BULGARIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.85%
Coverage rate of zero-tariffs on ICT goods (%)
75.05%
Coverage: Digital goods
BULGARIA
Since January 2014
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners (Закон за икономическите и финансовите отношения с дружествата, регистрирани в юрисдикции с преференциален данъчен режим, контролираните от тях лица и техните действителни собственици)
The "Act on the Economic and Financial Relations with Companies Registered in Preferential Tax Regime Jurisdictions, the Persons Related to Them and Their Beneficial Owners" stipulates that companies registered in the jurisdictions listed in §1 No. 64 of the "Supplementary Provisions of the Corporate Income Tax" may not participate in public procurement procedures. This includes a closed list of countries and territories, as well as all jurisdictions with which Bulgaria has no effective double taxation treaties and where taxes are lower than 40% of the taxes in Bulgaria. The ban includes "related parties" – notably shareholders. This restriction is waived when the owners of the company in question are "Bulgarian citizens and known to the public" if the company is publicly traded or if the parent company is a media publisher and declared its owner.
Coverage Horizontal
BULGARIA
Since March 2004, last amended in February 2014
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Rules for the Implementation of the Public Procurement Act (Правилник за прилагане на Закона за обществените поръчки)
Public Procurement Act (Закон за обществените поръчки)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
In 2019, the Directive has been transposed with the Implementing Rules of the Public Procurement Act, as well as by the Public Procurement Act.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20240726225934/https://www2.aop.bg/wp-content/uploads/2021/05/ppzop-20210511.pdf
- https://web.archive.org/web/20220303153022/https://lex.bg/laws/ldoc/2136735703
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
- Show more...
BULGARIA
Reported in 2018, last reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Bulgaria, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
VIETNAM
Since November 2010
Since November 2005
Since November 2005
Pillar Online sales and transactions |
Sub-pillar 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
- Show more...
VIETNAM
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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 |
Sub-pillar Adoption of United Nations Commission on International Trade Law (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
VIETNAM
Since 2005
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Vietnam has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
VIETNAM
Since March 2016
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Circular No. 59/2015/TT-BCT (Thong tu so 59/2015/TT-BCT)
The Ministry of Industry and Trade (MOIT) issued Circular No.59/2015/TT-BCT to regulate the management of e-commerce activities via mobile applications. The circular strictly regulates the operation of e-commerce on mobile applications, which requires registration to MOIT. The circular applies to all Vietnamese individuals and organisations, foreigners who reside in Vietnam, and foreigners and organisations who have a presence in Vietnam through investment, setting up branches, or representative offices.
Coverage E-commerce via mobile applications
VIETNAM
Since January 2020
Pillar Online sales and transactions |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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