License for an Online Social Network in Vietnam

Obtaining a license for an online social network is a mandatory legal procedure for any organization or enterprise before providing such services in Vietnam. A comprehensive understanding of the conditions, application dossier, and procedural sequence is critical for a successful licensing application. This analysis by Long Phan Consulting Company provides a detailed guide to navigating this process.

Conditions for a License for an Online Social Network

Pursuant to Point k, Sub-section 11, Section II, Appendix I, issued with Decision No. 682/QD-BVHTTDL, an applicant must satisfy the following conditions to receive a license for an online social network:

1. Legal Status

The applicant must be an agency, organization, or enterprise established under Vietnamese law. Its registered business lines, as published on the National Business Registration Portal, must be consistent with the social network services it intends to provide.

2. Domain Name Registration

The applicant must have registered a domain name for the social network service that complies with Article 26 of Decree 147/2024/ND-CP:

• Naming Convention: For entities other than press agencies, the domain name must not resemble or coincide with the name of a press agency. It cannot contain words (in Vietnamese or equivalent foreign languages) that could cause confusion, such as “Press,” “Magazine,” “News,” “Radio,” or “Television.”
• Primary Domain and Data Storage: The social network must use a “.vn” domain name as its primary domain. All user data must be stored on a server system with an IP address located in Vietnam.
• Domain Validity: The “.vn” domain must be registered to the applicant and have at least six months of validity remaining at the time of application. International domain names require legal verification of usage rights.

3. Organizational, Personnel, and Technical Requirements

The applicant must meet the standards outlined in Article 27 of Decree 147/2024/ND-CP.

Personnel and Organization:

• Establish separate departments for content management and technical operations. The head of content management must be a Vietnamese citizen.
• Maintain a head office with a verifiable address and contact telephone number.

Technical System:

• The technical system must be capable of:
  • Storing account information, login/logout times, user IP addresses, and content processing logs for a minimum of two years.
  • Receiving and processing violation reports from users.
  • Detecting, warning, and preventing illegal access and cyber-attacks.
  • Implementing a backup plan to ensure continuous operation and disaster recovery.
  • Maintaining at least one server system in Vietnam to facilitate inspection and data provision to authorities upon request.
• The system must also have the following capabilities for a license for an online social network:
  • Store registration information for Vietnamese users, including full name, date of birth, and a Vietnamese mobile number or personal identification number. For users under 16, a parent or legal guardian must register and supervise the account.
  • Verify user accounts via a Vietnamese mobile number. Only authenticated accounts are permitted to post content (articles, comments, livestreams).
  • Block or remove content that violates Article 8 of the Law on Cybersecurity or intellectual property regulations upon request from competent authorities like the MCST or the Ministry of Public Security.
  • Implement a mechanism to filter and warn users about content that violates Article 8 of the Law on Cybersecurity.

4. Content Management Measures

The platform must implement content management policies as required by Article 28 of Decree 147/2024/ND-CP:

• Publish a Terms of Service Agreement on the homepage. Users must agree to these terms before accessing the service.
• Maintain a 24/7 team to handle requests from Vietnamese authorities and address user complaints.
• Implement a content moderation solution.
• Establish measures to protect user data and secure user consent before collecting or sharing their information.
• Prohibit the production of journalistic content such as reports, investigations, or interviews.
• Classify and display warnings for content unsuitable for children.

>>> See more at: Procedures for applying for a license to establish a social network

Competent Licensing Authority

According to Point e, Sub-section 11, Section II, Appendix I of Decision No. 682/QD-BVHTTDL, the Ministry of Culture, Sports and Tourism (MCST) is the sole authority competent to issue a license for an online social network. The Authority of Broadcasting and Electronic Information (ABEI) is the specialized agency responsible for receiving and appraising the application dossiers.

Required Application Dossier

Based on Point c, Sub-section 11, Section II, Appendix I of Decision No. 682/QD-BVHTTDL, the applicant must prepare one set of documents containing:

• Application Form: An application for a license to provide social network services (using Form No. 17 from Decree No. 147/2024/ND-CP).
• Legal Documents: A valid certified copy of the Enterprise Registration Certificate or equivalent legal document.
• Operational Scheme: A detailed document, certified by the legal representative, outlining the service scope, personnel structure, technical plans, content management measures, and the location of the server system in Vietnam.
• Terms of Service Agreement: A document detailing prohibited acts, user rights and responsibilities, the provider’s obligations, violation handling mechanisms, and the user data privacy policy.
• Interface Screenshots: Printouts or scans of the homepage and main category pages of the proposed social network.

