Legal basis

• Decree No. 72/2013/ND-CP dated 15/7/2013 on the management, provision, and use of Internet services and online information
• Decree No. 27/2018/ND-CP dated 01/3/2018 on amendments to Government’s decree No. 72/2013/ND-CP dated July 15, 2013 on management, provision, and use of Internet services and online information
• Circular No. 09/2014/TT-BTTTT dated 19/08/2014 on providing guidance on management, provision, and use of information on websites and social networking websites.

1. Conditions for granting a license to establish news websites or license to establish social networking sites:

According to Article 23.5 of Decree 72/2013/ND-CP dated July 15, 2013, as amended and supplemented by Decree 27/2018/ND-CP dated March 1, 2018 stipulating specific conditions can be as follows:

1.1. Conditions for organizations, enterprises and business lines of business registration

• The organization or enterprise is established within Vietnam’s law and its functions, tasks, or registered business lines are conformable with the services and information provided;
• Enterprises carrying out the procedures for applying for a license to establish a social network in the Certificate of Business Registration (or business registration data on the National Business Registration Portal) must have the following industry code:
  • Sector code 6311: Data processing, leasing, and related activities
  • Sector code 6312: Portal (except for press activities): Setting up social networks
  • Suppose the enterprise does not have industry code 6311 and industry code 6312. In that case, the enterprise must add the industry code to be eligible to apply for a license to establish a social network.

1.2 Requirements for personnel

• Requirements for personnel in charge of information content:
  • The head of the organization shall take legal responsibility for information management posted on its news website and social networking website;
  • A person in charge of information management must have an at least bachelor’s degree, and hold Vietnamese nationality. If the person in charge is a foreigner, he must have at least 6-month resident address in Vietnam;
  • The person in charge must provide his regular phone number, email address for central and local regulatory agencies;
  • The head of the organization may designate his deputy to be in charge of information management;
  • The organization establishing news websites or social networking websites must set up department of information management.

• Requirements for personnel in technical department:
  • The technical department must have at least 01 employee who meets requirements as prescribed in Point g and Point h Clause 2 Article 2 of Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Ministry of Information and Communications on standards for acceptable use of information technology.

1.3 Requirements for domain names

• If an organization is not a press agency, its domain name may not be similar with or the same as the name of any press agency.
• A news website or a social networking website of the same organization must not use the same domain name.
• The domain name must not expire for at least the next 06 months when the application is submitted. The application must comply with regulations of the Ministry of Information and Communications on management and use of Internet resources.

1.4 Requirements for techniques

Establishment of technical equipment system shall satisfy the following requirements:

• News websites: Storing news for at least 90 days from the day on which it is posted; storing log of processed information for at least 02 years;
• Social networking websites: Storing information about accounts, time of log in and log out, IP addresses of users and log of processed information for at least 02 years;
• Receiving and processing users’ reports of violations;
• Detecting, warning, and blocking illegal access, types of online attacks, and meeting standards for ensuring information safety;
• Having provisional plans for maintaining safe and consecutive operation and resolving when any problem occurs, except for force majeure events as prescribed.
• Ensuring that there is at least 01 server system located in Vietnam, of which information on all websites, and social networking websites owned by the organizations prescribed in Point a, b, c, d and dd Clause 2 of this Article may be inspected, stored, or posted at any time.

1.5 Requirements for information management on news websites

• There is a process of public information management: Determine scope of information sources, management and verification before and after it is posted;
• There is a mechanism for controlling information sources in order to ensure that posted news is accurately quoted from the information source;
• There is a mechanism for cooperation with regulatory agencies in removal of information that violate Clause 1 Article 5 of Decree No. 72/2013/ND-CP for at least 03 hours from the time in which it detect itself or at the request of regulatory agencies (in writing, via phone, or email);

2. Application for issuance of license to establish news website or social networking site

2.1 Applications for license to establish news website or social networking site

According to Article 1.12 Decree No. 27/2018/ND-CP dated 01/3/2018 regulated that:

• An application form for license to establish news website using Form 23 in Appendix I issued herewith;
• A valid copy of one of the following documents, including copy extracted from master register, certified true copy or copy enclosed with original: certificate of business registration, certificate of investment registration, establishment decision (or valid copy of certificate, equivalent license issued before the date of entry into force of the Law on Investment No. 67/2014/QH13 and Law on enterprises No. 68/2014/QH13); charter of operation (in case of unions or associations).
  Its tasks and functions stated in establishment decision or charter of operation must be conformable with those specified in news website;

• An operation scheme bearing signature and seal of the applicant’s head, at least containing: Purposes of information supply; contents, expected columns; official information sources, printed homepage and key columns; personnel, technical, information management and finance plans which guarantees the operation of news website in accordance with Points b, c, d and dd Clause 5 Article 23 of this Decree; place where DNS servers are located in Vietnam;
• A notification of acceptance of the information provider to justify that the source of information is legitimate.

2.2 Applications for license to establish social networking sites

According to Article 1.12 Decree No. 27/2018/ND-CP dated 01/3/2018 regulated that:

An application for licensing shall be made in 1 set of documents, including:

• An application form for license to establish social networking sites using Form 25 in Appendix I issued herewith;
• A valid copy of one of the following documents, including copy extracted from master register, certified true copy or copy enclosed with original: certificate of business registration, certificate of investment registration, establishment decision (or valid copy of certificate, equivalent license issued before the date of entry into force of the Law on Investment No. 67/2014/QH13 and Law on enterprises No. 68/2014/QH13); charter of operation (in case of unions or associations).
  Its tasks and functions stated in establishment decision or charter of operation must be conformable with those specified in social networking site;

• An operation scheme bearing signature and seal of the applicant’s head, at least containing: Types of services; scope; field of information; personnel organizational plan, management of information and finance to ensure the operation of social networking site in accordance with Points b, c, d, dd Clause 5 Article 23 of this Decree; place where the DNS servers are located in Vietnam;
• Terms and conditions of use related to social networking site must at least contain: Details not to be shared or discussed on social networking sites; rights and responsibility of users; rights and responsibility of organization or enterprise establishing social networking sites; actions against members who constitute infringement of terms and conditions of use; warning given to users against risks likely involved in storage, discussion and sharing of online information; measures for settling complaints and dispute between social network members and the organization or enterprise establishing social networking sites or other entities; publicizing whether personal information of users are collected in the terms and conditions of use; policies on protection of personal and private information of users.