A new draft decree amending Decree No. 72/2013/ND-CP on management, provision and use of Internet services and online information (as later on amended and supplemented by Decree No. 27/2018/ND-CP – collectively referred to as “Decree 72”) has just been published by the Vietnam Ministry of Information of Communications ("MIC") for public consultation. Perhaps this is the last opportunity for stakeholders to be able to send their comments and feedbacks to the MIC. 

The MIC offers a two-month period for public consultation. Deadline for submitting comments on the Draft Decree as provided on the MIC’s official website is September 05, 2021.

Decree 72 has been the main legislation that regulates services on the Internet, particularly social network service and online game service

Decree 72 and its implementing Circular 38 also set out a content takedown mechanism under the authority of the MIC.

From a very quick review, notable new regulations under the Draft Decree include:

  • New set of obligations specifically for offshore social network services;
  • Broader scopes of illegal content under Article 5.1 that are subject to content takedown mechanism;
  • New regulations on provision of data center service and cloud service;
  • New regulations on livestreaming services; and
  • New obligations for social network providers regarding children protection (e.g., age verification, content filter and takedown).

The clock is clicking as the deadline for the MIC to receive public consultation is just a few months away from today. Tech companies including offshore social media service providers, online game services, data center and could services, etc. should take this opportunity to voice over their comments and feedbacks to the MIC before the Draft Decree is enacted and becoming binding.