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.

It is reported that restrictions on foreign direct investment are applicable to cryptocurrency trading. When cryptocurrencies are traded as securities, such activity is considered regulated and requires a licence under the Capital Markets and Services Act, with a maximum of 70% foreign equity ownership permitted.

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.

Art. 11 of Decree No. 25/2011/ND-CP regulates the cross-border supply of telecommunications services to the Vietnamese market. The provision of telecommunications services across the border to users of telecommunications services in Vietnam must be through a commercial agreement with a Vietnamese telecommunications enterprise that has been licensed to provide international telecommunication services.

Art. 24 of the Law on Investment specifies that foreign investment in economic organisations must be conditional upon ensuring national defence and security in compliance with this Law. It is reported that the government periodically intervenes to prevent foreign investment when it is deemed to pose a threat to Vietnam’s national security.
The Ministry of Planning and Investment (MPI) plays a key role in investment screening. All foreign direct investment (FDI) projects require approval from the People’s Committee in the province where the project will be located. Additionally, large-scale FDI projects must secure approval from the National Assembly before proceeding. MPI’s approval process involves a comprehensive assessment of the investor’s legal status and financial strength, the project’s alignment with the government’s long- and short-term economic development and revenue goals, the investor’s technological expertise, environmental protection measures, and, if applicable, plans for land use and land clearance compensation.

Art. 31 of the Law on Investment stipulates that the Prime Minister shall grant approval for projects initiated by foreign investors in the provision of telecommunication services involving network infrastructure. The approval entails the endorsement by a competent state authority of the objectives, location, scope, implementation timeline and duration of the investment project, the investor or method of investor selection, and any special mechanisms or policies (if applicable) for the project's implementation.

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.

Vietnam is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).

The local preference directive for government procurement (Directive No. 494/CT-TTg) limits foreign firms from bidding on government-issued procurement tenders to instances where domestic bidders cannot meet the required services or supplies. Consequently, foreign suppliers or contractors are selected only when domestic companies are unable to provide the necessary goods or services or when financing agreements between the Vietnamese government and donors mandate international bidding. However, it should be noted that this directive is not a binding measure or regulation. Instead, it is an instruction from the Prime Minister aimed at achieving specific strategic targets in economic development.

According to Art. 11 of Law No. 22/2023/QH15 on Bidding, international bidding may be organised under specific conditions. These include
(i) instances where international bidding is mandated by a donor funding the project or package under an international convention or loan agreement;
(ii) where domestic bidders fail to meet the requirements of consulting, non-consulting, or construction service packages, or where prequalification or competitive bidding procedures yield no satisfactory results.
(iii) for consulting service packages when deemed necessary by the competent authority to enhance quality, provided the authority assumes responsibility for the decision.
However, international bidding is not applicable for projects involving business lines prohibited to foreign investors, projects requiring domestic bidding for reasons of national defence, security, or public order, projects located in areas restricted to foreign entities under the Law on Land, or projects with a total investment below VND 800 billion (approximately USD 33.33 million). In cases where international expressions of interest are invited but fail to receive responses from foreign bidders, such projects are also excluded from international bidding.