Legal definitions
A “child” is defined as a person under the age of 16 years, and a “minor” is a person under the age of 18 years. There is no clear age of consent for sexual activity, but criminal codes impose penalties for sexual activity with a person under 1"Safety by Design" requirements Vietnam has ratified the Option Protocol to the Convention on the Rights of the Child.
“Sexually explicit conduct” and “child sexual abuse” are explicitly defined in relevant statutes. “Child sexual abuse” applies only to children under 16, which may not include minors between the ages of 16 and 18.
“Child sexual exploitation” and “enticement” or “grooming” are not specifically defined, but similar concepts exist in Vietnamese law. “Sextortion” is not defined, but related conduct is addressed in the law against extortion.
“Child pornography” or “CSAM” are not defined, but distribution of pornographic material is generally illegal. There is similarly no specific definition of “computer generated CSAM,” but existing laws applying to pornography likely also apply to computer-generated CSAM.
Regulatory requirements/recommendations
Online platforms are required to “control” content so as not to cause harm to, mistreat, or infringe on children’s rights, but there is no specific requirement to review, screen, moderate, or detect CSAM, grooming, or other child sexual exploitation content.
Online platforms are required to report CSAM and other exploitative content to a department of the Ministry of Public Security, but a specific reporting procedure has not been identified. Online platforms are also required to remove CSAM once they are aware or notified of its existence.
Vietnamese law does not require online platforms to use any specific technology to screen for or remove CSAM or other online child sexual exploitation content. Certain requirements only apply to online platforms meeting certain monthly user thresholds.
Age verification requirements/recommendations
Online platforms are required to verify the age of users to confirm they meet a certain minimum, but the law allows platforms to decide how to conduct the age verification process. This seems to allow online platforms to accept user declarations of age, without actual verification.
Parental consent requirements/recommendations
Online platforms are required to obtain parental consent before allowing children under 14 years old to access their services, but the law does not require a particular method to be used.
Legal remedies for child victims
Legal remedies for child victims are available in Vietnam. Victims may seek, through civil actions against perpetrators, compensation for losses and damages related to online child sexual exploitation. Certain supportive resources may be available from government agencies.
A victim is entitled to notification about the results of investigations and lawsuits.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.