VIETNAM
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in ITA Expansion Agreement (ITA II)
Vietnam is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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VIETNAM
Since April 2010
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Directive No. 494/CT-TTg
The local preference directive for government procurement (Directive No. 494/CT-TTg) limits foreign firms from bidding on government-issued procurement tenders to instances where domestic bidders cannot meet the required services or supplies. Consequently, foreign suppliers or contractors are selected only when domestic companies are unable to provide the necessary goods or services or when financing agreements between the Vietnamese government and donors mandate international bidding. However, it should be noted that this directive is not a binding measure or regulation. Instead, it is an instruction from the Prime Minister aimed at achieving specific strategic targets in economic development.
Coverage Horizontal
Sources
- https://web.archive.org/web/20211026003725/https://www.globaltradealert.org/state-act/5008
- https://web.archive.org/web/20230922051007/https://vbpl.vn/TW/Pages/vbpq-toanvan.aspx?ItemID=32842
- https://web.archive.org/web/20221104050828/https://www.financierworldwide.com/vietnam-new-tendering-rules#.Y2SeVXbP32e
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VIETNAM
Since June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 22/2023/QH15 on Bidding (Luật Đấu thầu 2023 số 22/2023/QH15)
According to Art. 11 of Law No. 22/2023/QH15 on Bidding, international bidding may be organised under specific conditions. These include
(i) instances where international bidding is mandated by a donor funding the project or package under an international convention or loan agreement;
(ii) where domestic bidders fail to meet the requirements of consulting, non-consulting, or construction service packages, or where prequalification or competitive bidding procedures yield no satisfactory results.
(iii) for consulting service packages when deemed necessary by the competent authority to enhance quality, provided the authority assumes responsibility for the decision.
However, international bidding is not applicable for projects involving business lines prohibited to foreign investors, projects requiring domestic bidding for reasons of national defence, security, or public order, projects located in areas restricted to foreign entities under the Law on Land, or projects with a total investment below VND 800 billion (approximately USD 33.33 million). In cases where international expressions of interest are invited but fail to receive responses from foreign bidders, such projects are also excluded from international bidding.
(i) instances where international bidding is mandated by a donor funding the project or package under an international convention or loan agreement;
(ii) where domestic bidders fail to meet the requirements of consulting, non-consulting, or construction service packages, or where prequalification or competitive bidding procedures yield no satisfactory results.
(iii) for consulting service packages when deemed necessary by the competent authority to enhance quality, provided the authority assumes responsibility for the decision.
However, international bidding is not applicable for projects involving business lines prohibited to foreign investors, projects requiring domestic bidding for reasons of national defence, security, or public order, projects located in areas restricted to foreign entities under the Law on Land, or projects with a total investment below VND 800 billion (approximately USD 33.33 million). In cases where international expressions of interest are invited but fail to receive responses from foreign bidders, such projects are also excluded from international bidding.
Coverage Horizontal
VIETNAM
Since January 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 64/2020/QH14 on Public Private Partnership (Law 64) (Luật số 64/2020/QH14 của Quốc hội: Luật Đầu tư theo phương thức đối tác công tư)
Law No. 64/2020/QH14 on Public Private Partnership was issued in June 2020 and has been effective since January 2021. Art. 58.5 of the Law states that Public Private Partnership projects only use foreign labourers if domestic labourers do not meet the demand.
Coverage Horizontal
VIETNAM
Since June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 22/2023/QH15 on Bidding (Luật Đấu thầu 2023 số 22/2023/QH15)
Vietnam’s Law No. 22/2023/QH15 on Bidding, which came into effect in June 2023, Law No. 43/2013/QH13 on Bidding. While the Law generally maintains similar provisions for scenarios where international bidding is permitted, it continues to require international bidders to collaborate with domestic contractors. This collaboration can take the form of a consortium or subcontracting arrangement, except in cases where no domestic contractors are qualified to execute any portion of the procurement package (Art. 5.1).
