A long-awaited draft decree amending Decree 72 on Internet Services ("Draft Decree") has just been unfolded with substantial changes. There is no indication as to whether the Draft Decree will undergo another round of public consultation as it is at the stage of legal assessment by the Ministry of Justice.
Among other important changes, below is an epitome of the notable changes in comparison with the first version (which was released for public consultation back in summer 2021):
- Cross-border information providers' obligation of data localization and local office establishment in the previous version has been removed.
- Cross-border information providers having a number of Unique Visitors (UV, monitored by the Ministry of Information and Communication or the "MIC") exceeds 100,000 per month are obliged to notify the MIC as to the contact point information within 60 days from the day reaching 100,000 UV.
- Cross-border information providers must address users' complaints within 48 hours from the receipt of the complaint.
- Cross-border information providers must report annually and on an ad-hoc basis to the MIC on, among other information concerning their handling of users' complaints, data privacy issues (e.g., types of personal data collected from Vietnamese users and relevant data privacy process).
The new version proposes new conceptual terms and relevant regulatory requirements, including:
- "Online Platform" is defined as "information systems that use websites or online applications to provide network users with necessary infrastructure for technology and services to connect, interact, share information, participate in trade with each other".
- "Multi-services Online Platform" is a platform that provides and integrates many services on the same website or application. A multi-service online platform when providing integrated social networks and other specialized services must have a license for the provision of such specialized services in accordance with the regulated business line.
- "Community group" is a collection of many social network accounts according to the scope and purpose of activities set out by the subject who set up the group, in order to exchange and share information in the group.
A long awaited draft decree amending Decree 72 on Internet Services ("Draft Decree") has just been unfolded with substantial changes. There is no indication as to whether the Draft Decree will undergo another round of public consultation as it is at the stage of legal assessment by the Ministry of Justice.