LEBANON
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the 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)
Lebanon is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal
VIETNAM
Since January 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Circular 23/2019/TT-NHNN (Thông tư Số: 23/2019/TT-NHNN)
In 2015, the State Bank of Vietnam issued Circular 39/2014/TT-NHNN to regulate payments via intermediaries, and the Circular was then replaced by Circular 23/2019/TT-NHNN in 2019. E-payments made via intermediaries such as e-wallets are regulated under this Circular. According to the Circular, owners of e-wallets must link the wallet to a bank account created in Vietnam or via branches of foreign banks in Vietnam in order to make payments in Vietnam.
Coverage E-payments
VIETNAM
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 43, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
VIETNAM
Since July 2013, entry into force in September 2013, last amended in April 2018
Pillar Online sales and transactions |
Indicator Restrictions on domain names
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)
Chapter 2 of Decree No. 72/2013/ND-CP on ".vn" domain service regulates that foreign companies that provide ".vn" domain registration must either establish the business in Vietnam according to Vietnamese law or have a contract with ICANN-accredited registrars. In addition, foreign companies that provide ".vn" domain registration services must have a contract with the Vietnam Internet Network Information Center to provide ".vn" domain registration services.
Coverage ".vn" domain providers
VIETNAM
Since February 2020, entry into force in April 2020, last amended in January 2022
Pillar Online sales and transactions |
Indicator Restrictions on domain names
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)
In February 2020, the Vietnamese government issued Decree No. 15/2020/ND-CP to regulate administrative violations in several sectors including the telecommunications sector, IT and electronic transactions. Art. 44.1.(d) of the Decree regulates penalties for electronic newspapers, general websites or web portals, and social networks for not using the Vietnamese national domain name ".vn" and not storing information in the server system with an IP address in Vietnam. In addition, according to Art. 45.3.(d) of the Decree, these companies shall be fined if they do not use primary domain name servers (DNS) using the Vietnamese national domain name ".vn".
Coverage Telecommunications sector, IT and electronic transaction
VIETNAM
Since June 2018, entry into force in January 2019
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law on Cybersecurity No. 24/2018/QH14 (Luật số 24/2018/QH14 của Quốc hội: Luật an ninh mạng)
Since 2019, domestic and international providers of telecommunications services, internet services and value-added services in Vietnam’s cyberspace that collect, analyse or process private information or data about relationships of their service users or data created by their service users in Vietnam shall open branches or representative offices in Vietnam.
Coverage Telecommunications, internet and value-added services in cyberspace
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
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
