision and use of the Internet and cyberinformation to service users.

13. To deploy solutions to protect children in the cyberspace in accordance with the law on child protection.

  14. To connect to the monitoring system of the Ministry of Information and Communications to serve making of statistics and monitor the number of service users and visits.

15. To provide tools for searching and scanning content at the request of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and Hi-Tech Crime Prevention).

16. To make reports according to Clause 10, Article 24 of this Decree and be subject to inspection and examination by competent authorities.

  Article 36. Rights and obligations of users of domestic social networking services and foreign social networking services provided across borders into Vietnam

Users of social networking services (including organizations and individuals) have the following rights and obligations:

1. To use social networking services in accordance with law.

2. To have their information protected in accordance with law, except in cases where there is a request from an investigation agency or a competent agency in handling violations.

3. To comply with regulations on management, provision and use of social networking services.

  4. To be held responsible for the content of information they store, provide or transmit on social networks, and information disseminated via direct links they establish.

5. User accounts, channels, fanpages, and groups on social networks have the right to register with the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) to be trained in and disseminated with regulations on the provision and use of Internet services and cyberinformation and to be recommended for advertising selection.

6. To comply with specialized laws when providing specialized information and services on social networks; to comply with regulations on taxes and payment when conducting business activities and related transactions on social networks.

7. Owners of user accounts, channels and fanpages and administrators of groups on social networks may not give their user accounts, channels, pages or groups the names that are similar or identical to the names of press agencies or contain words (in Vietnamese or equivalent foreign languages) confusingly mistaken to press agencies or press activities such as: bao (newspaper), dai (radio),  tap chi (magazine), tin or tin tuc (news), phat thanh (radio), truyen hinh (television), truyen thong (media), thong tan or thong tan xa (news agency), etc.; shall be responsible for managing the content posted on their user accounts, fanpages, groups or channels; shall be responsible for preventing and removing information that violates law, information that affects the lawful rights and interests of other organizations and individuals, and information that affects children posted on their user accounts, fanpages, groups or channels (including comments from service users) within 24 hours after so requested by phone, in writing or via electronic means by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), the Ministry of Public Security (the Department of Cyber ​​Security and  Hi-Tech Crime Prevention), provincial-level Departments of Information and Communications and competent agencies according to specialized laws or within 48 hours for well-grounded complaints from service users; and may not take advantage of social networks to produce content in the form of reportage, investigative reportage or press interview.

8. User accounts, fanpages, channels, and groups on social networks shall, when providing information via the livestream feature, comply with this Decree. In case of providing information relating to other specialized services, they shall comply with specialized laws.

Section 3

ONLINE GAMES

Article 37. Principles of online game management

 1. Online games shall be classified into:

a/ Video games in which multiple players concurrently interact with one another via game server systems of game providers (below referred to as G1 games);

b/ Video games in which players only interact with game server systems of game providers (below referred to as G2 games);

c/ Video games in which multiple players interact with one another but do not interact with game server systems of game providers (below referred to as G3 games);

d/ Video games which are downloaded from the Internet and in which players do not interact with one another and with game server systems of game providers (below referred to as G4 games);

dd/ For online games of other new types which are not specified at Points a, b, c, and d of this Clause, the Ministry of Information and Communications shall advise and propose management measures to the Prime Minister for consideration and decision.

2. Enterprises may release G1 games after obtaining a license for G1 online game service provision and a decision on G1 online game release.

3. Enterprises may release G2, G3 and G4 games after obtaining a certificate of G2, G3 and G4 online game service provision and a letter of confirmation of notification of release of G2, G3 and G4 online games.

4. Foreign organizations and individuals providing online game services for users in Vietnam, covering also provision of cross-border services, shall establish enterprises in accordance with Vietnam’s law to provide online game services under this Decree and regulations on foreign investment.

Article 38. Player age-based classification of online games

1. Online games shall be classified based on player age as follows:

a/ Online games for players from 18 years of age or older (18+) means games containing no pornographic acts, images, sounds, languages and dialogues; or containing close-ups of weapons and characters simulating real humans, for games that involve fighting or combating activities;

b/ Online games for players from 16 years of age or older (16+) means games containing no pornographic acts, images, sounds, languages and dialogues and close-ups of intimate human body parts; and no images or acts of violence, for those involving fighting activities;

c/ Online games for players from 12 years of age or older (12+) means games containing no pornographic acts, images, sounds, languages and dialogues, characters with  revealing attire, and close-ups of intimate human body parts; using only animated characters that simulate or do not simulate real humans; or using only fighting equipment and vehicles without the presence of characters simulating real humans during the game and using animated weapon images and non-zoomable weapon images, and with reduced weapon clash sounds, for games involving fighting activities;

d/ Online games for players of all ages (00+) means simulated animated games containing no fighting activities using weapons; no ghostly, horrific or violent images and sounds; and no pornographic acts, images, sounds, languages and dialogues and characters with revealing attire and close-ups of intimate human body parts.

2. Responsibilities of online game service providers for player age-based game classification:

a/ To classify their online games based on player age according to Clause 1 of this Article;

b/ To state the results of player age-based classification of their online games in the dossiers of application for a license for provision of online game services. The player age-based classification of online games is one of the to-be-appraised contents of online games;

c/ To continuously display the results of player age-based classification of their online games on the screens of gaming equipment and advertising contents at positions selected by themselves. The symbols of the results of player age-based classification of online games must have the noticeable sizes and colors.

3.  When detecting that the age-based classification of a G1, G2, G3 or G4 game by a game provider does not conform with Clause 1 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or provincial-level Department of Information and Communications shall issue a document requesting the game provider to adjust the classification within 15 days.

In case the game provider fails to adjust the result of player age-based classification of its online game as requested, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or provincial-level Department of Information and Communications shall issue a document requesting the game provider to suspend the release of the game and take solutions to ensure players’ interests. Within 15 days after the issuance of the written request, if the game provider fails to suspend the release of the game as requested, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or provincial-level Department of Information and Communications shall revoke the decision on G1 online game release and letter of confirmation of notification of G2, G3 and G4 online game release.

Article 39. Grant of licenses for provision of G1 online game services

1. To be granted a license for provision of G1 online game services, a game provider must fully meet the following conditions:

a/ Being an enterprise established in accordance with Vietnam’s law and operating in the business line of providing online game services as announced on the National Business Registration Portal; and having a head office with a clear and contactable address and phone number;

b/ Having registered a domain name for service provision;

c/ Having sufficient financial capacity, organizational structure and personnel serving the administration of online games suitable to its operation scale;

d/ Having a technical equipment system to connect payment with payment service providers and payment intermediary service providers in accordance with law, ensuring accurate and adequate updating and storage of, and enabling players to look up, detailed information about their payment accounts on the game application system (game accounts);

dd/ Having a technical equipment system to ensure adequate updating and storage of player information in Vietnam, including full name; date of birth; and mobile phone number in Vietnam. Verifying player accounts using their mobile phone numbers in Vietnam, ensuring that only verified accounts may play the games; for under-16 players, their parents or guardians under the civil law shall register accounts using the latter’s information and monitor and manage the playing time and game content of these players; and deleting player information after the storage period expires under regulations;

e/ Having a technical equipment system to ensure the management of under-18 players’ playing time per day (from 00:00 to 24:00) which must neither exceed 60 minutes for each game nor exceed 180 minutes for all the games for under-18 players it provides;

g/ Having a technical equipment system to ensure the continuous display of the result of player age-based classification for all the games it provides when introducing, advertising and releasing such games; having warning information stating that “Playing games more than 180 minutes a day is detrimental to health” in noticeable positions on game forum (if any) and on players’ device screens at a frequency of 30 minutes/time during the games;

h/ Having a technical equipment system to ensure the management of the content exchanged and shared in games and on game forums (if any) as specified in Clause 2, Article 28 of this Decree;

i/ Having measures to manage players’ account content and information to ensure the adequate storage and continuous and accurate updating of information during the players’ service use, including account name, service use time, and information relating to the ownership of virtual items, virtual units, and bonus points;

k/ Having a plan to ensure cyberinformation safety and information security, service quality and legitimate benefits of players;

l/ Having a backup plan for equipment and connection, and a data backup plan to ensure system safety upon the occurrence of incidents.

2. The validity duration of a license for G1 online game service provision shall depend on the request of the game provider but must not exceed 10 years.

3. Licenses for G1 online game service provision shall expire in case the game providers are dissolved or go bankrupt or fall into one of the cases subject to license revocation specified in Clause 2, Article 47 of this Decree.

4. In case a license for G1 online game service provision is revoked or expires, the procedures for grant of the new one shall be carried out as those specified in Articles 40 and 41 of this Decree.

Article 40. Dossiers of application for licenses for G1 online game service provision

 A dossier of application for a license for G1 online game service provision must comprise:

1. An application for a license, made according to Form No. 29 provided in the Appendix to this Decree.

2. A valid copy (a copy issued from the master register, a certified copy, an electronically certified copy or a copy together with the original for collation) of the enterprise registration certificate or investment registration certificate; or a valid copy of another equivalent certificate or license issued before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 68/2014/QH13 on Enterprises.

3. A scheme on G1 online game service provision certified by the legal representative or the head of the applying entity, covering the following major contents:

a/ A plan on service provision, financial capacity, organizational structure, staffs and technical facilities, ensuring satisfaction of the conditions specified in Clause 1, Article 39 of this Decree;

b/ An overall diagram of the service provision equipment system and the location of the system;

c/ Information on main and standby parts of the service provision equipment system (name, functions and tentative configuration of the equipment) to ensure service quality, cyberinformation safety and information security; a data backup plan and backup plan; and a plan to ensure players’ interests and information data;

d/ Detailed information on the mode and scope of service provision (domain name, game distribution channels and IP address); Internet and telecommunications network connection enterprises (enterprise’s name, address, connection channel capacity);

dd/ Information on the planned connection with payment service providers and payment intermediary service providers.

Article 41. Order and procedures for grant of licenses for G1 online game service provision

1. A game provider shall hand-deliver or send by post 1 dossier of application for a license for G1 online game service provision to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

2. Within 20 days after receiving the valid dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall consider and grant a license for G1 online game service provision, made according to Form No. 30 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply, clearly stating the reason.

Article 42. Modification, supplementation, extension and re-grant of licenses for G1 online game service provision

1. A game provider shall carry out the procedures of request or modification or supplementation of its license for G1 online game service provision within 10 days after changing one of the following contents:

a/ Its name;

b/ The name of its legal representative;

c/ Address of its head office or transaction office;

d/ Address of server location or hiring place.

