VIETNAM
Since July 2013, entry into force in September 2013, as amended in April 2018
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
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)
Decree No. 72/2013/ND-CP regulates the management of Internet services and online networks in Vietnam. Art. 23a, introduced through the amendment in Decree No. 27/2018/ND-CP, stipulates that aggregated information websites and social networks must have at least one individual responsible for managing content. This individual must either be a Vietnamese national or a foreign national holding a temporary residence card issued by a competent authority, with a validity period of at least six months from the date of dossier submission.
Art. 20 defines aggregated information websites as platforms operated by agencies, organizations, or enterprises that publish aggregated content, which must be cited textually and accurately from official sources, with proper attribution to the original authors or agencies and the date of publication. Additionally, under Art. 3.22, a social network is defined as an information system that provides users with services such as storage, provision, use, search, sharing, and exchange of information, including functionalities for creating private websites, forums, online chat rooms, audio and video sharing, and other similar services.
Art. 20 defines aggregated information websites as platforms operated by agencies, organizations, or enterprises that publish aggregated content, which must be cited textually and accurately from official sources, with proper attribution to the original authors or agencies and the date of publication. Additionally, under Art. 3.22, a social network is defined as an information system that provides users with services such as storage, provision, use, search, sharing, and exchange of information, including functionalities for creating private websites, forums, online chat rooms, audio and video sharing, and other similar services.
Coverage Internet services and online networks
Sources
- https://web.archive.org/web/20220709143036/https://vnnic.vn/sites/default/files/vanban/decree_no._27.2018.nd-cpof1march2018.pdf
- https://web.archive.org/web/20240416141352/https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn133en.pdf
- https://web.archive.org/web/20220806060030/http://vbpl.vn/tw/Pages/vbpq-van-ban-goc.aspx?ItemID=128671
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VIETNAM
Since November 2010
Since November 2005
Since November 2005
Pillar Online sales and transactions |
Indicator 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
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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 March 2016
Pillar Online sales and transactions |
Indicator 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
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
Since January 2014, last amended in June 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
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.
(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 July 2012, last amended in November 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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.
- 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 2013, last amended in May 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator 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
Since November 2015, entry into force in July 2016
Since July 2016
Since December 2018
Since July 2016
Since December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law on Cyber Information Security No. 86/2015/QH13 (Luật số 86/2015/QH13 An Toàn Thông Tin Mạng)
Decree No. 108/2016/ND-CP
Circular No. 13/2018/TT-BTTTT
Decree No. 108/2016/ND-CP
Circular No. 13/2018/TT-BTTTT
Vietnam's Law on Network Information Security (Law 86/2015/QH13), effective from July 1, 2016, places restrictions and conditions on entities involved in the import, export, and trade of network information security products with encryption capabilities. This law requires importers to navigate a complex process for obtaining import permits involving licenses, certificates of conformity, product specifications, commercial invoices, and contracts.
Decree No.108/2016/ND-CP further outlines the conditions for trading network information security products and services in accordance with Law No. 86/2015/QH13. Art. 4.2 designates the Vietnamese Ministry of Information and Communications (MIC) to compile a list of network information security products requiring import licenses. Following the issuance of the decree, MIC introduced Circular No.13/2018/TT-BTTTT, which details the list of network information security products necessitating import licenses and outlines the associated procedures and required documentation. The specific network information security products subject to import licensing include (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units)
Decree No.108/2016/ND-CP further outlines the conditions for trading network information security products and services in accordance with Law No. 86/2015/QH13. Art. 4.2 designates the Vietnamese Ministry of Information and Communications (MIC) to compile a list of network information security products requiring import licenses. Following the issuance of the decree, MIC introduced Circular No.13/2018/TT-BTTTT, which details the list of network information security products necessitating import licenses and outlines the associated procedures and required documentation. The specific network information security products subject to import licensing include (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units)
Coverage Civil encryption products and services and other network information security products and services (HS Codes 8471 and 8517)
Sources
- https://web.archive.org/web/20241204203112/https://thuvienphapluat.vn/van-ban/EN/Cong-nghe-thong-tin/Law-No-86-2015-QH13-on-Cyberinformation-Security-2015/303120/tieng-anh.aspx
- https://web.archive.org/web/20241204203332/https://english.luatvietnam.vn/decree-no-108-2016-nd-cp-dated-july-o1-2016-of-the-government-on-detailing-conditions-for-provision-of-cybersecurity-products-...
- https://web.archive.org/web/20200219093436/https://mic.gov.vn/Pages/VanBan/14251/13_2018_TT-BTTTT.html
- Show more...
VIETNAM
Since July 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 58/2016/ND-CP
Decree No. 58/2016/ND-CP, issued in July 2016, regulates the sale and provision of civil encryption products and services, as well as the export and import of such products. Under this Decree, corporations seeking to export or import civil encryption products must obtain an export and import licence.
Annex 1 of the Decree specifies the products and services within its scope, including:
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilising civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilising civil encryption products.
