A new decree in Việt Nam empowers authorities to publicly disclose individuals accused of spreading “false information” at their homes and workplaces—without providing them ample opportunity to defend themselves.
The Latest: Decree 328/2026 officially took effect Oct. 5.
- Under Article 8, the new regulation allows authorities to publicly name individuals accused of posting false information well before enforcement proceedings are complete under Article 8.
- Suspects may be publicly identified at their homes or workplaces without being given an opportunity to present their side of the story.
The Decree in Detail: Article 8 establishes a six-step process for handling false information.
- The identities of those deemed to have posted fabricated or inaccurate information are disclosed at step four, while enforcement action takes place at step six.
Clause 3, Article 3, states that handling false information involves more than “confirming that content is fabricated or inaccurate.”
- It also includes publicly disclosing “the identities of individuals and organizations that voice, create, store, post, disseminate, share or comment on fabricated or inaccurate information.”
Clause 3, Article 11 provides six ways to issue warnings about information deemed fabricated or inaccurate.
- These methods include sending notices directly to the poster’s place of residence, to locations affected by the information, to the poster’s workplace, and to affected organizations.
- The remaining four methods involve public announcements and warnings distributed through the websites of relevant agencies, mass media, and official state-level communications.
The Background: Over the years, numerous people in Việt Nam have faced administrative penalties for allegedly spreading fabricated or inaccurate information about the Communist Party and its leaders.
- The decree serves as the first government document to formally define “fabricated or inaccurate information.”
- However, the definition fails to distinguish facts from opinions, nor does it exclude satire, parody, and broader fictional works.
Why It Matters: None of the decree’s 24 articles provides for advance notice to people accused of posting fabricated or inaccurate information, nor do they offer an opportunity for the accused to present their views.
- While the decree directs authorities to choose a method based on “the nature, severity, and resulting harm,” it provides no criteria specifying which method applies in which circumstances.
- The decree also leaves unclear how cases of wrongful public identification would be resolved.
Thành Phương wrote this news article in Vietnamese and published it in Luật Khoa Magazine on October 6, 2026. The Vietnamese Magazine translated it into English.