2. A dossier of request for modification or supplementation of a license for G1 online game service provision must comprise:

a/ A request for modification or supplementation of the license, made according to Form No. 31 provided in the Appendix to this Decree;

b/ Documents proving the reasons for modification or supplementation (if any).

3. The game provider shall hand-deliver or send by post 1 dossier of request for modification or supplementation of a license for G1 online game service provision to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

4. Within 5 working days after receiving the valid dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall appraise it and issue a modified or supplemented license to the game provider, made according to Form No. 30 provided in the Appendix to this Decree. The modified or supplemented license shall be valid from the date of issuance through the expiration date of the initial license. In case of refusal, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply, clearly stating the reason.

5. Extension of a license

a/ At least 30 days before its license expires, a game provider that wishes to have its license extended shall hand-deliver or send by post 1 dossier of request for extension of its license to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

b/ Within 5 working days after receiving the valid request, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall appraise it and issue an extended license, made according to Form No. 30 provided in the Appendix to this Decree. The consideration of extension of the license shall be based on the game provider’s compliance with provisions of the license for G1 online game service provision and the law on online game service provision.

 In case of refusal, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply, clearly stating the reason;

c/ The license may be extended once for at most 2 years. During the extended period of the license, the game provider may submit a dossier for grant of a new license under Articles 39, 40 and 41 of this Decree.

6. Re-issuance of a license

a/ In case its license for G1 online game service provision is lost or unusably damaged, a game provider shall send a request for re-issuance of the license, made according to Form No. 33 provided in the Appendix to this Decree;

b/ The game provider shall hand-deliver or send by post 1 dossier of request for re-issuance of the license to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

c/ Within 5 working days after receiving the valid request, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall consider and re-issue the license to the game provider, made according to Form No. 30 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply, clearly stating the reason;

d/ The re-issued license shall have the contents similar to the initial license and include the following information: date of issuance of the initial license, date of issuance of the modified or supplemented license (if any), date of re-issuance, and number of times of re-issuance.

7. In case a game provider that has been granted a license for G1 online game service provision is transferred or has its owner(s) changed, it shall carry out procedures to apply for a new license under Articles 40 and 41 of this Decree.

Article 43. Grant of decisions on G1 online game release

1. A game provider shall be granted a decision on G1 online game release when fully satisfying the following conditions:

a/ Its license for G1 online game service provision remains valid for at least 6 months;

b/ The content and scenario of the video game do not violate Article 8 of the Law on Cyber Security and regulations on intellectual property; not simulate money-earning games in casinos and games using card images; not contain images, sounds or languages that depict in detail the following acts: acts of terrorism, murder, torture, and woman and child maltreatment, abuse and trafficking; inciting suicide and violence; erotic and vulgar acts that are contrary to traditional ethics and culture and national fine customs; distorting or undermining the historical traditions; violating national sovereignty or territorial integrity; using drug, alcohol and tobacco; and gambling or other illegal acts;  

c/ The player age-based classification of the game is suitable to its content and scenario as specified in Clauses 1 and 2, Article 38 of this Decree.

2. The validity duration of a decision on G1 online game release shall coincide with the validity duration of the licensing agreement for release of the game in Vietnam but must not exceed 5 years. When the agreement expires, if the game provider is furthered licensed to release the game, it shall carry out procedures to request the re-issuance of the decision as specified at Point a, Clause 5, Article 46 of this Decree.

Article 44. Dossiers of application for decisions on G1 online game release

A dossier of application for a decision on G1 online game release must comprise:

1. An application, made according to Form No. 34 provided in the Appendix to this Decree.

2. Papers, documents and evidence proving intellectual property rights for the game as provided in the Law on Intellectual Property; the licensing agreement for release of the game in Vietnam. For games licensed by foreign partners for release, the licensing agreement must be consularly legalized by the host country (documents and papers in foreign languages ​​must be translated into Vietnamese and certified in accordance with the law on certification).

3. A scheme on G1 online game release certified by the legal representative or head of the game provider, comprising the following contents:

a/ Name, source and origin of the game; content and scenario of the game meeting the conditions specified at Point b, Clause 1, Article 43 of this Decree, including the system of characters and tasks, map (diagram), the system of virtual units and virtual items, bonus points, interactive sounds, images and acts, acts of characters performing tasks, fighting among characters (including character images, weapons, functions, etc.); released version, and result of player age-based classification of the game;

b/ Detailed information on the mode and scope of service provision, including: domain name and IP address of the website introducing and providing the game and game application; name of the application store distributing the game;

c/ Information on payment support services in the online game of the game provider, methods of payment for the game and collection of money from players.

4. Storage equipment/electronic data displaying typical images, activities and sounds of the game: account registration; maps, diagrams; some character lines, virtual items and gears of characters; typical fighting acts among characters performing tasks; management of players’ exchange and sharing contents in the game and on the game forum (if any); display of information about age classification and recommendations.

Article 45. Order and procedures for grant of decisions on G1 online game release

1. A game provider shall hand-deliver or send by post 1 dossier of application for a decision on G1 online game release to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

2. Within 20 days after receiving the valid dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall appraise the game. In case the game fully satisfies the law-specified conditions, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall consider and issue a decision on G1 online game release to the game provider, made according to Form No. 35 provided in the Appendix to this Decree, and send to the game provider a code segment (showing the icon of a licensed-for-release G1 game) via the latter’s email address.

In case of refusal, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a written reply, clearly stating the reason.

3. The game provider that is granted the decision shall attach the code segment to the video game description content on the application store (if any) and website providing the game. The code segment shall be linked to the licensing data section on the Portal of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Article 46.  Modification, supplementation, and re-issuance of decisions on G1 online game release

1. A game provider shall carry out procedures to request the modification or supplementation of its decision on G1 online game release in the following cases:

a/ Change of the game’s name or source;

b/ Change of the result of player game-based classification of the game;

c/ Upgrading of the game version with change of the content and scenario compared to the version under the granted decision;

d/ Change or supplementation of the approved mode and scope of service provision of the G1 online game (domain name, for web games, IP address and game distribution channel);

dd/ Change of the address of server location or hiring place.

2. A dossier of request for modification supplementation of a decision on G1 online game release must comprise:

a/ A request for modification or supplementation of the decision, made according to Form No. 36 provided in the Appendix to this Decree;

b/ Documents proving the reasons for modification or supplementation (if any).

3. The game provider shall hand-deliver or send by post 1 dossier of request for modification or supplementation of the decision to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

4. Within 5 working days after receiving the valid dossier, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall appraise the dossier and issue the modified or supplemented decision to the game provider, made according to Form No. 35 provided in the Appendix to this Decree, after updating modified or supplemented contents, clearly stating the date of issuance of the initial decision and date of issuance of the modified or supplemented decision (if any). In case of refusal, it shall issue a written reply, clearly stating the reason.

5. Re-issuance of a decision

a/ In case its decision on G1 online game release is lost or unusably damaged or when implementing the transitional provisions specified in Clause 4, Article 82 of this Decree, or in case the licensing agreement for release of the game in Vietnam is extended as specified in Clause 2, Article 43 of this Decree, a game provider shall carry out procedures to request the re-issuance of the decision, using Form No. 37 provided in the Appendix to this Decree;

b/ The game provider shall hand-deliver or send by post 1 dossier to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or submit it on the Ministry of Information and Communications’ online public service system.

In case of submitting the dossier on the Ministry of Information and Communications’ online public service system, digital signatures shall be required in accordance with the law on e-transactions.

c/ Within 5 working days after receiving the valid request, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall consider and re-issue the decision to the game provider, using Form No. 35 provided in the Appendix to this Decree. In case of refusal, it shall issue a written reply, clearly stating the reason;

d/ The re-issued decision must have the contents similar to the initial decision and include the following information: date of issuance of the initial decision, date of issuance of the modified or supplemented decision (if any), date of re-issuance, and number of times of re-issuance.

6. In case a game provider that has been issued a decision on G1 online game release is transferred or has its owner(s) changed, it shall carry out procedures to apply for a new decision under Articles 43 and 44 of this Decree.

Article 47. Suspension of G1 online game service provision; revocation of licenses for G1 online game service provision, decisions on G1 online game release

1. The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a decision to suspend G1 online game service provision or suspend G1 online game release for a period of 3 months when the concerned game provider:

a/ Violates Article 8 of the Law on Cyber ​​Security; or,

b/ Fails to meet the conditions specified in Clause 1, Article 39 and Clause 1, Article 43 of this Decree after receiving the written request for remediation from the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

2. The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall revoke a license for G1 online game service provision or a decision on G1 online game release when:

a/ The game provider is suspended from operation or suspended from game release as specified in Clause 1 of this Article but fails to take remedial measures to ensure feasibility after the suspension period;

b/ The license expires as specified in Clause 2 or 3, Article 39 of this Decree or the Decision expires as specified in Clause 2, Article 43 of this Decree;

c/ There is a written notice of termination of operation or after 12 months from the effective date of the license/decision, the game provider neither provides services nor reports to the competent agency that has granted the license/decision.

3. Order and procedures for suspension of operation, revocation of a license for G1 online game service provision, and a decision on G1 online game release:

a/ When detecting that the game provider violates Point a, Clause 1 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a decision to suspend G1 online game provision and G1 online game release for a period of 3 months;

b/ When detecting that the game provider violates Point b, Clause 1 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a notice to request the game provider for remediation. After 15 days from the deadline stated in the notice, if the game provider fails to remedy, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a decision to suspend G1 online game service provision and G1 online game release for a period of 3 months;

c/ When detecting that the game provider violates Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall issue a decision to revoke the game provider’s license for G1 online game service provision or decision on G1 online game release.

4. Competent agencies shall apply necessary technical measures to prevent and suspend G1 online game service provision in the following cases:

a/ G1 online game service providers fail to suspend the release of games containing the violating contents specified in Article 8 of the Law on Cyber ​​Security or Clause 1, Article 43 of this Decree at the request of competent agencies;

b/ Competent agencies cannot contact G1 online game service providers (via contact information stated on licenses) within 24 hours (from the first-time contact) to request suspension of the release of games containing the violating content specified in Article 8 of the Law on Cyber ​​Security;

c/ G1 online game service providers neither suspend nor terminate their operation at the request of competent agencies as specified in Clause 3 of this Article.

