VANUATU
Since December 2000, entry into force in February 2011, last amended in July 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Related Rights Act 2000
Vanuatu has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. The exceptions include the purposes of research or private study, legal advice, criticism or review.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
VANUATU
Since December 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act No. 52 of 2000
The Trade Secrets Act provides a framework for the effective protection of trade secrets. According to the Act, a trade secret is information that is not commonly known or easily accessible to those involved in similar fields. It can also pertain to someone's business or professional matters and, if disclosed, would negatively impact their lawful activities. Additionally, a trade secret holds commercial value due to its confidentiality and exclusivity. If a trade secret is acquired, used, or disclosed by a person without the authority of the owner of the trade secret, the owner has the right to apply to the Court for a declaration that the trade secret has been acquired, used, or disclosed without authority. The Court may grant an injunction preventing anyone from dealing with, or otherwise using, the secret in a commercial way; and if it is satisfied that the owner has suffered damage because of the unauthorised disclosure—award damages to the owner.
Coverage Horizontal
VANUATU
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)
5.84%
Coverage rate of zero-tariffs on ICT goods (%)
43.1%
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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
VANUATU
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 Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Vanuatu 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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VANUATU
Since July 2021
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Contracts And Tenders Regulation Consolidation Edition 2021
Pursuant to Art. 12 of the Government Contracts and Tenders Regulation (Consolidation Edition 2021), the head of a government agency must publish an open tender notice outside Vanuatu only where the Board or the head of the agency is satisfied that the relevant goods, services, or works are unlikely to be sourced from within Vanuatu at the best price or quality. Moreover, pursuant to Art. 39, irrespective of whether procurement is conducted through an open tender, a limited tender, or a request-for-quotation process, computer hardware, software, and accessories must be purchased only from a supplier authorised by the Office of the Government Chief Information Officer.
Coverage Horizontal
VANUATU
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)
Vanuatu is not a party to the World Trade organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
VANUATU
Since January 2020, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Vanuatu Foreign Investment Promotion Act No. 25 of 2019
Pursuant to Art. 16 of the Vanuatu Foreign Investment Promotion Act No. 25 of 2019, a foreign investor may undertake any investment activity in Vanuatu unless the activity is classified as a prohibited or reserved activity. However, none of the sectors included is relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240530215204/https://tradeportal.gov.vu/media/Foreign%20Investment%20Act%20No%20%2025%20of%202019%20(2).pdf
- https://web.archive.org/web/20250723024250/https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Private%20Partnership%20Consequential/Bill%20for%20the%20Public%20Private%20Partnersh...
- https://www.wto.org/english/news_e/news_docs/S481_e.pdf
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VANUATU
Since January 2020, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Vanuatu Foreign Investment Promotion Act No. 25 of 2019
Art. 45.9 of the Foreign Investment Act No. 25 of 2019 stipulates that foreign investors must establish a joint partnership with a citizen of Vanuatu if their business activities are expanded more than three times through variations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240530215204/https://tradeportal.gov.vu/media/Foreign%20Investment%20Act%20No%20%2025%20of%202019%20(2).pdf
- https://web.archive.org/web/20250723024250/https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Private%20Partnership%20Consequential/Bill%20for%20the%20Public%20Private%20Partnersh...
- https://www.wto.org/english/news_e/news_docs/S481_e.pdf
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VANUATU
Since August 2015, as amended in December 2018, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act No. 25 of 2012
According to Art. 83(5) of the Companies Act, as amended in December 2018, requires companies to ensure that at least one director must be a natural person who ordinarily resides in Vanuatu.
Coverage Horizontal
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
VIETNAM
Since 2005
Pillar Online sales and transactions |
Indicator 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 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
