VIETNAM
Since November 2015, entry into force in July 2016
Pillar Technical standards applied to ICT goods and online services |
Indicator Restrictions on encryption standards
Law on Cyber Information Security No. 86/2015/QH13 (Luật số 86/2015/QH13 An Toàn Thông Tin Mạng)
Art. 36 of Law No. 86/2015/QH13 states that the responsibilities of users of cryptographic products and services include providing the necessary information on cryptographic keys to the competent state authorities upon request. The Law also introduces licensing requirements for tools that offer encryption as a primary function.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231115170116/http://english.mic.gov.vn/Upload/VanBan/Law-on-Network-Information-Security-16-05-30.pdf
- https://web.archive.org/web/20231116183259/https://freedomhouse.org/country/vietnam/freedom-net/2022
- https://web.archive.org/web/20221203015431/http://thediplomat.com/2016/10/the-trouble-with-vietnams-cyber-security-law/
- https://web.archive.org/web/20230524075512/https://vanban.chinhphu.vn/?pageid=27160&docid=183196
- https://web.archive.org/web/20210625220414/http://www.secdev-foundation.org/wp-content/uploads/2016/09/FN-TS-15-Vietnamese-Cyber-Security-Law-Threatens-Privacy-Rights-and-Encryption.pdf
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VIETNAM
Since May 2013, entry into force in July 2013, last amended in January 2018
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decree No. 52/2013/ND-CP on E-commerce (Nghị định 52/2013/ND-CP về Thương mại điện tử)
Sections 35 and 60 of Decree No. 52/2013/ND-CP provide that certain E-commerce services need to be licensed by the Ministry of Industry and Trade: E-commerce websites that permit participants to sell and purchase goods according to the method of goods exchange; evaluation and certification of personal data protection policies of traders, organisations and individuals participating in e-commerce activities; and certification of e-contracts.
In addition, Art. 44 states that traders and organisations providing online auction services must register the provision of auction services, and under Art. 52, traders, organisations or individuals may set up sales e-commerce websites if, among other conditions, they have notified the Ministry of Industry and Trade. Also, pursuant to the provisions of Art. 61, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organisation established under Vietnamese law.
In addition, Art. 44 states that traders and organisations providing online auction services must register the provision of auction services, and under Art. 52, traders, organisations or individuals may set up sales e-commerce websites if, among other conditions, they have notified the Ministry of Industry and Trade. Also, pursuant to the provisions of Art. 61, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organisation established under Vietnamese law.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20200130050957/https://nhankiet.vn/vi/w2417/DECREE-522013NDCP-ON-ECOMMERCE--ECOMMERCE.html
- https://web.archive.org/web/20231207100800/https://thuvienphapluat.vn/van-ban/Dau-tu/Nghi-dinh-08-2018-ND-CP-sua-doi-Nghi-dinh-dieu-kien-dau-tu-kinh-doanh-quan-ly-Bo-Cong-thuong-372290.aspx
- https://web.archive.org/web/20241204202305/https://lawnet.vn/ngan-hang-phap-luat/en/tu-van-phap-luat/cong-nghe-thong-tin/what-are-regulations-on-conditions-for-edocuments-to-have-legal-validity-as-the...
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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
Since April 2023, entry into force in July 2023
Pillar Domestic data policies |
Indicator Framework for data protection
Decree No. 13/2023/ND-CP on the Protection of Personal Data (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Decree No. 13/2023/ND-CP provides a comprehensive regime of data protection in Vietnam. The Decree establishes data protection principles, data subject rights, and data controller and data processor obligations, among other things. More specifically, the Decree introduces restrictions on cross-border data transfers and obligations for data processing, including the purchase and sale of personal information, as well as marketing and advertising. The Decree is accompanied by other legislation which provides personal data protection, including the Law on Cyber Information Security No. 86/2015/QH13, the Law on Cybersecurity No. 24/2018/QH14, and Law No. 59/2010QH12 of 17 November 2010 on Protection of Consumers' Rights.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240405122006/https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Nghi-dinh-13-2023-ND-CP-bao-ve-du-lieu-ca-nhan-465185.aspx
- https://web.archive.org/web/20231204103948/https://www.dataguidance.com/jurisdiction/vietnam
- https://web.archive.org/web/20230128135134/https://www.linklaters.com/en/insights/data-protected/data-protected---vietnam
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VIETNAM
Since November 2013, last amended in September 2021
Pillar Content access |
Indicator 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
Sources
- https://web.archive.org/web/20211204102147/http://vbpl.vn/TW/Pages/vbpq-toanvan.aspx?ItemID=32607&Keyword=
- https://asemconnectvietnam.gov.vn/law.aspx?ZID1=10&ID1=2&MaVB_id=2922
- https://web.archive.org/web/20241204195358/https://lawnet.vn/en/vb/Decree-No-181-2013-ND-CP-on-elaboration-of-some-articles-of-the-law-on-advertising-346BB.html
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VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Domestic data policies |
Indicator Minimum period for data retention
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 Decree No. 72 of 2013, aggregated information websites are required to store the information for at least 90 days from the date it is posted on the website (Article 24). An electronic information page (website) is an information system used to establish one or more information pages presented in the form of symbols, numbers, words, images, sounds and other forms of information in service of the provision and use of information on the Internet (Art. 3.21). In March 2018, the Vietnamese government issued Decree No. 27/2018/ND-CP to partially amend and enhance Decree No. 72. Requirement on data retention remains at least 90 days from the date it is posted on the website. Also, the data processing log is required to be stored for at least two years.
