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.

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, and Art. 4 of Circular 23/2023/Vietnam on Industrial property, non-Vietnamese residents, organisations 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. The Parliament of Vietnam amended certain parts of Law No. 50/2005/QH11 with Law No. 36/2009/QH12, and such regulation remains.

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

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.

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.

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.