You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

July 12, 2023

Circular 06 Sets Out Guidance for VOD Content Providers in Vietnam

Subscribe to Updates

On June 30, 2023, Vietnam’s Ministry of Information and Communications (MIC) issued Circular No. 06/2003/TT-BTTTT to provide implementing guidelines for Decree 71 on editing, ratings, and warnings for video on demand (VOD) sports and entertainment content provided over radio and TV services. Circular 06 will take effect on August 15, 2023.

Because Decree 71 allows VOD providers to self-edit and self-rate this type of content, it is important for them to know how the process is regulated in order to fully comply before providing VOD sports and entertainment programs to Vietnamese users.

Under Circular 06, radio and TV service providers are required to display ratings and warnings on their programs, following the principles set out in the circular. These service providers must also compile dossiers in a stipulated form on the editing, ratings, and warnings of their programs for reporting to the authority and inspection.

The main contents of Circular 06 are as follows.

1. Content Editing

The main principles for editing VOD sports and entertainment programs include:

  • Protection of children and other vulnerable people from inappropriate or potentially harmful content.
  • Removal of all illegal/prohibited content, as well as content related to controversial issues or issues not recognized by Vietnamese law.
  • Removal of content or dialogue that disparages the origins of others or makes fun of others’ physical weaknesses, and content that is contrary to Vietnamese culture, morality and fine customs and traditions;
  • Removal of programs if it is discovered during the editing process that in the program or at the venue of the event, there are images or activities violating the prohibitions of the law, violating Vietnamese fine customs and traditions, or containing sensitive political elements.

In addition to compliance with the above-mentioned principles, sports and entertainment programs related to health, education, and online gaming must additionally meet the requirements of relevant specialized laws.

 

2. Content Ratings

Under Circular 06, the principles for rating of programs are based on the manner of expression; specific situations and contexts; interactivity; frequency; duration; level of detail of images, sound, lighting, and dialogue; and the level of impact of the program on the audience, in which the importance of the context and the level of impact on the audience are priority factors in rating of the programs.

The factors for rating programs include topic and content; violence; nudity and sex; drugs, stimulants and addictive substances; horror; vulgar images, sounds, and language; and dangerous behavior that is easy to imitate.

Programs are rated at a lower level when:

  • The program content is depicted verbally rather than visually; or
  • The images and words of the program have a low impact on the audience.

Programs are rated at a more stringent level when the program content:

  • Contains more details, including close-ups and slow motion;
  • Uses highlighting techniques such as lighting, perspective, and resolution;
  • Uses special effects such as light, sound, noise, resolution, color, image size, characteristics, and tones;
  • Is realistic instead of stylized; and
  • Encourages interaction.

There are six categories of program rating, based on the age range of the audience the program is eligible to be disseminated to:

  • P rated: All ages
  • K rated: Under 13 years old, provided that they are with their parents or guardians
  • T13 rated (13+): From 13 years old or older
  • T16 rated (16+): From 16 years old or older
  • T18 rated (18+): From 18 years old or older
  • C rated: Prohibited from dissemination on TV services

For programs at the borderline between levels, if the program has a way of handling situation and results which sends a message of education, humanity, praise of moral and social values, and/or has a positive impact on the audience, it will be considered to be rated at a lower level.

Further details on the program ratings are provided in an appendix to the circular.

Rating descriptors of programs are to be displayed according to the following principles:

  • The rating must be displayed clearly and prominently in the program introduction/display folder on the device’s screen interface so that the audience can make a decision to listen to or watch the program provided on the service.
  • For TV programs and audiovisual programs: The rating must continuously appear in the upper left or right corner of the screen during the program broadcast, ensuring that it does not overlap with the service icons or other icons.
  • For radio programs and audio-only programs: There is no need to display the rating during the program broadcast.

 

3. Content Warnings

Circular 06 provides the following principles for content warnings:

  • For programs rated from K to T18: Warnings must be displayed.
  • For entertainment programs that are reality TV shows; art performances; TV talent contests; exhibitions of risky and dangerous acts, with the risk of causing injury; or fictional TV shows, shows based on real-life events; sports programs in extreme sports, combat sports, and martial arts with violent or/and dangerous nature: A warning text must appear at least three seconds before the time of the act or content subject to the warning, and the text must be maintained throughout the act so that viewers do not imitate and follow the acts in these programs. The warning is to be displayed at the bottom of the screen of the device during broadcast, ensuring that it does not overlap with the service icons or other icons.

The display of warning text must be done immediately at the start of the broadcast and during the broadcast of the program using one or more appropriate methods, including but not limited to verbal or written warnings.

For TV programs and audiovisual programs, a written or verbal warning must be displayed/played no later than three seconds after the start of the broadcast; and display at least one more warning text during the broadcast for programs with a duration of less than 30 minutes, display the warning text at least two more times for programs with a duration of 30 minutes or more. The display position of the warning text is right below the rating icon of the programs.

For radio programs and audio-only programs, a verbal warning must be played immediately at the start of the broadcast.

