Updated Regulations Governing Doing Business in Information and Communication, Sectors Managed by The Ministry of Science and Technology and Specialized Inspection; Simplifying Regulations in Doing Business in Information and Communications

On November 7^th, 2018, the Government issued Decree No. 150/2018/ND-CP (“Decree 150”) admending some decrees relating to investment, doing business conditions and administrative procedures in the field of Information and Communications.

The new Decree amends and repeals some articles of the Law on Publication, regarding provision and use of internet services, management of investment in technology applications using the State’s budget and the abolishment of  some articles of the Postal Law.

To be specific, Decree 150 amends the conditions for establishment and operation of publishers stipulated in Decree No. 195/2013/ND-CP dated November 21^st, 2013. Accordingly, instead of specifying the condition of the publisher’s headquarters having a minimum space of 200m2, Decree 150 only stipulates that the head office shall be in an appropriate space, meeting the requirements of the law on standards and norms for the working offices.

Decree 150 also simplifies the conditions for publishing and distributing electronic publications. Accordingly, the publishers must have servers located in Vietnam, together with proper equipment and software for designing, layout, and recording data on electronic publications.  Regarding human resources, under new regulations, technical personnel must be trained in information technology without any requirements regarding seniority.

According to Decree 150, foreign publishers can now establish a representative office in Vietnam without having a physical location for the representative office. In addition, Decree 150 also abolishes most of the regulations on capability conditions of organizations and individuals investing in information technology applications as stipulated in Decree No. 102/2009/ND-CP dated November 6^th, 2009 on the management of investment in the application of information technology using the State budget. Accordingly, Decree 150 lists general conditions for the capability of organizations and individual investing in information technology application, and abolishes specific conditions such as the capability of designing, project consultancy, the capability of the individuals who act as Project Management Director, and the capability of organizing surveys.

The Decree will come into force on December 24^th, 2018.