Article 48. Grant of certificates of G2, G3 or G4 online game service provision

1. A game provider shall be granted a certificate of G2, G3 or G4 online game provision when meeting the following conditions:

a/ Being an enterprise established in accordance with Vietnam’s law and operating in the business line of online game service provision as announced on the National Business Registration Portal; having a head office with a clear address and contact phone number;

b/ Having registered domain names for service provision;

c/ Having sufficient financial capacity, organizational structure and personnel suitable to its operation scale;

d/ Having a technical equipment system to connect payment with payment service providers and payment intermediary service providers in accordance with law, ensuring accurate and complete updating and storage of, and enabling players to look up, detailed information about their payment accounts on the game application system (game accounts);

dd/ Having a technical equipment system to ensure storage and full updating of personal information of players in Vietnam including: full name, date of birth and mobile phone number in Vietnam. Verifying player accounts via mobile phone numbers in Vietnam, ensuring that only verified accounts may participate in games; for players aged under 16 years old, their parents or guardians according to the civil law shall use their information to register accounts and take responsibility for monitoring and managing playing time and game contents of under-16 players; and deleting player information when the storage period expires according to regulations;

e/ Having a technical equipment system to manage under-18 players’ playing time (from 00:00 to 24:00) per day, which must neither exceed 60 minutes for each game nor exceed 180 minutes for all the games for under-18 players the game provider provides;

g/ Having a technical equipment system to continuously display the age-based game classification results for all games provided by the game provider during the process of game introduction, advertising or provision; displaying the warning “Playing games for more than 180 minutes per day is detrimental to health” in noticeable positions of the games’ forums (if any) and on players’ device screens at the frequency of 30 minutes/time during the games;

h/ Having a technical equipment system to ensure management of contents exchanged and shared on game forums (if any) as specified in Clause 2, Article 28 of this Decree;

i/ Having measures to manage contents and information of player accounts to ensure full storage and continuous and accurate updating of players’ information in the course of using services, including: account name, time of using service, information related to the ownership of virtual items and virtual units, and bonus points of players;

k/ Having a plan to ensure cyberinformation security and information security; ensuring service quality and legitimate interests of players;

l/ Having a standby plan on equipment and connection and a data backup plan to ensure system safety when incidents occur.

2. The validity duration of a certificate of G2, G3 or G4 online game service provision shall depend on the request of game providers but must not exceed 10 years.

3. A certificate of G2, G3 or G4 online game service provision shall be no longer valid in case the concerned game provider is dissolved, goes bankrupt or falls into one of the cases subject to revocation of certificates specified in Clause 2, Article 53 of this Decree.

4. In case a certificate of G2, G3 or G4 online game service provision is revoked or expires, the re-grant of such certificate shall be carried out like the grant of new ones as specified in Articles 49 and 50 of this Decree.

Article 49. Dossiers of application for certificates of G2, G3 or G4 online game service provision

A dossier of application for a certificate of G2, G3 or G4 online game service provision must comprise:

1. An application for a certificate of G2, G3 or G4 online game service provision, made according to Form No. 38 provided in the Appendix to this Decree.

2. A valid copy (a copy from the master register, a certified copy, an electronically certified copy or a copy with the original for collation) of the enterprise registration certificate or investment registration certificate, or a valid copy of another equivalent certificate or license granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises.

3. A scheme on G2, G3 or G4 online game service provision certified by the legal representative or head of the applying entity, covering:

a/ A plan on service provision, stating financial capacity, organizational structure, personnel and technical facilities for service provision that satisfy the conditions specified in Clause 1, Article 48 of this Decree;

b/ An overall diagram of the service provision system and the location of the system;

c/ Information about the main and standby parts of the service provision system (name, functions and expected configuration of each device), ensuring service quality, cyberinformation safety and information security; a data backup plan and a standby scheme; a plan to ensure players’ interests and players’ information confidentiality;

d/ Detailed information on mode and scope of service provision (domain name, game distribution channel, IP address); Internet and telecommunications network connection enterprises (name, address, capacity of connection channel);

dd/ Information on expected connection with payment service providers and payment intermediary service providers.

Article 50. Order and procedures for grant of certificates of G2, G3 or G4 online game service provision

1. A  game provider shall hand-deliver or send by post 1 dossier of application for a certificate of G2, G3 or G4 online game service provision to the provincial-level Department of Information and Communications of the locality where its registered head office is located or submit the dossier on the provincial-level Department of Information and Communications’ online public service system.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

2. Within 15 days after receiving a valid dossier, the provincial-level Department of Information and Communication shall consider and grant a certificate of G2, G3 or G4 online game service provision, made according to Form No. 39 provided in the Appendix to this Decree, to the applying entity. In case of refusal, the provincial-level Departments of Information and Communications shall reply in writing, clearly stating the reason.

Article 51. Modification or supplementation, extension and re-grant of certificates of G2, G3 or G4 online game service provision

1. A game provider shall carry out procedures to request modification or supplementation of its granted certificate of G2, G3 or G4 online game service provision when changing one of the following contents:

a/ Its name;

b/ The name of its legal representative;

c/ Category of the online games being provided (G2, G3 or G4);

d/ Address of its head office or transaction office;

dd/ Address of the server location or hiring place.

2. A dossier of request for modification or supplementation of a certificate of G2, G3 or G4 online game service provision must comprise:

a/ A request for modification or supplementation of a certificate of G2, G3 or G4 online game service provision, made according to Form No. 40 provided in the Appendix to this Decree;

b/ Documents explaining the modification (if any).

3. The game provider shall hand-deliver or send by post 1 dossier of request for modification or supplementation of certificate of G2, G3 or G4 online game service provision to the provincial-level Department of Information and Communications of the locality where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

4. Within 5 working days after receiving a valid dossier, the provincial-level Department of Information and Communications shall consider and grant a modified/supplemented certificate, made according to Form No. 39 provided in the Appendix to this Decree. The validity duration of the modified/supplemented certificate is counted from the date of grant to the expiry date of the original certificate. In case of refusal, the provincial-level Department of Information and Communications shall reply in writing, clearly stating the reason.

5. Extension of certificates

a/ At least 15 days before its certificate expires, an agency, organization or enterprise wishing to have its certificate extended shall hand-deliver or send by post a written request for extension, made according to Form No. 41 provided in the Appendix to this Decree, to the provincial-level Department of Information and Communications of the locality where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

b/ Within 5 working days after receiving a valid request, the provincial-level Department of Information and Communications shall appraise it and issue an extended certificate, using Form No. 39 provided in the Appendix to this Decree. The consideration for extension of the certificate shall be based on the game provider’s compliance with the certificate of G2, G3 or G4 online game service provision and the law on provision of online game services.

In case of refusal, the provincial-level Department of Information and Communications shall issue a written reply, clearly stating the reason;

c/ A certificate may be extended once for at most 2 years. In the period of extension, game providers may submit a dossier of application for a certificate according to Articles 48, 49 and 50 of this Decree.

6. Re-grant of certificates:

a/ A  game provider whose certificate is lost or unusably damaged may request re-grant of the certificate, using Form No. 42 provided in the Appendix to this Decree;

b/ The game provider shall hand-deliver or send by post 1 dossier to the provincial-level Department of Information and Communications of the locality where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

c/ Within 5 working days after receiving a valid request, the provincial-level Department of Information and Communications shall consider and re-grant the certificate, using Form No. 39 provided in the Appendix to this Decree. In case of refusal, the provincial-level Department of Information and Communications shall issue a written reply, clearly stating the reason;

d/ The re-granted certificate must have its main content similar to the original certificate, including: date of grant of the original certificate, date of grant of the modified/supplemented certificate (if any), date of re-grant and number of times of re-grant.

7. In case a game provider that has been granted a certificate of G2, G3 or G4 online game service provision is transferred or has its owner changed, it shall carry out procedures to apply for a certificate according to Articles 49 and 50 of this Decree.

Article 52. Grant of letters of confirmation of notification of G2, G3 or G4 online game release

1. Before officially providing G2, G3 or G4 online game services, a game provider shall carry out procedures to apply for a letter of confirmation of notification of G2, G3 or G4 online game release.

The contents and scenarios of the online game do not violate Article 8 of the Law on Cyber Security and regulations on intellectual property; do not simulate money-earning  games in casinos and games with the image of cards; do not contain images, sounds or language that depict in detail the following acts: acts of terrorism, murder or torture, woman or child maltreatment, abuse and trafficking; inciting suicide or violence; erotic and vulgar acts that are contrary to traditional ethics and culture and national fine customs; distorting or undermining historical traditions; infringing upon national sovereignty and territorial integrity; using drugs, alcohols or tobacco; gambling and other law-violating acts.

A dossier of application for a letter of confirmation of notification of game release must comprise a notice of G2, G3 or G4 online game release, made according to Form No. 43 provided in the Appendix to this Decree.

The game provider shall hand-deliver or send by post 1 dossier to the provincial-level Department of Information and Communications of the locality where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

2. Within 10 days after receiving a valid dossier, the provincial-level Department of Information and Communications shall appraise the dossier. In case all conditions are met, the provincial-level Department of Information and Communications shall consider and grant a letter of confirmation of notification of G2, G3 or G4 online game release, made according to Form No. 44 provided in the Appendix to this Decree.

The validity period of the letter of confirmation of notification of G2, G3 or G4 online game release shall coincide with the licensing agreement on the release of the game in Vietnam, but must not exceed 5 years. When the letter of authorization/licensing agreement for release of the game in Vietnam expires, if the game provider is further licensed to release the game, it shall carry out procedures to request re-grant of the letter of confirmation according to Clause 5 of this Article.

In case of refusal, the provincial-level Department of Information and Communications shall issue a written reply, stating the reason.

3. In the course of providing G2, G3 or G4 online game services, a  game provider shall send a notice of supplementary information to the provincial-level Department of Information and Communications of the locality where its head office is located upon change of one of the following contents:

a/ Name and origin of the game;

b/ The result of player age-based classification of the game;

c/ Category of the game (G2, G3 or G4);

d/ Approved methods and scope of service provision (domain name, for games provided on websites, IP address and distribution channel, for games provided on mobile devices).