 

4. Technical Measures

Radio and TV service providers must implement technical and technological measures to manage their content to comply with requirements. In particular, they are required to:

  • Control on the playout server programs that have been edited, rated, and had warnings attached and monitor viewers and listeners by mandatory login of personal information before listening to or viewing programs; allow listeners and viewers to control access by setting the right to restrict listening and viewing according to their needs.
  • Fully archive the provided programs on the storage device system for a period of 30 days to serve the purpose of authorities’ inspection.
  • Edit programs through a delayed server for entertainment programs that are broadcast at the same time as the original program.
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

February 26, 2023
Vietnam’s Ministry of Information and Communications (MIC) has been working to replace the outdated 2009 Telecom Law with a new version more suited to today’s digital economy. A draft Telecom Law was made available for public consultation from October 27 to December 27, 2022. On January 17, 2023, the MIC submitted an amended draft (the “Draft”) to the Ministry of Justice for appraisal (the Vietnamese version of the Draft and accompanying documents in the dossier can be accessed here). The Draft is scheduled to be discussed by the National Assembly in May 2023 and submitted for approval in October 2023. The key content and changes of the Draft as compared to the existing law are set out below. 1. Licensing Telecom Services For domestic enterprises, the 2009 Telecom Law only provides two types of licenses—telecom network establishment licenses and telecom service business licenses—without differentiating the conditions and licensing procedures for various types of telecom services. This no longer meets management requirements and does not encourage enterprises to participate in providing new services on already existing infrastructure. Although the Draft retains the two main types of licenses—licenses to provide telecom services with network establishment for a term of not more than 15 years; and licenses to provide telecom services without network establishment with a term of no more than 10 years—it also provides different licensing conditions for different types of telecom service provision, with three kinds of licensing: (i) individual licenses for certain enterprises with specific conditions and obligations based on telecom management objectives at the time of licensing; (ii) class licenses for businesses that meet the prescribed licensing conditions; and (iii) registration, which requires businesses only to submit registration information according to the prescribed form to be licensed. In addition, to avoid the situation of licensed telecom network enterprises
Read More
February 24, 2023
Noppparat Lalitkomon, head of Tilleke & Gibbins’ data protection team in Thailand, has prepared the Thailand contribution for the Data Privacy Trends and Topics Report, published by Lex Mundi. The report provides brief overviews of recent and upcoming regulatory and legal developments concerning data privacy in the jurisdictions of Lex Mundi member firms in 53 jurisdictions around the world. Drawing on the expertise of Lex Mundi member firms from around the world, the report features local insights to help businesses handle cross-border data and cybersecurity challenges. Lex Mundi has also compiled a global overview of how firms in each region assess the likelihood of significant changes to the data protection landscape in 2023. Notably, Asia and the Pacific is identified as the region most likely to undergo changes, with 73% of reporting firms expecting significant developments in their jurisdictions. The report containing all 53 contributions—grouped by world region—is available on the Lex Mundi website or through the button below.
Read More
February 16, 2023
Thailand has issued a Royal Decree on the Supervision of Regulated Digital Identification Authentication and Verification Service Businesses B.E. 2565 (2022) (the “Royal Decree”), aimed at regulating business operators that provide digital identification authentication and verification services (“Digital ID Services”). The Royal Decree was published in the Government Gazette in December 2022, and will take effect 180 days from the publication date, i.e., on June 21, 2023. The key details and requirements of the Royal Decree are as follows: Regulated Digital ID Services Under the Royal Decree, the provision of the following Digital ID Services requires prior approval from the Electronic Transaction Development Agency: Identity verification service – Services for collecting and identifying information relating to the identity of a person, and verifying the connections between the person and the identity. Authenticator issuance and management service – Services relating to the connection between a person who has passed the identification process with an authenticator, and managing actions which are used to identify a person. Authentication service – A process to authenticate a person by inspecting his/her authenticator. Digital ID networks/systems – Provision of networks or systems used to exchange information for digital identification purposes, excluding services provided by an intermediary. Exempted Digital ID Services The Royal Decree also specifies a list of Digital ID Services that are exempted from supervision under the Royal Decree, as follows: Issuance of certificates to support the use of electronic signatures in accordance with the Electronic Transaction Act. Digital ID Services conducted for use within the operator’s own business only, and which do not involve the provision of such services to third parties. Other Digital ID Services as prescribed by the Electronic Transaction Committee. Qualifications of Business Operators The types of business operators qualified to operate Digital ID Services include (i) private limited companies;
Read More
February 10, 2023
On January 16, 2023, Thailand’s Securities and Exchange Commission (SEC) prescribed a set of security measures that digital asset business operators must implement if they provide custody of digital assets for their customers. The new security measures are prescribed in two notifications from the SEC and its office on digital asset wallet management systems and cryptographic key management systems, with the aim of safeguarding digital assets in custody against loss, fraud, and cybertheft. The notifications took immediate effect. The new security measures and the management systems are summarized below. Policy and guidelines for managing systems related to digital asset custody Digital asset business operators must have a written risk management policy for all systems relating to digital asset custody, approved by their board of directors and made accessible to all employees. The policy must be reviewed or revised at least once annually, or promptly if any potential risks are identified. Specific procedures must be implemented, such as establishment of a compliance team and internal controls. Management of systems for digital asset wallets and cryptographic keys Digital asset business operators must have policies and procedures for managing all systems relating to digital asset custody. This includes properly designing, developing, and managing digital asset wallets in a safe and secure manner. The same requirement on policies and procedures applies to cryptographic key management as well. Management of incidents that may affect systems related to digital asset custody Digital asset business operators must have measures in place to manage incidents that may impact systems related to digital asset custody. The measures include designating a person responsible for incident management, testing and reviewing the incident management policy annually, reporting any incidents affecting digital asset custody to the designated responsible person and the SEC immediately, and conducting a digital forensic investigation with an independent
Read More