It is a photograph first published before 1960. (See the 2009 amendment to Vietnam's 2005 intellectual property laws.)
It is a work that is against the State and detrimental to national unity; propaganda that encourages violence, aggressive wars, or hatred; or a work which falsifies history, denies revolutionary achievements, defames national heroes and great persons, or slanders or damages the reputation of organisations or the dignity and honour of individuals. (See Article 749.1 of Vietnam's civil code on copyright.)
To uploader: Please provide where the image was first published and who created it.