Database

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VIETNAM

Since March 2007

Pillar Telecom infrastructure & competition  |  Indicator Signature of the 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

VIETNAM

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of independent telecom authority
Vietnam does not have an independent telecom authority. The Authority of Telecommunications is a ministerial unit which performs the advisory and regulatory functions over the telecommunications sectors nationwide.
Coverage Telecommunications sector

VIETNAM

Since December 2025, entry into force in July 2026
Since June 2018, entry into force in January 2019, until July 2026
Since August 2022, entry into force in October 2022, until July 2026

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law on Cybersecurity No. 116/2025/QH15 (Luật số 116/2025/QH15 của Quốc hội: Luật An ninh mạng)

Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)

Decree No. 53/2022/ND-CP Detailing Some Articles of the Law on Cybersecurity (Nghị định số 53/2022/NĐ-CP của Chính phủ: Quy định chi tiết một số điều của Luật An ninh mạng)
Art. 25.3 of the Law on Cybersecurity stipulates that both domestic and foreign enterprises providing services via telecommunications networks, the Internet, and value-added services in cyberspace within Vietnam, and which collect, use, analyse, or process personal data, data concerning service users’ relationships, or data generated by service users in Vietnam, are required to implement data protection measures in accordance with the law. Such data must be stored within the territory of Vietnam for the duration prescribed by the Government of Vietnam. This replaces Law on Cybersecurity No. 24/2018/QH14 and Decree No. 53/2022/ND-CP Detailing Some Articles of the Law on Cybersecurity, which contained similar restrictions.
Coverage Horizontal
Sources

VIETNAM

Since August 2015
Since February 2020, entry into force in April 2020, last amended in January 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Circular No. 24/2015/TT-BTTTT stipulating management and use of internet resources (Thông tư 24/2015/TT-BTTTT về quản lý và sử dụng tài nguyên Internet)

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. 7.4 of Circular No. 24, electronic general information websites and social networking platforms licensed to operate in Vietnam are required to employ at least one ".vn" domain name and to store data on servers whose IP addresses are located within the territory of Vietnam. Art. 44.1(d) of Decree No. 15/2020/ND-CP stipulates penalties for failure to use the national domain name ".vn" or for failing to store information on a server system with an IP address in Vietnam. This provision applies to licensed electronic newspapers, general electronic information websites, electronic portals, and social networks.
Coverage Electronic newspapers, general electronic information websites, electronic portals, and social networks

VIETNAM

Since December 2024, entry into force in January 2025

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Decree No. 163/2024/ND-CP: Elaboration of Some Articles and Measures for Enforcement of the Law on Telecommunications (Nghị định số 163/2024/NĐ-CP của Chính phủ: Quy định chi tiết một số điều và biện pháp thi hành Luật Viễn thông)
Art. 30 of Decree 163 stipulates that data belonging to state authorities utilising data centre or cloud services must be stored exclusively within the territory of Vietnam. It is reported that this provision implies that a foreign data centre or cloud service provider seeking to contract with a state agency would be required to establish facilities within Vietnam.
Coverage Public sector

VIETNAM

Since November 2024, entry into force in December 2024
Since July 2013, until December 2024

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Decree No. 147/2024/ND-CP on the management, provision and use of internet services and online information (Nghị định số 147/2024/NĐ-CP của Chính phủ: Quản lý, cung cấp, sử dụng dịch vụ internet và thông tin trên mạng)

Decree No. 72/2013/ND-CP: 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. 27 of Decree No. 147/2024/ND-CP mandates that general electronic information websites and social networking platforms must store user data on servers utilising Internet Protocol (IP) addresses located within the territory of Vietnam. In addition, it requires the presence of at least one server situated in Vietnam for the purposes of inspection and data provision. Art. 3 defines a general information website as an electronic information website of an agency, organisation, or enterprise that provides general information.
Decree No. 147/2024/ND-CP supersedes Decree No. 72/2013/ND-CP, which, in Arts. 24, 25, 28, and 34, previously imposed similar requirements on providers of websites, social networks, mobile network-based information services, and online gaming services, respectively, stipulating that they maintain at least one server within the country.
Coverage General electronic information websites and social networking platforms

VIETNAM

Since June 2025, entry into force in January 2026
Since April 2023, entry into force in July 2023, until January 2026

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 91/2025/QH15 on Personal Data Protection (Luật số 91/2025/QH15 của Quốc hội: Luật Bảo vệ dữ liệu cá nhân)

