Database

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VIETNAM

Since June 2011, last amended in July 2016

Pillar Intermediary liability  |  Indicator User identity requirement
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)
Pursuant to Art. 15.1 of Decree No. 25/2011/ND-CP, individuals subscribing to telecommunications services are required to provide telecommunication enterprises with specific information. This includes the subscriber's full name, date of birth, and, for Vietnamese citizens, the identity card number, along with the date and place of issuance. For foreign citizens, passport details must be provided.
Coverage Telecommunications sector

VIETNAM

Since June 2018, entry into force in January 2019

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
According to Art. 41 of Vietnam's Cybersecurity Law, Internet service providers (ISPs), websites and information systems administrators/owners are responsible for:
- Controlling information content transmitted by users so that such content will not harm or prejudice children or the children’s rights; and
- Preventing the sharing of content and deleting any content that harms or prejudices children or the children’s rights.
In addition, pursuant to Art. 16, information system administrators/owners, telecoms and Internet service providers are required to coordinate with the competent authorities to handle illegal content closely. The ISPs have 24 hours to remove content after they receive a notice from the government authorities.
It is reported that intermediaries—including those based overseas—to regulate third-party contributors in cooperation with the state, and to “eliminate or prevent information” that opposes the republic, threatens national security and the social order, or defies national traditions, among other broadly worded provisions. The laws hold cybercafé owners responsible if their customers are caught visiting prohibited websites.
Coverage Internet intermediaries

VIETNAM

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

Pillar Intermediary liability  |  Indicator 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

Since November 2005, entry into force in 2006, last amended in June 2022
Since April 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 50/2005/QH11 on Intellectual Property Rights (Luật Sở hữu trí tuệ 2005 số 50/2005/QH11)

Decree No. 17/2023/ND-CP, guiding a number of articles of the Amended IP Law with regard to copyright and related rights (Nghị định quy định chi tiết một số điều và biện pháp thi hành Luật Đấu thầu về lựa chọn nhà thầu)
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.
Coverage Horizontal

VIETNAM

Since April 2023, entry into force in July 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
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)
Under Art. 25 of Decree No. 13/2023/ND-CP, any entity or individual that transfers personal data offshore within the scope of the Decree has to prepare, maintain, and file a Transfer Impact Assessment (TIA) with the Department of Cybersecurity and Prevention of Cyber-Crimes under the Ministry of Public Security (MPS A05 Department) within 60 days after the transferor begins to process personal data. The offshore transfer of personal data is defined as using the internet, digital means or digital equipment or other means to transfer personal data of Vietnamese nationals to a location outside of the territory of Vietnam or using a location outside of the territory of Vietnam to process personal data of Vietnamese nationals (Art. 2.14).
The TIA must include, among other things:
- details of transferor and receiver(s); description and explanation of the purposes of the processing activities to be performed after such transfer;
- types of data to be transferred;
- assessment of the impact of the data processing activities;
- potential consequences, mitigation and/or prevention measures;
- consent of the data subjects with the mechanism for the data subjects to respond to or claim upon the occurrence of any incident; and
- a binding document between the transferor and the receiver of the personal data, outlining the rights, obligations and responsibilities of each party, etc. (Art. 25.2).
After the transfer is completed, the transferor must notify the MPS A05 Department (Art. 25.4).
Coverage Horizontal

VIETNAM

Reported in 2019, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Vietnam. Reports indicate that online piracy is a major issue, particularly the use of illegal streaming devices and related piracy applications to access unauthorised audiovisual content.
Coverage Horizontal

VIETNAM

Since March 2018

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Vietnam has joined an agreement with binding commitments to open transfers of data across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11). However, the country has been given a period of five years to comply with the requirement.
Coverage Horizontal

VIETNAM

Since November 2021, entry into force in February 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vietnam has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

VIETNAM

Since April 2022, entry into force in July 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Vietnam has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

VIETNAM

Since October 2000
Since November 2005, entry into force in 2006, last amended in June 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Decree 54/2000/ND-CP

Law No. 50/2005/QH11 on Intellectual Property Rights (Luật Sở hữu trí tuệ 2005 số 50/2005/QH11)
Law No. 50/2005/QH11 and Decree 54/2000/ND-CP provide a framework for the effective protection of trade secrets. The law defines trade secrets as information obtained from activities of financial or intellectual investment that has not yet been disclosed and can be used in business. A trade secret is eligible for protection when it meets certain criteria: it is not commonly known or easily accessible, it provides advantages to its holder in business activities, and its owner takes necessary measures to maintain its secrecy. The Intellectual Property Law identifies actions that infringe on trade secret rights, such as unauthorised access or disclosure of trade secret information,and breaching security contracts. However, there are limitations to trade secret rights, including instances where the trade secret was unknowingly acquired illegally, disclosure is necessary to protect the public, or the use is non-commercial or independent creation.
Coverage Horizontal

VIETNAM

Since November 2009

Pillar Telecom infrastructure & competition  |  Indicator 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 November 2009
Since October 2011

Pillar Telecom infrastructure & competition  |  Indicator 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 December 2008

Pillar Telecom infrastructure & competition  |  Indicator 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  |  Indicator 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  |  Indicator 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

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