Annex 2 outlines civil encryption products requiring export/import licences, listed under the following HS codes: HS 8443, HS 8471, HS 8473, HS 8517, HS 8523, HS 8525, HS 8526, HS 8529, HS 8542, and HS 854.
The National Agency of Cryptography and Information Security (NACIS) is currently drafting a new decree to amend Decree No. 58/2016/ND-CP, addressing various issues related to cyber information security, including the export and import of civil encryption products.
Annex 1 of the Decree specifies the products and services within its scope, including:
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilising civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilising civil encryption products.
Annex 2 outlines civil encryption products requiring export/import licences, listed under the following HS codes: HS 8443, HS 8471, HS 8473, HS 8517, HS 8523, HS 8525, HS 8526, HS 8529, HS 8542, and HS 854.
The National Agency of Cryptography and Information Security (NACIS) is currently drafting a new decree to amend Decree No. 58/2016/ND-CP, addressing various issues related to cyber information security, including the export and import of civil encryption products.
Coverage Civil encryption products and services
VIETNAM
Since November 2015, entry into force in July 2016
Since July 2016
Since December 2018
Since July 2016
Since December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Law on Cyber Information Security No. 86/2015/QH13 (Luật số 86/2015/QH13 An Toàn Thông Tin Mạng)
Decree No. 108/2016/ND-CP
Circular No. 13/2018/TT-BTTTT
Decree No. 108/2016/ND-CP
Circular No. 13/2018/TT-BTTTT
Law No. 86/2015/QH13 imposes restrictions and conditions on entities engaging in the import, export, and trade of various network information security products with encryption capabilities. It has been reported that applications for import permits are cumbersome and involve licenses, certificates of conformity, product specifications, copies of commercial invoices, and copies of commercial contracts or documentary evidence. In addition, Decree No.108/2016/ND-CP stipulates in detail the conditions for trade in network information security products and services related to Law No. 86/2015/Qh13. According to Art. 4.2 of the Decree, the Vietnamese Ministry of Information and Communications (MIC) is assigned to make a list of network information security products to be imported upon license. Upon the Decree, MIC issued Circular No.13/2018/TT-BTTTT. The Circular regulates the list of network information security products to be imported upon licenses and procedures, as well as dossiers for import licensing. The information network security products to be imported upon license include (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units).
Coverage Civil encryption products and services and other network information security products and services (HS Codes 8471 and 8517)
Sources
- https://web.archive.org/web/20220122230551/https://www.innovationfiles.org/vietnams-proposed-law-on-information-network-security-threatens-to-imperil-its-ict-economy/
- https://web.archive.org/web/20200219093436/https://mic.gov.vn/Pages/VanBan/14251/13_2018_TT-BTTTT.html
- https://web.archive.org/web/20230524075512/https://vanban.chinhphu.vn/?pageid=27160&docid=183196
- Show more...
VIETNAM
Since July 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Decree No. 58/2016/ND-CP
Decree No. 58/2016/ND-CP dated July 2016 regulates the sale and provision of civil encryption products and services as well as the export or import of civil encryption products. According to the Decree, corporations who want to export and import civil encryption products are requested to apply for the export and import license. Annex 1 of the Decree lists products and services within the scope of the decree, including:
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilising civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilising civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS 8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
The National Agency of Cryptography and Information Security (NACIS) is currently drafting a new decree to amend Decree No. 58/2016/ND-CP, addressing various issues related to cyber information security, including the export and import of civil encryption products.
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilising civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilising civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS 8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
The National Agency of Cryptography and Information Security (NACIS) is currently drafting a new decree to amend Decree No. 58/2016/ND-CP, addressing various issues related to cyber information security, including the export and import of civil encryption products.
Coverage Civil encryption products and services
VIETNAM
Since May 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
QCVN 118:2018/BTTTT: Technical Regulation on Electromagnetic Compatibility of Multimedia Equipment (QCVN 118:2018/BTTTT Quy chuẩn kỹ thuật quốc gia tương thích điện từ cho thiết bị đa phương tiện – Yêu cầu phát xạ)
Self-certification is allowed in the country for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). Vietnam allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). The National technical regulation QCVN 118:2018/BTTTT requires conformity testing and conformity declaration. The supplier or manufacturer of the equipment declares the equipment meets the technical and administrative requirements. A testing laboratory recognized by the regulator tests the equipment, and the supplier registers this equipment with the regulator. These procedures are based on ISO/IEC 17050, with some modifications and requirements to be in line with the legislation framework of goods and products quality control of Vietnam.
Coverage Electronic products
Sources
- https://web.archive.org/web/20250121011120/https://luatvietnam.vn/thong-tin/quy-chuan-qcvn-118-2018-btttt-yeu-cau-phat-xa-thiet-bi-da-phuong-tien-164785-d3.html
- https://web.archive.org/web/20250107180525/https://web.wtocenter.org.tw/downFiles/138/385514/00PvkUeXzF211111wH61lFWDoPXsdqH4iCBiTTUO6nqsRFYBzux00000ER5QSJCk00000cmTuOJ3sFRnsaeVev0fTwM4yB000007nW2Q==
