Database

Browse Database

VIETNAM

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
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.
Coverage Horizontal

VIETNAM

Reported in 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Limits on foreign ownership in cryptocurrency trading
It is reported that restrictions on foreign direct investment are applicable to cryptocurrency trading. When cryptocurrencies are traded as securities, such activity is considered regulated and requires a licence under the Capital Markets and Services Act, with a maximum of 70% foreign equity ownership permitted.
Coverage Cryptocurrency sector

VIETNAM

Since November 2009
Since October 2011

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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 Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
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

Since June 2011, last amended in July 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Requirement to engage in joint ventures to invest or operate
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)
Art. 11 of Decree No. 25/2011/ND-CP regulates the cross-border supply of telecommunications services to the Vietnamese market. The provision of telecommunications services across the border to users of telecommunications services in Vietnam must be through a commercial agreement with a Vietnamese telecommunications enterprise that has been licensed to provide international telecommunication services.
Coverage Telecommunications sector

VIETNAM

Since June 2020, entry into force in January 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law on Investment No. 61/2020/QH14 (Luật Đầu tư số 61/2020/QH14)
Art. 24 of the Law on Investment specifies that foreign investment in economic organisations must be conditional upon ensuring national defence and security in compliance with this Law. It is reported that the government periodically intervenes to prevent foreign investment when it is deemed to pose a threat to Vietnam’s national security.
The Ministry of Planning and Investment (MPI) plays a key role in investment screening. All foreign direct investment (FDI) projects require approval from the People’s Committee in the province where the project will be located. Additionally, large-scale FDI projects must secure approval from the National Assembly before proceeding. MPI’s approval process involves a comprehensive assessment of the investor’s legal status and financial strength, the project’s alignment with the government’s long- and short-term economic development and revenue goals, the investor’s technological expertise, environmental protection measures, and, if applicable, plans for land use and land clearance compensation.
Coverage Horizontal

VIETNAM

Since June 2020, entry into force in January 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Law on Investment No. 61/2020/QH14 (Luật Đầu tư số 61/2020/QH14)
Art. 31 of the Law on Investment stipulates that the Prime Minister shall grant approval for projects initiated by foreign investors in the provision of telecommunication services involving network infrastructure. The approval entails the endorsement by a competent state authority of the objectives, location, scope, implementation timeline and duration of the investment project, the investor or method of investor selection, and any special mechanisms or policies (if applicable) for the project's implementation.
Coverage Telecommunication services with network infrastructure

VIETNAM

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

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement 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)
Art. 31 of Decree No. 72/2013/ND-CP stipulates that foreign organisations and individuals offering online gaming services to Vietnamese users are required to establish enterprises in compliance with Vietnamese law, as prescribed by this Decree and the laws governing foreign investment. This provision establishes a local entity requirement for online gaming services, necessitating that foreign entities form a local enterprise.
Coverage Online gaming services
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'VN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"88722"},{"post_id":"88723"},{"post_id":"88724"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'VN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'VN')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

VIETNAM

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)
0.23%
Coverage rate of zero-tariffs on ICT goods (%)
68.28%
Coverage: ICT goods

VIETNAM

Since May 2013, entry into force in July 2013, last amended in January 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Decree No. 52/2013/ND-CP on E-commerce (Nghị định 52/2013/ND-CP về Thương mại điện tử)
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.
Coverage Credit rating of e-commerce websites

VENEZUELA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Open and transparent standard-setting process
Lack of participation of foreign businesses in standard-setting bodies and of a transparent standards regime
Venezuela’s new laws, resolutions, decrees, government appointments, and other official data are published in the Official Gazette. It is reported that the Gazette does not publish anything similar to notices of proposed rulemaking, so there is no regular official mechanism for inviting comments on proposed changes to technical regulations. The Gazette also does not publish new technical regulations. The full contents of a new technical regulation must be obtained directly from the government agency that created it. The same holds true for new standards themselves, available only by request from either the FONDONORMA (a private non-profit association) or SENCAMER (a body of the Ministry of Commerce). The relationship between the two bodies has deteriorated in the past few years, which has led to confusion and a lack of a normative standards regime.
Coverage Horizontal

VENEZUELA

Since April 2003

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Resolution No. 253 containing the list of foreign entities or organizations recommended for the homologation and certification of telecommunication equipment (Resolución No. 253 contentiva de la lista de entes u organismos extranjeros recomendados para la homologación y certificación de equipos de telecomunicaciones)
Resolution No. 253 lists the foreign entities or organisations recognised by the National Telecommunications Commission (CONATEL) for the homologation and certification of telecommunications equipment: (European Union, Federal Communications Commission (FCC) of the United States, Industry Canada of Canada, Agencia Nacional de Telecomunicações (ANATEL) of Brazil, Comisión Federal de Telecomunicaciones (COFETEL) of Mexico, and the Comisión Nacional de Comunicaciones (CNC) of Argentina) (Art. 3). CONATEL is limited to administrative homologation based on the acceptance of the homologation certificates of the aforementioned entities.
On the other hand, Art. 4 establishes that certification bodies or organisations that issue certificates or declarations of conformity, approval or homologation on behalf or by authorisation of the approval bodies or organisations indicated in the previous article, either by designation or by Mutual Recognition Agreements, shall also be considered as recognised.
Coverage Telecommunications equipment

VENEZUELA

Reported in 2021, last 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 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

VENEZUELA

Since November 2015
Since 2004

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Official Gazette No. 40,787: Decree No. 2,092, whereby the Decree with Rank, Value and Force of Organic Law of Fair Prices is issued (Gaceta Oficial No. 40.787: Decreto No. 2.092, mediante el cual se dicta el Decreto con Rango, Valor y Fuerza de Ley Orgánica de Precios Justos)

Consumer and User Protection Law, 2004 (Ley de protección al consumidor y al usuario, 2004)
The Decree 2,092 and the Consumer and User Protection Law of 2004 provide a comprehensive consumer protection framework that applies to online transactions. According to Art. 3 of the Consumer and User Protection Law, all legal acts entered into between suppliers of goods and services and consumers and users related to the acquisition and leasing of goods, the contracting of public or private services, and any other legal business of economic interest for the parties, are subject to the provisions of the Law.
Coverage E-commerce sector

VENEZUELA

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
Venezuela has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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