Saturday, December 13, 2014

Management, provision, and use of internet service and online information in Vietnam

Management, provision, and use of internet service and online information in Vietnam are basically regulated by among other legal documents, Decree No. 72/2013/ND-CP on management, provision, and use of internet service and online information issued by the Government on 15 July 2013 (“Decree 72”).
Below are the summary of some main content in Decree 72:
Firstly, Decree 72 provides detailed regulations on online game business which are viewed to loosen the obstacles in online game business during last few years. Decree 72 classifies the video games into 04 different methods of service provision (i.e. Video games that have interaction among multiple players via the game server; Video games that only have interaction between the players and the game server; Video games that have interaction among multiple players without interaction between players and the game server; Video games that are downloaded from the Internet without the interaction among players and between players and the game server) and provides the requirement for establishment of online gaming service center.
Secondly, Decree 72 provides detailed regulations on domain name registration and especially the basis for settling disputes over domain name at request of both the plaintiff and the defendant.
Thirdly, Decree 72 regulates the provision of public information across the border. Accordingly, the foreign organizations, enterprises, and individuals that provide public information across the border, which is accessed by Vietnamese people or from people in Vietnam, must comply with Vietnam’s law.
Under this Decree 72, public information is defined as online information of an organization or individual that is publicly provided without identifications or addresses of receivers However, this regulation is pending for further guidance from the Ministry of Information and Communication.
Moreover, Decree 72 provides a controversial article 20.4 which may cause misunderstanding: “Private websites are websites established by individuals or via social networks to provide and exchange private information. Those websites neither represent other organizations and individuals nor provide compiled information”. And it is explained that with that provision in Decree 72, the Government is aimed only at protecting copyright when the most popular Vietnamese news sites are satisfied with copying and pasting content and just writing “From so-and-so” as a footnote at the bottom of an article.
However, it is concerned that Decree 72 is limiting people’s inclination to share news. There are the more obvious implications on individuals. After all, Decree 72 does not exactly state how authorities plan to monitor online activity for individual infringers who post news on social sites, nor does it say how they will be punished for infringement.
Decree 72 also requires the internet service provision companies and other providers of information to internet users in Vietnam to cooperate with the Government in enforcing the prohibition of a range of vaguely-defined acts of expression.
According to Article 5 of Decree 72, the “prohibited acts” include “abusing the provisions and use of the internet and information on the web” to “oppose the Socialist Republic of Vietnam”, “undermine the grand unity of the people”“damage the prestige of organizations and the honour and dignity of individuals”“undermine the fine customs and traditions of the nation” and Article 25 requires the filtering of any information on the Internet based on the interpretation that such information is amongst the “prohibited acts” outlined in Article 5.
The social network service provider has the obligation to provide private information of the users related to terrorism, crimes, and violations of law at the request of competent authorities.