Database

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AUSTRALIA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Australia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

AUSTRALIA

Since December 2014, extended in November 2019, until December 2024

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Customs Act 1901
Under the powers granted by the Customs Act 1901, a Commissioner leads the Anti-Dumping Commission which manages antidumping and countervailing duties. In November 2019, the Commission extended the antidumping duties imposed in 2014 on power transformers (HS 8504.22 and 8504.23) against Indonesia and Taiwan for five additional years. The rate of the duty imposed on imports originating in Indonesia is 28.3%, while for imports originating in Taiwan it ranges from 2.9% to 8.6%, depending on the company.
Coverage Product: Power transformers (HS 8504.22 and 8504.23)

Country: Indonesia, Taiwan

AUSTRALIA

Since May 2019 until May 2024

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Customs Act 1901
Under the powers granted by the Customs Act 1901, a Commissioner leads the Anti-Dumping Commission which manages antidumping and countervailing duties. In May 2019, the Commission imposed antidumping duties on PCV flat electric cables (HS 8544.49.20) imported from China. The rate of the duty ranges from 2.8% to 18.9%, depending on the company.
Coverage Product: PCV flat electric cables (HS 8544.49.20)

Country: China
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"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AU')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.00"}]

AUSTRALIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.4%
Coverage rate of zero-tariffs on ICT goods (%)
71.82%
Coverage: Digital goods

VIETNAM

Since 2005

Pillar Online sales and transactions  |  Sub-pillar Adoption of 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  |  Sub-pillar Adoption of 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

Since November 2010
Since November 2005

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law on Protection of Consumers' Rights 59/2010/QH12

Law on E-Transactions No.51/2005/QH11
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 organizations or individuals trading goods and/or services to consumers, the liability of social organizations 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

VIETNAM

N/A

Pillar Online sales and transactions  |  Sub-pillar 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 January 2019

Pillar Online sales and transactions  |  Sub-pillar Local presence requirement for digital services providers
Cybersecurity Law (24/2018/QH14)
Since 2019, domestic and international providers of telecommunications services, internet services and value-added services in Vietnam’s cyberspace that collect, analyze 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 September 2013, last amended in April 2018

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decree No. 72/2013/ND-CP
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 on providing .vn domain registration services.
Coverage ".vn" domain provider

VIETNAM

Since April 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Decree No.15/2020/ND-CP
In February 2020, the Vietnamese government issued Decree No.15/2020/ND-CP to regulate administrative violations on post-telecommunications, radio frequency, IT and electronic transactions. Art. 44.1. (d) of the Decree regulates penalties for the activities not using the Vietnamese national domain name ".vn" or not storing information at the server system with an IP address in Vietnam for electronic newspapers, general websites or web portals, and social networks subject to the license. In addition, according to Art. 45.3. (d) of the Decree, companies shall be fined if it does not use primary domain name servers (Primary DNS) using the Vietnamese national domain name ".vn" when providing DNS services.
Coverage Post-telecommunications, Radio frequency, IT and Electronic Transaction

VIETNAM

Reported in November 2021

Pillar Online sales and transactions  |  Sub-pillar 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 40, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

VIETNAM

Since March 2015
Since January 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular 39/2014/TT-NHNN

Circular 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-wallet is 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-payment

VIETNAM

Since June 2016, last amended in February 2021

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Government promotion of local e-payments industry

Circular No. 19/2016/TT-NHNN
It is reported that Vietnam has certain barriers in the banking and finance sectors with restrictions on electronic payment. In 2016, two Vietnamese payment processing networks were consolidated into a de facto switching monopoly, the National Payments Corporation of Vietnam (NAPAS), which is partially owned by the State Bank of Vietnam. Vietnam then issued Circular 19/2016/TT-NHNN, mandating that all domestic and cross-border retail credit and debit transactions should be processed through NAPAS starting in January 2018. Such a requirement prohibits foreign electronic payment services suppliers from supplying the service fully on a cross-border basis (i.e., without involving NAPAS, a competing service supplier). In November 2019, the State Bank of Vietnam issued a draft revision to Circular 19 that limited the requirements to domestic card-present retail electronic payment transactions and extended the deadline for implementation to 1 January 2021. In November 2019, Vietnam issued a revised draft decree on cashless payments, which seems to cover all mobile, electronic wallets, and related retail electronic payments. This draft decree also prohibits the supply of services and requires commercial presence and domestic infrastructure to supply services. The draft decree also appears to require that NAPAS switch all mobile and electronic wallets and related transactions covered by the draft decree. In addition, the State Bank of Vietnam (SBV) within Circular No.19/2016/TT-NHNN required organizations that provide financial switching services and electronic clearing services in Vietnam to acquire a license from SBV (Arts. 24-25). Such a requirement remains in the revised version of the circular. The National Payments Corporation of Vietnam (NAPAS), partially owned by SBV and other state-owned commercial banks, is the only corporation that provides financial switching services.
Coverage E-payments

VIETNAM

Since March 2016

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Circular No. 59/2015/TT-BCT
The Ministry of Industry and Trade (MOIT) issued Circular No.59/2015/TT-BCT to regulate the management of e-commerce activities via mobile applications. The circular regulates strictly the operation of e-commerce on mobile applications which requires registration to MOIT. The circular applies to all Vietnamese individuals and organizations, foreigners who reside in Vietnam, and foreigners and organizations who have a presence in Vietnam through investment, setting up branches, or representative offices.
Coverage E-commerce via mobile applications

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