VIETNAM
Since May 2013, entry into force in July 2013, last amended in January 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. 52/2013/ND-CP on E-commerce
Sections 35 and 60 of Decree No. 52/2013/ND-CP provide that certain E-commerce services need to be licensed by the Ministry of Industry and Trade: E-commerce websites that permit participants to sell and purchase goods according to the method of goods exchange; evaluation and certification of personal datas protection policies of traders, organizations and individuals participating in e-commerce activities; and certification of e-contracts.
In addition, Art. 44 states that traders and organizations providing online auction services must register the provision of auction services, and under Art. 52, traders, organizations or individuals may set up sales e-commerce websites if, among other conditions, they have notified the Ministry of Industry and Trade. Also, pursuant to the provisions of Art. 61, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organization established under Vietnamese law.
In addition, Art. 44 states that traders and organizations providing online auction services must register the provision of auction services, and under Art. 52, traders, organizations or individuals may set up sales e-commerce websites if, among other conditions, they have notified the Ministry of Industry and Trade. Also, pursuant to the provisions of Art. 61, one of the conditions for conducting credit rating of e-commerce websites is being a trader or an organization established under Vietnamese law.
Coverage E-commerce
Sources
- https://nhankiet.vn/vi/w2417/DECREE-522013NDCP-ON-ECOMMERCE--ECOMMERCE.html
- http://vbpl.vn/bocongthuong/Pages/vbpq-van-ban-goc.aspx?ItemID=30470
- https://thuvienphapluat.vn/van-ban/Dau-tu/Nghi-dinh-08-2018-ND-CP-sua-doi-Nghi-dinh-dieu-kien-dau-tu-kinh-doanh-quan-ly-Bo-Cong-thuong-372290.aspx
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=apf&d2c=vnm
- https://lawnet.vn/ngan-hang-phap-luat/en/tu-van-phap-luat/cong-nghe-thong-tin/what-are-regulations-on-conditions-for-edocuments-to-have-legal-validity-as-the-original-in-vietnam-400117
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VIETNAM
Since November 2015, entry into force in July 2016
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Law on Cyber Information Security No. 86/2015/QH13
Art. 36 of Law No. 86/2015/QH13 states that the responsibilities of users of cryptographic products and services include providing the necessary information on cryptographic keys to the competent state authorities, upon request. The Law also introduces licensing requirements for tools that offer encryption as a primary function.
Coverage Horizontal
Sources
- http://english.mic.gov.vn/Upload/VanBan/Law-on-Network-Information-Security-16-05-30.pdf
- https://freedomhouse.org/country/vietnam/freedom-net/2022
- http://thediplomat.com/2016/10/the-trouble-with-vietnams-cyber-security-law/
- http://www.secdev-foundation.org/wp-content/uploads/2016/09/FN-TS-15-Vietnamese-Cyber-Security-Law-Threatens-Privacy-Rights-and-Encryption.pdf
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VIETNAM
Since July 2020, entry into force in July 2021
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Circular No.15/2020/TT-BTTTT
QCVN No 101:2020/BTTTT
QCVN No 101:2020/BTTTT
The Ministry of Information and Communications (MIC) has approved Circular No.15/2020/TT-BTTTT at the beginning of July 2020. According to the Circular, new national technical regulation QCVN 101:2020/BTTTT becomes effective. The QCVN 101:2020/BTTTT makes reference to the IEC 61960-3:2017 and TCVN 11919-2:2017 (IEC 62133-2:2017) with some deviation. This document establishes the requirements for lithium batteries used for portable equipment such as mobile phones, tablets, and laptop PCs. According to the QCVN guideline, Declaration of Conformity must be issued by designate domestic and foreign laboratories, for requirements according to Article 2.6 of the guideline.Domestic and foreign laboratories which comply with ISO 17025, or certificate on manufacturer's experiment can be accepted.
Coverage Lithium Batteries used for portable equipment
VIETNAM
Since January 2019
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Product screening and additional testing requirements
Law No.24/2018/QH14 on Cybersecurity
Chapter 2 of the Law on Cybersecurity, which entered into force in January 2019, regulates information systems for national security. Article 10.2 defines important information systems for national security including:
- Military, security, diplomatic and cipher information systems;
- Information systems that store and process information belonging to state secrets;
- The information system serving the storage and preservation of artifacts and documents of particularly important value;
- Information systems serving the preservation of materials and substances particularly dangerous to humans and the ecological environment;
- Information systems serving the preservation, manufacturing and management of facilities of other special importance related to national security;
- Important information systems serving operations of central agencies and organizations;
- National information systems in the fields of energy, finance, banking, telecommunications, transportation, natural resources and environment, chemicals, health, culture, and journalism;
- Automatic control and monitoring system at important works related to national security, important goal of national security.
According to Arts. 11-13, important information systems need impact assessment, inspection, and control conducted by special forces to protect network security, from the Ministry of Public Security, the Ministry of Defense, and the Government Cipher Committee.
