VIETNAM
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Limits on foreign ownership in cryptocurrency trading
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.
Coverage Cryptocurrency sector
VIETNAM
Since November 2009
Since October 2011
Since October 2011
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 41/2009/QH12 on Telecommunication (Luật Viễn thông số 41/2009/QH12)
Decision No. 55/2011/QD-TTg of 14 October 2011, on the list of telecommunications service providers with network infrastructure in which the state holds dominating shares or capital contributions (Quyết định 55/2011/QĐ-TTg Về danh mục doanh nghiệp cung cấp dịch vụ viễn thông có hạ tầng mạng do nhà nước nắm cổ phần, vốn góp chi phối)
Decision No. 55/2011/QD-TTg of 14 October 2011, on the list of telecommunications service providers with network infrastructure in which the state holds dominating shares or capital contributions (Quyết định 55/2011/QĐ-TTg Về danh mục doanh nghiệp cung cấp dịch vụ viễn thông có hạ tầng mạng do nhà nước nắm cổ phần, vốn góp chi phối)
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).
Coverage State-owned enterprises in the telecom sector
Sources
- https://web.archive.org/web/20221020082322/http://www.moj.gov.vn/vbpq/en/Lists/Vn%20bn%20php%20lut/View_Detail.aspx?ItemID=10472
- https://web.archive.org/web/20250123233313/https://vbpl.vn/bocongan/Pages/vbpq-toanvan.aspx?ItemID=26953&Keyword=
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=STRI&d1c=tc&d2c=vnm
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VIETNAM
Since December 2008
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree No. 121/2008/ND-CP on investment activities in the posts and telecommunications sector (Nghị định 121/2008/NĐ-CP của Chính phủ về hoạt động đầu tư trong lĩnh vực bưu chính, viễn thông)
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.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250123224400/https://thuvienphapluat.vn/van-ban/EN/Dau-tu/Decree-No-121-2008-ND-CP-of-December-03-2008-on-investment-activities-in-the-post-and-telecommunications-sector/...
- https://web.archive.org/web/20250123224430/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S410R1.pdf&Open=True
- https://web.archive.org/web/20250123224525/https://www.lexology.com/library/detail.aspx?g=8360d925-b1cf-4630-9f76-a27f4e764c12
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VIETNAM
Since June 2011, last amended in July 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
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)
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.
Coverage Telecommunications sector
VIETNAM
Since June 2020, entry into force in January 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Investment No. 61/2020/QH14 (Luật Đầu tư số 61/2020/QH14)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250121211040/https://vbpl.vn/TW/Pages/vbpqen-toanvan.aspx?ItemID=11133
- https://web.archive.org/web/20250121211127/https://www.lexology.com/library/detail.aspx?g=71b4d768-7f5f-488b-9754-e76953434572
- https://web.archive.org/web/20231003162539/https://www.state.gov/reports/2023-investment-climate-statements/vietnam/
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TÜRKIYE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TÜRKIYE
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Türkiye has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TÜRKIYE
Since June 2013, as amended in March 2015, last amended in June 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
According to Code No. 6493 on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions, e-money and e-payment services providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. However, the conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage E-payment and e-money services
Sources
- https://web.archive.org/web/20150820193202/http://www.lexology.com/library/detail.aspx?g=edcce500-f947-4369-9bc6-ba9329295f60
- https://web.archive.org/web/20201019214233/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.6493.pdf
- https://web.archive.org/web/20230805084245/https://ms.hmb.gov.tr/uploads/2020/12/ODEME-ve-ELEKTRONIK-PARA-KURULUSLARI-Sektor-arastirma-raporu-2020.pdf
- https://web.archive.org/web/20231119104555/https://www.tcmb.gov.tr/wps/wcm/connect/TR/TCMB+TR/Main+Menu/Temel+Faaliyetler/Odeme+Hizmetleri/Genel+Bakis
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TÜRKIYE
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Türkiye does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
TÜRKIYE
Since May 2007, as amended in July 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
In July 2020, the Law on Regulating Broadcasting on the Internet and Fighting against Crimes Committed through Internet Broadcasting was amended. The amendment requires that providers of social network services in Türkiye with daily access to more than one million users should appoint at least one authorised person as a representative in Türkiye to ensure access to competent authorities. The social network provider should notify the Information and Communication Technologies Authority (BTK) of this person's identity and contact information. In addition, the representative has to be a Turkish citizen.
