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

January 23, 2019

Vietnam to Amend Decree on Broadcasting and TV Services to Regulate On-Demand Content

Subscribe to Updates

Content on demand and video on demand, also known as OTT (over-the-top) TV services, quickly generated interest and support from local users after entering Vietnam. In response to pressing complaints from some local service providers that there is unequal treatment between foreign service providers and domestic service providers (domestic providers have many obligations related to content, taxes, and charges that are not imposed on cross-border providers), the Ministry of Information and Communication (MIC) has plans to amend the current Decree 6 on the management, provision, and utilization of broadcasting and TV services. In this regard, the MIC released a draft decree for public consultation from July 23 to September 23, 2018.

After the release of the draft decree, which aims to improve the regulation of OTT TV services and cross-border provision of such services, there were many concerns regarding the potential burdens and unattractive environment the draft could create for businesses and investment. On December 12, 2018, local and foreign chambers of commerce coordinated to organize a workshop to collect comments on the draft decree from stakeholders in the TV industry and relevant state agencies. The draft decree used for this workshop was marked as “Draft 4,” which is the most current available draft to date.

Below is a summary of some of the key contents of Draft 4, and related concerns for stakeholders:

1. Definition of Terms

The definition of radio and TV services has been expanded to include the provision of on-demand content over broadcasting infrastructure to service users. The definition of internet TV services has also been expanded to include services provided via Vietnam-managed websites and internet apps (meaning OTT TV services are covered), and a new definition of on-demand internet content services has been introduced that also includes OTT TV services. On-demand content is defined broadly as “domestic and foreign radio/TV programs including live shows at the time of an event; film and content containing domestic or international audio or visual which meet requirements of relevant laws and regulations of Vietnam and are provided to subscribers on demand.”

Concerns: The very broad definition of terms would lead to a broad and vague scope of application. For example, it is unclear whether audio and visual content created and uploaded by users of social networks, at the demand of others, would be considered as falling into the definition of on-demand content. In addition, it is unclear whether classifying the provision of on-demand internet content under radio and TV services is appropriate and in line with relevant law (i.e., Appendix 4 of the Investment Law, which lists conditional businesses) and international CPC classifications.

2. Licensing of Paid OTT TV Services

Draft 4 sets out new licensing requirements with regard to paid OTT TV services and requires that enterprises wanting to provide paid OTT TV services must be Vietnamese enterprises, and approval in principle must be obtained from the prime minister in respect of foreign investments to establish a company in Vietnam in this field. This may mean that foreign companies cannot provide cross-border OTT TV services to users in Vietnam as they are currently doing, but may have to establish a company in Vietnam. However, the draft does not prescribe any limits or ceilings on the ratio of foreign ownership, which are also not mentioned in Vietnam’s WTO commitments.

One of the conditions for licensing under the draft is that the company must submit the content group category of on-demand content of their services along with relevant copyright agreements for on-demand content.

Concerns: The licensing requirement could be considered a barrier to market entry, and would not be promoting foreign investment and the overall business environment. Instead of following the traditional approach of licensing whenever there is a new type of service provided in the market, the MIC needs to manage based on risk and the mechanism of post-checks. The MIC may also consider an alternative management measure, for example, taxing the cross-border provision of OTT services.

The MIC should consider revising the draft so that instead of submitting the copyright agreement in advance for licensing, service providers can update the list of copyright agreements whenever content is updated.

3. Translation and Editing Requirements for Foreign Content

The duration of a license to edit foreign channels on pay TV services is proposed to be reduced from 10 years to 5 years in Draft 4.

The draft also expands the list of foreign content which must be translated to include TV shows (reality TV, game shows), and the translation and editing must be done by a licensed press agency.

Concerns: Because of the huge amount of constantly updated on-demand content, this requirement will create unnecessary burdens in terms of time and expense, while the quality of the translation and editing is not guaranteed. It may be more efficient and appropriate to consider letting OTT service providers conduct their own translation and editing, instead of using licensed press agencies, provided they bear responsibility for the translated and edited content.

4. Pre-installed Advertisements

Draft 4 does not allow pre-installed advertisement from overseas and requires licensed press agencies to be responsible for the installation of any advertisement in Vietnam.

Concerns: This requirement could be considered a restriction of advertisement from overseas and may violate Vietnam’s WTO commitments, because the WTO commitments do not restrict advertisement from overseas to Vietnam. In addition, with regard to services such as social networks which allow users to broadcast content on demand, it is unclear which entity should be responsible for installation of advertisements.

5. Proportion of Domestic Programs

The draft requires the proportion of domestic programs with regard to on-demand internet TV services to be not less than 30% of the total programs.

Concerns: In order to meet this requirement, either the domestic program production capacity must significantly increase or the content catalogue must be reduced significantly, thus, restricting users’ market access and creating difficulties for enterprises. This proportion should be left for the market to decide.

6. Other Changes

The draft requires certain sports programs having social impact to be rebroadcast over free broadcasting services for certain periods.

Concerns: Enterprises may spend huge amounts of money on the broadcast rights to certain sporting events, and need to recover the costs by re-selling the programs to other companies to rebroadcast.

The draft regulates that the MIC, based on development targets for the broadcasting sector stipulated in the broadcasting development plan, will decide on the number of domestic and foreign program channels.

Concerns: This matter should be left for the market to decide, instead of the MIC.

Outlook

After the workshop, in early January 2019, local chambers of commerce submitted comments to the MIC and the MIC is now revising the draft decree, but no new draft is yet available.

