Conditions for operation of public internet access locations in Vietnam from December 25, 2024

Conditions for operation of public internet access locations in Vietnam from December 25, 2024​ (Image from the Internet)

On November 09, 2024, the Government of Vietnam issued Decree 147/2024/ND-CP concerning the management, provision, and usage of Internet services and information on the network.

Conditions for operation of public internet access locations in Vietnam from December 25, 2024

Specifically, Article 5 of Decree 147/2024/ND-CP stipulates the conditions for operating public Internet access locations from December 25, 2024 as follows:

- Internet agents are permitted to operate when the following conditions are met:

+ Register as an Internet agent business;

+ Sign an Internet agency contract with an Internet access service provider;

+ In case of providing online gaming services, compliance with the provisions in Clause 1, Article 62 of Decree 147/2024/ND-CP is required.

- Public Internet access locations of enterprises are not required to register as an Internet agent business and sign an Internet agency contract. However, if providing online gaming services, compliance with Clause 1, Article 62 of Decree 147/2024/ND-CP is mandatory.

- Public Internet access locations at hotels, restaurants, airports, train stations, bus stations, cafes, and other public places that offer Internet access services to users within these premises:

+ Do not need to register as an Internet agent business or sign an Internet agency contract if no fee is collected;

+ Must register as an Internet agent business and sign an Internet agency contract if fees are collected.

- Provincial and municipal People's Committees regulate measures on the operational hours of Internet agents and public Internet access locations that do not provide online gaming services in the respective area.

Responsibilities of public internet access location owners from December 25, 2024 in Vietnam

According to Article 6 of Decree 147/2024/ND-CP, owners of public Internet access locations will have the following responsibilities:

(1) An Internet agent has the following responsibilities:

- Establish endlocation device systems at the authorized location to provide Internet access services to users at that location;

- Display the “Internet Agent” sign including the Internet agent business registration number. If the Internet Agent simultaneously provides public online gaming services, the sign should comply with the provisions of Article 63 of Decree 147/2024/ND-CP;

- Publicly post the internal rules for using Internet services in a conspicuous place, detailing prohibited actions as defined in Article 8 of the Cybersecurity Law, Article 9 of the Telecommunications Law, and the rights and obligations of Internet users as per Article 7 of Decree 147/2024/ND-CP;

- Provide Internet access services at the quality and pricing specified in the Internet agency contract;

- For online gaming services, the Internet agent additionally assumes the responsibilities of the public online gaming services provider as specified in Article 68 of Decree 147/2024/ND-CP;

- Do not organize or allow Internet users to utilize computer functions at the business location to conduct forbidden actions as defined in Article 8 of the Cybersecurity Law, Article 9 of the Telecommunications Law;

- May request the contracted Internet providing enterprise to guide, provide information about the Internet access service, and subject to the supervision and inspection of that Internet providing enterprise;

- Participate in training and Internet workshops organized by state management agencies and Internet service providers in the area;

- Implement regulations regarding network security and information safety;

- Internet agents not providing online gaming services adhere to the operational hours regulated by the provincial or municipal People's Committee. Internet agents offering online gaming services follow the operational hours regulation stipulated in Clause 8, Article 68 of Decree 147/2024/ND-CP.

(2) Enterprise-operated public Internet access locations have the following responsibilities:

- Display the “Public Internet Access location” sign, which includes the enterprise name and Internet service provision license number. If it also serves as a public online gaming service location, the sign should follow the corresponding regulations at location b, Clause 2, Article 62 of Decree 147/2024/ND-CP;

- Responsibilities as outlined in locations a, c, dd, e, h, i of Clause 1, Article 6 of Decree 147/2024/ND-CP;

- Enterprise-run public Internet access locations not offering online gaming services adhere to the operational hours as regulated by the provincial or municipal People's Committee. These locations offering online gaming services comply with the operational hours as stipulated in Clause 8, Article 68 of Decree 147/2024/ND-CP.

(3) Public Internet access location owners at hotels, restaurants, airports, train stations, bus stations, cafes, and other public venues charging fees for Internet access have the following responsibilities:

- Comply with opening and closing times of the venue;

- Responsibilities as specified in locations a, c, d, e, g, h, i of Clause 1, Article 6 of Decree 147/2024/ND-CP.

(4) Public Internet access location owners at hotels, restaurants, airports, train stations, bus stations, cafes, and other public places offering free Internet access have the following responsibilities:

- Adhere to opening and closing hours as outlined in Clause 4, Article 5 of Decree 147/2024/ND-CP;

- Responsibilities as detailed in locations a, c, e, h, i of Clause 1, Article 6 of Decree 147/2024/ND-CP.

More details can be found in Decree 147/2024/ND-CP which comes into effect from December 25, 2024.

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