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VIETNAM

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

Pillar Intermediary liability  |  Sub-pillar 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

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
Reports indicate that the government restricts access to several websites, including those of Radio Free Asia, Voice of America, the BBC Vietnamese news service, and the 88 Project. Access to international websites such as those of Human Rights Watch has been characterised by instability and unpredictability. According to Nikkei Asia, which monitors online censorship, half of the 1,000 websites it tested in 2022 were inaccessible within the country. The majority of these blocked websites were related to politics (33%), news outlets (27%), and human rights (15%).
It is also reported that content on social media is removed at an alarming rate due to the government's use of the Cybersecurity Law, which took effect in January 2019. Among other requests, in October 2022, Netflix removed a Korean drama and a Chinese series from viewing in Vietnam.
Coverage Websites

VIETNAM

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

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
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. 25 of Decree No. 72/2013/ND-CP and its amendment and extension of Decree No. 27/2018/ND-CP, Internet Services Providers (ISPs) have to coordinate with the State the removing or blocking information that contains prohibited acts, which include: State opposition, undermining national security and social order, conducting propaganda; propagating obscenity, pornography and harming national traditions and customs; providing information offending organisations or individuals; and advertising banned suitable and services, prohibited newspapers, works and publications. Various press reports have highlighted the controversial nature of Decree 72 and its broad scope regarding the capacity to block websites.
Coverage Internet Services Providers (ISPs)

VIETNAM

Since November 2013, last amended in September 2021

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Decree No. 181/2013/ND-CP on Cross-Border Supply of Advertising Services
According to Art. 13 of Decree 181/2013/ND-CP, Vietnamese companies and individuals who want to place online advertisements on foreign websites or platforms must advertise via agents in Vietnam. In addition, Pursuant to Art. 14 of the Decree, foreign companies and individuals who want to place online advertisements on Vietnamese websites or platforms must do so via Vietnamese agents.
Coverage Online advertisement

VIETNAM

Since February 2020, entry into force in April 2020, last amended in January 2022

Pillar Content access  |  Sub-pillar Restrictions on online advertising
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)
According to Art. 95.3 of Decree No.15/2020/ND-CP, a fine ranging from VND 50,000,000 to VND 70,000,000 (approx. 2,040 USD to 2,860 USD) shall be imposed for advertising email and internet message services using servers not located in Vietnam.
Coverage Advertising email and internet message services

VIETNAM

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

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
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)
Vietnam has licensing requirements from the Ministry of Information and Communication (MIC) in place for online social networks, general information websites, mobile telecoms network-based services, and certain online games services under Decree No. 72/2013/ND-CP and its amendment Decree No. 27/2018/ND-CP. These contemplate that companies must be established in Vietnam in order to fulfil the licensing and registration requirements. According to Arts. 22, 25, 28, and 34 of Decree No. 72, providers of websites, social networks, information on the mobile network, and online games, respectively, have to have at least one server inside the country "serving the inspection, storage, and provision of information at the request of competent state management agencies".
Coverage Providers of online social networks, general information websites, mobile telecoms network-based services and certain online games services

VIETNAM

Reported in 2021, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Import ban
It is reported that Vietnam prohibits commercial importation of some products, including encryption devices and encryption software. This applies despite Vietnam's agreement in its WTO Accession Protocol to the principle of no restriction or regulation on commercially traded goods equipped with encryption technology.
Coverage Encryption devices and encryption software

VIETNAM

Since November 2013, last amended in May 2018
Since January 2014, last amended in June 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Decree No. 69/2018/ND-CP on Guidelines for the Law on Foreign Trade Management (Nghị định Số 69/2018/NĐ-CP Quy Định Chi Tiết Một Số Điều Của Luật Quản Lý Ngoại Thương)

Circular No. 12/2018/TT-BCT dated 15 June 2018 elaborating of the Law on Foreign Trade Management and Government’s Decree No. 69/2018/ND-CP elaborating of the Law on Foreign Trade Management
In November 2013, the Government of Vietnam issued Decree No. 187/2013/ND-CP, implementing the Commercial Law on international trade in goods and the activities of international agents involved in buying, selling, outsourcing, and transiting goods. The Decree outlined products that were either banned from importation or required an import licence, assigning regulatory oversight to specific entities. Annex 1 of the Decree identified goods banned from import, including:
(i) Used electronic products, regulated by the Ministry of Industry and Trade (MOIT);
(ii) Used IT products, regulated by the Ministry of Information and Communications (MIC);
(iii) Specific radio equipment and radio wave-applied devices, also regulated by MIC.
To facilitate the implementation of this Decree, MOIT issued Circular No. 04/2014/TT-BCT in January 2014, which provided additional details and a more specific list of used products prohibited from import. Annexe 1 of the Circular included:
(i) Personal laptops (HS 8471);
(ii) Cellphones (HS 8517);
(iii) Digital cameras (HS 8525);
(iv) Video game consoles and machines (HS 9504).
In May 2018, the Government introduced Decree No. 69/2018/ND-CP, which replaced Decree No. 187/2013/ND-CP and reallocated the list of import licensing requirements to Annex 3. Subsequently, on 15 June 2018, MOIT replaced Circular No. 04/2014/TT-BCT with Circular No. 12/2018/TT-BCT, though the list of banned electronic products remained unchanged.
Coverage Certain ICT products