The game provider shall hand-deliver or send by post 1 dossier of notification of supplementary information by the provincial-level Department of Information and Communications of the locality where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

Within 5 working days after receiving the notice, the provincial-level Department of Information and Communications shall consider and issue a modified letter of confirmation of notification of G2, G3 or G4 online game release, using Form No. 44 provided in the Appendix to this Decree. In case of refusal, the provincial-level Department of Information and Communications shall reply in writing, clearly stating the reason.

4. In case a game provider whose letter of confirmation of notification of G2, G3 or G4 online game release is lost or unusably damaged or in case of implementing transitional provisions in Clause 7, Article 82 of this Decree or in case the letter of authorization specified in Clause 2 of this Article is renewed, the game provider shall carry out procedures to request re-grant of the letter of confirmation, using Form No. 46 provided in the Appendix to this Decree.

The game provider shall hand-deliver or send by post 1 dossier of request for re-grant of the letter of confirmation of notification of G2, G3 or G4 online game release to the provincial-level Department of Information and Communications where its head office is located or submit the dossier on the online public service system of the provincial-level Department of Information and Communications.

In case of submitting the dossier on the online public service system, digital signatures shall be required in accordance with the law on e-transactions.

Within 5 working days after receiving a valid request, the provincial-level Department of Information and Communications shall consider and re-grant the letter of confirmation for the enterprise, using Form No. 44 provided in the Appendix to this Decree. In case of refusal, the provincial-level Department of Information and Communications shall reply in writing, clearly stating the reason.

The re-granted letter of confirmation shall have main contents similar to the original one including: date of grant of the original letter of confirmation, date of grant of the modified letter of confirmation (if any), date of re-grant and number of times of re-grant.

Article 53. Suspension of G2, G3 or G4 online game service provision; and revocation of certificates of G2, G3 or G4 online game service provision and letters of confirmation of notification of G2, G3 or G4 online game release

1. The provincial-level Department of Information and Communications of the locality where an organization’s/enterprise’s registered head office is located shall issue a decision to suspend G2, G3 or G4 online game service provision and suspend G2, G3 or G4 game release for a period of 3 months if the organization/enterprise:

a/ Violates Article 8 of the Law on Cyber Security;

b/ Fails to satisfy the conditions specified in Clause 1, Article 48 or Clause 1, Article 52 of this Decree through having been requested to remedy in writing by the provincial-level Department of Information and Communications.

2. The provincial-level Department of Information and Communications shall revoke the certificate of G2, G3 or G4 online game service provision and letter of confirmation of notification of G2, G3 or G4 online game release of a game provider when:

a/ The game provider is suspended from providing G2, G3 or G4 online game service under Clause 1 of this Article but fails to take remedial measures to ensure feasibility after the suspension period;

b/ The certificate expires as specified in Clause 3, Article 48 of this Decree or the letter of confirmation expires as specified in Clause 2, Article 52 of this Decree;

c/ There is a notice of termination of operation or after 12 months since the effective date of the certificate/letter of confirmation but the game provider neither provides services nor reports to the agency competent to grant the certificate/letter of confirmation.

3. Order and procedures for suspension and revocation of a certificate of G2, G3 or G4 online game service provision and a letter of confirmation of notification of G2, G3 or G4 game release

a/ When detecting that a game provider violates Point a, Clause 1 of this Article, the provincial-level Department of Information and Communications shall issue a decision on suspension of G2, G3 or G4 online game service provision and suspension of G2, G3 or G4 online game release. The period of suspension is 3 months;

b/ When detecting a game provider violates Point b, Clause 1 of this Article, the provincial-level Department of Information and Communications shall issue a written request to the enterprise to remedy its violations. After 15 days past the time limit notified in the written request, if the game provider fails to remedy its violations, the provincial-level Department of Information and Communications shall issue a decision to suspend G2, G3 or G4 online game service provision and suspend G2, G3 or G4 online game release. The period of suspension is 3 months;

c/ When detecting that a game provider violates Clause 2 of this Article, the provincial-level Department of Information and Communications shall issue a decision to revoke the game provider’s certificate of G2, G3 or G4 online game service provision and letter of confirmation of notification of G2, G3 or G4 online game release.

4. Competent agencies shall apply necessary technical measures to prevent and suspend G2, G3 or G4 online game service provision in the following cases:

a/ G2, G3 or G4 online game service providers do not suspend the release of games containing the violating contents specified in Article 8 of the Law on Cyber Security or in Clause 1, Article 52 of this Decree at the request of competent agencies;

b/ Competent agencies cannot contact G2, G3 or G4 online game service providers (via contact information stated in certificates) within 24 hours (after the first-time contact) to request suspension of release of games containing the violating contents specified in Article 8 of the Law on Cyber Security;

c/ G2, G3 or G4 online game service providers neither suspend nor terminate their operation at the request of competent agencies as specified in Clause 3 of this Article.

Article 54. Responsibilities of online game service providers

An online game service provider has the following responsibilities:

1. To have at least one server system located in Vietnam to serve the inspection, examination, and information storage and provision at the request of the Ministry of Information and Communications, the Ministry of Public Security and competent agencies and settlement of players’ complaints about service provision under regulations;

2. To establish a website serving the provision of online game services, which must show the following information:

a/ The player age-based classification of online games for each game;

b/ Rules of each game (including the collection of money from players);

c/ Regulations on the management of game contents, information and activities;

d/ Rules on settlement of complaints and disputes over interests between players and the service provider and among players;

dd/ Information about the service provider, including the name; transaction office address; contact phone number; serial number of the license/ certificate/letter of confirmation/decision on release; code segment linked to the “licensing data” section on the Portal of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Upon the provision of games on an application store, the game description must include the serial number and date of issuance of the license/certificate/letter of confirmation/decision on release; code segment linked to the “licensing data” section on the Portal of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

3. To apply measures to mitigate negative impacts of games provided by the service provider, specifically as follows:

a/ Advertisement and introduction about the games (in advertisement programs, or on the website or application of the service provider) must be consistent with the content, scenarios, sounds and images in the licensed games, comply with the advertising regulations, and include the following information: names of games and player age-based classification of games; and warnings of games’ possible unexpected impacts concerning physical and mental health on players;

b/ It is required to register, store, authenticate and manage contents and player information in accordance with law, ensuring that only players who have sufficiently and accurately provided information specified in Clause 1, Article 56 of this Decree may play games; provide games with age-appropriate contents; give warnings about the level of impacts of playing games longer than the recommended playing time  per day and take measures for restricting play hours for children and players aged under 18 years in accordance with the child protection law; ensure that service users have the right to decide whether to allow the service provider to use their information for advertisement and communication purposes or for provision to other organizations and individuals.

4. To ensure lawful interests of players in accordance with the announced rules; to take responsibility for service quality and information security; to have a division to receive and settle complaints and disputes between players and the service provider, and among players.

5. To comply with the provisions on virtual items, bonus points and virtual units of Article 57 of this Decree.

6. If wishing to suspend the provision of online game services, to announce such on the website for game service provision at least 90 days before the expected date of suspension (unless the service provider has to suspend or terminate its operation as requested by competent agencies); to take measures for ensuring interests of players; to send written reports on these contents to the competent licensing agency 15 days before the date of official suspension;

7. To take technical measures for managing forum contents and contents shared and exchanged among players as specified in Clause 2, Article 28 of this Decree.

8. Not to advertise online games on its forums and websites and in other mass media when the service provider has yet to obtain the G1 game release decision or letter of confirmation of notification of the release of G2, G3 and G4 games.

9. To pay charges for appraising online games in accordance with regulations on charges and fees.

10. To make scheduled and unscheduled reports specified in Clause 2, Article 61 of this Decree and send them to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), and the provincial-level Department of Information and Communications of the locality where the service provider’s head office is located.

11. To submit to the inspection, examination and violation handling by competent agencies.

12. To comply with the Law on Intellectual Property and documents concerning intellectual property rights to games; to comply with laws on cyberinformation security, information security and player information confidentiality; to coordinate with competent agencies in investigating and handling violations; to provide player information to competent agencies when requested in writing for investigation and handling of violations of the law on management, provision and use of Internet services and cyberinformation.

13. To comply with regulations on the issuance and management of game cards as specified in Article 58 of this Decree.

14. To connect with lawful payment forms to collect charges from players and make payments for its released online games.

15. To adopt solutions to protect children in the cyber environment in accordance with the child protection law.

Article 55. Advisory Council for appraisal of G1 games and its assisting group

1. The Advisory Council for appraisal of G1 games shall be composed of representatives from related agencies and organizations with appropriate professional qualifications.

2. The Advisory Council for appraisal of G1 games shall provide advices in the course of appraisal of G1 games and in other special cases as requested by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) to ensure provision of objective appraisal advices.

3. The Ministry of Information and Communications shall issue the Decision on establishment of the Advisory Council for appraisal of G1 games and its Operation Regulation.

4. The Advisory Council for appraisal of G1 games may form its assisting group to assist it in the appraisal of G1 games. The assisting group shall be formed by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Article 56. Player information

1. When registering online game accounts, players shall sufficiently and accurately provide the following information: full name; date of birth; and mobile phone number in Vietnam. In case a player is under 16 years old, his/her father, mother or guardian defined in the civil law shall register the player’s account with information of his/her father, mother or guardian in accordance with the civil law and bear responsibility for supervising and managing the playing time and game contents.

2. Online game service providers shall store player information throughout the period the players use  game services and for 6 months after the players suspend their service use, and ensure that players have the right to decide whether to allow the service providers to use their information for advertisement and communication purposes or for provision to other organizations and individuals; deploy a technical equipment system to be connected with the National Population Database or electronic civil status databases as required by competent agencies to verify player information.

Article 57. Virtual items, virtual units and bonus points

1. Online game service providers may only create virtual items, virtual units and bonus points in online games as stated in the dossier for which they obtain the decision on release of G1 games or the letter of confirmation of notification of the release of G2, G3 and G4 games.

2. Players may use bonus points or virtual units in their game accounts to buy or exchange them for virtual items created by the online game service providers in such games.

3. Online game service providers are obliged to manage virtual items, virtual units and bonus points in online games in accordance with the announced rules of games and the approved contents of games for  which they obtain the above-mentioned decision. Promotional programs with rewards (in cash or in kind) may not be attached to the interface and features of online games.

4. Virtual items, virtual units and bonus points may only be used in online games and in conformity with the purposes reported by the service providers and may not be converted into money, prepaid phone cards, bank cards, vouchers, game cards, gift cards, or valuable items traded not in online games.

