EN
©2001-2025 Atumi & Sakai
November 25, 2024
The Government has recently given its final green light to the new Decree to tighten management, provision and use of internet services and cyber information (i.e., entities running websites, social networks, applications and other search tools, etc. to provide information and information services to users in Vietnam (No. 147/2024/ND-CP dated 9 November 2024 - "Decree 147"), which will come into effect from 25 December 2024 and replace entire Decree 72/2013/ND-CP, 27/2018/ND-CP and a part of 150/2018/NĐ-CP.
Significant provisions that are introduced under Decree 147 include:
1. State managements of foreign entities running websites, social networks, applications and other search tools, etc. to provide cross-border services to users in Vietnam.
Under Decree 147, foreign suppliers must notify the Ministry of Information and Communications of Vietnam (MIC) 60 days after regular total visits to their websites, etc. from Vietnam reach 100 thousand or more per month, calculated as the average number of visits in a six consecutive-month period. Currently, 1 million total visit from Vietnam per month shall trigger their notification obligation.
In addition, foreign suppliers must notify MIC before they enable users in Vietnam to use livestream features or activate any fee-based activities in Vietnam.
In addition, foreign suppliers shall be additionally required to, among others:
i. reach agreements mainly to pay Vietnamese media when re-posting/citing information from their media.
ii. only allow (Vietnamese) users whose ID card or mobile numbers have been verified to make posts, comments, livestream or sharing via social networks.
iii. annually report their operations to MIC before 25 November.
iv. require game companies to provide all gaming licenses and approvals required by Vietnamese laws when uploading to app stores of foreign suppliers.
v. enhance their management and removal of illegal content (information, services and applications) within 24 hours of official notification by MIC.
2. Online games:
i. Decree 147 makes no change to (a) the prohibition on cross-border supply of online games to gamers in Vietnam. Foreign suppliers must set up their companies in Vietnam to engage in game services in Vietnam, and (b) prohibition on trading of virtual items, virtual currency, and reward points among gamers.
ii. Decree 147 tightens the regulations to manage junior gamers. Accordingly, gamers under 16 (14 under current regulations) shall not be allowed to register gaming accounts, but their parents or guardians shall manage account registration, time and content of games appropriate for these gamers.
iii. Game distributors must have a technical system to track and ensure limitation of game time of gamers under 18, i.e., the maximum game time is 60 minutes per game, and 180 minutes for all games by one distributor. Currently, gamers under 18 have a limit of 180 minutes per day for all G1 games.