VIETNAM

Since June 2018, entry into force in January 2019

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
The Law on Cybersecurity stipulates that businesses have to provide users’ data to the Ministry of Public Security upon receipt of requests in writing in cases where any infringement of the cybersecurity law is being investigated (Art. 26).
Coverage Horizontal

VIETNAM

Since July 2012, last amended in November 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Circular No. 11/2018/TT-BTTTT
In July 2012, the Vietnamese Ministry of Information and Communications introduced Circular No.11/2012/TT-BTTTT, which amended the list of prohibited imported IT products, with some exceptions. This was further extended and detailed by Circular 31/2015/TT-BTTTT, effective from December 15, 2015. This extension included additional guidelines for implementing the ban. Subsequently, on October 15, 2018, following Decree 69/2018/ND-CP, the Vietnamese Ministry of Information and Communications issued Circular No. 11/2018/TT-BTTTT, providing a comprehensive list of banned imported IT products. This new circular replaced Annex 1 of Circular 31/2015/TT-BTTTT and prohibited the import of the following items:
- HS8443: Printing machinery used for printing using plates, cylinders, and other printing components, excluding certain machines.
- HS8470: Calculating machines, pocket-size data recording and reproducing machines with calculating functions, and similar machines, excluding specific categories.
- HS8471: Automatic data processing machines, magnetic or optical readers, machines for transcribing data, and machines for processing data.
- HS8517: Telephone sets, wireless communication apparatus, and other transmission or reception devices, excluding specific categories.
- HS8518: Microphones, loudspeakers, headphones, amplifiers, and related devices.
- HS8525: Transmission apparatus for radio and television, as well as radar and radio remote control apparatus.
- HS8526: Radar apparatus, radio navigational aid apparatus, and radio remote control apparatus.
- HS8527: Reception apparatus for radio and broadcasting, with or without sound recording apparatus.
- HS8528: Reception apparatus for television and related devices.
- HS8534: Printed circuits.
- HS8540: Thermionic, cold cathode, or photocathode valves and tubes, including cathode-ray television picture tubes.
- HS8544: Insulated wires, cables, and other electric conductors, including optical fibre cables.
Coverage Certain used IT goods

VIETNAM

Since November 2015, entry into force in July 2016

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law on Cyber Information Security No. 86/2015/QH13 (Luật số 86/2015/QH13 An Toàn Thông Tin Mạng)
Art. 17.1.c of the Law on Cyber Information Security No. 86/2015/QH13 requires technology companies to share user data at the request of competent state agencies. It also mandates that authorities be given decryption keys on request, and it introduces licensing requirements for tools that offer encryption as a primary function. There is no mention of a requirement for a court order.
Coverage Horizontal

VIETNAM

Since November 2013, last amended in May 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 69/2018/ND-CP on Guidelines for the Law on Foreign Trade Management (Nghị định Số 69/2018/NĐ-CP Quy Định Chi Tiết Một Số Điều Của Luật Quản Lý Ngoại Thương)
In November 2013, the Government of Vietnam issued Decree No. 187/2013/ND-CP on the implementation of Commercial Law regarding international trade in goods and activities of international agents relating to buying, selling, outsourcing, and transiting of goods. The Decree detailed a list of products to be banned from importation or to be required with an import license. Annex 2 of Decree 187/2013/ND-CP listed goods that require an import license. These include (i) Goods that need import control according to the provisions of international treaties to which Vietnam is a member; (ii) Radio transmitting and receiving equipment with a frequency band from 9 KHz to 400 GHz, with a capacity of 60 mW or more. In May 2018, the Government of Vietnam issued Decree No. 69/2018/ND-CP on Detailed provisions on a number of articles of the Commercial Law. The Decree replaced Decree No. 187. However, the list of import licensing requirements is reallocated to Annex 3 of the Decree 69/2018/ND-CP.
Coverage Certain IT products

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

VIETNAM

Since June 2011, last amended in July 2016

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
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)
Arts. 19-21 of Decree No. 25/2011/ND-CP outline the requirements for enterprises applying for a license in the telecom sector in Vietnam. These requirements vary across types of service and geographical coverage. They include minimum capital requirements from VND 5 Billion (approx. 218,000 USD) to VND 500 Billion (approx. 21.8 million USD) and investment plans from VND 15 billion (approx. 700,00 USD) to 7,500 VND Billion (approx. 322.5 million USD) among other requirements.
Coverage Telecommunications sector

VIETNAM

Since March 2007

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Vietnam has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

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