Update: 22.12.2025
DO CURRENT “SOCIAL NETWORKS” MEET THE REGULATIONS AND HAVE TO REGISTER/RE-REGISTER UNDER THE NEW DECREE?
On 09 November 2024, the Government issued Decree No. 147/2024/ND-CP (“Decree No. 147“) replacing Decree No. 72/2013/ND-CP dated 15 July 2013 on management, provision and use of Internet services and online information (“Decree No. 72“). Decree No. 147 takes effect from 25 December 2024. It provides comprehensive guidance on various laws including but not limited to the Law on National Security, the Law on Press, the Law on Information Technology, the Law on Cyber Security, and the Law on Cyber Information Security.
I. Improvements in definition
According to Decree No. 72, a social network is defined as an information system that provides the community of network users with services for storing, providing, using, searching, sharing, and exchanging information with each other, including services for establishing personal electronical websites, forums, online communication chat, sharing audio, images and other similar services.
With the continuous development of science and technology, defining through the form of listing the tools and functions that users can access makes the above definition outdated, not covering all the “social networks” that are being developed, leading to difficulty in control and management.
In light of the above situation, Decree No. 147 provides a new definition. Accordingly, a social network is an information system established on an information website or online application platform, providing services and tools that allow service users to provide, exchange, interact, and share information with each other.
Thus, Decree No. 147 has been updated and does not mention the technology of “social networks” but focuses on the values that “social networks” bring to users. With this change, the approach to social networks is also more flexible, in line with the development of technology, when it is no longer limited by specific functions but focuses on the nature of social network services. Therefore, this regulation may lead to some applications/websites that previously did not have to apply for a current License falling within the scope of the definition of “social networks” under Decree No. 147 and must carry out licensing procedures according to regulations.
II. Scope of application and registration requirements
Based on this change, the scope of Decree No. 147 is significantly expanded. Platforms that allow interaction and information sharing between users are considered social networks and must comply with the corresponding regulations. In addition, Decree No. 147 is clearer in dividing into two separate cases: foreign social networks provided by foreign organizations, businesses, and individuals across borders into Vietnam and domestic social networks provided by agencies, organizations, and businesses with legal status in Vietnam.
In the case of foreign organizations, enterprises, and individuals, only foreign organizations, enterprises, and individuals using data storage rental services in Vietnam or having a total number of visits (total visits) from Vietnam regularly in 01 month (average statistics for 06 consecutive months) of 100,000 or more have notified contact information to the Ministry of Information and Communications will be allowed to provide with the Livestream feature or provide revenue-generating activities in any form. From there, it can be seen that regulations are tightening on livestream activities or revenue-generating activities in any form. In addition, only verified accounts are allowed to post information (write posts, comment, Livestream) and share information on social networks and are required to authenticate accounts with personal identification numbers when wishing to conduct commercial livestream activities.
For agencies, organizations, and enterprises with legal status in Vietnam, pursuant to Article 24 of Decree No. 147, these agencies and organizations are only allowed to establish a general information website and provide social networking services when they have one of the following licenses: License to establish a general information website; License to provide social networking services; or Certificate of confirmation of notification of provision of social networking services.
The specific determination of the license that a “social network” provider must obtain when conducting business services depends on the classification of the “social network” according to the total visits, specifically as follows:
a. A social network with a large number of regular visitors is understood to be a social network with total visits regularly in 01 month (average statistics in 06 consecutive months) of 10,000 or more or has more than 1,000 regular users in a month, must be obtained a License to provide social network services;
b. A social network with a low number of regular visitors is understood to be a social network with total visits regularly in 01 month (average statistics in 06 consecutive months) under 10,000 or has less than 1,000 regular users in a month, needs to obtain a Certificate of confirmation of notification of provision of social networking services.
This classification aims to create a legal framework suitable for the scale of operations, ensuring feasibility in implementation. Accordingly, only social networks that have obtained a License to provide social network services from the Ministry of Information and Communications are allowed to provide livestreaming features or revenue-generating activities in any form.
III. Management of social networks licensed under the old Decree
Pursuant to Article 82 of Decree No. 147, the “License to establish a social network” obtained under the old Decrees will be effective according to the time of issuance. Within 90 days from the effective date of Decree No. 147, agencies, organizations, and enterprises that have obtained a License to establish a general information website must review and report to the Ministry of Information and Communications (Authority of Broadcasting and Electronic Information) on the total visits from Vietnam regularly in 01 month (statistical data for 06 consecutive months) and the number of regular users in the month on the social network under their management.
In addition, within 90 days from the effective date of this Decree, foreign organizations, enterprises, individuals, together with domestic organizations, and enterprises providing social networking services must authenticate active accounts of social networking service users according to regulations. After 90 days from the effective date of this Decree, if agencies, organizations, enterprises, and individuals fail to comply with the above regulations, they will be handled according to the provisions of law.
On the other hand, in order to ensure that the provided “social network” meets the requirements of current legal regulations on network and information security, the “social network” must also meet the legal conditions on human resources and other techniques as provided under Decree No. 147. With the completely new changes and strict conditions above, Decree No. 147 is setting out a comprehensive legal framework to create a safer and healthier social network environment in Vietnam and create a management mechanism, and social network platforms as well as regulate the operation of “social networks” to meet these new requirements and build a stronger, more positive and safer environment.
ADK Vietnam Lawyers
