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VIETNAM

Since July 2013, entry into force in September 2013, last amended in April 2018

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Decree No. 72/2013/ND-CP of the Government: Management, Provision and Use of Internet Services and Online Information (Nghị định Số 72/2013/NĐ-CP của Chính Phủ: Quản Lý, Cung Cấp, Sử Dụng Dịch Vụ Internet và Thông Tin Trên Mạng)
According to Art. 23 of Decree No. 72/2013/ND-CP, social networks must prevent any information from being published that defames the state of Vietnam and have human resources that meet the criteria of the Ministry of Information and Communication (MIC). However, such criteria or demands by MIC have not been clarified.
Coverage Social networks

VIETNAM

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
Reports indicate that the government restricts access to several websites, including those of Radio Free Asia, Voice of America, the BBC Vietnamese news service, and the 88 Project. Access to international websites such as those of Human Rights Watch has been characterised by instability and unpredictability. According to Nikkei Asia, which monitors online censorship, half of the 1,000 websites it tested in 2022 were inaccessible within the country. The majority of these blocked websites were related to politics (33%), news outlets (27%), and human rights (15%).
It is also reported that content on social media is removed at an alarming rate due to the government's use of the Cybersecurity Law, which took effect in January 2019. Among other requests, in October 2022, Netflix removed a Korean drama and a Chinese series from viewing in Vietnam.
Coverage Websites

VIETNAM

Since July 2013, entry into force in September 2013, last amended in April 2018

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Decree No. 72/2013/ND-CP of the Government: Management, Provision and Use of Internet Services and Online Information (Nghị định Số 72/2013/NĐ-CP của Chính Phủ: Quản Lý, Cung Cấp, Sử Dụng Dịch Vụ Internet và Thông Tin Trên Mạng)
According to Art. 25 of Decree No. 72/2013/ND-CP and its amendment and extension of Decree No. 27/2018/ND-CP, Internet Services Providers (ISPs) have to coordinate with the State the removing or blocking information that contains prohibited acts, which include: State opposition, undermining national security and social order, conducting propaganda; propagating obscenity, pornography and harming national traditions and customs; providing information offending organisations or individuals; and advertising banned suitable and services, prohibited newspapers, works and publications. Various press reports have highlighted the controversial nature of Decree 72 and its broad scope regarding the capacity to block websites.
Coverage Internet Services Providers (ISPs)

VIETNAM

Since November 2013, last amended in September 2021

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Decree No. 181/2013/ND-CP on Cross-Border Supply of Advertising Services
According to Art. 13 of Decree 181/2013/ND-CP, Vietnamese companies and individuals who want to place online advertisements on foreign websites or platforms must advertise via agents in Vietnam. In addition, Pursuant to Art. 14 of the Decree, foreign companies and individuals who want to place online advertisements on Vietnamese websites or platforms must do so via Vietnamese agents.
Coverage Online advertisement

VIETNAM

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

Pillar Content access  |  Sub-pillar Restrictions on online advertising
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. 95.3 of Decree No.15/2020/ND-CP, a fine ranging from VND 50,000,000 to VND 70,000,000 (approx. 2,040 USD to 2,860 USD) shall be imposed for advertising email and internet message services using servers not located in Vietnam.
Coverage Advertising email and internet message services

VIETNAM

Since July 2013, entry into force in September 2013, last amended in April 2018

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Decree No. 72/2013/ND-CP of the Government: Management, Provision and Use of Internet Services and Online Information (Nghị định Số 72/2013/NĐ-CP của Chính Phủ: Quản Lý, Cung Cấp, Sử Dụng Dịch Vụ Internet và Thông Tin Trên Mạng)
Vietnam has licensing requirements from the Ministry of Information and Communication (MIC) in place for online social networks, general information websites, mobile telecoms network-based services, and certain online games services under Decree No. 72/2013/ND-CP and its amendment Decree No. 27/2018/ND-CP. These contemplate that companies must be established in Vietnam in order to fulfil the licensing and registration requirements. According to Arts. 22, 25, 28, and 34 of Decree No. 72, providers of websites, social networks, information on the mobile network, and online games, respectively, have to have at least one server inside the country "serving the inspection, storage, and provision of information at the request of competent state management agencies".
Coverage Providers of online social networks, general information websites, mobile telecoms network-based services and certain online games services

VIETNAM

Since November 2009

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Law No. 41/2009/QH12 on Telecommunication (Luật viễn thông số: 41/2009/qh12)
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.
Coverage Telecommunications sector

VIETNAM

Since April 2023, entry into force in July 2023

Pillar Domestic data policies  |  Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Decree No. 13/2023/ND-CP on the Protection of Personal Data (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Art. 28 of Decree No. 13/2023/ND-CP requires a data controller and/or a data processor to appoint a department to protect personal data and to appoint a DPO if there is sensitive personal data involved. The information of such DPO must be notified to the Cybersecurity Department.
Coverage Horizontal

VIETNAM

Since November 2009
Since October 2011

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 41/2009/QH12 on Telecommunication (Luật Viễn thông số 41/2009/QH12)

Decision No. 55/2011/QD-TTg of 14 October 2011, on the list of telecommunications service providers with network infrastructure in which the state holds dominating shares or capital contributions (Quyết định 55/2011/QĐ-TTg Về danh mục doanh nghiệp cung cấp dịch vụ viễn thông có hạ tầng mạng do nhà nước nắm cổ phần, vốn góp chi phối)
Art. 17 of the Law on Telecommunications regulates that the State holds the controlling shares in telecommunication companies considered particularly important to the operation of the entire national telecommunications infrastructure. Therefore, there are limits to foreign ownership in these companies. According to Art. 1 of Decision No. 55/2011/QD-TTg, these include the Vietnam Post and Telecommunications Group (VNPT), the Viettel Group (VIETTEL), Global Telecommunications Corporation (GTEL), and Indochina Telecom Joint Stock Company (INDOCHINA TELECOM).
Coverage State-owned enterprises in the telecom sector

VIETNAM

Since July 2013, entry into force in September 2013, last amended in April 2018

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Decree No. 72/2013/ND-CP of the Government: Management, Provision and Use of Internet Services and Online Information (Nghị định Số 72/2013/NĐ-CP của Chính Phủ: Quản Lý, Cung Cấp, Sử Dụng Dịch Vụ Internet và Thông Tin Trên Mạng)
Art. 19 of Decree No. 72 of 2013, and its extension in Decree 27/2018, regulates that "organisations and individuals that use Internet resources shall provide information and cooperate with competent state management agencies at the latter’s request".
Coverage Internet services and online networks

VIETNAM

Since December 2008

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
There are three big corporations dominating the Vietnamese telecommunication markets: VNPT, Viettel, and Mobifone. All these three corporations are owned or partially owned by the government and dominate more than 96% of the market.
Coverage Telecommunications sector

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of functional separation
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  |  Sub-pillar 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  |  Sub-pillar Signature of the World Trade Organization (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

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