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

April 17, 2023

Vietnam: Draft Circulars Set Out Rating Systems for Film and Non-Film Content

Subscribe to Updates

Since the issuance last October of Decree No. 71/2022/ND-CP (“Decree 71”), the differentiation of film vs. non-film content has become increasingly important for pay-TV service providers in Vietnam, because they are subject to completely different licensing requirements. With the effectiveness of Decree 71 on January 1, 2023, overseas providers of over-the-top (OTT) pay-TV services, including video on demand (VOD) content, to Vietnamese users are subject to licensing requirements and the establishment of a local presence in Vietnam. Meanwhile, the new Cinema Law promulgated on June 15, 2022, and its guiding Decree No. 131/2022/ND-CP dated December 31, 2022—both of which also took effect on January 1, 2023—do not impose any licensing requirements on film disseminators.

Although there are ambiguities in Decree 71’s wording, the Ministry of Information and Communication (MIC) and the Authority for Broadcasting and Electronic Information (ABEI) under the MIC have confirmed orally in a closed industry meeting, without written confirmation, that for VOD film-only content, OTT pay-TV service providers are exempted from the licensing requirements of Decree 71 and are instead subject to regulations of the Cinema Law. This is why film vs. non-film content has become critical in shaping the business models of overseas pay-TV service providers.

In this article, we provide an overview of the current regulations and draft regulations with regard to the classification/rating of film content under the regulations of the Cinema Law and its sub-laws, and the classification/rating of non-film content under the regulations of Decree 71.

 

Film Classification/Rating

Under the Cinema Law, “films” are defined to include feature films, documentaries, cartoons, and films of combined genres. The law explicitly provides that “films” do not include recorded products for disseminating news, art shows, video games, recorded products that show the activities of one or more people and describe events and situations, or reality shows. These exclusions could be interpreted to be “non-film” content.

Starting from January 1, 2023, in respect of film dissemination in cyberspace (notably including the streaming of films in the form of OTT TV services), onshore and offshore film disseminators are permitted to self-rate their films according to the government’s regulations before disseminating them in cyberspace, and they must display film ratings and warnings according to the regulations of the Ministry of Culture, Sports and Tourism (MOCST). However, if (i) the disseminators do not meet the conditions for self-rating of the films set out by law and (ii) such films have not yet been granted a Film Classification License or a Broadcast Decision (as the case may be), the film disseminators must request the MOCST or its authorized agency to rate the films for them.

Decree 131 provides the set of conditions for a film disseminator to perform the mandatory self-rating of films to be disseminated in cyberspace, which include:

  • Having a film rating council or technical software or a mechanism to rate the films according to Vietnamese regulations on film rating and taking responsibility for the results of the film rating;
  • Having a plan to amend and update film rating results at the request of the cinematography authority (for most providers, this is the Cinematography Department under the MOCST);
  • Having an administrative tool to support the rating of films according to each of the rating criteria and to flexibly display the updated rating immediately after the rating is changed; and
  • Having a technical plan and process for suspending and removing films at the request of the cinematography authority. Upon a request for removal of the film, the disseminator must proceed to implement the removal functionality available on the administrative tool.

In addition, Decree 131 also provides for the formality requirements for an online film disseminator to request recognition from the MOCST that they meet the self-rating conditions, as well as the procedures for the MOCST to receive and handle the dossier.

With regard to age rating, from January 1, 2023, the Cinema Law prescribes the following new categories for films:

  • P rated: Eligible for dissemination to viewers of all ages.
  • K rated: Eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians.
  • T13 rated (13+): Eligible for dissemination to viewers from 13 years old or older.
  • T16 rated (16+): Eligible for dissemination to viewers from 16 years old or older.
  • T18 rated (18+): Eligible for dissemination to viewers from 18 years old or older.
  • C rated: Prohibited from dissemination.

Apart from age ratings, online film disseminators (OTT TV service providers) are also required to display rating descriptors and warnings. The requirements are provided in a draft circular of the MOCST on film rating criteria and instructions for displaying age ratings and rating descriptors that was issued for public comments on September 21, 2022 (“Draft Circular on Film Ratings”). The Vietnamese version of this Draft can be accessed here and its Appendix can be accessed here.

According to the Draft Circular on Film Ratings, the rating descriptors on OTT TV platforms must appear on a black stripe displayed on the screens before the film starts; while the rating must be clearly and prominently displayed before the film starts and must keep appearing in the left corner of the screen during the entire streaming period. For example, the rating and rating descriptor for T18 films (films that are allowed to be disseminated to viewers aged 18 and over) should be displayed as: “T18: Strong violence, sex, language, drug abuse.” Rating descriptors are mandatory for films rated T13, T16, and T18; for films rated below T13, these descriptors are not mandatory, but are recommended.

 

Non-Film VOD Classification/Rating

Currently, under Decree 71, there are only regulations on the rating of sports and entertainment programs, which are subject to being self-edited and self-rated by the licensed OTT service providers before being provided on OTT services, and must display warnings throughout the process of provision of services in order to ensure that the programs do not commit violations of the law.

Detailed proposed regulations for the rating of these sports and entertainment programs have been provided in a Draft Circular on Non-Film VOD Content Rating (“Draft Circular on Non-Film Ratings”), the Vietnamese version of which was posted on the MIC website for public consultation from February 27 to April 27, 2023, and can be accessed here.

