Legal Consulting Department of Lao Dong Newspaper answers:
Clause 1, Article 3, Decree 328/2026/ND-CP stipulating the prevention and control of fake news and false information (effective from October 5, 2026) stipulates as follows: Fake news and false information are information that is untrue or partly true that infringes upon national security, prestige, image, social order and safety, legitimate rights and interests of individuals and organizations, including types of information: Fake information, false information, misinformation, fake information, fabricated information, slanderous information, distorted information.
Article 4 of Decree 328/2026/ND-CP stipulates the classification of fake news and false information as follows:
1. Classification by level of hazard includes:
a) Fake news, untrue news causing consequences or at risk of causing particularly serious consequences including information that has a large-scale negative impact on national security, national defense, foreign affairs, social order and safety; infringing upon the prestige of the Party and State; prestige and honor of senior leaders of the Party and State; or potentially causing media crises, inciting riots, causing deep panic in public opinion;
b) Fake news, harmful false information including information affecting within a narrow scope, directly infringing upon the prestige, honor, dignity, legitimate rights and interests of specific agencies, organizations, and individuals.
2. Legal classification of information access includes:
a) Fake news, untrue news containing information that citizens cannot access;
b) Fake news, untrue news containing information that citizens are given conditional access to;
c) Fake news, untrue news containing information that citizens have access to.
Thus, from October 5, 2026, fake news and false information are classified as above.
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