Vietnam: Closed consultation on Draft Decree 72 on the management, provision and use of internet services and online information including operating conditions

On 15 September 2023, the Vietnamese Government closed its consultation on Draft Decree 72 on the management, provision and use of internet services and online information, which would entirely replace current Decree 72. The Decree would apply to domestic and foreign organisations and individuals directly engaged in or related to the management, provision and use of internet services, online information, and online games, and ensuring information safety and security. In particular, the Draft Decree imposes several obligations on foreign organisations engaging in cross-border services with lease space in data centres or that receive monthly visits from Vietnam of 100,000 or more for six consecutive months (“regulated cross-border providers”) including verifying social network user accounts through their mobile phone numbers, only allowing users above 16 years of age to register for an account, and to store personal information of Vietnamese users. They are also required to notify the Ministry of Information and Communications (MIC) with stipulated contact information within 60 days from the time of reaching the threshold number of total visits and provide annual reports to the MIC on their operations. Furthermore, they are required to inspect, monitor, and remove illegal content and provide the Ministry of Information and Communications (MIC) with tools for searching and scanning content. Cross-border app store service providers must only allow organisations and individuals in Vietnam to upload legal apps to their app stores and remove illegal applications from the app store within 24 hours upon the request of the MIC. Cross-border provision of online games is prohibited.