In the digital age, News websites have become an essential tool, not only enabling organizations and businesses to provide information quickly and accurately but also serving as an effective bridge to connect with the community. However, establishing and maintaining such platforms require strict compliance with legal regulations to ensure transparency, accountability, and information security. With the introduction of Decree 147/2024/ND-CP, new provisions have established specific standards, creating a clear legal framework for managing the operations of aggregated electronic information websites.

In this article, we will explore the key legal requirements and how to ensure effective operations in accordance with the latest regulations.

1. Application for License to establish News website

Preparing the application dossier for License to establish news website is an important and mandatory step under the provisions of Decree 147/2024/ND-CP. This dossier not only demonstrates compliance with the law but also serves as the basis for the regulatory authorities to assess the legitimacy and capabilities of the organization or business seeking to establish the website. Below are the specific components of the application, which are clearly outlined to ensure a transparent and efficient licensing process:

• The application for License to establish news website;
• A valid copy (including a copy issued from the original register, a notarized copy, an e-notarized copy, or a copy verified against the original) of one of the following documents: Business registration certificate, investment registration certificate, establishment decision; Operational charter (for associations, organizations, or groups);
• Proposal on operation signed by the legal representative of the enterprise or the head of the agency, organization, or enterprise applying for the license, including the following key contents: Purpose of providing information, content of information, proposed sections, sources of information, printed samples of the homepage and main sections; plans for personnel, technical infrastructure, content management, and measures to ensure the operation of the aggregated electronic information website in compliance with regulations; details of the server location in Vietnam; and, in cases of collaboration with press agencies for content production, a clear outline of the percentage of linked articles, cooperation mechanisms, production, editing, content moderation procedures, and publication methods on the news website.
• A printed/color-scanned copy (submitted directly or via postal service) or a photograph (submitted via an online public service portal) of the homepage interface and main section pages; the homepage must fully display the proposed information as required by regulations.

A valid copy (including a copy issued from the original register, a notarized copy, an electronically notarized copy, or a copy verified against the original) of the cooperation agreement on information sources between the aggregated electronic information website and the press agency. The document must include the following basic details: duration of the agreement, scope of content allowed to be cited, and responsibilities for managing content and information of each party (the press agency is responsible for notifying the news website to promptly update any amended information.

For the cooperation agreement on content production between the news website and the press agency, it must clearly state: the mechanism for cooperation in producing articles, the press agency’s responsibility for the content of articles within the scope of the partnership, the fields of cooperation in content production, and a commitment to comply with relevant legal regulations.

2. Process and Procedures for Issuance of License to establish News website

Submitting the Application, Organizations, agencies, or businesses that require a license to establish a news website must submit their application. The dossier can be submitted directly or via postal service to the competent licensing authority as prescribed by law. Businesses may also submit the application online through the licensing authority’s online public service portal. In this case, the application must include a digital signature in accordance with the legal regulations on electronic transactions.

Timeline and Procedure, within 10 working days from the date of receiving a complete and valid application, the competent licensing authority will proceed with the following steps: (i) Issuance of the License with an Authentication Code. The License will be issued along with an authentication code. The authentication code will be sent as a symbol code via the email address of the organization, agency, or business granted the license. (ii) Rejection of the Application, the competent authority must provide a written response clearly stating the reasons for the refusal.

Assessment of Applications from Local Press Agencies, within 05 working days from the receipt of a valid application, the Department of Information and Communications must: (i) Assess the Application, (ii) Forward the Application along with a recommendation letter to the Ministry of Information and Communications (Department of Broadcasting, Television, and Electronic Information) for consideration and licensing. In cases where the application does not meet the required conditions, the local Department of Information and Communications is responsible for providing a written response, clearly stating the reasons for the refusal.

Attaching the Authentication Code on the Service Platform, agencies, organizations, or businesses must embed the issued authentication code into the service description on the application store (if any) and on the news website.

The licensing process is designed with specific steps and clear requirements to ensure transparency and legal compliance. The processing time for applications is regulated to facilitate both the regulatory authorities and the organizations or businesses, while ensuring effective control over the content of information in cyberspace.

3. Responsibilities of Agencies, Organizations, and Businesses Establishing News Website

Establishing and Providing Information in Compliance with Legal Regulations, agencies, organizations, and businesses must ensure that the operation of the news website complies with legal regulations, particularly concerning the content that can be provided. Additionally, the aggregated information must be clearly sourced, accurate, and in compliance with copyright regulations.

Data Storage and Support for Regulatory Authorities, for infrastructure, at least one server system must be located in Vietnam. This ensures the ability to control and monitor by regulatory authorities in the storage and provision of information. This server also facilitates inspections when necessary and serves as a tool for addressing user complaints.

Content and Information Management, news websites must establish strict management processes to monitor, update, and adjust the aggregated content when changes occur from the original sources.

Control and Handling of Violated Content, regulate maximum 24 hours to remove violated content after receiving a request from the competent authorities or detecting it independently. The scope of control includes content, services, and applications that violate the Cybersecurity Law. For handling complaints, businesses must take appropriate measures to address intellectual property-related complaints, ensuring the legal rights of the parties involved.

Protecting Children in the Online Environment, businesses must implement child protection solutions and comply with legal regulations regarding child protection. This includes controlling content and services on the platform to prevent any negative impact on children.

Connecting to the Monitoring System of Competent Authorities, businesses must connect to the monitoring system to track content uploads and monitor traffic statistics. This measure helps regulatory authorities easily verify transparency and control the information on news websites.

Reporting and Compliance with Inspections, businesses must submit activity reports as required. News websites are always subject to inspections by competent authorities to ensure legal compliance and promptly address arising issues.

In the context of the accelerating digital transformation, regulatory authorities, together with new legal regulations, are tightening the operations of information websites to create a healthy and safe environment on digital platforms. Therefore, businesses managing aggregated electronic information websites need to periodically review content, infrastructure, and operational scope to ensure that the website is being operated in accordance with current regulations.

Time of writing: 05/12/2024

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

You can refer for more information:

• Foreign Organizations Establishing Employment Services in Vietnam
• Investors acquiring enterprise and financial risks to be aware
• Business Cooperation Agreement: Legal Risks You Should Know