Vietnam: administrative sanctions in the areas of information technology and electronic transactions

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Vietnam has just issued a new Decree No. 14/2022/ND-CP (“Decree 14“) providing for administrative penalties in the areas of, inter alia, information technology and electronic transactions.

Specifically, on January 27, 2022, the government issued Decree 14 to modify and supplement several articles of:

  1. Decree No. 15/2020/ND-CP prescribing penalties for administrative offenses in postal services, telecommunications, radio frequencies, information technology and electronic transactions; and
  2. Decree No. 119/2020/ND-CP prescribing penalties for administrative offenses in journalism and publishing activities.

Among other changes, here are the quintessence of some notable provisions that may be of interest to companies:

  • Temporary domain entry names: Under Decree 14, the competent authorities of Vietnam may temporarily seize the national domain name of Vietnam (“.vn”) and/or the international domain name assigned to organizations and individuals in Vietnam as an administrative penalty for various acts of violation, including but not limited to providing or sharing links to online information with content that violates the law, as well as advertising, propaganda or dealing in prohibited goods and services.
  • Video game services: Decree 14 supplemented administrative penalties for existing obligations in the video game service industry, for example, penalties for insufficient recording of players’ personal information when providing video games G1; or for the inability to locate the payment management system for video games in Vietnam, to connect with a Vietnamese company that provides payment support services, or to allow players to find their payment account details .
  • anti-spam: Executive Order 14 supplemented administrative penalties for existing obligations in anti-spam activities, for example, penalties for failure to provide users with instructions on how to counter spam messages, spam calls, spam and spam emails; to send or distribute spam, spam or malware; or to make unwanted calls.

Specifically, on January 27, 2022, the government issued Decree 14 to amend and supplement several articles of: (i) Decree No. 15/2020/ND-CP prescribing penalties for administrative offenses in postal services, telecommunications , radio frequencies, information technologies and electronic transactions; and (ii) Decree No. 119/2020/ND-CP prescribing penalties for administrative offenses in journalism and publishing activities.

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