Coverage Horizontal
VIETNAM
Since June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 22/2023/QH15 on Bidding (Luật Đấu thầu 2023 số 22/2023/QH15)
According to Art. 10 of Law No. 22/2023/QH15 on Bidding, incentives are integrated into the contractor and investor selection processes to prioritise eligible entities. For contractor selection, these incentives include suppliers of goods originating in Vietnam, domestic bidders producing Vietnam-origin goods, domestic bidders participating independently or in consortiums in international bidding, microenterprises, small enterprises, and startups. Incentives for contractors involve higher rankings for eligible bidders in cases of equal evaluation, extra points under fixed-price, technical-based, or combined technical and price evaluation methods, adjustments to bid prices for ineligible bidders under lowest-price methods, and prioritisation of capacity, experience, and other criteria during evaluations. Additionally, employers may require the inclusion of domestic goods in bids if at least three domestic manufacturers meet the specified standards. For investor selection, incentives apply to those implementing technological solutions to reduce environmental pollution in high-risk projects. Eligible investors receive higher rankings in cases of equal evaluation and extra points during bid evaluations.
Coverage Horizontal
RUSSIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Russia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
RUSSIA
Since February 1992, as amended in December 2019, last amended in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Law of the Russian Federation of 7 February 1992 No. 2300-1 about Consumer Protection (Закон РФ от 7 февраля 1992 г. N 2300-I "О защите прав потребителей")
Art. 4 of the Law about Consumer Protection introduces local content requirements for certain categories of technically complex goods sold with pre‑installed computer software. In particular, these goods must include software whose country of origin is the Russian Federation or another Member State of the Eurasian Economic Union. Where pre‑installed software is used to access information on websites, it must, by default and without the need for additional configuration, enable the use of a search engine originating in the Russian Federation or another Member State of the Eurasian Economic Union.
It is reported that the mandatory pre‑installation of Russian software encompasses search engines, the Yandex browser, mapping and navigation applications, antivirus software, software providing access to electronic government infrastructure, instant messaging and social networking services, and national payment systems. These requirements apply to consumer electronic products sold in Russia, including smartphones, computers, tablets and smart televisions. Furthermore, it is reported that in August 2023, the Russian Government approved an updated list of domestic software to be pre‑installed on smart televisions from 2024, introducing several video streaming services. In 2025, the list was further expanded, and an additional requirement was introduced mandating that smartphones and other smart devices sold in Russia be pre‑installed with Russia’s proprietary digital messaging platform, MAX.
It is reported that the mandatory pre‑installation of Russian software encompasses search engines, the Yandex browser, mapping and navigation applications, antivirus software, software providing access to electronic government infrastructure, instant messaging and social networking services, and national payment systems. These requirements apply to consumer electronic products sold in Russia, including smartphones, computers, tablets and smart televisions. Furthermore, it is reported that in August 2023, the Russian Government approved an updated list of domestic software to be pre‑installed on smart televisions from 2024, introducing several video streaming services. In 2025, the list was further expanded, and an additional requirement was introduced mandating that smartphones and other smart devices sold in Russia be pre‑installed with Russia’s proprietary digital messaging platform, MAX.
Coverage Certain electronic products including smartphones, computers, tablets and smart televisions
RUSSIA
Since April 2015, last amended in July 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
Appendix No. 2 to the Decision of the Board of the Eurasian Economic Commission No. 30 of 21 April 2015 (“On Measures of Non-Tariff Regulation”) sets out the Union-wide list of goods restricted for export from the customs territory of the Eurasian Economic Union (EAEU), including Russia. The list includes, among others, (i) radio-electronic and high-frequency equipment for civilian use—devices for transmitting or receiving voice, images, or data (e.g., headings in HS 8471, 8517–8519, 8521, 8525–8528, 8531, and certain Chapter 90 items); (ii) systems and receivers for technical radio monitoring and for detecting sources of electromagnetic emissions (e.g., HS 8526–8527); and (iii) encryption (cryptographic) means, including computing machines and parts with cryptographic functions, computer devices incorporating encryption, and standalone cryptographic software (selected subheadings of HS 8471/8473 and 8523).
Coverage Telecom and cryptographic equipment
RUSSIA
Since July 2003, entry into force in January 2004, last amended in August 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Federal Law of the Russian Federation of 7 July 2003 No. 126-FZ About communication (Федеральный закон от 07.07.2003 г. № 126-ФЗ О связи)
Foreign manufacturers of telecommunications equipment have reported serious difficulties in obtaining product approvals in Russia. The Law on Communications establishes a separate procedure for licensing and certification in the sphere of telecommunications. Communication devices are subject to a procedure of mandatory conformity acknowledgement by way of either compulsory certification or compulsory declaration of conformity from the Federal Communications Agency (FCA) if they are to be supplied in connection with a common carrier network in Russia.
