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

March 9, 2016

Legal Update: New Regulations in the ICT Sector in Vietnam

Subscribe to Updates

The final months of 2015 saw a flurry of new legislation in Vietnam’s Information Communication and Technology (ICT) sector. Some of the new regulations have recently taken effect, while others will become effective later in 2016. Below we provide an overview of some key legislation:

  • Information security. The new Law on Information Security is Vietnam’s first comprehensive statute in this area. Previously, data-security regulations were scattered across different pieces of legislation, such as the Law on Information Technology and the Law on Telecommunications. The new law includes, among other things, provisions on ensuring safety and security of information; protecting personal information in the network environment; and preventing spam, computer viruses, and harmful software. The Law on Information Security was passed on November 19, 2015, and will take effect on July 1, 2016.
  • Broadcasting services. Decree 06/2016/ND-CP on management, provision, and use of broadcasting services, which will come into force on March 15, 2016, regulates pay TV and the co-production of radio and TV programs. Replacing the current Decision 20 and Circular 19, Decree 06 has new, clearer regulations on Internet TV and offers some licensing exemptions for foreign channels which do not receive royalty payments. In addition, under the new decree, the number of foreign channels cannot exceed 30 percent of the total number of pay TV channels in Vietnam. The key content in Circular 19 on coproduction of radio and TV programs is retained in Decree 06, including the ban on coproduction of news and politics programs.
  • Internet resources. Circular 24/2015/TT-BTTTT on management and use of Internet resources provides additional grounds for dealing with “.vn” domain name disputes. For more information about Circular 24, please refer to our previous legal update.
  • Used IT products. The list of used IT products that are prohibited from importation has been updated in Circular 31/2015/TT-BTTTT (passed on October 29, 2015, and effective from December 15, 2015). This list notably still includes refurbished IT products, but upcoming legislation (see below) is expected to include some exceptions for refurbished goods.
  • Used machinery, equipment, and production lines. Circular 23/2015/TT-BTTT on importing used machinery, equipment, and production lines was passed on November 13, 2015, and will take effect on July 1, 2016, replacing Circular 20. Circular 23 will make it significantly easier for ICT companies to import used equipment by reducing restrictions and facilitating customs clearance.
  • Quality control of telecom services. Circular 35/2015/TT-BTTTT mainly updates the list of telecommunication services subject to quality control to keep up with the latest advances in technology. This circular came into effect on February 15, 2016.
  • Safety and security of information systems in banking operations. Circular 31/2015/TT-NHNN provides comprehensive security regulations in banking operations in areas including safety and security of information systems and management of online transaction services. Importantly, the circular clearly sets out that it applies not only to the State Bank of Vietnam and credit institutions, but also to foreign bank branches and providers of intermediary payment services—a new category not covered by the previous regulations. The new circular passed on December 28, 2015, and took effect on March 1, 2016.

In addition, a number of key regulations have been proposed which are currently still in draft form, including:

  • A circular on Over-The-Top services is currently on hold at the Ministry of Information and Communications (MIC).
  • A draft circular on cross-border service provision of public information was released for a public consultation period, which ended in June 2015. The circular is under consideration and is expected to be approved by the MIC in 2016.
  • There has been a long-pending draft of a decree on IT services, but it remains on hold.
  • A circular on the list of IT services has been drafted and released for public consultation. It is under consideration for approval. 
  • Procedures for registration of information content service provision on mobile telecommunication networks may be addressed under a new circular. A draft was released for public consultation from July 6 to September 6, 2015, and is under further regulatory review.
  • The existing Circular 12/2013 on telecom licensing may be amended. Draft amendments have been publicly released, but a timeline for the amendments is not yet available.
  • Finally, there may be a future decision of the Prime Minister to allow importation of refurbished IT products, components, and accessories, as long as they meet certain stipulated conditions.

To learn more about these regulations, please contact [email protected].

 