Coverage Social network providers
Sources
- https://web.archive.org/web/20231217143550/https://www.mevzuat.gov.tr/MevzuatMetin/1.5.5651.pdf?dil=tr-TR
- https://web.archive.org/web/20211128015058/https://www.dlapiperdataprotection.com/index.html?t=online-privacy&c=TR
- https://web.archive.org/web/20231130014012/https://tr.euronews.com/2020/10/01/resmi-gazete-de-yay-mlanan-sosyal-medya-yasas-yururluge-girdi
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TÜRKIYE
Since November 2013
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 6502 on Consumer Protection (6502 Tüketicinin Korunması Hakkında Kanun)
The Law on Consumer Protection provides a comprehensive consumer protection framework that also applies to online transactions. The general consumer protection law was updated in 2013 in order to be harmonised with the EU framework covering all consumer transactions.
Coverage Horizontal
TÜRKIYE
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
Türkiye has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TÜRKIYE
Since May 2007, as amended in March 2015, last amended in October 2022
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting (5651 sayılı İnternet Ortamında Yapılan Yayınların Düzenlenmesi ve Bu Yaynlar Yoluyla İşlenen Suçlarla Mücadele Edilmesi Hakkında Kanun)
Law No. 5651 on Regulating the Internet was amended in March 2015, broadening the scope of administrative blocking. As a result, Türkiye’s regulator may ban content to secure the protection of life and private property, protection of national security and public order, prevention of crimes, and protection of public health without a prior court order.
Coverage Internet intermediaries
TÜRKIYE
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
Türkiye has reportedly blocked more than 130 social networking and news sites over the years, including independent news sites such as Bianet.org and major social media platforms such as Facebook, Twitter, Instagram, WhatsApp, and Periscope, and online tools such as Google Docs, Translate, Books, Analytics, and DropBox. By November 2022, Tumblr was blocked after receiving orders from the Kuşadası Court of Peace due to “a violation of personal rights.” It is reported that more than 712,000 domains and 150,000 URLs were blocked as of December 2022. Nearly 500,000 of these blocks were carried out by BTK. Some 150,000 URLs were banned from access, in addition to 9,800 Twitter accounts, 55,500 tweets, 16,585 YouTube videos, 12,000 Facebook posts, and 11,150 Instagram posts.
Websites can be blocked for “obscenity” or if they are deemed defamatory to Islam. In December 2022, 918 websites were blocked for insulting the president, endangering national security, and promoting narcotics.
Following the February 2023 earthquakes, the government blocked Twitter for eight hours,. Also in February, access to a domestic social media platform, Ekşi Sözlük, was blocked. Independent news outlets are regularly blocked in the country, and in February 2023, blocking orders were issued against 340 URLs and websites, mainly belonging to Kurdish media outlets and literary publishers. The Etkin News Agency received its 50th blocking order in March 2023. Prominent news sites that remained blocked include Ahval News (blocked since 2018) and Haberdar (blocked since 2016). Furthermore, in March 2023, the Rize Court of Peace issued a blocking order against EngelliWeb, the platform where the İFÖD compiles access-blocking orders in Turkey.
Finally, it is reported that service websites like Uber, PayPal, and Booking.com are blocked in Turkey. A court imposed a blocking order against Uber in January 2023, citing “unfair competition.” In addition, the scooter-rental app and website Martı was also blocked in March 2023 following a complaint from the Taxi Drivers Chamber of Istanbul.
Websites can be blocked for “obscenity” or if they are deemed defamatory to Islam. In December 2022, 918 websites were blocked for insulting the president, endangering national security, and promoting narcotics.
Following the February 2023 earthquakes, the government blocked Twitter for eight hours,. Also in February, access to a domestic social media platform, Ekşi Sözlük, was blocked. Independent news outlets are regularly blocked in the country, and in February 2023, blocking orders were issued against 340 URLs and websites, mainly belonging to Kurdish media outlets and literary publishers. The Etkin News Agency received its 50th blocking order in March 2023. Prominent news sites that remained blocked include Ahval News (blocked since 2018) and Haberdar (blocked since 2016). Furthermore, in March 2023, the Rize Court of Peace issued a blocking order against EngelliWeb, the platform where the İFÖD compiles access-blocking orders in Turkey.
Finally, it is reported that service websites like Uber, PayPal, and Booking.com are blocked in Turkey. A court imposed a blocking order against Uber in January 2023, citing “unfair competition.” In addition, the scooter-rental app and website Martı was also blocked in March 2023 following a complaint from the Taxi Drivers Chamber of Istanbul.
Coverage Websites, social media platforms and online tools
TÜRKIYE
Reported in 2023, last reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Türkiye for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Following the February 2023 earthquakes in Turkey, the government is reported to have implemented politically motivated internet blackouts.
Following the February 2023 earthquakes in Turkey, the government is reported to have implemented politically motivated internet blackouts.
Coverage Horizontal
