ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act No. 8, 2020
Section 91 of the Public Procurement Act establishes a preference and reservation scheme for citizens or local suppliers, as well as bidders offering goods, works, or services with local content. Certain procurement opportunities are also reserved for target groups, including SMEs, women, youths, and persons with disabilities. Additionally, greater preference is granted to joint ventures or associations involving citizens or local suppliers than to foreign suppliers subcontracting them. The margin of preference to be applied is not predetermined; instead, it is set by the Public Procurement Authority in collaboration with the Citizens' Economic Empowerment Commission and other relevant government departments and statutory bodies in each tender procedure.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
- https://web.archive.org/web/20210919105505/https://www.zppa.org.zm/documents/20182/85608/CIRCULAR_2_OF_2021_COMMENCEMENT+OF+THE+PUBLIC+PROCUREMENT+ACT+NO.+8+OF+2020.pdf/f5fba563-8c53-42bd-9cff-bedd649...
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ZAMBIA
Since 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
National Local Content Strategy 2018-2022
According to the National Local Content Strategy 2018-2022, government policy mandates a minimum of 35% utilisation of local inputs and/or products in the production and provision of goods and services across the economy.
Coverage Horizontal
ZAMBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
6.72%
Coverage rate of zero-tariffs on ICT goods (%)
34.96%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
ZAMBIA
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Zambia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 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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ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 39.4 of the Public Procurement Act, a procuring entity must use open international bidding when goods, works, or non-consulting services are not competitively available from at least three suppliers within the Republic of Zambia. Furthermore, Art. 39.5 stipulates that participation in open international bidding is open to all bidders, including citizen bidders, local bidders, and foreign bidders partnered with citizen bidders or citizen suppliers. Foreign bidders participating under Subsection 5 are required to partner with a citizen supplier or citizen bidder.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
ZAMBIA
Since November 2020, entry into force in April 2021, last amended in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act No. 8, 2020
According to Art. 41 of the Public Procurement Act, procuring entities must use open national selection as the default method for procuring consulting services. However, open international selection must be used in cases where (i) consulting services are not competitively available from at least three suppliers within the Republic of Zambia; (ii) regional or international participation is required under an agreement entered into by the Government; or (iii) the procuring entity operates in a specialised industry, and the consulting services needed are of a specialised nature.
Coverage Consulting services
Sources
- https://web.archive.org/web/20230924101432/https://www.parliament.gov.zm/sites/default/files/documents/acts/The%20Public%20Procurement%20Act%20No.%208%202020.pdf
- https://web.archive.org/web/20240228224527/https://www.zppa.org.zm/documents/20182/197698/Act+No.+17+of+2023%2C+The+Public+Procurement.pdf/295bb334-92d3-42fb-8367-c430c938f2ba
VIETNAM
Since January 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Circular 23/2019/TT-NHNN (Thông tư Số: 23/2019/TT-NHNN)
In 2015, the State Bank of Vietnam issued Circular 39/2014/TT-NHNN to regulate payments via intermediaries, and the Circular was then replaced by Circular 23/2019/TT-NHNN in 2019. E-payments made via intermediaries such as e-wallets are regulated under this Circular. According to the Circular, owners of e-wallets must link the wallet to a bank account created in Vietnam or via branches of foreign banks in Vietnam in order to make payments in Vietnam.
Coverage E-payments
VIETNAM
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 43, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Online sales and transactions |
Indicator Restrictions on domain names
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)
Chapter 2 of Decree No. 72/2013/ND-CP on ".vn" domain service regulates that foreign companies that provide ".vn" domain registration must either establish the business in Vietnam according to Vietnamese law or have a contract with ICANN-accredited registrars. In addition, foreign companies that provide ".vn" domain registration services must have a contract with the Vietnam Internet Network Information Center to provide ".vn" domain registration services.