Under the Draft Circular on Non-Film Ratings, the age ratings for entertainment programs are similar to those for films under the Cinema Law as mentioned above (i.e., P, K, T13, T16, T17, C), with further details provided in an appendix.

The ratings for entertainment programs are based on factors including 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.

In general, entertainment programs are to be rated in consideration of 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 viewers and listeners, in which the importance of the context and the level of impact on viewers and listeners are priority factors in rating the program.

Entertainment programs are rated at a lower level (e.g., P, K, T13) when:

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

Entertainment programs are rated at a more stringent level (e.g., T18, C) 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.

The principles for displaying the rating descriptor of entertainment programs include:

  • The rating must be displayed clearly and prominently in the program introduction/display folder on the device’s screen interface so that listeners and viewers 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.

 

Warnings for Non-Film Content

The Draft Circular on Non-Film Ratings also provides principles for displaying warnings, as follows:

  • For entertainment programs classified from K to T18 and sports programs in extreme sports, combat sports, and martial arts: 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 based on real-life events: There must be warning content addressing that viewers should not imitate and follow the acts in these programs. In these programs, there must be warning text at the bottom of the screen during the program.
  • C-rated programs are not allowed to be provided on the service.

The display of a warning must be done before and during the broadcast of the program using one or more appropriate methods, including but not limited to verbal or written warnings, such as:

  • For TV programs and audiovisual programs: Display/play a written or verbal warning at least three seconds before the broadcast, right below the rating icon for entertainment programs; display the warning up to three times during program broadcast for programs with a duration of 15 minutes or more.
  • For radio programs and audio-only programs: Play a verbal warning at least three seconds before broadcasting the program.

 

Outlook

Because VOD OTT TV service providers, under the Cinema Law and Decree 71, can now self-rate films and non-film content, it is important that they know how this rating is regulated in order to fully comply with Vietnamese law before providing VOD OTT TV services to Vietnamese users.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

September 30, 2026
On September 15, 2026, Vietnam’s Ministry of Finance (MOF) released for public consultation a draft circular on reporting and information disclosure in the pilot crypto asset market. The draft implements Resolution No. 05/2025/NQ-CP on the Pilot Implementation of the Crypto Asset Market in Vietnam and provides further detail on how licensed crypto asset service providers (“CASPs”) will be supervised once the market becomes operational. The draft indicates a data-intensive supervisory model, with licensed CASPs serving as the first line of market oversight. Public Disclosure Requirements The draft imposes detailed public disclosure requirements on CASPs, aimed primarily at market transparency. CASPs and crypto asset issuers must make disclosures in both Vietnamese and English, retain reported and disclosed information for at least 10 years, and keep information published on their websites accessible for at least five years. For CASPs, disclosure obligations arise both periodically and when specific events occur. A CASP must announce any crypto asset to be admitted to trading on its website at least seven days before trading begins and publish periodic financial statements. Certain extraordinary events and information requested by the MOF must generally be disclosed within 24 hours. CASPs must also provide ongoing market information. During trading hours, they must publish key trading data, including prices and volumes, daily highs and lows, average prices, the three best bid and offer levels, and transactions by foreign investors. By 9:00 a.m. each trading day, they must publish specified information on the previous day’s trading activity. Regulatory Reporting Requirements Separate from public disclosure, the draft requires CASPs to provide regulators with detailed information enabling ongoing supervision of their operations and the market. For market activity, CASPs must report decisions to admit or remove a crypto asset from trading within 24 hours, submit previous-day trading data to the State Securities Commission
Read More
September 24, 2026
Vietnam is implementing and developing a broad package of regulatory reforms that could reshape how IP, data, digital platforms, and product authenticity are regulated and enforced. Several of the key measures have been led by the Ministry of Public Security in its legislative and administrative capacity, as part of a broader government effort. The core reform package consists of four key legal instruments: proposed amendments to the Criminal Code, a proposed new Data Security Law, a draft Decree on Product Identification, Authentication and Traceability, and the newly enacted Decree No. 330/2026/ND-CP. These instruments include rules on criminal enforcement, data security, electronic identification, product identification and traceability, administrative violations, and cybersecurity sanctions. Combined, these measures will affect copyright enforcement, industrial property rights, trade secrets, AI training data, product provenance, online takedowns, valuation of counterfeit goods and electronic evidence. It is worth noting that, in addition to strengthening criminal penalties for IP crimes, Vietnam’s emerging regulatory framework increasingly treats infringement, data misuse, product authentication, and platform-enabled violations as interconnected regulatory and enforcement challenges. For rights holders and foreign investors, this could mean stronger tools against counterfeiting and online infringement, but also more compliance obligations around data, traceability, AI, platform controls and government-facing reporting. Expansion of Criminal IP Enforcement Proposed amendments to Article 225 of the Criminal Code would expand criminal copyright exposure beyond reproduction and distribution to cover large-scale commercial public performance and online communication of works, phonograms and video recordings. This is important because piracy is increasingly about streaming, unauthorized communication, and platform access models rather than physical copying. Aggravated copyright infringement could be subject to up to 10 years in prison for individuals and fines of up to VND 6 billion (about USD 228,300) for commercial legal entities. The amended Article 226 would expand criminal industrial property liability beyond
Read More
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