5. Virtual items, virtual units and bonus points may neither be purchased nor sold among players.

Article 58. Game card issuance

1. Online game service providers may issue and shall manage game cards.

2. An online game service provider may only use game cards to permit players to top up lawful online games provided by itself or other enterprises within the same economic group, corporate group or parent company and subsidiaries of the service provider; and may not use game cards to top up unlicensed online games or for other purposes.

3. Online game service providers shall, when issuing game cards, issue internal regulations on card issuance for application in their systems. When issuing non-physical cards, service providers shall formulate documents describing the process of commencement/suspension of the use of cards, the process of conducting card transactions, the risk management process (including the identification, measurement, control and handling of risks), the scope of card use, and measures to control the use of cards within the agreed scope.

Online game service providers shall report on the number and face value of their issued cards and their revenues in their scheduled reports and send them to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), and the provincial-level Departments of Information and Communications of the localities where their head offices are located.

4. Thirty days before the suspension of the issuance or use of game cards, online game service providers shall notify such in writing to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), and the provincial-level Departments of Information and Communications of the localities where their head offices are located for monitoring and management.

Contents of such a report include: the total number of issued cards, total number of topped-up cards and total number of unsold cards, the face value of cards and total revenues earned from the issuance of cards.

Online game service providers shall hand-deliver or send by post reports to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), and the provincial-level Departments of Information and Communications of the localities where their head offices are located or send reports via the online public service systems of the Ministry of Information and Communications and provincial-level Departments of Information and Communications.

If sent via the online public service systems, such reports must bear digital signatures in accordance with the law on e-transactions.

Article 59. Responsibilities of server leasing and server location leasing service providers, telecommunications providers and Internet service providers

1. To refuse, suspend or terminate the connection with G1, G2, G3 and G4 games for which the license/certificate/letter of confirmation/decision has not been issued under Clauses 2 and 3, Article 37 of this Decree.

2. To comply with competent agencies’ request to suspend or terminate the connection with G1, G2, G3 and G4 games for which the license/certificate/letter of confirmation/decision has not been issued under Clauses 2 and 3, Article 37 of this Decree, or under Clause 4, Article 47, and Clause 4, Article 53, of this Decree.

3. To coordinate with competent agencies in ensuring cyberinformation security and information security; and investigating and preventing violations of law in the provision and use of online game services.

4. To report to competent agencies on violations in the assurance of cyberinformation security and information security in order to promptly prevent violations of law in the provision and use of online game services.

5. To coordinate with online game service providers in taking measures to protect children and limit playing time for children and under-18 persons in accordance with the child protection law.

Article 60. Responsibilities of payment service providers and payment intermediary service providers

1. To refuse, suspend or terminate the connection with G1, G2, G3 and G4 games for which the license/ certificate/letter of confirmation/decision has not been issued under Clauses 2 and 3, Article 37 of this Decree.

2. To comply with competent agencies’ request to suspend or terminate the connection with G1, G2, G3 and G4 games for which the license/certificate/letter of confirmation/decision has not been issued under Clauses 2 and 3, Article 37 of this Decree, or under Clause 4, Article 47, and Clause 4, Article 53, of this Decree.

3. To coordinate with competent agencies in ensuring cyberinformation security and information security; and investigating and preventing violations of law in the provision and use of online game services.

Article 61. Information provision and reporting regime

1. Information provision:

a/ Every month, the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall post and update on its Portal the list of licensed service providers and G1, G2, G3 and G4 games; the list of games suspended from release; and the list of suspended, revoked or invalidated licenses/certificates/letters of confirmation/decisions;

b/ Every month, provincial-level Departments of Information and Communications shall post and update on their Portals the list of licensed service providers and G2, G3 and G4 games; the list of G2, G3 and G4 games suspended from release; and the list of suspended, revoked or invalidated certificates/letters of confirmation.

2. Reporting regime:

a/ Online game service providers shall send reports every 6 months (no later than June 6 and no later than November 25 every year), made according to Form No. 47 provided in the Appendix to this Decree, to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and the provincial-level Departments of Information and Communications of the localities where their head offices are located, and make unscheduled reports at the request of competent agencies.

Online game service providers shall hand-deliver or send by post reports to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information), and the provincial-level Departments of Information and Communications of the localities where their head offices are located, or send reports via the online public service systems of the Ministry of Information and Communications and the provincial-level Departments of Information and Communications.

If sent via the online public service systems, such reports must bear digital signatures in accordance with the law on e-transactions.

b/ Provincial-level Departments of Information and Communications shall send every 6 months (no later than June 8 and no later than November 27 every year) reports on the management, provision and use of online game services in the localities or send unscheduled reports, made according to Form No. 48 provided in the Appendix to this Decree, to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information).

Provincial-level Departments of Information and Communications shall hand-deliver or send by post reports to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or send reports via the online public service system of the Ministry of Information and Communications.

If sent via the online public service system, such reports must bear digital   signatures in accordance with the law on e-transactions.

Article 62. Conditions for operation of public video game service points

1. Organizations, enterprises and individuals may only set up public video game service points after obtaining a certificate of eligibility to operate public video game service points.

2. An organization, enterprise or individual shall be issued a certificate of eligibility to operate public video game service points when fully meeting the following conditions:

a/ Having registered the business line of operation of public video game service points;

b/ Putting up  the signboard “Public video game service point”, which must indicate the name, address, contact phone number and business registration certificate number. If a public video game service point is also an Internet agent, the signboard must also contain the words “Internet agent”. If a public video game service point is also a public Internet access point, the signboard must also contain the words “Public Internet access point”;

c/ Having equipment for and rules on fire prevention and fighting under fire and explosion prevention and fighting regulations of the Ministry of Public Security.

3. Provincial-level People’s Committees shall:

a/ Assign district-level People’s Committees to appraise dossiers, conduct field inspections and issue, modify and supplement, extend, re-issue or revoke certificates of eligibility to operate public video game service points in localities;

b/ Direct provincial-level Departments of Information and Communications to assume the prime responsibility for, and coordinate with district-level People’s Committees in, disseminating laws, managing, inspecting, examining, and handling violations committed by, public Internet access points and public video game service points in the localities; direct district-level People’s Committees to post on the latter’s websites the list of public video game service points issued with operation eligibility certificates and those having their operation eligibility certificates revoked in the localities; and the list of online games for which the decision /letter of confirmation has been issued and the list of online games for which the license/letter of confirmation has been revoked or which have been suspended from release; to inform owners of public video game service points in the localities of the list of online games for which the decision/letter of confirmation has been issued and the list of online games for which the license/letter of confirmation has been revoked or which have been suspended from release and send reports, made according to Form No. 49 provided in the Appendix to this Decree, no later than November 20 every year to the provincial-level Departments of Information and Communications for the latter to summarize and report to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) no later than November 25 every year.

Form of sending reports: by hand-deliver or by post to provincial-level Departments of Information and Communications or via the online public service systems of provincial-level Departments of Information and Communications.

If sent via the online public service systems, such reports must bear digital signatures in accordance with the law on e-transactions.

Article 63. Certificates of eligibility to operate public video game service points

1. A certificate of eligibility to operate public video game service points is valid for 3 years.

2. Certificate of eligibility to operate public video game service points shall be made according to Form No. 50 provided in the Appendix to this Decree.

Article 64. Order and procedures for issuance of certificates of eligibility to operate public video game service points

1. A dossier of application for a certificate of eligibility to operate public video game service points must comprise:

a/ An application for a certificate, made according to Form No. 51a or Form No. 51b provided in the Appendix to with this Decree;

b/ The people’s identity card/identity card/citizen identity card/passport of the owner of public video game service point, for owners being individuals; a copy of the people’s identity card/ identity card/citizen identity card/passport of an individual acting as the representative of the organization or enterprise directly managing the public video game service point, for owners being organizations or enterprises in case it is impossible to search information in the National Population Database;

c/ The organization, enterprise and individual shall hand-deliver or by post 1 dossier of application for a certificate of eligibility to operate public video game service points to the competent licensing agency or send it via the online public service system of the competent licensing agency.

If sent via the online public service system, the documents in the dossier must bear digital signatures in accordance with the law on e-transactions.

2. Time limit and procedures for dossier processing:

Within 15 days after receiving a dossier specified in Clause 1 of this Article, the competent licensing agency shall appraise the dossier, conduct field inspections and grant a certificate of eligibility to operate public video game service points. In case of refusal, it shall issue a written reply, clearly stating the reason.

Article 65. Modification and supplementation of certificates of eligibility to operate public video game service points

1. An organization, enterprise or individual that is the owner of a public video game service point shall carry out procedures for requesting modification and supplementation of its/his/her certificate of eligibility to operate public video game service points within 10 days after the occurrence of:

a/ A change of the name of the public video game service point;

b/ A change of the owner of the public video game service point, for owners being individuals, or a change of the person directly managing the public video game service point, for owners being organizations or enterprises.

2. The organization, enterprise or individual shall hand-deliver or send by post 1 dossier of request for modification and supplementation of a certificate of eligibility to operate public video game service points to the competent licensing agency or send it via the online public service system of the competent licensing agency.

If sent via the online public service system, documents in the dossier must bear digital signatures in accordance with the law on e-transactions.

A dossier of request for modification and supplementation of a certificate must comprise:

a/ A written request for modification and supplementation of a certificate, made according to Form No. 52a or Form No. 52b provided in the Appendix to this Decree;

b/ Documents relating to changed information (if any).

3. Within 5 working days, the competent licensing agency shall appraise the dossier and grant a modified/supplemented certificate of eligibility to operate public video game service points to replace the old certificate. In case of refusal, it shall issue a written reply, clearly stating the reason.

4. The validity period of a modified/supplemented certificate of eligibility to operate public video game service points equals the remaining validity period of the old certificate.

Article 66. Extension and re-issuance of certificates of eligibility to operate public video game service points

1. At least 30 days before the expiry date of its/his/her certificate, the organization, enterprise or individual that wishes to have such certificates extended shall carry out procedures for extension of the certificate.

A dossier of request for extension of the certificate must comprise:

a/ A written request for extension, made according to Form No. 53a or Form No. 53b provided in the Appendix to this Decree;

b/ The people’s identity card/identity card/citizen identity card/passport of the owner of the public video game service point, for owners being individuals; a copy of the people’s identity card/identity card/citizen identity card/passport of the individual acting as the organization’s or enterprise’s representative directly managing the public video game service point, for owners being organizations or enterprises in case it is impossible to search information in the National Population Database;

The organization, enterprise or individual shall hand-deliver or send by post 1 dossier of request for certificate extension to the competent licensing agency or send it via the online public service system of the competent licensing agency.

