The Ministry of Public Security is currently leading the development of a decree outlining measures to prevent and combat legal violations related to fake news and misinformation. This initiative aims to foster a healthy, transparent information environment and uphold the rule of law. The draft is expected to be submitted to the Government for review and approval before 5/2026.

The decree's sanctions will apply to Vietnamese citizens, agencies, and organizations, as well as foreigners residing in Vietnam, international organizations operating in Vietnam, and internet and social media service providers within Vietnamese territory.

The draft defines fake news as entirely untrue information, while misinformation refers to information that is partially untrue.

Violations in this area include: speaking, creating, storing, disseminating, posting, sharing, or commenting on fake news and misinformation. It also covers aiding, colluding with, inciting, or deceiving others to engage in these activities.

Misinformation spread online during the floods in Central Vietnam, 11/2025. Photo: Ministry of Public Security

Individuals found in violation could face fines of up to 100 million dong.

The draft outlines 10 prohibited acts in this area:

1. Committing legal violations related to fake news and misinformation (as mentioned above).

2. Failing to censor or verify information content, leading to legal violations concerning fake news and misinformation.

3. Providing fake news or misinformation to others, agencies, or organizations.

4. Obstructing or failing to voluntarily provide information about legal violations related to fake news and misinformation to competent authorities.

5. Failing to voluntarily cooperate in correcting or rectifying information after committing violations involving fake news or misinformation.

6. Directly or participating in establishing organizations, associations, or groups that commit legal violations involving fake news or misinformation; directly or participating in creating, operating, managing, or censoring websites, blogs, electronic information pages, social media pages, or social media accounts containing fake news or misinformation.

7. Training or instructing individuals or other organizations to commit legal violations related to fake news or misinformation.

8. Using high technology or artificial intelligence to commit violations involving fake news or misinformation.

9. Using the image, name, or influence of individuals or organizations to commit legal violations related to fake news or misinformation.

10. Impersonating agencies, organizations, or individuals to commit legal violations related to fake news or misinformation.

The Ministry of Public Security also proposes that violations of acts 3 through 10 will incur the maximum fines stipulated by the current Law on Administrative Sanctions.

According to Article 24 of the Law on Handling Administrative Violations, which specifies maximum fines across various sectors, violations in information technology, telecommunications, radio frequencies, cybersecurity, information network security, and data fields carry a maximum fine of 100 million dong for individuals and 200 million dong for organizations. If the severity warrants criminal prosecution, corresponding charges may be pursued under the Penal Code.

Furthermore, violating organizations and individuals may face additional penalties, including: notification to their local authorities or workplaces, public apologies to victims, forfeiture of illicit gains, and the destruction or deletion of social media groups and accounts associated with the violation.

First-time offenders who unintentionally share fake news or misinformation, unaware of its falsity, but who promptly rectify the consequences or make timely corrections before causing harm, may be exempted from administrative fines and instead receive education and deterrence.

During the floods in Central Vietnam in 11/2025, the Ministry of Public Security reported a proliferation of AI-generated fake news. This misinformation distorted facts, attacked authorities and rescue forces, and fabricated claims of thousands of deaths and tens of thousands unrescued. Such content was used to attract views, solicit donations, and illicitly profit, ultimately causing public panic and complicating the relief efforts.

This information spread rapidly, overwhelming the verification capabilities of official agencies. It influenced public perception and hindered on-site command and coordination efforts.

Of 52 social media accounts that posted fake news, five cases were subsequently fined a total of 37,5 million dong. Additionally, 17 cases received warnings and were required to make commitments, while 30 accounts had their posts removed.

Analyzing the draft proposals, the Ministry of Public Security highlighted several shortcomings in the current fight against fake news and misinformation. A key issue is that existing administrative penalties for inappropriate or false statements on social media are not a sufficient deterrent.

Under current regulations, fines range from 5 to 10 million dong per violation, with authorities often imposing a 7,5 million dong fine for administrative infractions.

The Ministry of Public Security notes that some celebrities, artists, and KOLs currently promote goods and functional foods with exaggerated claims, make inappropriate statements, or disguise advertisements for online gambling. They are willing to use clickbait tactics to gain views and illicitly profit.

Furthermore, some prominent figures secure advertising contracts worth hundreds of millions, or even billions, of dong. They are often willing to accept administrative fines, or hold differing views, making current administrative penalties insufficient as a deterrent.

In certain cases, only criminal prosecution can serve as an adequate deterrent.

Hai Thu