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

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

The Law on Intellectual Property provides a framework for effective protection of trade secrets.

Circular No. 40 seeks to enhance the legal framework governing the prioritisation of domestically produced information technology (IT) products and services in investment, hiring, and procurement, as mandated by Art. 4 of Decree No. 73/2019/ND-CP. The Circular provides guidance to state agencies on consulting and accessing information regarding prioritised IT products and services for these purposes. Enterprises whose IT products and services meet the priority criteria outlined in the Circular (Arts. 5-9) are eligible to receive preferential consideration from state agencies in investment, leasing, and procurement processes.

Art. 13.4.b of the Law on Telecommunications stipulates that service providers owning network infrastructure are under an obligation to lease passive infrastructure to other telecommunications enterprises, provided that such leasing is consistent with the approved passive infrastructure master plans and is both economically and technically feasible. Art. 47 further provides that the sharing of telecommunications infrastructure shall be conducted pursuant to contractual arrangements that ensure the protection of the lawful rights and interests of all relevant stakeholders. Where the stakeholders are unable to reach agreement on the pricing of shared telecommunications infrastructure, negotiations shall be undertaken in accordance with the legal framework governing price regulation. In the event that agreement cannot be reached on other aspects of infrastructure sharing, the matter shall be determined by the competent State authorities.

Vietnam is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.

Art. 11 of the Law on Telecommunications establishes a limitation on share ownership by requiring the State to retain its capital contributions and controlling shareholdings in telecommunications enterprises. This measure ensures continued government control over operators possessing network infrastructure of particular importance to the functioning of the national telecommunications system, given their direct implications for socio-economic development and the maintenance of defence and security. In practice, this requirement is understood to apply to major state-owned telecommunications companies that dominate the fixed-line services market in Vietnam, notably Viettel and the Vietnam Posts and Telecommunications Group.

Art. 11 of the Law on Telecommunications establishes a limitation on share ownership by requiring the State to retain its capital contributions and controlling shareholdings in telecommunications enterprises. This measure ensures continued government control over operators possessing network infrastructure of particular importance to the functioning of the national telecommunications system, given their direct implications for socio-economic development and the maintenance of defence and security. In practice, this requirement is understood to apply to major state-owned telecommunications companies that dominate the fixed-line services market in Vietnam, notably Viettel and the Vietnam Posts and Telecommunications Group.

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.

Art. 11 of Decree No. 25/2011/ND-CP regulates the cross-border supply of telecommunications services to the 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.

Art. 24 of the Law on Investment specifies that foreign investment in economic organisations must be conditional upon ensuring national defence and security in compliance with this Law. It is reported that the government periodically intervenes to prevent foreign investment when it is deemed to pose a threat to Vietnam’s national security.
The Ministry of Planning and Investment (MPI) plays a key role in investment screening. All foreign direct investment (FDI) projects require approval from the People’s Committee in the province where the project will be located. Additionally, large-scale FDI projects must secure approval from the National Assembly before proceeding. MPI’s approval process involves a comprehensive assessment of the investor’s legal status and financial strength, the project’s alignment with the government’s long- and short-term economic development and revenue goals, the investor’s technological expertise, environmental protection measures, and, if applicable, plans for land use and land clearance compensation.

Art. 31 of the Law on Investment stipulates that the Prime Minister shall grant approval for projects initiated by foreign investors in the provision of telecommunication services involving network infrastructure. The approval entails the endorsement by a competent state authority of the objectives, location, scope, implementation timeline and duration of the investment project, the investor or method of investor selection, and any special mechanisms or policies (if applicable) for the project's implementation.

Art. 37.4 of Decree No. 147/2024/ND-CP requires the establishment of a commercial presence for the provision of cross-border online game services. It stipulates that foreign organisations and individuals providing online video game services to users in Vietnam, including through cross-border delivery, must establish an enterprise in accordance with Vietnamese law in order to provide such services, in compliance with this Decree and the regulations governing outward investment. Consequently, the cross-border provision of online games, in the absence of such establishment, is effectively prohibited.

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 organisation established under Vietnamese law.