A declaration of conformity is a document in which the applicant confirms that the product it has manufactured corresponds to the conformity requirements. To be valid, a declaration of conformity for the relevant telecommunications device is subject to registration with the FCA. A declaration of conformity should be filed for registration by an applicant accompanied by the relevant evidence of the device’s conformity obtained with the help of accredited test laboratories. On the other hand, the competent authority for certification is the Certification Agency. A manufacturer or supplier of a device files an application with the Certification Agency, which carries out the certification test.
The complete list of communication products subject to mandatory certification is approved by the Decree of the Government of the Russian Federation No. 532.
A declaration of conformity is a document in which the applicant confirms that the product it has manufactured corresponds to the conformity requirements. To be valid, a declaration of conformity for the relevant telecommunications device is subject to registration with the FCA. A declaration of conformity should be filed for registration by an applicant accompanied by the relevant evidence of the device’s conformity obtained with the help of accredited test laboratories. On the other hand, the competent authority for certification is the Certification Agency. A manufacturer or supplier of a device files an application with the Certification Agency, which carries out the certification test.
The complete list of communication products subject to mandatory certification is approved by the Decree of the Government of the Russian Federation No. 532.
Coverage Communication devices
Sources
- https://web.archive.org/web/20241119175414/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/ru/ru186en.pdf
- https://web.archive.org/web/20221206183458/https://www.typeapproval.com/russia/#telecommunications-equipment
- https://web.archive.org/web/20240225131243/https://www.export.gov/apex/article2?id=Russia-Trade-Barriers
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RUSSIA
Since April 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Decision No. 30 of the Eurasian Economic Commission Board "On Measures of Non-tariff regulation" (Решение Коллегии Евразийской экономической комиссии от 21 апреля 2015 г. N 30 "О мерах нетарифного регулирования")
Equipment and devices containing encryption have to be registered with the Federal Security Service (FSS), and the manufacturer or the seller has to obtain FSS notification upon importation or exportation of such equipment.
Notification of the FSS recognises the fact that the products manufactured by the enterprise contain various elements of a cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU) or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components, which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the EAEU register, no notification is required.
Notification of the FSS recognises the fact that the products manufactured by the enterprise contain various elements of a cryptographic/encryption nature. Notification of the FSS is a prerequisite for the import into the territory of the Eurasian Economic Union (EAEU) or export from the territory of the EAEU of equipment containing encryption elements.
The registration of the FSS notification when importing or exporting goods is regulated in accordance with the Regulations on the import into the customs territory of the Eurasian Economic Union and export from the customs territory of the EAEU of encryption means (Annex No. 9 to the Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21, 2015). Notification of the FSS is necessary for equipment and devices, both general civil, industrial, scientific and other purposes, including a large list of products containing cryptographic components, which includes many high-tech devices such as mobile phones, tablet computers, laptops, wireless keyboards, wireless mice, servers, RFID tags (a device for the extraction of various cryptocurrencies (miners)) and many other devices. If a device has already been listed in the EAEU register, no notification is required.
Coverage Equipment and devices with encryption
Sources
- https://web.archive.org/web/20241005065452/https://docs.eaeunion.org/docs/en-us/0107584/clcd_22042015_30
- https://portal.eaeunion.org/sites/cp65/_layouts/15/portal.eec.registry.ui/registry65.aspx?itemid=9&listid=535beaa14129-43e7-8be2-a03dee7bed94
- https://web.archive.org/web/20220103115735/https://importlicensing.wto.org/content/decision-no30-board-eurasian-economic-commission-%E2%80%9C-measures-non-tariff-regulation%E2%80%9D-21-april
- https://web.archive.org/web/20231207204059/https://certificate.moscow/%D0%9D%D0%BE%D1%82%D0%B8%D1%84%D0%B8%D0%BA%D0%B0%D1%86%D0%B8%D1%8F-%D0%A4%D0%A1%D0%91
- https://web.archive.org/web/20240719065254/https://minprom.ru/uslugi/notifikaciya-fsb/
- https://web.archive.org/web/20241115170011/https://certificate.moscow/Portals/2/%D0%A4%D0%A1%D0%91/30-9--21-04-2015.doc
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RUSSIA
Since April 2011
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Federal Law No. 128-FZ “On Licensing Specific Types of Activity” (Федеральный закон "О лицензировании отдельных видов деятельности" от 08.08.2001 N 128-ФЗ)
Companies need to acquire a license in order to be engaged in distributing encryption facilities, maintaining encryption facilities, providing encryption services, and developing and manufacturing encryption facilities protected by means of encryption under Art. 12 of Federal Law No. 128-FZ “On Licensing Specific Types of Activity”.