- Military, security, diplomatic and cipher information systems;
- Information systems that store and process information belonging to state secrets;
- The information system serving the storage and preservation of artifacts and documents of particularly important value;
- Information systems serving the preservation of materials and substances particularly dangerous to humans and the ecological environment;
- Information systems serving the preservation, manufacturing and management of facilities of other special importance related to national security;
- Important information systems serving operations of central agencies and organizations;
- National information systems in the fields of energy, finance, banking, telecommunications, transportation, natural resources and environment, chemicals, health, culture, and journalism;
- Automatic control and monitoring system at important works related to national security, important goal of national security.
According to Arts. 11-13, important information systems need impact assessment, inspection, and control conducted by special forces to protect network security, from the Ministry of Public Security, the Ministry of Defense, and the Government Cipher Committee.
Coverage Products and services for use in "critical systems"
Sources
- https://e.vnexpress.net/news/news/vietnam-says-cybersecurity-law-needed-to-ensure-national-security-3762377.html
- https://english.luatvietnam.vn/law-no-24-2018-qh14-dated-june-12-2018-of-the-national-assembly-on-cybersecurity-164904-Doc1.html
- http://www.bakermckenzie.com/en/insight/publications/2017/08/new-draft-cybersecurity-law-2017/
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VIETNAM
Since September 2019
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Circular No.05/2019/TT-BTTTT
The Ministry of Information and Communications Vietnam (MIC) regulates products and goods requiring mandatory conformity certification and declaration of conformity. The latest relevant document issued is Circular 05/2019/TT-BTTTT. All the product listed on Appendix 1 and Appendix 2 of the Circular need MIC's Declaration of Conformity certification and ICT Mark label before entering the Vietnam markets.
Coverage Telecommunications equipments
VIETNAM
Since July 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Decree No. 58/2016/ND-CP
Decree No. 58/2016/ND-CP dated July 2016 regulates the sale and provision of civil encryption products and services as well as the export or import of civil encryption products. According to the Decree, corporations who want to export and import civil encryption products are requested to apply for the export and import license. Annex 1 of the Decree lists products and services within the scope of the decree including:
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilizing civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilizing civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilizing civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilizing civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
Coverage Civil encryption products and services
VIETNAM
Since July 2016
Since July 2016
Since December 2018
Since July 2016
Since December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Law No.86/2015/QH13 on Network Information Security
Decree No. 108/2016/ND-CP
Circular No.13/2018/TT-BTTTT
Decree No. 108/2016/ND-CP
Circular No.13/2018/TT-BTTTT
Law No. 86/2015/QH13 imposes restrictions and conditions on entities engaging in the import, export, and trade of various network information security products with encryption capabilities. It has been reported that applications for import permits are cumbersome, and involve licenses, certificates of conformity, product specifications, copies of commercial invoices, and copies of commercial contracts or documentary evidence. In addition, Decree No.108/2016/ND-CP stipulates in detail the conditions for trade in network information security products and services related to Law No. 86/2015/Qh13. According to Art. 4.2 of the Decree, the Vietnamese Ministry of Information and Communications (MIC) is assigned to make a list of network information security products to be imported upon license. Upon the Decree, MIC issued Circular No.13/2018/TT-BTTTT. The Circular regulates the list of network information security products to be imported upon licenses and procedures, and dossiers for import licensing. The information network security products to be imported upon license include: (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units).
Coverage Civil encryption products and services and other network information security products and services (HS Codes 8471 and 8517)
VIETNAM
Since July 2016
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 58/2016/ND-CP
Decree No. 58/2016/ND-CP dated July 2016 regulates the sale and provision of civil encryption products and services as well as the export or import of civil encryption products. According to the Decree, corporations who want to export and import civil encryption products are requested to apply for the export and import license. Annex 1 of the Decree lists products and services within the scope of the decree including:
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilizing civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilizing civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
-Biometric encryption products, encryption key management or storage items;
-Cryptographic components of a PKI system;
-Stored data security products;
-Online data security products;
-IP and channel security products;
-Analog and digital voice security products;
-Wireless security products;
-Facsimile and telegraph security products;
-Information protection services utilizing civil
encryption products;
-Civil encryption testing and evaluation services;
-Network data security consulting services utilizing civil encryption products.
In addition, Annex 2 of the Decree lists civil encryption products to be exported and imported under license: HS8443, HS 8471, HS8473, HS8517, HS8523, HS8525, HS8526, HS 8529, HS8542, HS854.
Coverage Civil encryption products and services
VIETNAM
Since November 2013, last amended in May 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree 187/2013/ND-CP
Decree 69/2018/ND-CP
Decree 69/2018/ND-CP
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 9KHz 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
VIETNAM
Since July 2016
Since July 2016
Since December 2018
Since July 2016
Since December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No.86/2015/QH13 on Network Information Security
Decree No. 108/2016/ND-CP
Circular No.13/2018/TT-BTTTT
Decree No. 108/2016/ND-CP
Circular No.13/2018/TT-BTTTT
Vietnam's Law on Network Information Security (Law 86/2015/QH13), effective from July 1, 2016, places restrictions and conditions on entities involved in the import, export, and trade of network information security products with encryption capabilities. This law requires importers to navigate a complex process for obtaining import permits, involving licenses, certificates of conformity, product specifications, commercial invoices, and contracts.