It is worth noting that on the first day of 2019, the government issued Resolution 02/NQ-CP on duties and measures to improve the business environment and enhance national competitiveness. With the government’s strong inclination toward creating a better and healthier business environment, it is expected that many business conditions and licensing requirements will be eliminated or reduced significantly. Therefore, it is expected that the MIC will reconsider the draft very carefully to be in line with government policy to create a more attractive investment and business environment in the broadcasting and TV field.

Because the nature of OTT TV services is different from the nature of traditional broadcasting and TV services, there are also recommendations that the government should consider developing a separate decree on the management, provision and utilization of OTT TV services and online content instead of regulating these services under Decree 6.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

September 17, 2026
Thailand’s Office of the Consumer Protection Board (OCPB) has released for public comment a draft bill to amend the Consumer Protection Act B.E. 2522 (1979), the country’s foundational consumer protection legislation. The draft amendment aims to modernize the nearly five-decade-old framework to address the rapid growth of digital commerce, online advertising, influencer marketing, and new business models. The public consultation period is open until October 10, 2026. Expanded Definitions Covering Digital Commerce The draft significantly broadens several core definitions to capture modern commercial activities: “Consumer” is expanded to include natural persons and nonprofit juristic persons who purchase or receive services, including those solicited by businesses and end users who do not directly pay for the goods or services. “Business operator” now explicitly covers advertising business operators and hired advertising persons, such as influencers and content creators. “Advertising media” is expanded to include digital platforms, social media, and social media user accounts. “Label” now encompasses electronic labels—symbols, codes, or other electronic formats displaying product information. Influencer and Advertising Disclosure Requirements In addition to these expanded definitions, “hired advertising person for selling goods or services” is a new definition covering influencers, content creators, live streamers, affiliate marketers, and virtual online media operators who receive monetary compensation or other benefits for advertising goods or services. Hired advertising persons—including influencers and content creators—must disclose to consumers that content is advertising and reveal their relationship with the business owner. Disclosure is required when the business owner employs the advertiser, pays or provides other benefits for the advertisement, or provides free or discounted products or services. These requirements apply where consumers would not otherwise know that the business has a connection to the person presenting the content. Labeling Requirements for Importers The draft introduces a clearer labeling obligation for importers of label-controlled goods, who must
Read More
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
Read More
September 7, 2026
On September 4, 2026, Thailand’s prime minister convened the first meeting of the Data Center Business Policy Committee. The committee endorsed a draft policy framework for the data center industry and tasked four subcommittees with developing the standards that would sit beneath it, shifting away from fragmented, agency-by-agency approvals toward a unified national strategy aiming to maximize economic value while managing environmental and infrastructure concerns. Proposed Scope and Pillars of the National Data Center Policy Framework The proposed framework would cover all types of data centers, including internal or captive facilities operated within a company or its affiliates, rather than only commercial third-party providers. If adopted in this form, companies running private data centers purely for internal purposes would also become subject to regulatory oversight. Minimum safety and operational standards would be established, with uniform enforcement across all categories. The committee endorsed a draft policy framework with four key pillars: Industrial classification: Data centers exceeding 2 MW would be classified as industrial operations, which may require factory licenses and environmental impact assessments under the Factory Act. Resource pricing: Utility rates would be structured to reflect both direct and indirect costs, supporting green energy and green data center standards. Centralized screening: A centralized review would evaluate project suitability and resource allocation. Operators may be required to submit proposals through periodic “pitching” rounds, where projects are competitively assessed on their potential economic and strategic benefits to Thailand. Digital ecosystem: The framework would prioritize data sovereignty, tax incentives, and conditions promoting domestic digital businesses, AI, and cloud infrastructure. Multidimensional Evaluation Criteria and Subcommittees Four subcommittees will be established to develop standards responsible for the following dimensions: Economic: Criteria for assessing the economic viability of data center projects, for use in prioritizing data centers based on infrastructure readiness, demand type (including AI factories),
Read More
September 4, 2026
Foreign business restrictions on telecommunications, treasury center businesses, and intragroup support services were eased when Thailand published the Ministerial Regulation Prescribing Service Businesses Not Requiring Permission for Foreign Business Operations (No. 5) B.E. 2569 (2026) in the Government Gazette on August 28, 2026. The ministerial regulation expands the categories of service businesses that foreign investors may operate without a foreign business license (FBL) under the Foreign Business Act B.E. 2542 (1999) (FBA). Of particular relevance to the telecommunications, fintech, and technology sectors, the ministerial regulation exempts: Type 1 telecommunications licensees, which do not have their own networks; Treasury center businesses operated in accordance with Thailand’s exchange control regulations; and Certain intragroup administrative, human resources, and information technology management services. Telecommunications Services Foreign-owned businesses providing telecommunications services under a type 1 telecommunications license may now operate without obtaining an FBL. This may streamline market entry for qualifying telecommunications and digital infrastructure businesses. The exemption applies only to the FBA licensing requirement. Operators must continue to comply with applicable requirements under the Telecommunications Business Act and the regulations of the National Broadcasting and Telecommunications Commission, and the change does not affect foreign ownership restrictions applicable to type 2 or type 3 telecommunications businesses. Treasury Center Businesses The ministerial regulation also exempts qualifying treasury center businesses from the FBL requirement. This may facilitate centralized treasury functions in Thailand, including liquidity management, foreign exchange management, and intragroup funding arrangements. Treasury center operations remain subject to applicable requirements of the Bank of Thailand and other competent authorities. Intragroup Administrative, HR, and IT Services Certain administrative, human resources, and information technology management services provided between affiliated entities are also exempt, provided the relevant entities satisfy prescribed ownership or management criteria. The exemption is available where the service provider and recipient are related through specified ownership
Read More