Vietnam: Managing the establishment of websites and social networking sites

Specifically, according to Clause 7 Article 1 of Decree No. 27/2018/NĐ-CP of Vietnam’s Government amending Article 23 of Decree No. 72/2013/NĐ-CP, regulations on managing the establishment of websites and social networking sites are as follows:

- Electronic newspapers in the form of websites may be established and operate in accordance with the laws on press.

- Specialized websites may be established and operate in accordance with specialized laws and relevant regulations of Decree No. 72/2013/NĐ-CP.

- Private websites and internal websites must comply with the regulations on registration and use of Internet resources, and relevant regulations of Decree No. 72/2013/NĐ-CP.

- Organizations and enterprises shall only establish news websites and social networking sites after obtaining the license to establish news websites and license to establish social networking sites.

- An organization or enterprise shall be issued with a license to establish news websites or license to establish social networking sites when the conditions below are satisfied:

+ It is established under Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information posted on the national business registration portal;

+ It has qualified personnel as prescribed in Article 23a of Decree No. 72/2013/NĐ-CP;

+ The domain names to establish the news website of social networking site are registered and conformable to Article 23b of Decree No. 72/2013/NĐ-CP;

+ It meets the technical criteria as prescribed in Article 23c of Decree No. 72/2013/NĐ-CP;

+ It has measures for information safety, security and management as prescribed in Article 23d of Decree No. 72/2013/NĐ-CP.

- The duration of the license to establish news websites or license to establish social networking sites depends on the demand of the organization or enterprise, and shall not exceed 10 years.

- The Ministry of Information and Communications shall issue licenses to establish social networking sites.

- The Administration of radio, television and electronic information - the Ministry of Information and Communications shall issue licenses to establish news websites to press agencies, diplomatic and consular agencies, organizations affiliated to central government, religious organizations that operate legally in Vietnam, governmental and non-governmental organizations that legally operate in Vietnam; Services of Information and Communications, and other organizations prescribed by the Ministry of Information and Communications.

- Services of Information and Communications shall issue licenses to establish news websites to the organizations and enterprises not being mentioned in Clause 8 Article 23 of Decree No. 72/2013/NĐ-CP.

- The Ministry of Information and Communications shall specify the procedures for issuing, adjusting, extending, revoking, and reissuing licenses to establish news websites and licenses to establish social networking sites.

- The licensing authority shall issue a decision on suspension of license to establish news website or license to establish social networking site within 3 months from the date of issue if the organization or enterprise:

+ Violates Points d, dd, e Clause 1 Article 5 of Decree No. 72/2013/NĐ-CP; or

+ Fails to meet all conditions prescribed in Clause 5 Article 23 of Decree No. 72/2013/NĐ-CP although the licensing authority required correcting them in writing.

Suspension procedures shall be the same as those in Article 23i of Decree No. 72/2013/NĐ-CP.

- The licensing authority shall revoke the license to establish news website or the license to establish social networking site when the organization or enterprise violates Points a, b, c Clause 1 Article 5 of Decree No. 72/2013/NĐ-CP or have its license suspended as prescribed in Clause 11 Article 23 of Decree No. 72/2013/NĐ-CP.

Revocation procedures shall be the same as those in Article 23i of Decree No. 72/2013/NĐ-CP.

View more: Decree No. 27/2018/NĐ-CP of Vietnam’s Government takes effect from April 15, 2018, providing amendments to a number of articles of Decree No. 72/2013/NĐ-CP.

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