1. Key Legal framework governing online gaming:
The current policy is Decree No. 27/2018/ND-CP of the Government
dated 1 March 2018 (which amended Decree No. 72/2013/ND-CP 2013
regulating social networks, electronic information, and electronic
gaming).
The Law on Cybersecurity came into effect as from 1 January 2019
(Law on Cybersecurity). On 15 August 2022, the Government issued
Decree 53 which will become effective on 1 October 2022, which will
have significant impact upon the business operations of both local
and foreign entities in the specific sectors, including mobile
gaming.
2. Online Game Classification and License/Certificate
Online Game Classification and License-Certificate;
3. Virtual Goods/Items
Virtual items are not recognized as assets under Vietnamese
laws. Virtual items, as well as bonus points, are not allowed to be
exchanged into money, game cards, coupons or other items having
transaction value outside of the game.
Game providers must not adopt the designs of virtual items,
virtual currency, game points for game unless they conform with the
ones approved by competent authority. Players may use game points
or virtual currency in his/her account's budget to exchange for
virtual items designed by the game providers.
4. Data must be stored and Commercial Presence
Data: personal information of users in Vietnam, data created by
users in Vietnam and data of users' relation in Vietnam.
Sectors: Foreign enterprises having business operation in
Vietnam in online games and other certain sectors (e.g.,
telecommunications services; storage and sharing of data in
cyberspace; provision of national or international domain names for
service users in Vietnam; e-commerce; online payment; payment
intermediaries; services of connection and transportation in
cyberspace; social media and social communication; other services
related to the provision, management, or operation of information
in cyberspace in the form of messages, calls, video calls, emails,
online chat).
Conditions: (i) having received a written notice of the
Department of Cybersecurity under the Ministry of Public Security
requesting to coordinate, prevent, investigate or enforce any
cybersecurity measure and (ii) having failed to comply with such
request or inadequately complied with such request, or prevent,
obstruct, invalidate any cybersecurity measure.
Foreign entities as above will be required to store the Data in
Vietnam for a period of at least 24 months.
Foreign entities as above shall establish a representative
office or branch in Vietnam within 12 months as from the date of
the Request.
Disclaimer: This Alert has been
prepared and published for informational purposes only and is not
offered, nor should be construed, as legal advice. For more
information, please see the firm's
full disclaimer.
Gloss