Application for a license to establish a social network – quick, convenient and fully compliant with the law

As society continues to advance, the demand for entertainment and social interaction has significantly increased. Social networks have proliferated rapidly, serving as platforms to meet the entertainment and social needs of a wide range of individuals. However, these networks may also be exploited for the dissemination of harmful or inappropriate content, adversely affecting public education, particularly among the youth. Therefore, in order to lawfully operate in this sector, individuals and organizations must obtain a License to Establish a Social Network issued by a competent state authority. Through this article, NPLaw provides comprehensive legal information regarding social network licensing and guidance on how to obtain such a license efficiently and lawfully.

As society continues to advance, the demand for entertainment and social interaction has significantly increased. Social networks have proliferated rapidly, serving as platforms to meet the entertainment and social needs of a wide range of individuals. However, these networks may also be exploited for the dissemination of harmful or inappropriate content, adversely affecting public education, particularly among the youth. Therefore, in order to lawfully operate in this sector, individuals and organizations must obtain a License to Establish a Social Network issued by a competent state authority.

Through this article, NPLaw provides comprehensive legal information regarding social network licensing and guidance on how to obtain such a license efficiently and lawfully.

I. Is it permissible to establish a social network without a license? What is the current situation?

Organizations that fail to do so may face administrative fines of up to 70,000,000 VND, depending on the severity of the violation, in accordance with Article 98 of Decree No. 15/2020/NĐ-CP, as amended and supplemented by Decree No. 14/2022/NĐ-CP.

The State has promulgated several legal instruments regulating this area, including Decree No. 72/2013/NĐ-CP and Decree No. 27/2018/NĐ-CP, which govern the establishment and operation of online social networks and prescribe penalties for violations, including operating a social network without an appropriate license.

II. Main information contained in the social network establishment license

The applicant’s business registration certificate must include the following industry codes:

Code 6311: Data processing, hosting, and related activities.
Code 6312: Portals (excluding press activities); establishment of social networks.

If the enterprise does not currently include industry codes 6311 and 6312, it must amend its business registration to include them before applying for a Social Network Establishment License. Failure to do so will result in the application being denied.

III. Conditions for the grant of a social network establishment license

An organization or enterprise shall be granted a license if it meets the following requirements:

At least one content management officer and one technical management officer.
Registered domain name compliant with legal requirements.
Compliance with technical conditions, including:
Retaining user information for at least two years;
Receiving and addressing user reports of illegal content;
Having backup and continuity plans to ensure uninterrupted operation;
Maintaining at least one server system located in Vietnam;
Verifying user identity via SMS or other approved methods;
Establishing an automated warning/filter system to detect prohibited content.
Implementing information security and safety measures, and managing data in accordance with legal provisions.

IV. Application dossier for a social network establishment license

Applicants should prepare a complete dossier, including:

Application form for the license;
Business registration certificate;
Operational plan (project proposal);
Agreement on provision and use of social network services;
Other relevant supporting documents.

V. Procedure for obtaining a social network establishment license

Step 1: Submit the completed application dossier to the Ministry of Information and Communications (Authority of Broadcasting, Television and Electronic Information).
Step 2: Within 30 days from the date of receipt of a valid dossier, the Ministry shall review and issue the license. If the application is refused, the Ministry must provide a written response stating the reasons for refusal.

VI. Questions about the social network establishment license

During the preparation of the application dossier, applicants may encounter various legal or procedural challenges. Below are NPLaw’s responses to the most common inquiries:

6.1. Which authority is competent to issue the license?

The competent authority is the Authority of Broadcasting, Television and Electronic Information under the Ministry of Information and Communications.

6.2. How long does it take to obtain the license?

If the dossier is complete and valid, the license will be issued within 30 working days from the date of submission.

Incomplete or incorrect dossiers will require additional time for amendment and supplementation.

6.3. Where should the license application be submitted?

Applications are to be submitted directly to the Authority of Broadcasting, Television and Electronic Information.

6.4. What are the applicable fees and charges?

Organizations and individuals engaging in social network establishment activities must pay fees and charges in accordance with the Law on Fees and Charges. The specific amount may vary depending on the scope and nature of the applicant’s operations.

6.5. What is the maximum validity period of the license?

Under current legislation, a Social Network Establishment License is valid for a maximum of 10 years and may be renewed no more than twice, with each renewal not exceeding 2 years.

6.6. Which electronic platforms are required to obtain a Social Network License?

Pursuant to Circular No. 09/2014/TT-BTTTT, as amended in 2023, the following platforms must apply for a license:

General information websites;
Internal information websites, specialized applications, and social networks providing aggregated information.

VII. NPLaw’s legal services for obtaining a social network establishment license

The licensing procedure for establishing a social network is complex and requires professional expertise. It is therefore advisable to seek assistance from a qualified legal team to ensure the process is completed efficiently and lawfully.

The above information provided by NPLaw aims to clarify common legal questions regarding the licensing process. If you require further assistance, please contact us directly. We offer in-depth consultations, both in person and via telephone or email, addressing all legal issues related to social network licensing.

Our team of professional attorneys is committed to assisting clients with drafting and preparing application dossiers, ensuring compliance with all legal requirements. Guided by our principle: “Your Benefits- Our Priority” – NPLaw strives to be a trusted partner in your success. The trust and confidence of our clients today form the foundation for our continued growth in the future.