Copyright is not adequately enforced online in Vietnam. Reports indicate that online piracy is a major issue, particularly the use of illegal streaming devices and related piracy applications to access unauthorised audiovisual content.

Vietnam has joined an agreement with binding commitments to open transfers of data across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11). However, the country has been given a period of five years to comply with the requirement.

Vietnam has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Vietnam has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law No. 50/2005/QH11 and Decree 54/2000/ND-CP provide a framework for the effective protection of trade secrets. The law defines trade secrets as information obtained from activities of financial or intellectual investment that has not yet been disclosed and can be used in business. A trade secret is eligible for protection when it meets certain criteria: it is not commonly known or easily accessible, it provides advantages to its holder in business activities, and its owner takes necessary measures to maintain its secrecy. The Intellectual Property Law identifies actions that infringe on trade secret rights, such as unauthorised access or disclosure of trade secret information,and breaching security contracts. However, there are limitations to trade secret rights, including instances where the trade secret was unknowingly acquired illegally, disclosure is necessary to protect the public, or the use is non-commercial or independent creation.

According to the Law on Telecommunications, infrastructure sharing is mandated. It is reported that passive sharing is effective in both the mobile and fixed sectors.

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).

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.

There are three big corporations dominating the Vietnamese telecommunication markets: VNPT, Viettel, and Mobifone. All these three corporations are owned or partially owned by the government and dominate more than 96% of the market.

It is reported that there is no requirement for functional or accounting separation required for operators with significant market power.

Arts. 19-21 of Decree No. 25/2011/ND-CP outline the requirements for enterprises applying for a license in the telecom sector in Vietnam. These requirements vary across types of service and geographical coverage. They include minimum capital requirements from VND 5 Billion (approx. 218,000 USD) to VND 500 Billion (approx. 21.8 million USD) and investment plans from VND 15 billion (approx. 700,00 USD) to 7,500 VND Billion (approx. 322.5 million USD) among other requirements.

Vietnam has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Art. 31 of Decree No. 72/2013/ND-CP stipulates that foreign organisations and individuals offering online gaming services to Vietnamese users are required to establish enterprises in compliance with Vietnamese law, as prescribed by this Decree and the laws governing foreign investment. This provision establishes a local entity requirement for online gaming services, necessitating that foreign entities form a local enterprise.

Pursuant to the provisions of Art. 61.1 of Decree No. 52/2013/ND-CP on e-commerce, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organisation established under Vietnamese law.