Database

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VIETNAM

Since June 2025, entry into force in January 2026
Since April 2023, entry into force in July 2023, until January 2026

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law No. 91/2025/QH15 on Personal Data Protection (Luật số 91/2025/QH15 của Quốc hội: Luật Bảo vệ dữ liệu cá nhân)

Decree No. 13/2023/ND-CP of the Government on Personal Data Protection (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Art. 21 of the Law on Personal Data Protection stipulates that personal data controllers, as well as entities acting as both controllers and processors, are required to establish and retain a record of the personal data processing impact assessment. One original copy of this assessment must be submitted to the competent personal data protection authority within 60 days of the commencement of personal data processing. The personal data processing impact assessment is conducted once and applies for the entire duration of the operations of the personal data controller or of the entity acting as both controller and processor.
In addition, pursuant to Art. 33.2 of the Law, agencies and organisations are responsible for designating dedicated units and personnel with adequate capacity to ensure personal data protection, or for engaging external organisations or individuals to provide personal data protection services.
Arts. 24, 28.2, and 30.1.b of Decree No. 13/2023/ND‑CP already contain substantially similar requirements. That Decree is scheduled to be repealed in 2026, concurrently with the entry into force of the Law on Personal Data Protection.
Coverage Horizontal

VIETNAM

Since December 2008

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Decree No. 121/2008/ND-CP on investment activities in the posts and telecommunications sector (Nghị định 121/2008/NĐ-CP của Chính phủ về hoạt động đầu tư trong lĩnh vực bưu chính, viễn thông)
Under Decree No. 121/2008/ND-CP, equity caps applicable to foreign investment are based on WTO commitments. That is, for fixed and mobile communications, as well as Internet services, the maximum foreign equity shares are set at 49% in facilities-based services (i.e. telecom sector with infrastructure facilities). The threshold may increase up to 65% for non-facilities-based services (i.e. telephony services with no network infrastructure) and 70% for VPN services after a three-year investing period in Vietnam.
Coverage Telecommunications sector

VIETNAM

Since November 2024, entry into force in December 2024

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Decree No. 147/2024/ND-CP on the Management, Provision and Use of Internet Services and Information in Cyberspace (Nghị định số 147/2024/NĐ-CP của Chính phủ: Quản lý, cung cấp, sử dụng dịch vụ internet và thông tin trên mạng)
Decree No. 147/2024/ND-CP contains several provisions requiring companies to provide user data directly to state authorities upon request, without expressly requiring a warrant or judicial authorisation. Art. 19.4 mandates that agencies, organisations, enterprises, and individuals utilising Internet resources must supply information and cooperate with competent authorities upon request. Art. 23.3.dd further provides that foreign organisations, enterprises, and individuals engaged in the cross-border provision of information to users in Vietnam, where they either lease data storage services within Vietnam or receive an average of at least 100,000 monthly visits from Vietnam over six consecutive months, are obliged to furnish information concerning service users in Vietnam to the Ministry of Information and Communications, the Ministry of Public Security, and other competent authorities upon written request, for the purposes of state management as well as the investigation and handling of legal violations. Art. 35.9 imposes a similar obligation on providers of social networking services to disclose user information to competent authorities upon written request in order to facilitate the investigation and resolution of violations relating to Internet services and online information. Finally, Art. 79.2 requires telecommunications enterprises and Internet service providers to supply information and data relating to subscribers suspected of online legal violations, enabling the accurate identification of relevant organisations and individuals, upon requests issued by the Ministry of Information and Communications or the Ministry of Public Security.
Coverage Horizontal

VIETNAM

Reported in 2021, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the State retains equity participation in several telecommunications operators. In particular, the Ministry of Defence owns the Viettel Group, while both the MobiFone and the Vietnam Posts and Telecommunications Group are also state-owned enterprises. In addition, the Ministry of Public Security holds a majority stake (50.17%) in FPT Telecom.
Coverage Telecommunications sector

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that there is no requirement for functional or accounting separation required for operators with significant market power.
Coverage Telecommunications sector

VIETNAM

Since June 2011, last amended in July 2016

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Decree No. 25/2011/ND-CP Detailing and Guiding the Implementation of a Number of Articles of the Telecommunications Law (Nghị định Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Viễn thông Số: 25/2011/NĐ-CP)
Arts. 19-21 of Decree No. 25/2011/ND-CP outline the requirements for enterprises applying for a license in the telecom sector in Vietnam. These requirements vary across types of service and geographical coverage. They include minimum capital requirements from VND 5 Billion (approx. 218,000 USD) to VND 500 Billion (approx. 21.8 million USD) and investment plans from VND 15 billion (approx. 700,00 USD) to 7,500 VND Billion (approx. 322.5 million USD) among other requirements.
Coverage Telecommunications sector

VIETNAM

Since March 2007

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Vietnam has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Vietnam does not have an independent telecom authority. The Authority of Telecommunications is a ministerial unit which performs the advisory and regulatory functions over the telecommunications sectors nationwide.
Coverage Telecommunications sector

VIETNAM

Since December 2025, entry into force in July 2026
Since June 2018, entry into force in January 2019, until July 2026
Since August 2022, entry into force in October 2022, until July 2026

