Businesses are only allowed to establish social networks if they have a Social Network Establishment License. What are the conditions and procedures for applying for a Social Network Establishment License? Find out in the following article.
1. What is a social network?
A social network is an information system that provides services to the online user community for storing, providing, using, searching, sharing, and exchanging information with each other, including services for creating personal electronic information pages, forums, online chat, sharing audio, images, and other similar service forms.
2. Conditions for obtaining a Social Network Establishment License
(i) Enterprises established under Vietnamese law must have business lines registered in accordance with the services and information content provided, as published on the National Business Registration Portal.
(ii) Regarding personnel structure, enterprises must ensure:
– At least 01 personnel responsible for managing information content is a Vietnamese citizen or, for foreigners, holds a temporary residence card issued by a competent authority with a remaining validity of at least 06 months in Vietnam from the date of application submission.
– Have an information content management department.
– Have a technical department, including at least one person who meets the website network administration skills specified in Appendix II and information security skills specified in Appendix III (issued with Decree 27/2018/ND-CP).
(iii) Enterprises must establish a technical system that ensures:
– Storage for at least 02 (two) years of information on accounts, login/logout times, user IP addresses, and logs of processed information posted;
– Receiving and processing violation alerts from users;
– Detecting, warning, and preventing illegal access, network attacks, and complying with information security standards;
– Having a contingency plan to ensure safe and continuous operation and recovery in case of incidents, except for force majeure circumstances as prescribed by law;
– Ensuring at least 01 (one) server system located in Vietnam, allowing at any given time to meet inspection, testing, storage, and provision of information across all electronic information pages and social networks owned by the organization or enterprise;
– Performing registration and storage of members’ personal information, including:
+ Full name;
+ Date of birth;
+ ID card or Citizen ID card number or passport number, date of issue, place of issue;
+ Phone number, email address.
In cases where the internet user is under 14 years old and does not have a passport, the above information shall be that of the legal guardian of the internet user.
– Performing user authentication through messages sent to phone numbers or emails when registering for services or changing personal information;
– Preventing or removing information that violates legal provisions upon request from competent state management agencies;
– Preventing or removing violating information upon request from competent State agencies.
(iv) Enterprises must ensure the following conditions for information management:
– Have a social network service provision and usage agreement posted on the homepage;
– Ensure that users must agree to the social network service usage agreement via online methods before they can use the social network’s services and utilities;
– Have a coordination mechanism to promptly remove violating content at the latest within 03 hours from self-detection or upon request from the Ministry of Information and Communications or the licensing agency (via written document, phone, email).
– Have measures to protect the privacy of users’ private information and personal information;
– Ensure users’ right to decide on allowing the collection of their personal information or providing it to other organizations, businesses, or individuals.
(v) The domain name of the page must meet:
+ Must not be similar to or identical to the name of a press agency (unless the enterprise is a press agency).
+ Use at least 01 “.vn” domain name and store information on a server system with an IP address in Vietnam.
+ Must not be identical to the domain name of the enterprise’s own general electronic information page.
+ The domain name must have a remaining validity period of at least 06 (six) months at the time of application for the license and must comply with the regulations of the Ministry of Information and Communications on the management and use of Internet resources.
For international domain names, legal domain name usage must be confirmed.
3. Procedures for registering to establish a social network page
3.1. Required documents
– Application for a social network establishment license (Form No. 23 in Appendix I issued with Decree 27/2018/ND-CP);
– A certified copy of the Enterprise Registration Certificate or Investment Registration Certificate with business lines consistent with the type of social network service intended to be provided.
– Social network operation project with the signature and seal of the head of the organization or enterprise applying for the license.
– Social network service provision and usage agreement.
3.2. Place of submission
Authority of Broadcasting, Television and Electronic Information – Ministry of Information and Communications.
3.3. Competent licensing authority
Minister of Information and Communications.
3.4. Processing time
30 working days from the date of receipt of a complete and valid application.
4. Some notes
– The Social Network Establishment License is valid for the period requested by the enterprise, but not exceeding 10 years.
– The homepage of the social network must provide full information: Name of the managing organization; name of the governing body (if any); contact address, email, contact phone number, name of the person responsible for content management; valid license number, date of issue, issuing authority.