If sent via the online public service system, documents in the dossier must bear digital signatures in accordance with the law on e-transactions.

2. Within 5 working days, the competent licensing agency shall appraise the dossier and issue a decision to extend the certificate of eligibility to operate public video game service points, made according to Form No. 54 provided in Appendix to this Decree. In case of refusal, it shall issue a written reply, clearly stating
the reason.

3. A certificate of eligibility to operate public video game service points may be extended once for no more than 2 years. Within the validity period of the extended certificate, the organization, enterprise or individual may submit a dossier of application for a certificate in accordance with Articles 63 and 64 of this Decree.

4. Re-issuance of certificates of eligibility to operate public video game service points

a/ An organization, enterprise or individual whose certificate of eligibility to operate public video game service points is lost or unusably damaged shall request re-issuance of the certificate of eligibility to operate public video game service points, made according to Form No. 55a or Form No. 55b provided in the Appendix to this Decree.

b/ The organization, enterprise or individual shall hand-deliver or send by post 1 dossier of request for re-issuance of the certificate of eligibility to operate public video game service points to the competent licensing agency or send it via the online public service system of the competent licensing agency.

If sent via the online public service system, documents in the dossier must bear digital signatures in accordance with the law on e-transactions.

c/ Within 5 working days after receiving the request, the competent licensing agency shall consider and re-issue the certificate of eligibility to operate public video game service points, made according to Form No. 50 provided in Appendix to this Decree. In case of refusal, it shall issue a written reply, clearly stating the reason;

The re-issued certificate of eligibility to operate public video game service points has the main contents similar to those of the old certificate and the following information: date of first issuance of the certificate, date of issuance of the modified/supplemented certificate (if any), date of re-issuance, and number of re-issuances.

Article 67. Revocation of certificates of eligibility to operate public video game service points

1. The owner of a public video game service point will have its/his/her certificate of eligibility to operate public video game service points revoked in one of the following cases:

a/ It/he/she commits deceitful acts or provides false information in order to be issued the certificate;

b/ The certificate expires.

2. One year after having the certificate of eligibility to operate public video game service points revoked under Point a, Clause 1 of this Article, the owner of the public video game service point may apply for a new certificate if fully satisfying the law-specified conditions for issuance of certificates.

Article 68. Responsibilities of owners of public video game service points

The owner of a public video game service point has the following responsibilities:

1. To install an equipment system to provide video game service at the location written on the issued certificate of eligibility to operate public video game service points.

2. To provide Internet access services after signing an Internet agent contract with an Internet access service provider.

3. To request the Internet access service provider that signs the Internet agent contract to provide instructions and information about Internet access services and submit to the inspection and supervision by that service provider.

4. To attend Internet and video game training programs organized in localities by state management agencies.

5. To post up the rules on the use of video game services at easy-to-spot places, which must state the prohibited acts specified in Clause 1, Article 8 of the Law on Cyber Security, and Articles 7 and 69 of this Decree.

6. To post up the updated list of online games licensed by competent agencies for release at the service point together with information on player age-based classification of games (updated from the website of the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or of the provincial-level Department of Information and Communications.

7. Not to encourage or allow Internet users to use the features of computers at its/his/her service point to commit the prohibited acts specified in Article 8 of the Law on Cyber Security.

8. Not to operate between 22:00 and 8:00.

9. To comply with the regulations on information security assurance.

10. To submit to the inspection, supervision and violation handling by competent agencies.

Article 69. Rights and obligations of players

A player has the following rights and obligations:

1. To play video games for which the G1 game release decision or letter of confirmation of notification of the release of G2, G3 and G4 games has been issued.

2. To exercise the rights and perform the obligations of Internet users specified in Article 7 of this Decree.

3. To have his/her rights guaranteed by video game service providers in accordance with the rules of video games and the rules on settlement of complaints and disputes that are posted on websites of service providers.

4. To select video games appropriate to his/her age.

5. Not to abuse video games to commit illegal acts.

6. To register player information under Clause 1, Article 56 of this Decree, ensuring that registered information is accurate.

7. To comply with regulations on playing time management and regulations on opening hours of public video game service points.

Chapter IV

PROVISION OF INFORMATION CONTENT SERVICES ON MOBILE TELECOMMUNICATIONS NETWORKS

Article 70. Provision of information content services on mobile telecommunications networks

1. Provision of information content services on a mobile telecommunications network means the establishment of an equipment system in Vietnam by an organization or enterprise to connect to the mobile telecommunications network to provide information contents to mobile telecommunications service users in association with messaging services, voice services (premium call services, toll-free call services, enquiry services) and Internet access services on mobile telecommunications networks.

Registration for connection to provide information content services on mobile telecommunications networks means declaration by an organization or enterprise of information about itself, type of information content services to be provided, methods of service provision and its satisfaction of conditions for provision of information content service on mobile telecommunications networks to competent agencies.

2. Providers of information content services on mobile telecommunications networks that make payments under Clause 3, Article 61 of the Law on Telecommunications shall obtain certificates of registration for connection to provide information content services on mobile telecommunications networks and comply with this Decree regarding the provision of specialized information content services.

For toll-free call services and premium call services, it is not required to carry out procedures for registration for connection to provide information content services on mobile telecommunications networks.

For information content services provided to mobile telecommunications service users in association with Internet access services on mobile telecommunications networks, organizations and enterprises shall obtain licenses, certificates or specialized certifications issued by the Ministry of Information and Communications or provincial-level Departments of Information and Communications.

3. Conditions for an entity to be granted a certificate of registration for connection to provide information content services on mobile telecommunications networks:

a/ Being an organization or enterprise established under Vietnam’s law with its functions, tasks or registered business line of providing information content services on mobile telecommunications networks published on the National Business Registration Portal;

b/ Having information contents in compliance with Clause 43, Article 3, and Clause 2 of this Article; having a service provision plan and a commitment to fulfilling all responsibilities of providers of information content services on mobile telecommunications network specified in Article 74 of this Decree.

Article 71. Process and procedures for grant of certificates of registration for connection to provide information content services on mobile telecommunications networks

1. A dossier of application for a certificate of registration for connection to provide information content services on mobile telecommunications networks must comprise:

a/ An application for registration for connection to provide information content services on mobile telecommunications networks, made according to Form No. 56 provided in the Appendix to this Decree;

b/ A valid copy (a copy issued from the master register, a certified copy or a copy with the original for collation) of one of the following documents: the enterprise registration certificate, investment registration certificate, establishment decision (or a valid copy of another certificate or license of equivalent validity granted before the effective date of Law No. 67/2014/QH13 on Investment and Law No. 59/2020/QH14 on Enterprises); or the decision on functions and tasks or operation charter (for associations and mass organizations) with its functions, tasks or registered business line of providing information content services on mobile telecommunications networks;

c/ A report on the connection to provide information content services on mobile telecommunications networks, made according to Form No. 61 provided in the Appendix to this Decree, for grant of a new certificate of registration for connection to replace the expired certificate specified in Clause 3 of this Article or the invalidated certificate specified in Clause 4 of this Article.

2. Time limit and procedures for processing a dossier of application for a certificate of registration for connection to provide information content services on mobile telecommunications networks:

a/ An organization or enterprise shall submit 1 set of dossier of registration for connection to provide information content services on mobile telecommunications networks by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Telecommunications) or via the Ministry of Information and Communications’ online public service system, and take responsibility for the truthfulness and accuracy of the dossier. In case of dossier submission via the online public service system, the dossier must bear a digital signature in accordance with the e-transaction law;

b/ Within 20 days after receiving a valid dossier, the Ministry of Information and Communications (the Authority of Telecommunications) shall consider and grant a certificate of registration for connection to provide information content services on mobile telecommunications networks to the organization or enterprise, made according to Form No. 57 provided in the Appendix to this Decree. In case of refusal, within 5 working days, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a written reply, stating the reason and relevant regulations.

3. The validity duration of a certificate of registration for connection to provide information content services on mobile telecommunications networks depends on the request of the organization or enterprise, but must not exceed 5 (five) years.

4. A certificate of registration for connection to provide information content services on mobile telecommunications networks is no longer valid in the following cases:

a/ The organization or enterprise is dissolved or goes bankrupt;

b/ The organization or enterprise has its certificate revoked under Clause 2, Article 73 of this Decree.

Article 72. Modification, extension, and re-issuance of certificates of registration for connection to provide information content services on mobile telecommunications networks

1. An organization or enterprise shall carry out procedures for requesting modification of its granted certificate when one of the following contents changes:

a/ Its name;

b/ Its head office address;

c/ Its legal representative.

d/ Name of information content services (new service, suspension of service provision, change of service name);

dd/ Telecommunications code, number used to provide services;

e/ Methods of registration and provision of services.

The modified certificate is valid until the expiration of the original certificate.

2. A dossier of request for modification of a certificate must comprise:

a/ A written request for modification of a certificate, made according to Form No. 58 provided in the Appendix to this Decree;

b/ Relevant supporting documents on contents requested to be modified (if any).

3. Time limit and procedures for processing a dossier of request for modification of a certificate:

a/ An organization or enterprise shall submit 1 dossier of request for modification of a certificate by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Telecommunications) or via the Ministry of Information and Communications’ online public service system. In case of dossier submission via the online public service system, the dossier must bear a digital signature in accordance with the e-transaction law;

b/ Within 5 working days after receiving a valid dossier, the Ministry of Information and Communications (the Authority of Telecommunications) shall appraise and grant a modified certificate, made according to Form No. 57 provided in the Appendix to this Decree after updating the modified contents. In case of refusal to grant a modified certificate, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a written reply, stating the reason.

4. Extension of a certificate of registration for connection:

a/ At least 30 days before its certificate of registration for connection expires, an organization or enterprise wishing to have the certificate extended shall submit a dossier of request for extension of the certificate, made according to Form No. 59 provided in the Appendix to this Decree, by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Telecommunications) or via the Ministry of Information and Communications’ online public service system.

In case of dossier submission via the online public service system, the dossier must bear a digital signature in accordance with the e-transaction law;

b/ Within 5 working days after receiving a valid dossier, the Ministry of Information and Communications (the Authority of Telecommunications) shall appraise and grant an extended certificate of registration for connection to provide information content services on mobile telecommunications networks, made according to Form No. 57 provided in the Appendix to this Decree. In case of refusal to grant an extended certificate, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a written reply, stating the reason;

c/ A certificate may be extended only once for up to 2 years from the expiration date of the certificate requested to be extended.