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law on Cybersecurity No. 116/2025/QH15 (Luật số 116/2025/QH15 của Quốc hội: Luật An ninh mạng)

Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)

Decree No. 53/2022/ND-CP Detailing Some Articles of the Law on Cybersecurity (Nghị định số 53/2022/NĐ-CP của Chính phủ: Quy định chi tiết một số điều của Luật An ninh mạng)
Art. 25.3 of the Law on Cybersecurity stipulates that both domestic and foreign enterprises providing services via telecommunications networks, the Internet, and value-added services in cyberspace within Vietnam, and which collect, use, analyse, or process personal data, data concerning service users’ relationships, or data generated by service users in Vietnam, are required to implement data protection measures in accordance with the law. Such data must be stored within the territory of Vietnam for the duration prescribed by the Government of Vietnam. This replaces Law on Cybersecurity No. 24/2018/QH14 and Decree No. 53/2022/ND-CP Detailing Some Articles of the Law on Cybersecurity, which contained similar restrictions.
Coverage Horizontal
Sources

VIETNAM

Since August 2015
Since February 2020, entry into force in April 2020, last amended in January 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Circular No. 24/2015/TT-BTTTT stipulating management and use of internet resources (Thông tư 24/2015/TT-BTTTT về quản lý và sử dụng tài nguyên Internet)

Decree No. 15/2020/ND-CP on Penalties for Administrative Violations Against Regulations on Postal Services, Telecommunications, Radio Frequencies, Information Technology and Electronic Transactions (Nghị định số 15/2020/NĐ-CP của Chính phủ: Quy định xử phạt vi phạm hành chính trong lĩnh vực bưu chính, viễn thông, tần số vô tuyến điện, công nghệ thông tin và giao dich điện tử)
According to Art. 7.4 of Circular No. 24, electronic general information websites and social networking platforms licensed to operate in Vietnam are required to employ at least one ".vn" domain name and to store data on servers whose IP addresses are located within the territory of Vietnam. Art. 44.1(d) of Decree No. 15/2020/ND-CP stipulates penalties for failure to use the national domain name ".vn" or for failing to store information on a server system with an IP address in Vietnam. This provision applies to licensed electronic newspapers, general electronic information websites, electronic portals, and social networks.
Coverage Electronic newspapers, general electronic information websites, electronic portals, and social networks

VIETNAM

Since December 2024, entry into force in January 2025

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Decree No. 163/2024/ND-CP: Elaboration of Some Articles and Measures for Enforcement of the Law on Telecommunications (Nghị định số 163/2024/NĐ-CP của Chính phủ: Quy định chi tiết một số điều và biện pháp thi hành Luật Viễn thông)
Art. 30 of Decree 163 stipulates that data belonging to state authorities utilising data centre or cloud services must be stored exclusively within the territory of Vietnam. It is reported that this provision implies that a foreign data centre or cloud service provider seeking to contract with a state agency would be required to establish facilities within Vietnam.
Coverage Public sector

VIETNAM

Since November 2005, entry into force in 2006, last amended in June 2022
Since April 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 50/2005/QH11 on Intellectual Property Rights (Luật Sở hữu trí tuệ 2005 số 50/2005/QH11)

Decree No. 17/2023/ND-CP, guiding a number of articles of the Amended IP Law with regard to copyright and related rights (Nghị định quy định chi tiết một số điều và biện pháp thi hành Luật Đấu thầu về lựa chọn nhà thầu)
Vietnam’s copyright regime is governed by Law No. 50/2005/QH11 on Intellectual Property Rights and supplemented by Decree 17/2023 on Copyright. However, the exceptions outlined in this framework do not adhere to the fair use or fair dealing models, thereby restricting the lawful use of copyrighted works by others. Art. 25 of Law No. 50/2005/QH11 enumerates these exceptions, with Decree 17/2023 providing further clarification on their application. Notable exceptions include the recitation of works without distorting the author's views in articles for newspapers or periodicals, radio or television broadcasts, or documentaries, as well as the use of works in schools for teaching purposes, provided it does not misrepresent the author’s views and is not for commercial gain, among others.
Coverage Horizontal

VIETNAM

Reported in 2019, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported online piracy activity and enforcement limitations
It is reported that Vietnam is a major source of online piracy and continues to host some of the most prominent English‑language copyright‑infringing websites and services worldwide, many of which target an international audience. The operators of these platforms are widely believed to be based in Vietnam, partly because of the perception that the country offers a relatively permissive environment for online piracy. Stakeholders report that Vietnam has the highest incidence of online piracy in the Asia‑Pacific region, one of the highest levels of music piracy globally, and is ranked seventh worldwide for participation in the piracy of certain video games. Although right holders welcomed landmark criminal convictions in two online piracy cases, as well as the Fmovies case, in which Vietnam’s enforcement authorities cooperated with United States enforcement authorities and other stakeholders to shut down Fmovies and associated piracy sites, all defendants received suspended sentences and were required to pay only comparatively modest financial penalties.
Coverage Horizontal

VIETNAM

Since November 2021, entry into force in February 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vietnam has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

VIETNAM

Since April 2022, entry into force in July 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Vietnam has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

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