This is a revision and supplement to Decree No. 72/2013 / ND-CP (“Decree 72”) related to social networks, electronic information, and electronic games issued in 2013. Decree 27 covers social network sites, information websites, and online game service providers.
License legislation
Traditional licensing procedures and requirements will be amended and integrated into Decree 27.
The schedule for certain licensing procedures for information websites, social networks, and online games has been reduced.
Many business terms have been modified or removed for online game service providers.
New laws and regulations for websites and SNS
Local server
Social networks and websites have at least one server in Vietnam and require Vietnamese authorities to investigate and validate the stored information as needed.
Retained data
For websites, the content must be stored for at least 90 days from the date of publication. In addition, logs should be retained for at least two years from the date the content is published.
For social networks, retained data includes account information, user login and logout details, user IP addresses, and public data logs.
User authentication
Both social networks and websites need a system that can store your personal information. Users can also authenticate themselves via SMS or email when they change their personal information.
Your personal information must include identification details such as your name, date of birth, phone number, email address, passport number, ID card, and citizen ID card.
If the user is under the age of 14 and does not have an ID card, the user's legal guardian will be liable.
Content Management
Social networks and information websites need a system to notify you when illegal content is posted. If illegal content is posted, you must remove it within 3 hours when you receive a removal request from the Vietnamese authorities.
Information published on websites must be source-authenticated and content validated before and after publication.
New legislation for online games
Decree 27 requires online game providers to develop a mechanism for storing and updating user personal information for games such as multiplayer online role-playing games.
We also require users under the age of 18 to have a mechanism in place to manage their play time so that it does not exceed 180 minutes per day.
License expiration or suspension
Vietnamese government authorities may suspend licenses for websites, social networks and online game providers in the following cases:
License suspension requirements
Prohibitions under Article 5.1 (d), (dd) or (e) of Decree 72
Licenses that do not comply with the provisions of Decree 27 and Decree 72
In the above cases, the target company will be given 10 days to remedy the problem.
If it cannot be improved, the license will be suspended for 3 months.
License expiration requirements
Business licenses can also be revoked in the following cases:
Prohibited acts based on Article 5.1 (a), (b), (c) of Decree 72
License suspended twice
Decree 27 remains unclear as to whether the above conditions and procedures are applicable to foreign entities. The decree has already come into effect on April 15, 2018.
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