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 10, 2023

Vietnam Issues Guidance on Law on Cinema

Subscribe to Updates

The National Assembly of Vietnam promulgated a new Law on Cinema in June 2022 with an effective date of January 1, 2023. To guide the implementation of the new law and the sanctioning of administrative violations thereof, the government of Vietnam issued two related decrees in the final days of 2022.

Cinema Decree

On December 31, 2022, the government issued Decree No. 131/2022/ND-CP elaborating a number of articles of the Cinema Law (“Cinema Decree”), which took effect with the new law on January 1, 2023.

Among the many issues under the Cinema Law guided by the Cinema Decree, one that is critical to over-the-top (OTT) media service providers is the set of conditions for performing the mandatory self-rating of films to be disseminated in cyberspace. According to the Cinema Law, meeting the film self-rating conditions is one of the prerequisites for online dissemination of films. If a film disseminator does not meet these conditions, it would be required to request the Ministry of Culture, Sports and Tourism (MOCST) to perform the rating.

The conditions for online disseminators to self-rate their films have now been set out under Article 12 of the Cinema Decree. Accordingly, these conditions 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 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.
  • 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.

These officially enacted conditions are much more relaxed compared to those proposed in the first draft of the Cinema Decree (released for public consultation in October 2022), which required that a foreign film disseminator (e.g., an OTT service provider), among other conditions, must establish a local enterprise in Vietnam or enter into a business cooperation agreement with a local company to be eligible to perform the self-rating of films. This proposed requirement under the draft Cinema Decree was subject to heated discussions among relevant stakeholders at the time. The government seems to have taken industry opinions into consideration and decided to change the burdensome conditions.

The Cinema Decree also provides 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 (in Article 12.2 and 12.3).

In addition, the Cinema Decree gives details on the following critical obligations of online film disseminators:

  • To notify the MOCST of the list of films to be disseminated and the self-rating results of the films before disseminating films in cyberspace (Article 13).
  • To implement necessary technical measures for parental control, for display of warnings on inappropriate and age-restricted content, and for receiving and handling platform users’ complaints and reports on violations in relation to content, technical measures, or other violations of law (Article 14).
  • To provide contact points and contact information for receiving and handling requests from the cinematography authority (Article 15.1).
  • To stop disseminating and to remove violating films within 24 hours and other illegal content within 3 to 5 days upon the cinematography authority’s request (Article 15.2).

Cinema Sanction Decree

On December 30, 2022, the government issued Decree No. 128/2022/ND-CP amending Decree 38/2021/ND-CP on penalties for administrative violations in the field of culture and advertising (as previously amended by Decree 129/2021/ND-CP), focusing on the addition of sanctions for new violations in the field of cinematography (“Cinema Sanction Decree”). The Cinema Sanction Decree takes effect on February 15, 2023.

Some of the notable sanctions stipulated by the Cinema Sanction Decree include:

  • A monetary fine of VND 40–60 million (approx. USD 1,700–2,555) and forcible removal of the disseminated film for the act of online film dissemination without rating the film and displaying the rating results (Article 7.2b).
  • A monetary fine of VND 20–40 million (approx. USD 850–1,700) and forcible removal of disseminated films for the failure to notify the MOCST of the list of films to be disseminated and the results of film rating (Article 10.7a).
  • A monetary fine of VND 40–60 million (approx. USD 1,700–2,555) and forcible removal of disseminated films for the failure to provide contact points and contact information for receiving and handling requests from state authorities and feedback, complaints, and denunciations from service users according to the law (Article 10.7b).
  • A monetary fine of VND 60–80 million (approx. USD 2,555–3,400) and forcible removal of disseminated films for the failure to implement technical solutions and coordinate with competent state authorities in removing and preventing infringing films as prescribed by law (Article 10.7c).
  • A monetary fine of VND 80–100 million (approx. USD 3,400–4,260) and forcible removal of disseminated films for the failure to ensure the conditions for self-rating of films (Article 10.7d).
  • A monetary fine of VND 80–100 million (approx. USD 3,400–4,260) and forcible removal of disseminated films for the failure to implement necessary technical measures for parental control and for receiving and handling platform users’ complaints and reports (Article 10.7dd).
Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