5. Re-issuance of a certificate:

a/ An organization or enterprise whose certificate is lost or unusably damaged shall make a written request for re-issuance of the certificate according to Form No. 60 provided in the Appendix to this Decree;

b/ The organization or enterprise shall submit 1 dossier of request for re-issuance of the certificate by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Telecommunications) or via the Ministry of Information and Communications’ online public service system.

In case of dossier submission via the online public service system, the dossier must bear a digital signature in accordance with the e-transaction law;

c/ Within 5 working days after receiving a valid dossier, the Ministry of Information and Communications (the Authority of Telecommunications) shall consider and re-issue the certificate, made according to Form No. 57 provided in the Appendix to this Decree. In case of refusal to re-issue the certificate, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a written reply, stating the reason;

d/ A re-issued certificate must have the main contents of the original certificate and include the following information: date of issuance of the original certificate, date of modification (if any), date of re-issuance, number of times of re-issuance.

6. The modification, extension and re-issuance of certificates must satisfy the conditions specified in Clause 3, Article 70 of this Decree.

Article 73. Order and procedures for suspension of operation and revocation of certificates of registration for connection to provide information content services on mobile telecommunications networks

1. An agency competent to grant a certificate specified in this Decree shall issue a decision to suspend the connection to provide information content services on mobile telecommunications networks for a period of 3 months when the certificate-holding organization or enterprise:

a/ Violates Article 9 of the Law on Telecommunications, Article 8 of the Law on Cyber Security as determined by a competent agency;

b/ Fails to comply with Article 74 of this Decree after being requested in writing by a competent agency to remedy its violation.

2. The Ministry of Information and Communications (the Authority of Telecommunications) shall issue a decision to revoke a certificate of registration for connection to provide information content services on mobile telecommunications networks in the following cases:

a/ Upon the expiration of the suspension period, the organization or enterprise still fails to report to the managing agency and has no feasible plan to remedy its violation;

b/ There is a notice of termination of operation or return of the certificate;

c/ The organization or enterprise fails to carry out the provision of services within 12 months after the certificate takes effect.

3. Order and procedures for suspension of connection to provide information content services on mobile telecommunications networks and revocation of the certificate of registration for connection to provide information content services on mobile telecommunications networks:

a/ When a competent agency detects and notifies an organization’s or enterprise’s violation of Point a or b, Clause 1 of this Article, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a decision to suspend connection to provide information content services on mobile telecommunications networks for 3 months;

b/ When a competent agency detects and notifies an organization’s or enterprise’s violation of Point c, Clause 1 of this Article, the Ministry of Information and Communications (the Authority of Telecommunications) shall send a written request to the organization or enterprise for remediation of its violation. After 15 days past the time limit notified in the request, if the organization or enterprise fails to remedy its violation, the agency competent to grant the certificate shall issue a decision to suspend the certificate of registration for connection to provide information content services on mobile telecommunications networks for 3 months;

c/ Upon detecting or receiving information on an organization’s or enterprise’s violation of Article 8 of the Law on Cyber ​​Security, the Ministry of Information and Communications (the Authority of Telecommunications) shall forward the related contents to a competent agency for consideration, verification and giving of comments as a basis for the implementation of Points a and b, Clause 3 of this Article;

d/ When an organization or enterprise falls into one of the cases specified in Clause 2 of this Article, the Ministry of Information and Communications (the Authority of Telecommunications) shall issue a decision to revoke the certificate of registration for connection to provide information content services on mobile telecommunications networks.

Article 74. Responsibilities of providers of information content services on mobile telecommunications networks

Providers of information content services on mobile telecommunications networks specified in Clause 2, Article 70 of this Decree have the following responsibilities:

1. To install equipment systems, and hire telecommunications transmission lines to connect to mobile telecommunications enterprises; to provide services periodically (daily, weekly, monthly, quarterly, yearly) or non-periodically.

2. To have at least one server system in Vietnam serving the inspection, examination, storage and provision of information at the request of the Ministry of Information and Communications, Ministry of Public Security and competent agencies, and settlement of users’ complaints about the service provision under regulations.

3. To comply with regulations on management, use and exploitation of telecommunications numbers and Internet resources under the master plan and regulations on telecommunications resource management.

4. To provide information contents to service users in accordance with law; to submit to the management by competent state agencies regarding of the contents they provide; to take responsibility before law for the information contents they provide and satisfy law-specified conditions for provision of information content services on mobile telecommunications networks when providing services.

5. To publicize agreements on provision and use of information content services on mobile telecommunications networks and guidance on settlement of complaints to users before providing services in accordance with relevant regulations.

6. To provide services with quality and at charges as notified to service users.

7. To provide services expected to be provided periodically (daily, weekly, monthly, quarterly, yearly) only with the consent of service users and after service users receive notices of successful service registration.

Methods of certification and notification: Via short message service (SMS) or other methods decided by the Ministry of Information and Communications in accordance with law.

A notice of successful service registration sent to a service user must contain the following information: successfully registered subscriber [name of registered service]; telecommunications code and number for service provision; billing cycles and charge rates; cancellation instructions; hotlines for support and counseling for service users. 

8. To ensure that users may refuse services; cancel services; look up the history of subscription transactions within 180 days from the registration date; and query free of charge registered information services by using appropriate methods (sending text messages to service numbers, making calls to support hotlines, accessing websites of enterprises, and other methods). In case a subscriber requests service cancellation, service providers shall immediately send a text message notifying processing results. 

9. To provide services according to users’ registered requests; to refrain from collecting service charges for information content services that users have not received, or for information contents that are insufficient or incomplete according to registered requests.

10. To ensure that service advertisements contain the following information: names of services, registration methods, billing cycles and charge rates, refusal methods, and hotlines for support and counseling for service users. Advertising through text messages, emails and calls must comply with the law on prevention of spam messages, spam emails and spam calls.

11. To store provided information contents for at least 12 months; to store data on the processing of requests for registration, discontinuation of service provision, subscription details, complaints of users, and results of the settlement of complaints from the date of receipt and processing to serve inspection and examination under regulations for at least 24 months.

12. To set up hotlines for support and counseling for service users.

13. To implement regulations on assurance of information safety and security; to submit to competent agencies’ control in accordance with law.

14. To take measures to protect lawful rights and interests of service users in accordance with law.

15. To make regular and irregular reports and statistics under Article 77 of this Decree; to submit to inspection and examination by the Ministry of Information and Communications and other competent agencies.

Article 75. Responsibilities of mobile telecommunications enterprises

When cooperating with providers of information content services on mobile telecommunications networks specified in Clause 2, Article 70 of this Decree, mobile telecommunications enterprises have the following responsibilities:

1. To cooperate with providers of information content services on mobile telecommunications networks on the following principles:

a/ Negotiation on the basis of assuring equality, reasonability and the rights and interests of all parties;

b/ Efficient use of telecommunications resources and infrastructure;

c/ Safe and uniform operation of telecommunications networks;

d/ Assurance of lawful rights and interests of telecommunications service users and related organizations and individuals; assurance users’ information confidentiality in accordance with law;

dd/ Provision of connection for providers of information content services on mobile telecommunications networks regarding technical issues on telecommunications networks. The connection must be prompt, reasonable, public and transparent;

e/ Non-discrimination in terms of connection, charge rates, payment, standards and technical regulations, quality of telecommunications networks and services.

2. To control the process and system of service provision of providers of information content services on mobile telecommunications networks, ensuring that registration, authentication, refusal, renewal and cancellation of services, charge collection and notification to service users comply with relevant regulations.

3. To ensure that connection is made only to provide services for content services that comply with relevant regulations.

4. To suspend or disconnect with providers of information content services on mobile telecommunications networks in the following cases:

a/ Mobile telecommunications enterprises detect or have authenticated information on contents and services that violate Article 8 of the Law on Cyber ​​Security;

b/ Upon written requests, requests sent by phone or via electronic means, of the Ministry of Information and Communications (the Authority of Telecommunications), the Ministry of Public Security (the Authority of Cyber ​​Security and Hi-Tech Crime Prevention). The time limit for implementation is 24 hours from the time of request;

c/ There are decisions to suspend connection to provide information services on mobile telecommunications networks, decisions to revoke certificates of registration for connection in accordance with this Decree, or decisions to revoke or notices of approval for return of telecommunications codes and numbers in accordance with the telecommunications law;

d/ Providers of information content services on mobile telecommunications networks have no certificates or their certificates have expired.

5. Mobile telecommunications enterprises shall agree on the use of telecommunications codes and numbers in conformity with master plans on the telecommunications number storage for service users to query information content services currently in use. Information contents provided to users must include service names, telecommunications codes and numbers, billing cycles, charge rates, and service cancellation instructions.

6. To send notices to subscribers on the 25^th of every month to inform users of content services currently in use (including service names, registered service packages, and service charge rates) via SMS or by other methods decided by the Ministry of Information and Communications.

7. To coordinate with providers of information content services on mobile telecommunications networks in settling users’ complaints or disputes over charge rates and service quality under Article 76 of this Decree.

8. To make regular and irregular reports and statistics specified in Article 77 of this Decree; to submit to inspection and examination by the Ministry of Information and Communications and other competent agencies.

Article 76. Settlement of complaints about provision of information content services on mobile telecommunications networks

1. Mobile telecommunications enterprises and providers of information content services on mobile telecommunications networks shall carry out procedures for receiving and settling complaints in accordance with the consumer protection law and relevant laws.

2. In case of detecting that the collection of charges for use of content services is contrary to regulations, content service providers and telecommunications enterprises shall refund improperly collected charge amounts to service users within 30 days after complaint settlement results are obtained.

Article 77. Reporting regime

1. Providers of information content services on mobile telecommunications networks shall make regular reports before November 25 every year according to Form No. 61 provided in the Appendix to this Decree or irregular reports upon written request, requests sent by phone or via electronic means, of the Ministry of Information and Communications (the Authority of Telecommunications) and provincial-level Departments of Information and Communications.

Reports shall be sent by hand-delivery or by post, via electronic means or the online public service system to the Ministry of Information and Communications (the Authority of Telecommunications) and the provincial-level Departments of Information and Communications of localities where enterprises have their head offices registered.

