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In brief

On 22 November 2021, the Ministry of Justice published the latest version of the Draft Decree amending Decree No. 72/2013/ND-CP1 on the management, provision and use of internet services and online information (“Draft Decree“) submitted for its final legal assessment. There is no exact deadline for this round of consultation.


Key Takeaways

Compared to the previous draft released in July 2021 (“July version“), the Draft Decree has several notable changes, as follows:

  • Governing scope now includes data center services.
  • New definitions introduced include online game top-up card, community group and online platform.
  • The list of prohibited acts (i.e., illegal content on the internet) from the current Decree No. 72 remains unchanged.
  • The reference to local office and data localization requirements under Article 26.3 of the Cybersecurity Law and relevant legal documents are removed for offshore service providers.
  • New screen time limited at 60 minutes shall be imposed on players 18 years old and younger playing G1 games, and players 16 years old and younger playing G2, G3 or G4 games.

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1 Decree No. 72.

Author

Yee Chung Seck leads the Firm’s Mergers & Acquisitions, IT/C, Pharmaceutical and Healthcare Practices in Vietnam. Chambers Global (2014, 2013) and Chamber Asia (from 2010 to 2015) rank him as a leading lawyer in the field of Corporate M&A and TMT in Vietnam. He is a member of the Singapore Bar Association and serves as vice president of the Singapore Business Group. He also serves as AmCham's IT/C Sub-Committee Co-Chair. Mr. Seck is fluent in English and conversational in Mandarin.

Author

Manh Hung Tran is the principal and managing lawyer of BMVN International LLC, a licensed law firm and IP agent, which is a member of Baker & McKenzie International. Mr. Tran has represented various multinational and Vietnamese companies in different industries including infrastructure, transportation, telecommunications, port, retail, distribution, and intellectual property. He also assisted internationally famous brands to establish their investment projects in Vietnam. Mr. Tran was voted Vietnam Lawyer of the Year (2009) in the national poll of Vietnamese lawyers organized jointly by the Vietnam Lawyers’ Federation, the Ministry of Justice and Vietnam Law Magazine. In addition to authoring many publications, Mr. Tran has given speeches and lectured on "Lawyering Skills" at the Hanoi Unveristy of Law and Diplomatic Academy of Vietnam, and intellectual property laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as chairman of the Legal Committee of Hanoi American Chamber of Commerce.