Vietnam: Adopted Decree No. 55/2024/ND-CP including organisational requirements

On 16 May 2024, the government of Vietnam adopted Decree No. 55/2024/ND-CP, which implements articles of the Law on the Protection of Consumer Rights. The decree defines large digital platforms as those with over 3 million active user accounts in Vietnam or as large intermediary platforms extensively serving electronic transactions in accordance with electronic transaction law regulations. Should they meet the aforementioned criteria, they are obliged to adhere to the stipulations outlined in Article 39 of the Law on the Protection of Consumer Rights (No. 19/2023/QH15). They are obliged to establish an advertising archive utilising algorithms designed to target specific consumers and groups. They must also periodically evaluate content moderation and algorithmic advertising, as well as assess the implementation of regulations on the handling of fake accounts and the use of artificial intelligence (AI) and automated solutions. Moreover, the decree stipulates that large digital platforms must transparently disclose the criteria for displaying content, particularly when fees are involved. Furthermore, they must ensure that the development and application of these criteria adhere to legal standards. It is obligatory for them to maintain an online reporting account, through which they are required to provide comprehensive updates for regulatory oversight. These updates must include detailed information on advertising practices, content moderation, and user interactions. In addition, these organisations are responsible for ensuring the accuracy and legal compliance of the information provided and must respond to inspection requests within five business days. Furthermore, any organisations or individuals found to have violated consumer rights laws on digital platforms must be publicly listed, with disclosures made available on widely accessible media, their premises, and governmental electronic systems. The information in question remains accessible to the public for 30 days, after which it may be removed or archived by the relevant hosting authority.