Decree No.108/2016/ND-CP further outlines the conditions for trading network information security products and services in accordance with Law No. 86/2015/QH13. Article 4.2 designates the Vietnamese Ministry of Information and Communications (MIC) to compile a list of network information security products requiring import licenses. Following the issuance of the decree, MIC introduced Circular No.13/2018/TT-BTTTT, which details the list of network information security products necessitating import licenses and outlines the associated procedures and required documentation. The specific network information security products subject to import licensing include (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units)
Decree No.108/2016/ND-CP further outlines the conditions for trading network information security products and services in accordance with Law No. 86/2015/QH13. Article 4.2 designates the Vietnamese Ministry of Information and Communications (MIC) to compile a list of network information security products requiring import licenses. Following the issuance of the decree, MIC introduced Circular No.13/2018/TT-BTTTT, which details the list of network information security products necessitating import licenses and outlines the associated procedures and required documentation. The specific network information security products subject to import licensing include (i) HS847130 (portable digital automatic data processing machines); (ii) HS847141 (automatic data processing machines and units); (iii) HS847149 (digital automatic data processing machines and units)
Coverage Civil encryption products and services and other network information security products and services (HS Codes 8471 and 8517)
VIETNAM
Since July 2012
Since December 2015
Since November 2018
Since December 2015
Since November 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Circular No.11/2012/TT-BTTTT
Circular 31/2015/TT-BTTTT,
Circular No.11/2018/TT-BTTTT
Circular 31/2015/TT-BTTTT,
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 fiber 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 fiber cables.
Coverage Certain used IT goods
VIETNAM
Since June 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Circular No.04/2014/TT-BCT
Circular No.12/2018/TT-BCT
Circular No.12/2018/TT-BCT
In January 2014, the Ministry of Industry and Trade of Vietnam (MOIT) released Circular No.04/2014/TT-BCT, outlining detailed provisions for the implementation of Decree 187/2013/ND-CP, which pertains to the execution of the Commercial Law concerning international trade in goods and the activities of international agents related to buying, selling, outsourcing, and transiting goods. Annex 1 of this circular provided a list of specific used products that were prohibited from importation including: (i) Personal laptops (HS8471); (ii) Cellphones (HS 8517; (iii) Digital cameras (HS8525); (iv) Video game consoles and machines (HS9504). On June 15, 2018, MOIT replaced Circular No.04/2014/TT-BCT with Circular No.12/2018/TT-BCT, however, the list of banned electronic products remained unchanged in this updated circular. This set of regulations showcases Vietnam's ongoing efforts to regulate imported electronic goods in accordance with the country's trade and industry standards.
Coverage Certain used electronic products
Source
- http://vanban.chinhphu.vn/portal/page/portal/chinhphu/hethongvanban?class_id=1&mode=detail&document_id=172384
VIETNAM
Since February 2014
Since May 2018
Since May 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Decree 187/2013/ND-CP
Decree 69/2018/ND-CP
Decree 69/2018/ND-CP
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 import license into Vietnam. The Decree also assigns responsible entities to be in charge of certain products. Annex 1 of Decree 187/2013/ND-CP listed goods to be banned from import, including: (i) Used electronic products, to be regulated and listed by the Ministry of Industry and Trade (MOIT); (ii) Used IT products, to be regulated and listed by the Ministry of Information and Communications (MIC); (iii) Certain radio equipment and radio wave applied equipment, are to be regulated and listed by MIC. In addition, 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 is to replace Decree No.187. However, the list of banned from import goods is to remain in Annex 1 of the Decree.
Coverage Certain ICT products
VIETNAM
Since September 2013, last amended in March 2018
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Decree No. 72/2013/ND-CP
According to Art. 23 of Decree 72, social networks must prevent any information from being published that defames the state of Vietnam. Additionally, it provides that the establishment of an online social network requires a license from the Ministry of Information and Communication (MIC). In addition, Art. 20.4 of the Decree bans personal blogs from providing “aggregated information”, which Vietnam’s Broadcast and Electronic Information Department has reportedly used as a justification to warn users not to “quote or share information from press agencies or websites of government agencies.” Personal web page owners are only allowed to provide their own information and are prohibited from taking news from media agencies and using that information as if it were their own. Furthermore, according to Art. 23.5(b), companies providing social network services are required to have human resources that meet the criteria by the Ministry of Communications (MIC). However, such criteria or demands by MIC are not clarified.
Coverage Social networks
Sources
- http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403690_text
- https://clientsites.linklaters.com/Clients/dataprotected/Pages/Vietnam.aspx
- https://www.accessnow.org/vietnam-under-review-at-the-human-rights-council/
- http://www.idgconnect.com/blog-abstract/8518/social-media-censorship-vietnam
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VIETNAM
Reported in 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar 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 has 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