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​ 

August 4, 2026
Thailand’s Personal Data Protection Act B.E. 2562 (2019) (PDPA) could soon see some important changes, as a draft bill to amend the PDPA has been introduced in the House of Representatives. The draft amendment is currently in the public consultation phase, with comments accepted from July 16 to August 15, 2026. If enacted in its current form, the amendment would make three key changes: expanding the government exemption to cover anticorruption operations, introducing a statutory definition of “government agency,” and restructuring the lawful bases for personal data processing to align with international standards. Background The PDPA has encountered several enforcement challenges since its implementation, including three core problems identified by the bill’s sponsors: (1) the current exemptions for government agencies do not cover anticorruption and misconduct-prevention operations; (2) the PDPA lacks a clear statutory definition of “government agency,” causing legal uncertainty as to which entities are covered; and (3) the existing framework for lawful bases of data processing does not align with international standards—particularly the multiple-lawful-bases system in the EU’s General Data Protection Regulation (GDPR)—making compliance inflexible for both government and private sector entities. Expanded Government Exemption The current PDPA exempts government agencies performing duties related to national security (including fiscal security), public safety, anti-money laundering, forensic science, and cybersecurity. The proposed amendment adds “prevention and suppression of corruption and misconduct” to this list of exempted functions. This would allow anticorruption bodies—most notably the National Anti-Corruption Commission (NACC), which is identified as a directly affected party—to collect, use, and disclose personal data without being subject to PDPA requirements when carrying out their duties. New Statutory Definition of “Government Agency” Notably, while the current PDPA use the term “government agency” in several provisions, the term is not comprehensively defined, creating potential uncertainty as to its scope. The draft bill therefore
Read More
August 3, 2026
On July 23, 2026, the Bank of Thailand (BOT) released for public comment its draft Notification on Digital Channel Security, which would significantly expand the scope and stringency of Thailand’s existing mobile banking security framework. If finalized in its current form, the draft notification would extend mandatory security requirements to credit card providers and credit providers, cover internet banking in addition to mobile applications, phase out SMS one-time passwords (OTPs) for transaction authentication, and introduce biometric verification requirements for high-value transactions. The public comment period is open through August 24, 2026. Background The BOT’s existing Mobile Banking Security Notification, issued in 2024, sets minimum security standards for financial institutions, specialized financial institutions (SFIs), and e-money providers, significantly reducing “money-draining app” fraud. However, fraudsters have since shifted to nonbank providers and internet banking channels, prompting the BOT to propose broader security requirements. Expanded Scope of Regulated Entities and Channels The existing Mobile Banking Security Notification covers only financial institutions, SFIs, and e-money providers offering mobile banking services. The draft expands coverage in two key areas: entities and channels. On the entity side, it adds credit card providers and credit providers that offer fund transfers to third parties at other financial service providers or that provide cash withdrawal services to individual retail customers. On the channel side, it broadens coverage to include internet banking in addition to mobile banking. Strengthened Customer Authentication The draft introduces enhanced authentication requirements in three areas: Service enrollment and device changes. Providers must implement rigorous identity verification, notify customers of enrollment results through out-of-band communication channels, and adopt risk-mitigation measures such as cooling-off periods and temporary transaction limits. Transaction-level authentication. Providers must use two-factor authentication for fund transfers, cardless ATM withdrawals, and transaction limit increases. Secure authentication factors. Key requirements include the following: “What-you-know” factors must
Read More
July 28, 2026
Data protection officers (DPOs) have become a fixture of Thailand’s privacy compliance landscape since the Personal Data Protection Act B.E. 2562 (2019) (PDPA) took full effect and the Office of the Personal Data Protection Committee (PDPC) began requiring certain organizations to appoint them. On July 7, 2026, the Office of the PDPC presented draft guidance on DPOs as part of a public consultation on a series of draft personal data protection manuals and recommendations. The draft offers the clearest indication yet of how the regulator expects the DPO role to work in practice, addressing recurring implementation issues under the PDPA—including when an organization must appoint a DPO, how the DPO should operate independently, how to manage conflicts of interest, and how data subjects and regulators should be able to contact the DPO. Because it remains in draft, organizations have an opportunity to weigh the practical implications now before the guidance is finalized. When a DPO Must Be Appointed The draft guidance clarifies the triggers for mandatory DPO appointment, including: Regular and systematic monitoring of personal data or systems on a large scale, such as tracking, analyzing, or predicting behavior, attitudes, or individual characteristics. Core activities involving large-scale processing of sensitive personal data, such as health data, biometric data, or criminal records. Certain foreign-organization representative arrangements. Public-sector coverage under relevant notifications identifying government entities that must appoint a DPO. Processing involving 100,000 or more data subjects may be considered large-scale. The guidance also contemplates voluntary DPO appointment for organizations that wish to raise their privacy governance standards, and such organizations should still comply with the standards applicable to DPOs under the law. Independence and Reporting Lines The draft guidance identifies lack of DPO independence as a core risk because an ineffective or constrained DPO may be unable to raise deficiencies
Read More
July 27, 2026
Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement. From notice-and-takedown to platform responsibility The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach. Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available. Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model. The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur. This obligation addresses one
Read More