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 18, 2024

New Telecom Services Set Out in Vietnam’s Telecom Law and Draft Decree

Subscribe to Updates

Vietnam’s new Telecom Law 2023 was promulgated on November 24, 2023, and will take effect on July 1, 2024, for most telecom services. For three newly introduced telecom services—OTT telecom services, internet data center services, and cloud computing services—implementation and compliance will be delayed until January 1, 2025. These new services will be explored briefly below.

The Ministry of Information Communication (MIC) is currently in the process of developing a number of decrees and circulars that will detail the implementation of the Telecom Law 2023, including one main decree that guides the new law in general. This decree is scheduled for prompt promulgation to coincide with the law’s effective date of July 1, 2024.

The draft version of this decree, dated February 22, 2024 (“Draft Decree”), was shared for consultation with international organizations, associations, and enterprises by the Vietnam Telecom Agency (VNTA) in early March 2024 to gather feedback. The Draft Decree is expected to undergo further revisions before being sent to relevant state agencies for input and submission to the Ministry of Justice for assessment by the end of March 2024. The MIC anticipates submitting the subsequent version to the government by April 15, 2024.

 

New Telecom Services: OTT Telecom Services, IDC Services, and Cloud Computing Services

In comparison to the Telecom Law 2009, the Telecom Law 2023 has three new telecom services:

  • Basic telecommunications services on the internet (OTT telecom services) are defined as services whose primary functions including the sending, transmission, and receipt of information between two persons or a group of people using telecommunications services on the internet (Article 3.8 of the Telecom Law 2023). By incorporating the term “primary functions” into the definition, the Telecom Law 2023 aims to exclude services such as ride-hailing platforms where the primary function is transportation, not telecom services for sending and receiving messages between users. This intention has been clearly confirmed by the VNTA in its series of consultation meetings with industry groups during the development process of the new law.
  • Internet data center (IDC) services are services that provide functions including processing, storage, and retrieving information for users via the telecom network by partially or fully leasing a data center.
  • Cloud computing services are telecom services that provide functions including processing, storage, and retrieving information for users over the telecom network via cloud computing.

Under the Draft Decree (Article 5.3), these three new services are all classified as “value-added telecom services.”

 

Indications of Light-Touch Management Principle

Unlike traditional telecom services, these three new services will be subject to a light-touch management principle. While this was not clearly provided in the new Telecom Law 2023, which left it to future decrees to provide further guidelines, the Draft Decree reflects this intention much more clearly.

Cross-border service provision: In particular, the Draft Decree excludes these three new services from the requirement of subjecting offshore companies to sign a commercial agreement with a local licensed telecom company for service provision. Providers of these three new services only need to notify the VNTA before service provision.

Nevertheless, there are certain unclear matters that require refinement in a subsequent version of the Draft Decree. One such issue is whether offshore service providers can commence services immediately after notifying the VNTA, or if they must wait for the VNTA to issue a confirmation of notification. During its meeting for gathering feedback in early March 2024, the VNTA affirmed that offshore companies could provide services immediately upon notification, eliminating the need for any confirmation, and noted that it will consider removing the confirmation requirement from the Draft Decree.

Onshore service provision: The Draft Decree has also lifted the foreign ownership restriction applied to these three new telecom services. It requires onshore service providers of OTT telecom and cloud computing services to merely notify VNTA before providing their services. Onshore IDC service providers must register with VNTA before beginning service provision.

Similarly, there is ambiguity regarding whether IDC service providers must wait for the issuance of a confirmation of registration before providing the services, or can provide the services immediately upon registration. In response to this query, VNTA clarified that IDC service providers are required to obtain a registration certificate before commencing their services.

 

Key Obligations of Service Providers

The Draft Decree introduces a few key obligations of service providers:

  • Verify information about users’ mobile phone numbers before providing services, and store users’ information (service username and mobile phone number) and information about the service usage for the duration specified in the cybersecurity law with regard to OTT telecom service providers.
  • Store and manage user information (full name and telephone or email for individuals; organization name and address, and full name, telephone or email of contact person for organizations) with regard to IDC and cloud computing services. The industry has expressed concerns that this Draft Decree might pose a trade barrier, as current trends among OTT service providers involve minimizing the collection and storage of users’ personal information, aligning with their obligations for personal data protection. By reducing the collection and storage of personal information, not only are costs lowered, but the risk of user data leakage during system attacks is also diminished. Despite these concerns, VNTA has justified the inclusion of telephone numbers, asserting that they are essential for tracking violators in the event of violations through OTT services. Furthermore, VNTA highlighted the effective management of junk SIM cards by the MIC, reducing the risk of being unable to trace individuals based on such junk SIM cards. It is worth noting that the name provided to OTT service providers is the service username, not the actual name of the users.
  • Protect state secrets pursuant to the law on protection of state secrets: This requirement introduces compliance risks as service providers primarily serve as intermediaries without direct access to user information, which is typically encrypted. In response, VNTA has expressed an intention to review and clarify the wording, emphasizing that the obligation applies when service providers are aware of violations but fail to comply with authorities’ requests to prevent or stop such violations.
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

January 9, 2026
Thailand continues to advance its legal and regulatory framework for the technology sector, with several key laws undergoing review and proposed amendments. These developments reflect Thailand’s broader efforts to ensure that its regulatory landscape keeps pace with rapid technological change and aligns more closely with international standards and best practices. The following are key legal developments and proposed legislative reforms in 2026 that are expected to impact businesses operating in the technology sector and the broader Thai business landscape. Data Privacy and Cybersecurity Personal Data Protection Act B.E. 2562 (2019) Following the full enforcement of Thailand’s Personal Data Protection Act (PDPA) in June 2022, businesses and practitioners have identified practical implementation challenges and interpretative issues. These challenges were reflected in an effectiveness assessment conducted by the Personal Data Protection Committee (PDPC) in late 2024. The PDPC published a set of principles for public consultation to identify issues and directions for potential amendments to the PDPA. Key issues: Emerging issues include clarifying the definitions of “data controller,” “data processor,” and “criminal record”; revisiting the scope of sensitive personal data to better reflect Thailand’s context; proposing amendments to the hierarchy of legal bases to avoid misconceptions of consent as the default legal basis; and clarifying the required level of expressiveness for explicit consent, as well as rules for collecting personal data from other sources. Current status: The first round of public consultation has concluded. Next steps: The proposed amendments are proceeding to a revised draft following the consultation outcomes. Cybersecurity Act B.E. 2562 (2019) Thailand is moving forward with proposed amendments to enhance the effectiveness of its national cybersecurity framework, as evolving digital technologies bring new risks such as misinformation, system intrusions, and attacks on critical infrastructure, making cybersecurity a national priority. Key issues: The amendments aim to clarify and strengthen
Read More
January 8, 2026
Thailand’s Digital Government Development Agency (DGA) has proposed new standards that would require government agencies to select cloud services exclusively from a preapproved shortlist of providers. The draft Digital Government Standards re: Cloud Service Provider Standards aims to strengthen procurement confidence and reduce risks associated with selecting cloud service providers that do not meet the required standards. A public hearing period on these standards concluded on December 27, 2025. The DGA will now review submitted comments and consider revising the standards accordingly. Shortlisted Cloud Service Provider Tiers The draft standards establish three tiers of cloud service providers based on their assessed service capability levels, core qualifications, and certifications. The DGA sets qualification requirements for each tier, and it is at the discretion of each agency to select the tier of cloud service provider that best suits its operational needs, as follows: Tier 1 cloud service providers are suitable for providing services involving disclosable official data. Tier 2 cloud service providers are suitable for handling official data and protected data, such as personal data, which requires a high-security public cloud (e.g., virtual private cloud). Tier 3 cloud service providers are suitable for providing services to agencies with specific regulatory and security requirements that handle highly protected data, such as the national security system. These providers must offer sovereign or hybrid cloud as stipulated by the Ministry of Digital Economy and Society. All tiers of cloud service providers must be legal entities incorporated under Thai law and can be authorized distributors of offshore cloud service providers. However, each tier will be subject to different requirements, including infrastructure obligations. Government agencies are encouraged to select a cloud service provider appropriate for their intended use. For example, if a government agency intends to procure cloud services for operating applications that process personal data,
Read More
January 8, 2026
Thailand has enacted comprehensive sexual harassment legislation that significantly expands criminal penalties and creates new compliance obligations for online platform operators. The Act Amending the Penal Code (No. 30) B.E. 2568 (2025), enacted on December 29, 2025, and taking effect the following day, introduces a comprehensive definition of sexual harassment, establishes new criminal offenses with graduated penalties, and imposes content removal obligations on social media platforms and computer system service providers. The amendment, which establishes a comprehensive framework for addressing sexual harassment in both physical and digital environments, significantly expands legal exposure for online service operators. It also grants courts authority to order takedowns of violating data accessible to the public. Definition of Sexual Harassment The law introduces “sexual harassment” as a distinct statutory concept covering physical conduct, verbal conduct, sounds, gestures, expressions, postures, communications, surveillance, stalking, and acts committed through computer systems or electronic devices. Conduct qualifies as sexual harassment when it is sexual in nature and likely to cause the victim distress, annoyance, embarrassment, humiliation, fear, or a sense of sexual insecurity. Criminal Offenses and Penalties The amended Penal Code establishes graduated penalties based on the severity and context of the harassment—including enhanced penalties for public or online conduct. For instance: Basic sexual harassment is punishable by imprisonment for up to one year, a fine of up to THB 20,000, or both. Continuous or repeated harassment that prevents normal life escalates penalties to imprisonment for up to two years, a fine of up to THB 40,000, or both. Critically for online operators, harassment committed in public places, in the presence of the public, or through computer systems accessible to the general public triggers imprisonment for up to three years, a fine of up to THB 60,000, or both. Acts of harassment committed by supervisors, employers, or others
Read More
January 6, 2026
On December 30, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) notified digital marketplace operators of a consolidated list of “high‑risk products” that are subject to strict monitoring on digital platforms. The list was jointly prepared by the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA) to guide platform compliance in the initial phase of implementation of the Electronic Transaction Committee’s Notification on Other Measures for Marketplace for Goods with Specific Characteristics under Section 18(2) of the 2022 Royal Decree on Digital Platform Businesses Requiring Notification B.E.2568 (2025). The notice is addressed to operators of digital platform services that function as product marketplaces with specific characteristics laid out in the notification. The ETDA states that the TISI and the FDA are closely monitoring the high‑risk product categories on digital platforms, and the published list serves as the baseline reference for platform screening during the initial phase of the notification’s implementation. High‑Risk Product List The list aggregates categories of products that are illegal to sell online or are otherwise tightly regulated under Thai law, with an emphasis on health-related products, controlled substances, medical devices, and a wide range of industrial products that require certification or compliance with specified Thai Industrial Standards, as detailed below. Prohibited and tightly controlled health products. This includes all categories of modern medicines subject to control other than general household remedies; all categories of controlled herbal products except for over-the-counter herbal products; narcotics; psychotropic substances; and medical devices requiring use in medical facilities or a physician’s prescription. Selected industrial products requiring heightened controls. The list highlights dozens of TISI-regulated items commonly sold online. Examples include pacifiers, rice cookers, electrical wire, food wrap film, crayons, washing machines and dryers, air conditioners, electric cookers and air fryers, water heaters, microwave ovens, LED luminaires, hair dryers
Read More