Legal Update on Decree 147

On November 9, 2024, the Government of Vietnam issued Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (“Decree 147”). Decree 147 took effect on 25 December 2024.  Decree 147 provides for internet services, domain names, cross-border information provision, social network services, aggregated information websites, online game services, app store services, information content services on mobile telecom networks, responsibilities of telecom, internet, web hosting, data center, and telecom application service providers. The followings are salient futures of Decee 147. 

1. Provision of cross-border information  Offshore service providers including social network service providers and offshore app store service providers that provide cross-border services and either lease data storage in Vietnam or meet a threshold of 100,000 or more total visits per month from Vietnam for six consecutive months must comply with strict requirements than other providers. Their obligations include: 

• To notify the authority of their contact information; 

• To monitor and remove illegal content; 

• To store and manage user data as required. 

• To authenticate social network user accounts using Vietnamese mobile number or ID number. 

• To report to the authority annually as well as on an ad hoc basis. 

• Handling user complaints. 

Only cross-border providers that have notified the authority of their contact details according to a stipulated form are permitted to offer livestream and revenue-generating services. Non-compliance will result in blocks and penalties.  Additionally, telecom, internet, web hosting, data center, and telecom application service providers are subject to certain reporting and content control requirements to serve the purpose of state management.  

2. Social Networks  Decree 147 sets out for offshore and onshore social network services. Only the regulated cross-border providers mentioned above (those meeting the threshold of 100,000 total visits per month for six consecutive months) are required to notify the authority of their contact information according to a stipulated form. Also, onshore social network service providers having the threshold of 10,000 total visits per month for six consecutive months or 1,000 regular users per month must obtain a social network license to provide social network services. Other onshore providers with low traffic must obtain a notification certificate from the authority to provide social network services. Further, Decree 147 now regulates livestream activities by providing for the conditions for  social network service providers to provide livestream functions; and  social network accounts to conduct livestreams.  

3. Online Games  Foreign organizations and individuals can only provide online games to service users in Vietnam if they have a local enterprise in Vietnam. Accordingly, the provision of online games on a cross-border basis is strictly prohibited.