Download Full Article
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

August 20, 2026
Thailand has established a new cross-ministerial committee to oversee data center operations nationwide. On August 5, 2026, the Thai cabinet approved the Prime Minister’s Office Regulation on the Data Center Business Policy Committee, which was published in the Government Gazette on August 13, 2026, and is now in effect. The regulation reflects the government’s policy to elevate Thailand’s digital economy and promote investment in digital infrastructure and AI. The key features of the new committee are outlined below. Definition of “Data Center” Under the regulation, “data center” is defined as a building, premises, or structure that uses electronic equipment to provide services related to the collection, storage, processing, hosting, or transmission of data by electronic means to third parties that are not affiliates, as further determined by the Data Center Business Policy Committee. Committee Composition The committee will be chaired by a deputy prime minister designated by the prime minister, and will have three vice-chairs comprising the ministers of digital economy and society, interior, and energy. The committee also includes 12 ex-officio members: the permanent secretaries of finance, agriculture, natural resources, energy, interior, digital economy, industry, and commerce; the secretaries-general of the Board of Investment (BOI), Energy Regulatory Commission, National Broadcasting and Telecommunications Commission (NBTC), and National Water Resources Office; and the director of the Energy Policy and Planning Office. Up to three expert members may be appointed by the prime minister for two-year terms, renewable once. The secretary-general of the National Economic and Social Development Council (NESDC) serves as member and secretary, with up to two NESDC officials serving as assistant secretaries. Powers and Duties The committee is empowered to: Propose policies, standards, and operational frameworks for government agencies in approving, licensing, issuing investment promotion certificates, or providing services to data center operators in Thailand; Study, analyze, and
Read More
August 14, 2026
Thailand’s Office of the Insurance Commission (OIC) has issued guidelines clarifying the boundaries between permissible and prohibited activities for unlicensed individuals—including influencers, bloggers, and content creators—when communicating about insurance products on social media. The Good Practice Guidelines for Persons Not Licensed as Insurance Agents or Brokers Regarding the Dissemination of Insurance Content Through Digital Media B.E. 2569 (2026) took effect on July 24, 2026. Activities Requiring a License The guidelines reserve the following activities for licensed agents and brokers: Soliciting or facilitating insurance contracts. Providing personalized advice on product suitability. Recommending policy cancellation to purchase promoted products. Creating links that facilitate contract formation. Receiving performance-based compensation tied to policies or premiums generated. Importantly, boilerplate disclaimers such as “this is not a recommendation to buy insurance” will not shield individuals from liability if the OIC views the content as personalized advice or solicitation. Permitted Activities Unlicensed persons may present general educational content about insurance—such as explaining terminology, sharing industry statistics, reporting news, or sharing personal experiences—provided the content does not target specific individuals to purchase from specific companies. The guidelines also set out best practices for communication, including presenting information in a fair and balanced manner that covers both benefits and limitations, encouraging consumers to read policy terms and consult licensed professionals, verifying information from credible sources before dissemination, and exercising special care when the audience may include vulnerable groups such as persons aged 60 and older. Prohibited Practices Prohibited practices include fear-based marketing, creating artificial urgency, omitting material limitations, making exaggerated claims, falsely claiming professional credentials, using fake engagement mechanisms, and sharing false or misleading content. The guidelines also reinforce the prohibitions under section 83 of the Life Insurance Act B.E. 2535 and section 78 of the Non-Life Insurance Act B.E. 2535 against soliciting insurance contracts with foreign operators
Read More
August 11, 2026
On July 27, 2026, the State Bank of Vietnam (SBV) released a draft decree proposing amendments to Decree No. 52/2024/ND-CP dated May 15, 2024, on non-cash payments (Decree 52). The draft decree would amend 17 of Decree 52’s 38 articles, with several key changes directly affecting providers of intermediary payment service (IPS). The key proposed changes affecting IPS providers are outlined below. Streamlining IPS Licensing Procedures A central objective of the draft decree is to simplify regulatory procedures for IPS providers. Notably, it would significantly reduce IPS licensing documentation requirements by removing the need to submit enterprise registration certificates, investment registration certificates, and documents evidencing the qualifications of the legal representative and general director. Instead, the SBV would retrieve this information directly from national business registration and other specialized databases, requesting additional documents only where the relevant information cannot be verified electronically or is incomplete. The draft decree also removes the current limit of two rounds for dossier supplementation and shortens processing timelines for several IPS licensing procedures such as issuance, amendment, and reissuance of IPS licenses. The processing time for new IPS license applications would be thereby reduced from 90 to 60 working days. In addition, several continuing IPS business conditions would be removed. For example, IPS providers would no longer be required to maintain certain representations relating to corporate restructuring or the legality of contributed capital. Likewise, the IPS project plan (đề án) would become a one-time application document rather than an ongoing licensing condition. If retained in the final decree, this change could provide IPS providers with significantly greater flexibility to implement post-licensing technology upgrades, system integrations, and corporate restructuring transactions without needing to revisit the originally approved project plan. The draft decree also removes the requirement for the SBV to consult the Ministry of Public
Read More
August 10, 2026
Thailand has finalized its social media KYC (“know your customer”) rules under Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), which was published in the Government Gazette on May 5, 2026, and will take effect on November 1, 2026. While an early draft of the notification proposed requiring social media platforms to arrange identification of every user account, the final notification is significantly more targeted, focusing on paid online advertising and advertiser identity verification. Though the regulatory initiative primarily aims to combat online fraud and technology-related crimes, it also has important consequences for intellectual property enforcement, because the verified platform records that will be generated under the new requirements can help IP rights holders to identify anonymous online infringers. Key Regulatory Mandates The notification requires social media service providers to verify the identity of advertisers before their paid advertisements are published and disseminated in Thailand through social media, regardless of whether the advertising fees come from the advertisers or third parties. Verification of an advertiser is valid for one year, after which verification would have to be performed again before the platform could publish additional paid advertisements from the advertiser. Permitted verification methods are specified under the notification. A platform may verify an advertiser by checking identity evidence and confirming the connection between the advertiser and that identity evidence, with the notification giving facial comparison against certain government-issued identity documents as an example. Alternatively, platforms may verify advertisers through a digital identity verification and authentication system with an identity-proofing assurance level not lower than the level prescribed by Thailand’s Electronic Transactions Commission. The notification further requires platforms to retain only the advertiser’s information necessary to identify the advertiser, beginning from the start of the advertising activity and for
Read More