2. Organizations and mobile telecommunications enterprises shall make regular reports once a year and irregular reports upon requests of competent agencies.

Organizations and mobile telecommunications enterprises shall make regular reports before November 25 every year according to Form No. 62 provided in the Appendix to this Decree or irregular reports upon written requests, requests sent by phone or via electronic means, of the Ministry of Information and Communications (the Authority of Telecommunications) and provincial-level Departments of Information and Communications.

Organizations and enterprises shall send reports by hand-delivery or by post to the Ministry of Information and Communications (the Authority of Telecommunications) and provincial-level Departments of Information and Communications of localities where they have their head offices registered or submit them via the online public service system of the Ministry of Information and Communications and provincial-level Departments of Information and Communications.

In case of report submission via the online public service system, a report must bear a digital signature in accordance with the e-transaction law.

Article 78. Rights and obligations of users of information content services on mobile telecommunications networks

Users of information content services on mobile telecommunications networks have the following rights and obligations:

1. To use information content services on mobile telecommunications networks, except services banned by law.

2. To comply with the regulations on use of information content services on mobile telecommunications networks and telecommunications services.

3. To check and take responsibility for their decision to use services.

4. To lodge complaints or denunciations if the quality and contents of provided services are not consistent with services announced or agreed upon by service providers.

Chapter V

SUPERVISION OF INFORMATION AND PREVENTION AND REMOVAL OF ILLEGAL CYBER INFORMATION

Article 79. Supervision of cyber information

1. The Ministry of Information and Communications and Ministry of Public Security shall deploy technical systems to serve supervision and collection of cyber information nationwide.

2. Telecommunications enterprises providing Internet services and Internet service providers shall:

a/ Take measures to supervise, collect and detect illegal cyber information on their technical infrastructure facilities and applications under the guidance and upon requests of the Ministry of Information and Communications and Ministry of Public Security (in accordance with the Law on Intellectual Property and relevant regulations, for copyright and intellectual property infringements);

b/ Provide information and data related to telecommunications and Internet subscribers with signs of law violations online in order to ensure the accurate lookup and identification of service users as requested by the Ministry of Information and Communications (the Authority of Information Security) or the Ministry of Public Security of (the Department of Cyber Security and Hi-Tech Crime Prevention).

Article 80. Prevention and removal illegal cyber information

1. Ministries, sectors and local administrations shall, within the ambit of their functions, tasks and powers, carry out, or coordinate with one another in carrying out the prevention and processing of illegal cyber information related to fields and areas under their management. In cases of necessity, they shall promptly send illegal cyber information related to fields and areas under their management to the Ministry of Information and Communications of (the Authority of Broadcasting and Electronic Information) and the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention) for processing.

2. The Ministry of Information and Communications (the Authority of Information Safety) and the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention) shall act as focal points in directing and supervising telecommunications enterprises and providers of Internet services, hosting services, data center services, and other enterprises in the prevention and removal of illegal cyber information.

3. The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) and the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention) shall act as focal points in directing telecommunications and Internet enterprises to refuse to provide or suspend the provision of telecommunications services, Internet services, and other services for service users to post illegal cyber information.

4. Telecommunications enterprises, Internet service, hosting service, data center service and telecommunications application service providers shall:

a/ Prevent and remove illegal online contents, services and applications within 24 hours after receiving requests in writing or by phone or email from the Ministry of Information and Communications (the Authority of Information Security) or the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention);

b/ Refuse or suspend the provision of telecommunications services, Internet services and other services for service users to post illegal cyber information as requested by the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) or the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention);

c/ Telecommunications enterprises and Internet service providers shall connect and receive requests for regulation and report on results via technical systems and take other measures as requested by the Ministry of Information and Communications (the Authority of Information Security) or the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention).

5. Internet service providers shall:

a/ Adopt solutions on network access equipment provided by them to users to protect users from accessing illegal information sources, preventing unsafe cyber information; connect and share information and data with the technical systems of the Ministry of Information and Communications (the Authority of Information Security) and the Ministry of Public Security (the Department of Cyber Security and Hi-Tech Crime Prevention);

b/ The Ministry of Information and Communications shall guide and coordinate enterprises in adopting solutions specified at Point a, Clause 5 of this Article.

Article 81. Responsibilities of enterprises when entering into contracts on provision and use of Internet services with domestic and foreign organizations and individuals

Internet service providers and domain name registration and maintenance service providers shall specify in contracts on provision and use of Internet services or domain name registration and maintenance services that domestic and overseas organizations and individuals entering into such contracts shall:

1. Refrain from providing, posting, storing and transmitting illegal information when they use Internet services.

2. Prevent and remove illegal contents when so requested by competent state agencies in accordance with law.

Chapter VI

TRANSITIONAL AND IMPLEMENTATION PROVISIONS

Article 82. Transitional provisions

1. Licenses for news aggregator websites granted under the Government’s Decree No. 72/2013/ND-CP of July 15, 2013, on the management, provision and use of Internet services and online information (below referred to as Decree No. 72/2013/ND-CP) and the Government’s Decree No. 27/2018/ND-CP of March 1, 2018, amending and supplementing a number of articles of the Government’s Decree No. 72/2013/ND-CP (below referred to as Decree No. 27/2018/ND-CP), remain valid until their expiry dates.

Within 90 days from the effective date of this Decree, agencies, organizations and enterprises that have been granted licenses for news aggregator websites, and have entered into association with press agencies under Point c, Clause 5, Article 24 of this Decree shall submit dossiers of request for re-grant of licenses to establish news aggregator websites under Clause 1, Article 28 and Clause 1, Article 29 of this Decree.

2. Licenses for provision of social network services granted under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP remain valid until their expiry dates.

Within 90 days from the effective date of this Decree, agencies, organizations and enterprises that have been granted licenses to provide social network services shall review and report to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) on the total number of visits from Vietnam per month (statistical data for 6 consecutive months) and the number of regular users per month on the social networks they manage.

3. Licenses for provision of G1 online game services, certificates to provide G2, G3, G4 online game services granted under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP remain valid until their expiry dates.

4. Issued decisions approving contents and scripts of G1online games expire upon the expiration of licenses to provide G1 online game services granted to enterprises under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP.

5. Within 90 days from the effective date of this Decree, enterprises that have obtained decisions approving online game contents and scripts under Decree No. 72/
2013/ND-CP and Decree No. 27/2018/ND-CP shall review, make statistics and report to the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) on the games being released (list and number of licensed games with information about the games including: game name, game classification by age, game origin, scope, service provision method; list and number of games that are no longer released).

6. Within 90 days from the effective date of this Decree, enterprises that have been granted decisions approving online game contents and screnarios under Joint Circular No. 60/2006/TTLT-BVHTT-BBCVT-BCA of June 1, 2006, of the Ministry of Culture and Information, Ministry of Post and Telematics, and Ministry of Public Security, on the management of online games, shall review and make statistics on games currently being released and carry out procedures to request for issuance of decisions to release G1 online games under Articles 43 and 44 of this Decree.

The Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) shall appraise and re-issue decisions for G1 online games that meet the specified conditions or issue notices of suspension of release for G1 online games that fail to meet the conditions specified in Article 43 of this Decree.

Within 90 days after receiving a notice of suspension of release from the Ministry of Information and Communications (the Authority of Broadcasting and Electronic Information) enterprises shall stop releasing games.

7. Issued certificates of notification of provision of G2, G3, G4 online game services expire upon the expiration of certificates of provision of G2, G3, G4 online game services granted to enterprises under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP.

8. Within 90 days from the effective date of this Decree, enterprises that have been granted certificates of provision of G2, G3, G4 online game services under Decree No. 72/2013/ND-CP and Decree No. 27/2018/ND-CP, shall review, make statistics and reports to provincial-level Departments of Information and Communications of the localities where they have registered their head offices on the games being released (list and number of licensed games with information about the games including: game name, game classification by age, game origin, type of game provided (G2, G3, G4), scope, method of service provision); list and number of games that are no longer released.

9. Registration certificates of provision of information content services on mobile telecommunications networks expire after 90 days from the effective date of this Decree. In order to continue providing services specified in Clause 2, Article 70 of this Decree, organizations and enterprises that have been granted registration certificates of provision of information content services on mobile telecommunications networks shall carry out procedures for issuing certificates of registration for connection to provide information content services on mobile telecommunications networks specified in Article 71 of this Decree.

10. Within 90 days from the effective date of this Decree, foreign organizations, enterprises and individuals engaged in the cross-border provision of information to Vietnam and domestic social network service providers shall authenticate active accounts of social network service users under Point e, Clause 3, Article 23 and Point b, Clause 3, Article 27 of this Decree.

11. After 90 days from the effective date of this Decree, agencies, organizations, enterprises and individuals that fail to comply with Clauses 1, 2, 5, 6, 8 and 10 of this Article shall be handled in accordance with law.

12. For valid dossiers of agencies, organizations, enterprises and individuals that have been submitted to competent agencies to request the grant of licenses/certificates/decisions/letters of confirmation but is not yet granted such licenses/certificates/decisions/letters of confirmation by the effective date of this Decree, they shall comply with the Government’s Decree No. 72/2013/ND-CP of July 15, 2013, Decree No. 27/2018/ND-CP of March 1, 2018, and Article 2 of Decree No. 150/2018/ND-CP of November 7, 2018, except where the parties choose to apply this Decree.

Article 83. Effect

1. This Decree takes effect on December 25, 2024.

2. To annul the following regulations:

a/ The Government’s Decree No. 72/2013/ND-CP of July 15, 2013, on the management, provision and use of Internet services and cyberinformation;

b/ The Government’s Decree No. 27/2018/ND-CP of March 1, 2018, amending and supplementing a number of articles of the Government’s Decree No. 72/2013/ND-CP of July 15, 2013 of the Government on management, provision and use of Internet services and cyberinformation;

c/ Article 2 of the Government’s Decree No. 150/2018/ND-CP of November 7, 2018, amending a number of Decrees related to investment and business conditions and administrative procedures in the field of information and communications.

Article 84. Organization of implementation

1. The Minister of Information and Communications shall guide and inspect the implementation of this Decree.

2. The Minister of Information and Communications shall promulgate a circular detailing Article 9, Clause 2 of Article 11, and Articles 12, 13, 14, 15, 16, 17 and 19 of this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees at all levels shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
HO DUC PHOC

* The Appendix to this Decree is not translated.