AIC Comments on Vietnam’s Draft Internet Decree on Internet Services and Online Information

Download: AIC Comments on Vietnam’s Draft Internet Decree on Internet Services and Online Information

Draft Internet Decree on Internet Services and Online Information
The Asia Internet Coalition (AIC) is an industry association formed by eBay, Facebook, Google, Salesforce and Yahoo! Incorporated. The AIC seeks to promote the understanding and resolution of Internet policy issues in the Asia Pacific region.

The AIC is very concerned about the draft Decree on Internet Services and Online Information. By creating an unreasonable regulatory burden, foreign companies may find themselves unable to invest in Vietnam and domestic companies will be unable to innovate enough to be globally competitive. We are appreciative of earlier efforts by the Government of Vietnam to share a
draft of the Decree and to engage in consultations about proposed policy changes. However, we are disappointed that recent engagement has been limited and that the Government has been unwilling to share updated drafts of the Decree.

We appreciate your consideration of the following comments:

  1. RE: Article 5 – Prohibited Conducts – Many of the prohibited conducts are not clearly
    defined, subjective and open to interpretation. Uncertainty in laws and regulations makes it
    more difficult for companies to comply. We urge the Ministry to clearly and narrowly scope
    these prohibited conducts.
  2. RE: Article 22 – Rights and obligations of foreign entities providing cross-border
    public information – This article should clearly delineate the difference between a crossborder
    service provider and domestic service provider. For example, it should be clarified
    that having a representative office in Vietnam does not subject a cross-border service
    provider to other articles in the Decree. This provision also states that cross-border service
    providers must “comply with prevailing laws”. Do these prevailing laws include the contents
    of other articles of this Decree?
  3. RE: Local server requirements – Local server requirements are impractical for domestic
    industry and prevent local companies from using major web hosting platforms that do not
    have domestic servers. These requirements could also prevent mobile application
    developers from distributing their applications on mobile operating systems. These
    requirements should be removed.