Coverage ".vn" domain providers
VIETNAM
Since February 2020, entry into force in April 2020, last amended in January 2022
Pillar Online sales and transactions |
Indicator Restrictions on domain names
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)
In February 2020, the Vietnamese government issued Decree No. 15/2020/ND-CP to regulate administrative violations in several sectors including the telecommunications sector, IT and electronic transactions. Art. 44.1.(d) of the Decree regulates penalties for electronic newspapers, general websites or web portals, and social networks for not using the Vietnamese national domain name ".vn" and not storing information in the server system with an IP address in Vietnam. In addition, according to Art. 45.3.(d) of the Decree, these companies shall be fined if they do not use primary domain name servers (DNS) using the Vietnamese national domain name ".vn".
Coverage Telecommunications sector, IT and electronic transaction
VIETNAM
Since June 2018, entry into force in January 2019
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
Since 2019, domestic and international providers of telecommunications services, internet services and value-added services in Vietnam’s cyberspace that collect, analyse or process private information or data about relationships of their service users or data created by their service users in Vietnam shall open branches or representative offices in Vietnam.
Coverage Telecommunications, internet and value-added services in cyberspace
VIETNAM
Since July 2013, entry into force in September 2013, as amended in April 2018
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
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)
Decree No. 72/2013/ND-CP regulates the management of Internet services and online networks in Vietnam. Art. 23a, introduced through the amendment in Decree No. 27/2018/ND-CP, stipulates that aggregated information websites and social networks must have at least one individual responsible for managing content. This individual must either be a Vietnamese national or a foreign national holding a temporary residence card issued by a competent authority, with a validity period of at least six months from the date of dossier submission.
Art. 20 defines aggregated information websites as platforms operated by agencies, organizations, or enterprises that publish aggregated content, which must be cited textually and accurately from official sources, with proper attribution to the original authors or agencies and the date of publication. Additionally, under Art. 3.22, a social network is defined as an information system that provides users with services such as storage, provision, use, search, sharing, and exchange of information, including functionalities for creating private websites, forums, online chat rooms, audio and video sharing, and other similar services.
Art. 20 defines aggregated information websites as platforms operated by agencies, organizations, or enterprises that publish aggregated content, which must be cited textually and accurately from official sources, with proper attribution to the original authors or agencies and the date of publication. Additionally, under Art. 3.22, a social network is defined as an information system that provides users with services such as storage, provision, use, search, sharing, and exchange of information, including functionalities for creating private websites, forums, online chat rooms, audio and video sharing, and other similar services.
Coverage Internet services and online networks
Sources
- https://web.archive.org/web/20220709143036/https://vnnic.vn/sites/default/files/vanban/decree_no._27.2018.nd-cpof1march2018.pdf
- https://web.archive.org/web/20240416141352/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn133en.pdf
- https://web.archive.org/web/20220806060030/http://vbpl.vn/tw/Pages/vbpq-van-ban-goc.aspx?ItemID=128671
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VIETNAM
Since November 2010
Since November 2005
Since November 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law on Protection of Consumers' Rights 59/2010/QH12 (Luật Số 59/2010/QH12 Bảo vệ quyền lợi người tiêu dùng)
Law on E-Transactions No. 51/2005/QH11 (Luật Số 51/2005/QH11 Giao dịch đIện tử)
Law on E-Transactions No. 51/2005/QH11 (Luật Số 51/2005/QH11 Giao dịch đIện tử)
The Law on Protection of Consumers' Rights and the Law on E-Transactions provide a comprehensive consumer protection framework that also applies to online transactions. The Law regulates the rights and obligations of consumers, the liability of organisations or individuals trading goods and/or services to consumers, the liability of social organisations in protecting the interests of consumers, resolving disputes between consumers and sellers, the liability of the State on the protection of consumers’ interests. In addition, the Law on E-transactions provides the legal framework for electronic signatures and e-transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210503084105/https://vbpl.vn/tw/Pages/vbpqen-toanvan.aspx?ItemID=10500
- https://web.archive.org/web/20240527130940/https://vanbanphapluat.co/law-no-51-2005-qh11-of-november-29-2005-on-e-transactions
- https://web.archive.org/web/20240127170118/https://unctad.org/page/cyberlaw-tracker-country-detail?country=vn
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VIETNAM
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Vietnam has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
VIETNAM
Since 2005
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Vietnam has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
