VietnamLaw on Children, responsibility to protect children in the internet environment
Law No. 102/2016/QH13, Article 54
In force since .
An age-appropriate design code rule binding public and private bodies.
- Age threshold
- 16
- Audit expectation
- none
What it requires
- Applies to any agency, organization or individual that manages or provides information and communications products and services, or organizes activities, in the Internet environment.
- Apply measures ensuring safety and privacy for children, meaning persons below the age of sixteen.NIST Privacy FrameworkGV.PO-P2
- Follow the specific requirements the Government sets under clause 3 of the article.no control in the NIST Privacy Framework
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- GV.PO-P2Processes to instill organizational privacy values within system/product/service development and operations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 105 provides that a violator of the Law is disciplined, administratively sanctioned, or examined for penal liability in accordance with law, depending on the nature and severity of the violation; the Law itself defines no offense and states no fine amount, leaving both to other statutes and decrees not described here.
Who enforces it
Enforcement body
The Ministry of Information and Communications, which manages and guides regulations on the press, publication, telecommunications, Internet, radio, television and other information channels involving children, and coordinates state management of children's rights in the Internet environment with the Ministry of Labor, War Invalids and Social Affairs and other agencies.
What it makes you log
Logging duty
Article 54(2) requires agencies, organizations and individuals that provide information and communications products and services in the Internet environment to apply measures ensuring safety and privacy for children, as prescribed by law, and clause 3 leaves the detail to the Government. The Article names no log, record, age check or retention period; any such rule would sit in the Government's implementing instrument, which this row does not cite.
- Kind
- None
- As of
What this law does
Article 54 requires an agency, organization, or individual that manages or provides information and communications products and services, or organizes activities, in the Internet environment to apply measures ensuring safety and privacy for children, defined by Article 1 as a person below the age of sixteen; clause 3 leaves the Government to detail the article's specific requirements, which are not independently confirmed here.
Article 87 assigns the Ministry of Information and Communications responsibility to manage and guide regulations on the press, publication, telecommunications, Internet, and other information channels involving children, and to protect children in the environment of the Internet, computer networks, and telecommunication networks.
Article 105 provides that a violator of the Law is disciplined, administratively sanctioned, or examined for penal liability depending on the nature and severity of the violation.
When LexLint raises it
When your app profile says your app serves under-18s.
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