Regulations on social media under decree 147/2024/ND-CP

In the current era of digital technology, social media platforms have become indispensable tools for internet users. Thousands of individuals engage on platforms such as Facebook, Zalo, and TikTok to share information, communicate online, and conduct business transactions in the digital space. However, modernization comes with unforeseen consequences. It is common to encounter news reports about online fraud, defamatory posts, the proliferation of counterfeit goods, or irresponsible statements made on live-streaming platforms. 

Recognizing the need for stricter control, the Government has issued Decree 147/2024/ND-CP on the management, provision, and use of internet services and online information, effective December 25th, 2024 (“Decree 147”). This decree imposes stricter regulations and oversight on social media platforms. This article outlines the key updates in social media providing businesses with a comprehensive overview of the legal framework governing social media activities. 

1. Classification of Social Media Based on the number of total visits 

Decree 147 classifies social media platforms based on the number of regular users as stipulated in point a clause 6 Article 24, as follows: 

• Social networks with high regular visits, referring to social networks with total regular visits in a month (average statistics for 6 consecutive months) of 10.000 visits or more or have more than 1.000 regular users in a month;  
• Social networks with low regular visits, referring to social networks with total regular visits in a month (average statistics for 6 consecutive months) of less than 10.000 visits or have less than 1.000 regular users in a month. 

The greater the number of users, the more stringent the tools and measures needed by the authorities to monitor and mitigate negative social impacts. Consequently, the law requires social media platforms with a high number of regular visits to obtain a Licenses to provide social network services. For platforms with a low regular visits, enterprises are only required to secure a Written confirmations of social network provision notices.(1)

The conditions for obtaining a License for Social Media Service Provision are relatively complex, imposing stricter requirements on enterprises. Nevertheless, all social media platforms must meet the general conditions set forth in clause 4 Article 25 of Decree 147, which include: 

• Being agencies, organizations, and enterprises established under the law of Vietnam with functions, tasks, or professions registered for business posted on the national information portal of enterprise registration in conformity with the provided social network services; 
• Having registered domain names for providing social network services and met the conditions prescribed in Article 26 of Decree 147; 
• Meeting the conditions prescribed in Article 27 of this Decree 147; 
• Adopting measures to manage the content and information according to Article 28 of this Decree 147. 

2. Legal regulations on livestreaming activities  

During the Covid-19 pandemic, when physical trade activities were nearly impossible, livestreaming became a medium that connected people. Livestreaming activities created widespread connections between individuals and increased interaction levels. However, with its growth came unforeseen consequences, such as the proliferation of counterfeit goods, the dissemination of fake news, and defamatory acts.  

Recognizing the impacts of livestreaming, the law has officially introduced regulations to manage this activity. Livestreaming is defined as a feature of social networks or digital platforms for e-transactions allowing user accounts to directly transmit contents and data in the form of sounds and images in real-time.(2)

Under Decree 147, all social media platforms offering livestreaming features or providing revenue-generating activities in any form are required to obtain a Licenses to provide social network services.(3) or social media platforms with a low number of regular users, if they wish to provide livestreaming features or engage in revenue-generating activities, they may apply for the same license. Generally, any social media platform facilitating livestreaming activities must acquire a Licenses to provide social network services.  

Regarding users, those intending to engage in livestreaming for commercial purposes must authenticate their accounts using personal identification numbers as prescribed by laws on electronic identification and authentication.(4)

3. The term of the Licenses to provide social network services has been reduced 

The validity term of the Licenses to provide social network services as regulated in Decree 147 has been shortened compared to the provisions of Decree 72/2013/ND-CP. Under Decree 72/2013/ND-CP, the license’s term was set at 10 years upon request by organizations or individuals.(5)

However, Decree 147 has reduced this term, allowing organizations and individuals to request a maximum validity of no more than 5 years.(6) The license may be renewed only once, for a period not exceeding 2 years. This means the maximum validity of the Licenses to provide social network services is 7 years. After the expiry, enterpires shall apply for a new license. 

4. Enterprise establishes social media platform is obligated to submit periodic reports 

Prior to November 25th of each year, enterprises granted a Licenses to provide social network services are required to submit reports to the competent authorities using Form No. 15 attached as an annex to Decree 147.(7) Whereby, reports may be submitted through either of the following methods: 

• In person or through postal services to the Ministry of Information and Communications of Vietnam (Authority of Broadcasting and Electronic Information) and the local Departments of Information and Communications where their operational headquarters are registered; or 
• On the online public service systems of the Ministry of Information and Communications of Vietnam and the local Departments of Information and Communications. 

Although Decree 147 does not yet stipulate administrative penalties for non-compliance, failure to submit reports as prescribed under Decree 72/2013/ND-CP is subject to fines ranging from VND 20,000,000 to VND 30,000,000.(8)

5. Information required to be displayed on the website

Pursuant to clause 9 Article 24 of Decree 147, enterprises shall ensure that the following information is displayed on their websites: 

• The name of the agency, organization, enterprise, or individual managing the social media platform, along with the name of the supervising agency (if applicable). 
• Contact information, including address, email, and phone number. 
• The name of the person responsible for content management and the licensed/verified social media platform logo. 
• The license/confirmation document that is still valid, including its issuance date, month, year, and issuing authority. 
• The name of the platform and the type of service (general information website or social media). The type of service must be displayed directly beneath the platform name, with a font size two-thirds the size of the platform name and in a color that does not blend with the background. The platform name must not be identical or similar to the name of any press agency or use terms (in Vietnamese or equivalent foreign languages) that could cause confusion with press or journalism activities, such as “newspaper,” “station,” “magazine,” “news,” “radio,” “television,” “media,” “agency,” or “press office.” 
• For social media accessed via domain name: The platform name and type of service must appear at the top of the homepage, while other required information should be displayed at the bottom of the homepage. 
• For social media accessed via applications: The platform name and type of service must appear at the top of the main application interface, while other required information should be located in the “Contact Information” section. 

(1) Point b clause 6 Article 24 Decree 147/2024/ND-CP. 

(2) Clause 30 Article 3 Decree 147/2024/ND-CP. 

(3) Point d clause 6 Article 24 Decree 147/2024/ND-CP. 

(4) Point b clause 3 Article 27 Decree 147/2024/ND-CP. 

(5) Clause 6 Article 23 Decree 72/2013/ND-CP. 

(6) Point a clause 7 Article 24 Decree 147/2024/ND-CP. 

(7) Clause 10 Article 24 Decree 147/2024/ND-CP. 

(8) Point g clause 1 Article 100 Decree 15/2020/ND-CP. 

See more:

1/ Dealing with fake news on social media in Vietnam

2/ Violating intellectual ownership rights on social media, how to handle?

3/ Do employees working part-time shifts need to participate in social insurance?

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