Database

Browse Database

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

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.
Coverage E-commerce sector

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 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

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).
Coverage Internet intermediaries

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

VIETNAM

Since June 2018, entry into force in January 2019

Pillar Intermediary liability  |  Indicator User identity requirement
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
According to Art. 26 of Vietnam's Law on Cybersecurity, owners or organisations in charge of websites must authenticate information when a user registers a digital account, ensure confidentiality of user information and accounts, provide user information to the task force in charge of network security protection under the Ministry of Public Security upon written request to serve the investigation and handling of violations of the law on network security.
Coverage Websites

VIETNAM

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

Pillar Intermediary liability  |  Indicator User identity 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. 3.16 and 25.9 of the Decree No.72/2013/ND-CP and its amendment and extension of Decree No.27/2018/ND-CP, online social network service suppliers are required to ensure that only individuals who have supplied "accurate and complete personal information as required by law", including the government-issued card number, may create blogs or provide information on online social networks.
Coverage Online social network service providers

VIETNAM

Since June 2011, last amended in July 2016

Pillar Intermediary liability  |  Indicator User identity requirement
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)
Pursuant to Art. 15.1 of Decree No. 25/2011/ND-CP, individuals subscribing to telecommunications services are required to provide telecommunication enterprises with specific information. This includes the subscriber's full name, date of birth, and, for Vietnamese citizens, the identity card number, along with the date and place of issuance. For foreign citizens, passport details must be provided.
Coverage Telecommunications sector

VIETNAM

Since June 2018, entry into force in January 2019

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
According to Art. 41 of Vietnam's Cybersecurity Law, Internet service providers (ISPs), websites and information systems administrators/owners are responsible for:
- Controlling information content transmitted by users so that such content will not harm or prejudice children or the children’s rights; and
- Preventing the sharing of content and deleting any content that harms or prejudices children or the children’s rights.
In addition, pursuant to Art. 16, information system administrators/owners, telecoms and Internet service providers are required to coordinate with the competent authorities to handle illegal content closely. The ISPs have 24 hours to remove content after they receive a notice from the government authorities.
It is reported that intermediaries—including those based overseas—to regulate third-party contributors in cooperation with the state, and to “eliminate or prevent information” that opposes the republic, threatens national security and the social order, or defies national traditions, among other broadly worded provisions. The laws hold cybercafé owners responsible if their customers are caught visiting prohibited websites.
Coverage Internet intermediaries

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