Coverage Aggregated information websites
VIETNAM
Since February 2020, entry into force in April 2020, last amended in January 2022
Pillar Content access |
Indicator 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
Sources
- https://web.archive.org/web/20241204195942/https://thuvienphapluat.vn/van-ban/EN/Cong-nghe-thong-tin/Decree-15-2020-ND-CP-penalties-for-administrative-violations-against-regulations-on-postal-services...
- https://web.archive.org/web/20241204200101/https://www.dataguidance.com/news/vietnam-mic-clarifies-fines-spam-and-illegal
VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Domestic data policies |
Indicator Minimum period for data retention
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 establishes the management of Internet service and online networks. In March 2018, the Vietnamese government issued Decree No.27/2018/ND-CP to amend and enhance Decree 72 partially. Data retention requirements for online networks are listed in Art. 23(c). The regulation requires data on account users, log-in and log-off time, user IP address, and data processing log to be stored for at least two years.
Coverage Online networks
VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Content access |
Indicator 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
Sources
- https://web.archive.org/web/20140407234852/https://36mfjx1a0yt01ki78v3bb46n15gp.wpengine.netdna-cdn.com/wp-content/uploads/2013/09/Decree-No.-72-Social-Media-and-Constraints-Vietnam-Legal-Trends.pdf
- https://web.archive.org/web/20201028112100/http://www.itpc.gov.vn/investors/how_to_invest/law/Decree_No.72_2013/mldocument_view/?set_language=en
VIETNAM
Since April 2023, entry into force in July 2023
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Decree No. 13/2023/ND-CP on the Protection of Personal Data (Nghị định số 13/2023/NĐ-CP của Chính phủ: Bảo vệ dữ liệu cá nhân)
Art. 28 of Decree No. 13/2023/ND-CP requires a data controller and/or a data processor to appoint a department to protect personal data and to appoint a DPO if there is sensitive personal data involved. The information of such DPO must be notified to the Cybersecurity Department.
Coverage Horizontal
VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
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)
Art. 19 of Decree No. 72 of 2013, and its extension in Decree 27/2018, regulates that "organisations and individuals that use Internet resources shall provide information and cooperate with competent state management agencies at the latter’s request".
Coverage Internet services and online networks
VIETNAM
Since June 2018, entry into force in January 2019
Pillar Domestic data policies |
Indicator 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 November 2015, entry into force in July 2016
Pillar Domestic data policies |
Indicator 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 April 2023
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Decree No. 17/2023/ND-CP, guiding a number of articles of the Amended IP Law with regard to copyright and related rights (Nghị định quy định chi tiết một số điều và biện pháp thi hành Luật Đấu thầu về lựa chọn nhà thầu)
Decree No. 17/2023/ND-CP establishes a safe harbour regime for intermediaries for copyright infringements. According to the Decree, to benefit from this safe harbour, Internet Service Providers (ISPs) must act promptly to remove or block content upon acquiring "knowledge" of copyright infringement. While Decree No. 17 does not define "knowledge," it considers takedown notices from authorities or rights holders as evidence of ISPs' "knowledge" without specifying whether such notices must be substantiated (Arts. 113.3 and 114.5).
Additionally, Decree No. 17 outlines the required information and documents for takedown notices and counter-responses, indicating that ISPs must take appropriate action—such as removal, blocking, or restoration—upon receipt of the complete set of required information and documents (Art. 111.4).
Additionally, Decree No. 17 outlines the required information and documents for takedown notices and counter-responses, indicating that ISPs must take appropriate action—such as removal, blocking, or restoration—upon receipt of the complete set of required information and documents (Art. 111.4).
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231001051709/https://vietanlaw.com/decree-no-17-2023-nd-cp-elaborating-the-law-on-intellectual-property-regarding-copyrights-and-related-rights/
- https://web.archive.org/web/20230830164510/https://datafiles.chinhphu.vn/cpp/files/vbpq/2023/5/17-cp.signed.pdf
- https://web.archive.org/web/20231202023909/https://rouse.com/insights/news/2023/intermediary-service-providers-liabilities-under-the-amended-ip-law-and-decree-on-copyright#_ftn13
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VIETNAM
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Vietnam's law and jurisprudence.
Coverage Internet intermediaries
