VIETNAM
Since June 2018, entry into force in January 2019
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law No. 24/2018/QH14 on Cybersecurity
In June 2018, the Vietnamese government issued Law No. 24/2018/QH14 on Cybersecurity. Art. 26 requires that foreign providers of Internet services, telecom services and value-added services to open representative offices or branches in Vietnam. According to the Law, personal information of Vietnamese users or users within Vietnam must be stored domestically. In addition, Art. 25 of the Law states that Gateway Internet Connection operators are encouraged to establish in the territory of Vietnam. It is reported that the government will decide the duration for which such businesses must store users’ data in the Vietnamese territory, but it is currently unclear which criteria will be used. The concept of "telecom services" and "Internet services" are not yet defined.
Coverage Internet services, telecom services and value-added services
Sources
- https://thuvienphapluat.vn/van-ban/EN/Cong-nghe-thong-tin/Law-24-2018-QH14-Cybersecurity/388829/tieng-anh.aspx
- http://vbpl.vn/TW/Pages/vbpq-toanvan.aspx?ItemID=132957&Keyword=an%20ninh%20m%E1%BA%A1ng
- https://www.reuters.com/article/us-vietnam-socialmedia/vietnam-lawmakers-approve-cyber-law-clamping-down-on-tech-firms-dissent-idUSKBN1J80AE
- https://e.vnexpress.net/news/news/vietnam-says-cybersecurity-law-needed-to-ensure-national-security-3762377.html
- http://www.bakermckenzie.com/en/insight/publications/2017/08/new-draft-cybersecurity-law-2017/
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VIETNAM
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lack of independent telecom authority
Vietnam does not have an independent telecom authority. The Authority of Telecommunications is a ministerial unit which performs the advisory and regulatory functions over the telecommunications sectors in nationwide.
Coverage Telecommunications sector
VIETNAM
Since June 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No.25/2011/ND-CP
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 5 VND Billion to 3,000 VND Billion and investment plans, among other requirements.
Coverage Telecommunications sector
VIETNAM
Since March 2007
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Vietnam has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
VIETNAM
Since June 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No. 25/2011/ND-CP
Decree No. 25/2011/ND-CP details and guides on the implementation of a number of articles of the Telecommunications Law. According to the Decree, the Ministry of Information and Communications is to regulate the framework for the price of telecommunication services. In 2019, Vietnammobile, a small mobile network company claimed that the price floor scheme in Decree No. 25/2011 was a restriction, created a burden for small enterprises and decreased competition in the sector, especially when three dominant firms cooperated and raised the price. The Ministry of Information and Communications is reported to propose to the government on the lift of such regulation. However, such deregulation is still in process.
Coverage Telecommunications sector
Sources
- http://vbpl.vn/bothongtin/Pages/vbpq-toanvan.aspx?dvid=322&ItemID=26317
- http://baochinhphu.vn/Chinh-sach-va-cuoc-song/Bo-TTTT-se-de-xuat-bo-quy-dinh-quan-ly-gia-trung-binh-dich-vu-vien-thong/361162.vgp
- https://anninhthudo.vn/vi-sao-3-ong-lon-viettel-vinaphone-mobifone-chiem-den-96-2-thi-phan-vien-thong-post418901.antd
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VIETNAM
Since September 2013
Since April 2018
Since April 2018
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No. 72/2013/ND-CP
Decree No. 27/2018/ND-CP
Decree No. 27/2018/ND-CP
While any Vietnamese firm can operate as an Internet Service Provider (ISP), only state-owned companies are allowed to operate as Online Service Providers or Internet Exchange Providers. Art. 11 of Decree No. 72/2013/ND-CP regulates Vietnam National Internet Exchange (VNIX), under the Ministry of Information and Communications, as the only Internet Exchange Point to be authorised.
Coverage Online Service Providers and Internet Exchange Providers
Sources
- https://opennet.net/research/profiles/vietnam
- https://www.bakermckenzie.com/-/media/files/insight/publications/2017/03/mic-to-require-select-offshore-service-providers/al_vietnam_internetcontentdecree_aug2013.pdf?la=en
- https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn133en.pdf
- https://tahseen.ae/media/3385/turkey_electronic-communications-law.pdf
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VIETNAM
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of functional separation
It is reported that there is no requirement for functional or accounting separation required for operators with significant market power.
Coverage Telecommunications sector
VIETNAM
Since June 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Decree No. 25/2011/ND-CP
Art. 3 of Decree No. 25/2011/ND-CP regulates that an organization or individual that owns more than 20% of shares in a telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise doing business in the same market.
Coverage Telecommunications sector
VIETNAM
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
There is dominance of three big corporations in telecommunication markets of Vietnam which are VNPT, Viettel and Mobifone. All these three corporations are owned or partially owned by the government, and dominate more than 96% of the market.
Coverage Telecommunications sector
VIETNAM
Since July 2010
Since June 2011
Since June 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 41/2009/QH12
Decree No.25/2011/ND-CP
Decree No.25/2011/ND-CP
According to Art. 18.3 of Law No. 41/2009/QH12 on telecommunications of Vietnam regulates foreign investment in telecommunications. In addition to the basic licenses required by telecommunications legislation, foreign investors who intend to provide telecommunications networks and services must first obtain an investment certificate issued by the licensing authorities. If the project is not covered by a plan approved by the Prime Minister, the licensing authority must seek opinions on the project from the Ministry of Planning and Investment, the Ministry of Information and Communications, and any other relevant organization. They must then request that the Prime Minister render a decision on the investment policy, adjust the national plan, or open the investment market further to foreign investment.
Coverage Telecommunications sector
VIETNAM
Since November 2009
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 41/2009/QH12 on Telecommunication (Law 41)
Art. 17 of the Law on Telecommunications regulates that the State holds dominant shares (51%) in telecommunication service of which infrastructure is particularly important to the operation of the entire national telecommunications infrastructure. Therefore, foreign investors can only own 49% of shares in government-controlled firms.
Coverage Telecommunication sector
VIETNAM
Since November 2009
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Law on Telecommunications No. 41/2009/QH12
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.
Coverage Telecommunications sector
VIETNAM
Since October 2000
Since November 2005, entry into force in 2006, last amended in June 2022
Since November 2005, entry into force in 2006, last amended in June 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Decree 54/2000/ND-CP
Law No. 50/2005/QH11 on Intellectual Property
Rights
Law No. 50/2005/QH11 on Intellectual Property
Rights
Law No. 50/2005/QH11 and Decree 54/2000/ND-CP provide a framework for effective protection of trade secrets. The law defines trade secrets as information obtained from activities of financial or intellectual investment, which has not yet been disclosed and which is able to 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 unauthorized 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.
Coverage Horizontal
VIETNAM
Since November 2021, entry into force since February 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vietnam has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
VIETNAM
Since April 2022, entry into force from July 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Vietnam has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal