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​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
July 6, 2026
Tilleke & Gibbins has contributed the Vietnam chapter to Data Protection & Privacy 2027, a global guide published by Lexology Panoramic that provides comparative insights into data protection and privacy regimes across multiple jurisdictions. The Vietnam chapter offers a comprehensive overview of the country’s data protection framework, addressing both regulatory structure and practical compliance considerations for businesses operating in or engaging with Vietnam. Topics covered include: Law and the regulatory authority: Legislative framework; data protection authority; cooperation with other data protection authorities; breaches of data protection law; judicial review of data protection authority orders Scope: Exempt sectors and institutions; interception of communications and surveillance laws; other laws; personal information formats; extraterritoriality; covered uses of personal information Legitimate processing of personal information: Lawful bases for processing; grounds for legitimate processing; types of personal information Data handling responsibilities of owners of personal information: Transparency; exemptions from transparency obligations; data accuracy; data minimization; data retention; purpose limitation; automated decision-making Security: Security obligations; notification of data breaches; internal controls Accountability: Data protection officer requirements; record-keeping; risk assessment; design of personal information processing systems Registration and notification: Registration requirements; other transparency duties Sharing and cross-border transfers of personal information: Sharing with processors and service providers; restrictions on third-party disclosures; cross-border transfers; further transfers; localization requirements Rights of individuals: Right of access; other statutory rights; compensation Enforcement: Enforcement mechanisms; exemptions, derogations, and restrictions; further exemptions and restrictions Specific data processing: Cookies and similar technologies; electronic communications marketing; targeted advertising; sensitive personal information; profiling; cloud services The chapter concludes with an update on key legal and regulatory developments over the past year and emerging trends in Vietnam’s data protection landscape. The full Vietnam chapter is available as a PDF through the button below. Readers can also gain 30 days of complementary access to the full Data
Read More
July 2, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) released a new version of the draft Act on Artificial Intelligence on July 2, 2026, for a public hearing period expected to be approximately 30 days. The draft act adopts a risk-based regulatory approach modeled in part on international frameworks—particularly the EU’s AI Act—while incorporating provisions tailored to Thailand’s regulatory landscape and digital economy objectives. If enacted in its current form, the law would introduce extraterritorial obligations, a tiered risk classification system, strict liability for AI-related damages, and new transparency requirements for AI-generated content. Scope and Extraterritorial Application The draft act applies to AI development, deployment, or any other action affecting people in Thailand, even if the action occurs outside the country. Of note: This extraterritorial reach creates compliance obligations for global AI companies whose systems impact Thai residents or consumers, even if the provider has no physical presence in Thailand. Foreign AI providers serving Thai deployers or users must appoint a local coordinator or authorized representative. Depending on the type of AI system, the representative may need full authority to act on behalf of the provider without any limitation of liability. Certain activities are exempt from the draft act’s oversight, including AI used by natural persons solely for personal or household activities, AI for educational research conducted by higher education institutions with ethics committee approval, research and development activities conducted prior to distribution or service provision, and other AI systems prescribed by royal decree. Risk-Based Classification Framework The draft act establishes a tiered risk classification system with three main categories: Prohibited AI. The act outright prohibits AI systems employing cognitive-behavioral manipulation using subliminal techniques, AI systems causing unfair broad-scale discrimination from processing irrelevant data, and other categories of serious risk as determined by announcement of a forthcoming committee that will be responsible
Read More
June 25, 2026
On June 18, 2026, Thailand’s Office of the Personal Data Protection Committee (PDPC) published two notifications in the Government Gazette establishing Thailand’s first formal certification framework for personal data protection standards under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notifications, which took immediate effect, introduce a voluntary certification framework aimed at promoting accountability, strengthening organizational data protection governance, and aligning Thailand more closely with international frameworks that recognize certification as a key compliance tool. Certification Criteria The first notification sets out the assessment criteria for organizations seeking certification. Applicants must undergo an evaluation against a framework comprising four assessment categories, 10 focus areas, and 128 assessment criteria covering key elements of a privacy management program. These include: Organizational oversight and internal policies and procedures. Human resource development, including staff training and awareness programs. Clearly defined operational processes and procedures covering data subject rights, transparency obligations, records of processing activities, and lawful basis management, as well as contractual safeguards such as data-processing and data-sharing agreements and risk assessments, including Data Protection Impact Assessments. Technical measures encompassing data security controls and breach response capabilities Based on the assessment results, organizations may be awarded either a PDPA Compliance Certificate or a higher-level PDPA Certificate accompanied by a certification mark. Application and Assessment Process The second notification establishes the application and assessment process for obtaining certification. Eligible applicants include government agencies and private-sector entities that demonstrate sufficient privacy governance maturity and meet the prescribed eligibility requirements. Applicants must submit their applications along with supporting documentation for review. Upon receiving an application, the Office of the PDPC will conduct a detailed evaluation, which may include both documentary review and on-site inspections. Incomplete applications may be rejected, though applicants are typically given a limited period to correct deficiencies before a final decision
Read More