VIETNAM
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (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 |
Sub-pillar 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
Since October 2011
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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)
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
Sources
- https://web.archive.org/web/20221020082322/http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10472
- https://web.archive.org/web/20250123233313/https://vbpl.vn/bocongan/Pages/vbpq-toanvan.aspx?ItemID=26953&Keyword=
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=tc&d2c=vnm
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VIETNAM
Since December 2008
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
Sources
- https://web.archive.org/web/20250123224400/https://thuvienphapluat.vn/van-ban/EN/Dau-tu/Decree-No-121-2008-ND-CP-of-December-03-2008-on-investment-activities-in-the-post-and-telecommunications-sector/...
- https://web.archive.org/web/20250123224430/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S410R1.pdf&Open=True
- https://web.archive.org/web/20250123224525/https://www.lexology.com/library/detail.aspx?g=8360d925-b1cf-4630-9f76-a27f4e764c12
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VIETNAM
Since June 2011, last amended in July 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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 |
Sub-pillar 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.
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
Sources
- https://web.archive.org/web/20250121211040/https://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=11133
- https://web.archive.org/web/20250121211127/https://www.lexology.com/library/detail.aspx?g=71b4d768-7f5f-488b-9754-e76953434572
- https://web.archive.org/web/20231003162539/https://www.state.gov/reports/2023-investment-climate-statements/vietnam/
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VIETNAM
Since June 2020, entry into force in January 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar 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
Sources
- https://web.archive.org/web/20250121211040/https://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=11133
- https://web.archive.org/web/20250121211127/https://www.lexology.com/library/detail.aspx?g=71b4d768-7f5f-488b-9754-e76953434572
- https://web.archive.org/web/20231003162539/https://www.state.gov/reports/2023-investment-climate-statements/vietnam/
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VIETNAM
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)
0.24%
Coverage rate of zero-tariffs on ICT goods (%)
65.92%
Coverage: Digital 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
VIETNAM
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in ITA Expansion Agreement (ITA II)
Vietnam is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Burkina Faso has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Burkina Faso has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BURKINA FASO
Since November 2008
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
According to Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be imported for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force.
Coverage Telecom and radio equipment
BURKINA FASO
Since November 2008
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Law No. 061-2008/AN on the General Regulation of Electronic Communications Networks and Services (Loi No. 061-2008/AN portant réglementation générale des réseaux et services de communications électroniques au Burkina Faso)
Telecom companies need to submit their equipment for testing to the regulator or its delegated entity. Under Art. 130 of Law No. 061-2008/AN, no radio equipment used for the transmission, reception or transmission and reception of signals and correspondence may be manufactured, imported or marketed for use in Burkina Faso unless it has been approved by the Regulatory Authority. To this end, the Authority may carry out any verification to ensure that the equipment complies with the regulations in force. Equipment includes hardware and software used to provide electronic communications services.
Coverage Telecom and radio equipment
BURKINA FASO
Since December 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. 2018-1199 on Distributive Trade in Burkina Faso (Décret No. 2018-1199/PRES/PM/MCIA/MUH/MINEFID/MATD/MJDHPC relatif au commerce de distribution au Burkina Faso)
According to Art. 5 of Decree No. 2018-1199, e-retailers must get a professional trader card. To obtain it, they must register in the trade register and have a unique financial identification number (IFU), in addition to providing a copy of an ID card, an application form, a copy of company status, two tax stamps, and a certificate of tax status.
Coverage E-retailers
BURKINA FASO
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Burkina Faso does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. However, it is reported that there is an informal threshold of USD 100.
Coverage Horizontal