A charging app is the shopfront of the business: a map of charging points, fast-charging advertising claims and user location data. These three elements fall under three different legal frames (advertising, consumer protection and personal data protection) that operators usually notice only when fined or complained against. This article sets out the rules to know before scaling app promotion.
Legal basis
- Law on Advertising 16/2012/QH13 (as amended and supplemented): prohibition of untruthful advertising about the quality, features and speed of goods and services.
- Decree 87/2026/ND-CP on administrative penalties in culture and advertising (effective 15 May 2026, replacing Decree 38/2021/ND-CP): Clause 3, Article 6 sets the fines in the advertising chapters at the individual level, with organisations fined at twice that level.
- Law on Personal Data Protection 91/2025/QH15 and Decree 356/2025/ND-CP: user location data is sensitive personal data, and its collection requires consent and a clear statement of purpose.
Does an in-app charging map need a licence?
There is no separate licensing mechanism for the map function of a charging app: displaying charging point locations is an information function of an ordinary commercial application, not a conditional business line. No licence, however, does not mean no duties. First, displayed information must be accurate and updated: a station that has closed, removed its piles or changed prices but still appears as operating generates user complaints and can be treated as providing incorrect service information. Second, where the app is supplied by a foreign enterprise providing cross-border services into Vietnam, e-commerce and foreign contractor tax duties apply according to the specific business model. Third, third-party base maps (Google Maps, Apple Maps or domestic maps) must be used under the map provider licence terms, and the enterprise should check digital map data requirements relating to border and island sovereignty when displaying maps to users in Vietnam, an issue that has forced many international apps to adjust maps for the Vietnamese market.
Overstated fast-charging claims: what is the penalty?
The Law on Advertising prohibits untruthful advertising about the quality and features of a service. Claiming ultra-fast charging of a full battery in 15 minutes where the actual pile power, vehicle battery conditions or site voltage limits allow only much lower speeds is a typical misleading claim in the charging industry. On sanctions, untruthful advertising is penalised under Decree 87/2026/ND-CP, effective from 15 May 2026 and replacing Decree 38/2021/ND-CP, on the convention in Clause 3, Article 6: the fine levels in the advertising chapter are for individuals, and a violating organisation is fined at twice that level, together with remedies such as removal of the advertisement and public correction. Enterprises should not cite the Decree 38/2021 fine frame for conduct from 15 May 2026 because that decree has been replaced in full. Beyond fines, the operator also faces user compensation claims where the claim drove the choice of service, and competitor complaints of unfair competition. The safe practice is to publish charging speed together with its conditions (maximum pile power, applicable battery capacity range, temperature conditions) instead of one absolute figure for every vehicle.
Collecting user location through the app: the personal data boundary
A charging app almost necessarily uses location data: finding the nearest station, navigation and session authentication. Under the Law on Personal Data Protection 91/2025/QH15 and Decree 356/2025/ND-CP (replacing Decree 13/2023/ND-CP), data on the location of an individual is classed as sensitive personal data, so processing must satisfy stricter conditions than ordinary data: clear notice of the collection purpose, consent of the data subject before background location is enabled, collection only within the scope needed for the notified function, and no use of location for advertising or sharing with third parties without separate consent. Personal data processing impact assessment files and data protection duties apply according to the scale and nature of processing. The largest practical risk is integrating third-party advertising and analytics SDKs into the app without controlling location data flows out of it; the enterprise remains responsible as data controller even where the transfer is performed by a partner library.
Recommendations for charging app operators
Three tasks should precede every major promotion campaign: audit all speed, price and promotion claims across the app, website and social media against a conditional-claims standard; set a real-time station status update process for the map with a clear internal deadline for removing closed stations; and audit location data flows in the app (access permissions, third-party SDKs, retention periods) under the 2025 Law on Personal Data Protection. These are the three most common inspection and complaint points for charging apps.
Frequently asked questions
Does an app showing a charging station map need a licence?
There is no separate licence for a charging map function because it is not a conditional business line. Displayed information must nevertheless be accurate and updated: a closed station still shown as operating creates complaints and incorrect-information liability, and third-party base maps must be used under their licence terms.
Is overstated fast-charging advertising penalised?
Yes. Untruthful advertising about service features and speed is prohibited by the Law on Advertising and penalised under Decree 87/2026/ND-CP (effective 15 May 2026, replacing Decree 38/2021); fine levels in the advertising chapter are for individuals, with organisations fined at twice the level under Clause 3, Article 6, plus removal and correction orders. The safe approach is to publish speed together with its conditions.
Is collecting user location through a charging app a violation?
Location collection is necessary for station finding and is not prohibited, but location data is sensitive personal data under the 2025 Law on Personal Data Protection and Decree 356/2025: the purpose must be notified, user consent obtained, collection limited to what is necessary, and no sharing with third parties without separate consent; advertising and analytics SDKs integrated in the app need special control.
This article has been quality-reviewed by the FLAW AI Legal Council