Vietnam’s Decree No. 163/2024/ND-CP (Decree 163), which has been in full effect since January 1, 2025, provides crucial guidance on the implementation of Vietnam’s 2023 Telecom Law. Decree 163 replaced Decree No. 25/2011/ND-CP dated April 6, 2011 (Decree 25), which guided the implementation of the previous 2009 Telecom Law, and introduces many notable changes to the regulations on telecom service provision. Some key changes that will impact businesses engaged in the telecom sector in Vietnam are detailed below. 1. Classification of Telecom Services The classification of telecom services into “basic telecom services” and “value-added telecom services” has been retained, in alignment with Vietnam’s WTO commitments in the telecom sector. However, Decree 163 expands the scope of both categories, as follows: Basic telecom services: “Transmission services for machine-to-machine (M2M) communication” and “leasing services of all or part of the telecom network” are added. “Image transmission services” is changed to “transmission services for radio and television.” Value-added telecom services: “Data center services,” “cloud computing services,” and “basic telecom services over the internet” (also known as over-the-top (OTT) telecom services) are added. 2. M2M Communication Services Since M2M communication services are classified as basic telecom services, without exception, they are subject to the same regulatory framework. Specifically: Cross-border provision: M2M communication services provided across borders must be conducted through a commercial agreement with a Vietnamese telecom enterprise licensed to provide telecom services with an international communication scope. Onshore provision: Onshore M2M communication services will require a telecom license. 3. New Telecom Services (Data Center, Cloud, and OTT Telecom Services) The 2023 Telecom Law adopted a light-touch management approach for data center, cloud, and OTT telecom services by not requiring the same licensing as previously regulated value-added telecom services, but instead mandating registration or notification before service provision. Decree 163 offers clearer guidance

Tilleke & Gibbins has contributed the Vietnam chapter to Data Protection 2025, a comprehensive comparative guide in the Law Over Borders series from Global Legal Post. This Q&A-style resource offers detailed insights into data protection regulations across multiple jurisdictions, serving as an essential reference for organizations managing personal data in today’s global business environment. The Vietnam chapter examines the evolving data protection landscape in Vietnam, including analysis of relevant provisions in the Cybersecurity Law, the Law on Information Technology, and the upcoming Personal Data Protection Decree. The chapter addresses key aspects of data protection through the following topics: Regulatory framework: Analysis of national laws regulating personal data, jurisdictional scope, application to different entities, and regulated data processing activities. Data categories and processing: Overview of regulated personal data types, special categories requiring enhanced protection, and lawful processing requirements. Compliance requirements: Explanation of controller and processor obligations, technical and organizational measures, and data subject rights. Commercial communications and international transfers: Rules governing direct marketing and cross-border data flows. Regulatory oversight: Details on enforcement powers, investigation procedures, sanctions, and remedies for noncompliance. Tilleke & Gibbins also contributed the Thailand chapter to Data Protection 2025. Readers can access the complete Data Protection 2025 guide through Global Legal Post’s Law Over Borders platform.

Tilleke & Gibbins has contributed the Thailand chapter to Data Protection 2025, a newly published comparative guide from Global Legal Post’s Law Over Borders series. This comprehensive Q&A-style resource provides insights into data protection regulations across multiple jurisdictions worldwide, offering valuable guidance for businesses navigating the complex landscape of global data privacy requirements. The Thailand chapter offers a detailed analysis of the country’s data protection framework, with particular focus on the Personal Data Protection Act (PDPA) that came into full effect in 2022. The chapter addresses key aspects of data protection in Thailand through the following topics: Regulatory framework: National laws governing personal data, scope of application, territorial reach, and regulated operations. Data categories and protection: Types of personal data covered, special categories subject to enhanced protection, and processing requirements. Compliance obligations: Requirements for lawful processing, organizational responsibilities, and data subject rights. Marketing and cross-border considerations: Rules for commercial communications and international data transfers. Enforcement mechanisms: Regulatory powers, investigation procedures, sanctions, and remedies for noncompliance. Tilleke & Gibbins also contributed the Vietnam chapter to Data Protection 2025. Readers can access the complete Data Protection 2025 guide through Global Legal Post’s Law Over Borders platform.

Vietnam’s Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (Decree 147) was issued on November 9, 2024, and came into effect on December 25, 2024. Decree 147 represents a more stringently regulated digital landscape in Vietnam, creating challenges not only for offshore service providers offering cross-border services but also for onshore providers. As these new regulations impose stricter requirements, particularly in areas like content control, user authentication, data storage, and service license/notification, companies will need to adapt quickly to maintain compliance and minimize legal risks. The following are some of the key topics covered by Decree 147. [Note: Shortly after the issuance of Decree 147, Vietnam began a government restructuring process, with the aim of streamlining the government by consolidating and eliminating various ministries and agencies. Thus, the decree’s references to authorities such as the Authority of Broadcasting and Electronic Information (ABEI) and the Ministry of Information and Communications (MIC) are subject to change.] 1. Cross-Border Information Provision Cross-border information provision is defined broadly as the provision by overseas organizations and individuals of information and online information content services for service users in Vietnam to access or use. This wide-ranging definition encompasses various types of cross-border services, including social network services, online game services, and app store services. However, cross-border provision of online game services remains prohibited under Decree 147 (see further details below). Offshore providers of services on a cross-border basis who lease data storage in Vietnam or meet a threshold of 100,000 or more total visits per month from Vietnam for six consecutive months (“regulated cross-border providers”) must adhere to stricter requirements. Specifically, they are required to, among other requirements: Notify the relevant authority of their contact information, including the location of the main server providing the service, within 60