Decree No. 13/2023/ND-CP of the Government on Personal Data Protection (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Art. 20 of the Law on Personal Data Protection stipulates that agencies, organisations and individuals engaging in specified forms of cross‑border personal data transfer must prepare an impact assessment dossier and submit one original copy to the authority responsible for personal data protection within 60 days of the initial transfer. These activities include transferring personal data stored in Vietnam to data systems located abroad, transferring personal data from Vietnam to foreign organisations or individuals, and processing personal data collected in Vietnam through platforms located outside the territory of Vietnam. Such an impact assessment is required to be conducted only once and remains valid for the entire duration of the operations of the relevant entity. The competent authority may decide to request the suspension of cross‑border personal data transfers where it determines that the use of the transferred data may adversely affect national defence or security. However, certain cases are exempt from the requirement to conduct a cross‑border transfer impact assessment, including transfers carried out by competent state authorities, the storage of employees’ personal data by agencies and organisations on cloud computing services, transfers initiated directly by the data subject, and other cases as prescribed by the Government.
Art. 25 of Decree No. 13/2023/ND-CP already contains substantially similar restrictions on cross‑border transfers of personal data. That Decree is scheduled to be repealed in 2026, concurrently with the entry into force of the Law on Personal Data Protection.
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 adopted 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 adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

VIETNAM

Since November 2005, last amended in April 2026

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law No. 50/2005/QH11 on Intellectual Property (Luật số 50/2005/QH11 ngày 29/11/2005 về Luật Sở hữu trí tuệ)
The Law on Intellectual Property provides a framework for effective protection of trade secrets.
Coverage Horizontal

VIETNAM

Since September 2019, entry into force in January 2020
Since November 2020, entry into force in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 73/2019/ND-CP, of the Government regulating the management of investment in information technology application using state budget capital (QUY ĐỊNH QUẢN LÝ ĐẦU TƯ ỨNG DỤNG CÔNG NGHỆ THÔNG TIN SỬ DỤNG NGUỒN VỐN NGÂN SÁCH NHÀ NƯỚC)

Circular No. 40/2020/TT-BTTTT, stipulating criteria for determining domestically produced information technology products and services that are prioritized for investment, lease, and procurement (QUY ĐỊNH TIÊU CHÍ XÁC ĐỊNH SẢN PHẨM, DỊCH VỤ CÔNG NGHỆ THÔNG TIN SẢN XUẤT TRONG NƯỚC ĐƯỢC ƯU TIÊN ĐẦU TƯ, THUÊ, MUA SẮM)
Circular No. 40 seeks to enhance the legal framework governing the prioritisation of domestically produced information technology (IT) products and services in investment, hiring, and procurement, as mandated by Art. 4 of Decree No. 73/2019/ND-CP. The Circular provides guidance to state agencies on consulting and accessing information regarding prioritised IT products and services for these purposes. Enterprises whose IT products and services meet the priority criteria outlined in the Circular (Arts. 5-9) are eligible to receive preferential consideration from state agencies in investment, leasing, and procurement processes.
Coverage Horizontal

VIETNAM

Since November 2023, entry into force in July 2024

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Law No. 24/2023/QH15 on Telecommunications (Luật số 24/2023/QH15 của Quốc hội: Luật Viễn thông)
Art. 13.4.b of the Law on Telecommunications stipulates that service providers owning network infrastructure are under an obligation to lease passive infrastructure to other telecommunications enterprises, provided that such leasing is consistent with the approved passive infrastructure master plans and is both economically and technically feasible. Art. 47 further provides that the sharing of telecommunications infrastructure shall be conducted pursuant to contractual arrangements that ensure the protection of the lawful rights and interests of all relevant stakeholders. Where the stakeholders are unable to reach agreement on the pricing of shared telecommunications infrastructure, negotiations shall be undertaken in accordance with the legal framework governing price regulation. In the event that agreement cannot be reached on other aspects of infrastructure sharing, the matter shall be determined by the competent State authorities.
Coverage Telecommunications sector

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

Since November 2023, entry into force in July 2024

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Law No. 24/2023/QH15 on Telecommunications (Luật số 24/2023/QH15 của Quốc hội: Luật Viễn thông)
Art. 11 of the Law on Telecommunications establishes a limitation on share ownership by requiring the State to retain its capital contributions and controlling shareholdings in telecommunications enterprises. This measure ensures continued government control over operators possessing network infrastructure of particular importance to the functioning of the national telecommunications system, given their direct implications for socio-economic development and the maintenance of defence and security. In practice, this requirement is understood to apply to major state-owned telecommunications companies that dominate the fixed-line services market in Vietnam, notably Viettel and the Vietnam Posts and Telecommunications Group.
Coverage Government-controlled telecommunications companies

VIETNAM

Since November 2023, entry into force in July 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 24/2023/QH15 on Telecommunications (Luật số 24/2023/QH15 của Quốc hội: Luật Viễn thông)
Art. 11 of the Law on Telecommunications establishes a limitation on share ownership by requiring the State to retain its capital contributions and controlling shareholdings in telecommunications enterprises. This measure ensures continued government control over operators possessing network infrastructure of particular importance to the functioning of the national telecommunications system, given their direct implications for socio-economic development and the maintenance of defence and security. In practice, this requirement is understood to apply to major state-owned telecommunications companies that dominate the fixed-line services market in Vietnam, notably Viettel and the Vietnam Posts and Telecommunications Group.
Coverage Government-controlled telecommunications companies

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