Vietnam: Implemented Decree 72 on the management, provision and use of Internet services and online information including operational license requirement

On 1 September 2013, Decree 72 on the management, provision, and use of Internet services and online information entered into force. The decree is applicable to Vietnamese and foreign organisations and individuals and sets out the management, provision, and use of Internet services, online information, and online games, as well as the assurance of information safety and security. The decree stipulates that enterprises are only permitted to provide internet services once they have obtained a licence. With regard to the granting process, the decree makes reference to the Law on Telecommunications and the Decree No. 25/2011/ND-CP. Article 8 delineates the conditions for the operation of public Internet access points, stipulating that such points may operate if they have registered as an internet agent business, signed a contract with an Internet access service provider, and comply with specific gaming service provisions. In addition, a licence is required for the operation of aggregated information websites and social networks. In order to obtain a licence, it is necessary to comply with a number of conditions, including being legally established within Vietnamese law, having appropriately qualified managerial personnel, registered domain names, and demonstrating financial and technical capabilities. In addition, it is important to ensure that there are measures in place for information safety and security. Finally, the decree delineates the classification and licensing requirements for online games. The 4 categories of online content are defined in the decree, and determine whether a license is required for operation.