Coverage Encryption services
RUSSIA
Since July 2002, as amended in August 2019
Since June 2011, as amended in October 2014, last amended in July 2023
Since June 2011, as amended in October 2014, last amended in July 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Russian Federation Federal Law No. 86-FZ "On the Central Bank of the Russian Federation" (Bank of Russia)
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
Federal Law of the Russian Federation of 27 June 2011 No. 161-FZ About national payment system (Федеральный закон от 27.06.2011 г. № 161-ФЗ О национальной платежной системе)
According to Art. 19 of Law No. 86-FZ (as amended by Law No. 264), several requirements for the functioning of foreign payment systems on the territory of the Russian Federation are established. According to these requirements, in order to provide services to Russian customers or to enter into contracts with local payment system operators, foreign payment systems have to be included in the Register of the Russian Central Bank. To be included in the Register, a foreign operator has to apply by submitting all the required documents in Russian through its subdivision in Russia. In addition, operators of foreign payment systems that do not have a subsidiary in the Russian Federation are able to work with Russian banks if they establish a branch office in Russia and register with the Central Bank.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Furthermore, amendments to the Federal Law on the National Payment System (NPS Law) significantly affect e-payments. According to Federal Law No. 319-FZ, “On Amendments to the Federal Law on the National Payment System and Certain Legislative Acts of the Russian Federation”, international payment cards it is required to be processed locally. In addition, the NPS Law also requires security deposits by operators of such payment systems that do not qualify as nationally important payment systems. Representatives of international payment systems have reported criticism of the introduction of such security deposits. Additionally, NPS Law prohibits the cross-border transfer of money or funds from Russia to countries where Russian payment systems, including Russian electronic payment systems, are not recognised.
Coverage Financial sector
Sources
- https://web.archive.org/web/20231130003522/https://cis-legislation.com/document.fwx?rgn=45379
- https://web.archive.org/web/20230327045220/https://www.cbr.ru/Content/Document/File/37343/law_cb_e.pdf
- https://web.archive.org/web/20150731101753/https://www.lexology.com/library/detail.aspx?g=7cf4f846-f606-4a5c-ae8a-50d0a8f220dc
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RUSSIA
Since January 2018, last amended in May 2019
Since August 2018, last amended in July 2021
Since August 2018, last amended in July 2021
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Law No. 317-FZ on Customs Code of the Eurasian Economic Union (Таможенный кодекс Евразийского экономического союза)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Federal law No. 289-FZ on Customs Regulation in the RF and on amendment of certain legal acts of the RF(О таможенном регулировании в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации)
Customs regulation in the Russian Federation is carried out in accordance with domestic legislation and the international Treaty on the Customs Code of the Eurasian Economic Union, ratified and implemented in the Russian Federation as of 2018.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
According to Arts. 136 and 225 of Law No. 317-FZ on the Customs Code of the Eurasian Economic Union, goods placed under the customs procedure for release for domestic consumption may benefit from an exemption or reduction of customs duties and taxes if their total customs value does not exceed EUR 200 (approx. USD 225).
Pursuant to Art. 47 of Federal Law No. 289-FZ on Customs Regulation in the Russian Federation and on amendment of certain legal acts of the RF for goods (excluding personal use items) imported into or exported from the Russian Federation if the total customs value does not exceed 200 EUR based on the official exchange rate set by the Central Bank of the Russian Federation at the time of customs declaration, the obligation to pay customs duties does not arise.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230202124115/http://www.consultant.ru/document/cons_doc_LAW_215315/d7745deb218390fa54e0bde009d8d8deea85b608/
- https://web.archive.org/web/20220401112155/https://www.consultant.ru/document/cons_doc_LAW_215315/c3b5dab415f0ee1484f6591f0d858c9b698cc7dd/
- https://web.archive.org/web/20240224153551/https://www.consultant.ru/document/cons_doc_LAW_304093/72251709ea27c65a6b9e7915485e9a965ad00495/
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RUSSIA
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
n/f
