Art. 17 of the Law on Telecommunications regulates that the State holds dominant shares (51%) in telecommunication service of which infrastructure is particularly important to the operation of the entire national telecommunications infrastructure. Therefore, foreign investors can only own 49% of shares in government-controlled firms.

According to the Law on Telecommunications, infrastructure sharing is mandated. It is reported that passive sharing is effective in both the mobile and fixed sectors.

Law No. 50/2005/QH11 and Decree 54/2000/ND-CP provide a framework for effective protection of trade secrets. The law defines trade secrets as information obtained from activities of financial or intellectual investment, which has not yet been disclosed and which is able to be used in business. A trade secret is eligible for protection when it meets certain criteria: it is not commonly known or easily accessible, it provides advantages to its holder in business activities, and its owner takes necessary measures to maintain its secrecy. The Intellectual Property Law identifies actions that infringe on trade secret rights, such as unauthorized access or disclosure of trade secret information, and breaching security contracts. However, there are limitations to trade secret rights, including instances where the trade secret was unknowingly acquired illegally, disclosure is necessary to protect the public, or the use is non-commercial or independent creation.

Vietnam has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Vietnam has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Copyright is not adequately enforced online in Vietnam. While there are laws in place for intellectual property rights (IPR) violations, Vietnam has yet to draft the implementing guidelines to the 2009 amendments to the 1999 Criminal Code, which would allow law enforcement agencies and courts to levy deterrent criminal penalties against IPR violators. In addition, it is reported that while Vietnamese agencies have engaged in public awareness campaigns, foreign companies continue to face various impediments to selling legitimate products in Vietnam. Counterfeit goods, including counterfeits of high quality, remain widely available in physical markets, and while still limited, domestic manufacturing of counterfeit goods is emerging as a concern. In addition, book piracy and cable and satellite signal theft persist, while both private and public sector software piracy remains a concern. Moreover, it is reported that the rate of unlicensed software installation in the country was 74% in 2017 (below the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 492 million.

Vietnam is a party to the Patent Cooperation Treaty (PCT).

Vietnam has a copyright regime under Law No. 50/2005/QH11 on Intellectual Property Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 25 lists the exceptions, which include recitation of works without misrepresenting the author's views in articles published in newspapers or periodicals, in radio or television broadcasts, or in documentaries; recitation of works in schools for lecturing purposes without misrepresenting the authors" views and not for commercial purposes; among others.

Pursuant to the provisions of Art. 61.1 of Decree No. 52/2013/ND-CP on e-commerce, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organization established under Vietnamese law.

Patent applications by non-Vietnamese residents must be filed via recognised Vietnamese patent agents. According to Art. 89 of Law No. 50/2005/QH11 on Intellectual Property Rights, non-Vietnamese residents or organization or companies without business entities in Vietnam must apply for industrial property rights via legal representatives in Vietnam. Legal representatives must meet the criteria as regulated in Article 154 of the Law. Parliament of Vietnam amended certain parts of Law No. 50/2005/QH11 with Law No. 36/2009/QH12 and such regulation remains.

Decree No. 72 establishes the management of Internet service and online network in Vietnam. Chapter 4 of the Decree regulating online games categorizes online games into four groups (G1 to G4). All companies providing online games are requested to establish legal entities in Vietnam, according to the Corporate Law of Vietnam. In March 2018, Vietnamese government issued Decree No. 27/2018/ND-CP to partially amend and extend Decree 72 and such requirement remains.

Decree No. 72 establishes the management of Internet service and online network in Vietnam. In March 2018, Vietnamese government issued Decree No.27/2018/ND-CP to partially amend and extend Decree 72, and it requires Internet information network (or website as defined in Art. 3.21) established in Vietnam to have at least one person of Vietnamese citizenship, or foreigner to reside in Vietnam to manage the operation of the website. Line 8 of Decree 27 to amend Art. 23(a) of Decree 72 regulates on operation and human resources of website require "having at least one personnel responsible for information content management who is a Vietnamese national or for a foreigner who has a temporary residence card issued by a competent authority with at least six months of validity in Vietnam".

According to Art. 5 of the Decree 25/2011/ND-CP on the implementation of telecommunications law, foreign investment projects providing telecommunications services without network infrastructure with an investment capital of VND 300 billion (approx. 12.3 Million USD) above must (i) carry out investment verification procedures at state investment management agencies; (ii) carry out the procedures for investment evaluation at the provincial state agencies managing the investments to be granted an investment certificate; (iii) implement procedures for evaluation and approval of investment policy at the provincial state agency managing investment to be granted an investment certificate.

Art. 17 of the Law on Telecommunications regulates that the State holds dominant shares (51%) in telecommunication service of which infrastructure are particularly important to the operation of the entire national telecommunications infrastructure. Therefore, foreign investors can only own 49% of shares in government controlled firms.

Art. 11 of Decree No. 25/2011/ND-CP regulates cross-border supply of telecommunications service to Vietnamese market. The provision of telecommunications services across the border to users of telecommunications services in Vietnam must be through a commercial agreement with a Vietnamese telecommunications enterprise that has been licensed to provide international telecommunication services.