January 30, 2026
Thailand’s Data Privacy Day 2026, hosted by the Office of the Personal Data Protection Committee (PDPC), underscored the country’s commitment to strengthening personal data protection, advancing regulatory maturity, and preparing organizations for the next phase of PDPA enforcement. The event marked a clear shift from policy-level compliance toward “Privacy in Action,” signaling that operational readiness and real-world implementation are now priorities. The Office of the PDPC also emphasized that data protection is now a national economic enabler that supports digital trust, competitiveness, and sustainable growth, not just a compliance obligation. The following insights summarize the key takeaways from the Data Privacy Day 2026 event. PDPA in Real Life: What Happens to Your Data Today The Office of the PDPC provided concrete data on enforcement trends and real-world compliance issues facing organizations across Thailand. Complaints and trends. The Office of the PDPC’s Personal Data Protection Act (PDPA) Center recorded 2,672 PDPA-related complaints as of January 2026, with the highest volumes involving failure to comply with the data minimization principle, collection without lawful basis, and use and disclosure without lawful basis. Administrative penalties. Several administrative penalties have been imposed on data controllers and data processors across various sectors, including government, healthcare, retail, SMEs and e-commerce, ranging from tens of thousands to several million baht. Most violations stemmed from weak security measures, failure to notify data breaches within the required timeline, absence of a data protection officer (DPO) when required, and noncompliance with governance requirements such as the Record of Processing Activities (ROPA) and data processing agreements with data processors. Case studies. The Office of the PDPC highlighted specific examples of violations: Hospitals misused personal data for purposes beyond their intended scope (e.g., using personal data collected for providing medical services to send birthday cards) Vendors compromised systems due to inadequate password
Read More
January 29, 2026
Following the recent enactment of a comprehensive legal framework addressing sexual harassment, Thailand has launched a fast-track judicial process enabling victims of online sexual harassment to obtain court orders suspending and removing obscene content from the internet. On January 26, 2026, the Office of the Judiciary introduced the “Take It Down” procedure through the Court Integral Online Service (CIOS) platform, providing victims with their first direct, expedited pathway to halt the spread of online content that violates the new legal provisions against sexual harassment. This new remedy stems from section 284/4 of the Penal Code, introduced through the Act Amending the Penal Code (No. 30) B.E. 2568, which took effect on December 30, 2025. Under section 284/4, an injured person or a competent official may petition the court to suspend dissemination of violating data and remove the data from computer systems within a court-specified period. The court may also direct system controllers, service providers, or competent authorities to carry out the order and report back within 15 days. Filing through the CIOS Platform The CIOS platform serves as the primary electronic channel for these petitions. Key features include: Individuals can file online without appearing in person and may submit petitions at any time the system is available. Users must complete digital identity verification via the ThaID application to access the CIOS. Petitions under section 284/4 are limited to requests to suspend or remove violating content. Claims for monetary damages must be pursued separately, including via separate proceedings or prefiling mediation. Streamlined Review Process The submission workflow is end-to-end electronic, and the system provides step-by-step guidance. After submission, court staff review the petition before presenting it to a judge for consideration. The court may conduct an online inquiry to obtain additional information, and in-person attendance is required only if deemed
Read More
January 22, 2026
On January 20, 2026, Vietnam’s Ministry of Finance (MOF) issued Decision No. 96/QD-BTC to formally launch pilot administrative procedures for licensing crypto asset trading market services in Vietnam. The decision took immediate effect and implements the government’s pilot crypto asset market program under Resolution No. 05/2025/NQ-CP. Notably, competent authorities have now begun accepting license applications, marking the first time Vietnam has operationalized a licensing pathway for crypto trading market operators. Administrative Procedures and Applications The decision stipulates procedures for (i) granting, (ii) adjusting, and (iii) revoking licenses to provide services for organizing crypto asset trading markets. It provides detailed, step-by-step guidance for each procedure, including dossier composition, internal review stages, coordination mechanisms, and statutory timelines. These procedures apply specifically to entities seeking to organize and operate crypto asset trading markets within Vietnam’s pilot regulatory framework. The MOF is the authority responsible for reviewing and deciding on the above procedures, with the State Securities Commission acting as the receiving, coordinating, and procedural focal point. For licensing applications, the MOF will coordinate with multiple authorities, including the State Bank of Vietnam and the Ministry of Public Security, particularly in relation to anti-money laundering, cybersecurity, system safety, and risk control requirements. Applications may be submitted in person, by post, or electronically via the National Public Service Portal or the administrative procedure information system, in line with applicable regulations. Statutory processing timelines vary depending on the specific procedure and stage involved. For applications to obtain a license to organize a crypto asset trading market, the process is conducted in multiple phases: The MOF will issue an initial written response within 20 working days from receipt of a complete and valid initial dossier, following which, upon submission of the full set of required documents, the MOF will complete substantive review and issue the license
Read More
January 21, 2026
On January 16, 2026, Thailand’s Electronic Transactions Committee released for public comment a draft notification that would require social media platforms operating in Thailand to implement identity verification for all user accounts and advertisers, with enhanced scrutiny for high-risk advertising activities. If finalized in its current form, the Notification on Measures to Prevent Technology Crime for Social Media Service Providers would take effect 180 days after publication in the Government Gazette, fundamentally changing how platforms verify users and monetize advertising services. The public comment period is open through February 2, 2026. Mandatory User and Advertiser Identity Verification The draft establishes a universal requirement that all social media service providers implement identity verification measures for every user account. The draft imposes stricter verification obligations for advertisers than for general users. Before publishing any advertisement, platforms must verify the advertiser’s identity at a level sufficient to identify the advertiser, unless the advertiser has previously completed verification. Risk-Based Advertisement Verification The identification requirements for advertisers will be more stringent in the following cases: The advertiser has a history of user complaints or has previously violated the platform’s terms of service. The advertisement involves finance, investment, loans, sensitive personal data, or content flagged as potentially involving cybercrime. The advertisement specifically targets vulnerable groups, such as the elderly or other at-risk demographics. In such cases, platforms must conduct identity verification using government-issued identification documents and must confirm the accuracy, authenticity, and currency of these documents with the issuing government agencies. Alternatively, platforms may verify identity through an eligible digital identity verification and authentication system provider. Information Retention Platforms must retain specific information for each advertiser, including the name of the individual or juristic person and any representatives, government-issued identification documents such as ID cards, passports, or certificates of incorporation, and reachable contact information including
Read More