>>> See more: Form No. 17 – Decree No. 147/2024/ND-CP.

Licensing Procedure

The procedure for obtaining a license for an online social network follows a clear sequence defined in Point a, Sub-section 11, Section II, Appendix I of Decision No. 682/QD-BVHTTDL.

• Step 1: Access the National Public Service Portal The enterprise accesses the portal at dichvucong.gov.vn and registers an account.
• Step 2: Prepare the Electronic Dossier The applicant prepares one complete set of the required documents in electronic format, including a digital signature where required.
• Step 3: Submit the Dossier Online The applicant submits the prepared electronic dossier through the portal.
• Step 4: Dossier Appraisal Within 25 working days of submission, the ABEI appraises the dossier, assessing its legal validity and the feasibility of the Operational Scheme.
• Step 5: License Issuance If the dossier is valid and all conditions are met, the MCST will issue the license. If refused, the Ministry will provide a written response stating the reasons.
• Step 6: Attach Confirmation Code After licensing, the enterprise receives a code from the ABEI to embed on its platform and app store description, publicly confirming its licensed status.

Associated Costs and Investments

According to Point i, Sub-section 11, Section II, Appendix I of Decision No. 682/QD-BVHTTDL, there are no official state fees or charges for the administrative procedure to obtain a license for an online social network. However, enterprises must budget for significant operational and capital expenditures, including:

• Investment in a server system located in Vietnam.
• Software development to meet technical requirements (data storage, verification, moderation).
• Costs to maintain 24/7 content management and technical teams.
• Fees for registering and maintaining a “.vn” domain name.
• Expenses for professional legal consulting services, if utilized.

Consulting Services for Licensing

The process to secure a license for an online social network is complex. Professional guidance from Long Phan Consulting Company offers an effective solution to ensure the application process is efficient and successful. Our services include:

• Eligibility Assessment: Analyzing the enterprise’s capacity to meet all licensing conditions.
• Strategic Guidance: Providing detailed advice on current regulations and creating an optimal roadmap to meet all personnel, technical, and legal requirements.
• Dossier Preparation: Drafting the official application form, building a professional Operational Scheme, and developing a compliant Terms of Service Agreement.
• Document Review: Finalizing the entire dossier to ensure accuracy, consistency, and compliance.
• Representation: Acting on the client’s behalf to submit the dossier to the ABEI and serve as the primary point of contact for communication and clarification with the authorities.
• Follow-up and Delivery: Monitoring the appraisal process and receiving the final license for an online social network for delivery to the client.

Frequently Asked Questions

Which state agency issues the license for an online social network?

The Ministry of Culture, Sports and Tourism is the sole competent authority. The Authority of Broadcasting and Electronic Information directly appraises the application. Legal Basis: Point e, Sub-section 11, Section II, Appendix I, Decision No. 682/QD-BVHTTDL.

What are the main documents in the application dossier?

The dossier includes five key items: the Application Form (Form No. 17), a copy of the legal entity’s registration, the Operational Scheme, the Terms of Service Agreement, and interface screenshots. Legal Basis: Point c, Sub-section 11, Section II, Appendix I, Decision No. 682/QD-BVHTTDL.

How long does the licensing process take?

The competent authority has 25 working days to appraise the dossier and decide on the license, starting from the date a complete and valid application is received. Legal Basis: Point a, Sub-section 11, Section II, Appendix I, Decision No. 682/QD-BVHTTDL.

Are there any state fees for this procedure?

No. The procedure for obtaining a license for an online social network is free of state administrative fees. Enterprises are only responsible for the investment and operational costs needed to meet the conditions. Legal Basis: Point i, Sub-section 11, Section I, Appendix I, Decision No. 682/QD-BVHTTDL.

What is a mandatory technical requirement for a social network?

A mandatory requirement is to have at least one server system located in Vietnam and to store user account information for a minimum of two years. Legal Basis: Point k, Sub-section 11, Section II, Appendix I, Decision No. 682/QD-BVHTTDL and Article 27 of Decree 147/2024/ND-CP.

Conclusion

The procedure to obtain a license for an online social network is a complex legal process with strict requirements. Inadequate preparation can lead to application rejection, resulting in wasted time and resources. To ensure an efficient and successful outcome, please contact Long Phan Consulting Company via our hotline at 1900636389 for professional and comprehensive support.