Vietnam is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2012.

Vietnam’s Law No. 43/2013/QH13 on Tendering came into force in July 2014, repealing Law No. 61/2005/QH11 on Tendering. Law No. 43 maintains, in general terms, similar scenarios where international bidding is permitted. There remains the obligation to associate with domestic contractors in international bidding, either through a consortium or through subcontracting, except when there are no domestic contractors capable of executing any portion of the procurement package (Art. 5.1(h)). Domestic preferential treatment in international bidding is maintained and applicable to foreign bidders where: (i) in the case of supply of goods, costs for domestic production of such goods amount to 25% or more of the value of the bidding package; or (ii) in the case of provision of consulting services, non-consulting services and civil works for capital investment projects, domestic bidders (who are in consortium with the foreign bidders) take over 25% of the value of the bidding package (Art. 14). The thresholds for preferential treatment entitlement under Law No. 61 were 30 and 50% for (i) and (ii) respectively (Art. 14).

The Circular No. 40 aims to complete the legal framework on the policy of prioritizing investment, hiring, and procurement of domestically produced information technology products and services according to the tasks assigned in Art. 4 of Decree No. 73/2019/ND-CP. The Circular creates favorable conditions for state agencies to consult and learn information about products and services prioritized when investing, hiring, and purchasing IT products and services. Accordingly, enterprises with IT products and services that meet the criteria of priority for investment, leasing, and procurement specified in the Circular (respectively in Arts. 5-9) are eligible for State agencies to give priority to investment, leasing, and procurement.

Law No. 64/2020/QH14 on Public Private Partnership was issued on June 2020 and is effective since January 2021. Art. 58.5 of the Law states that Public Private Partnership projects only use foreign labours if domestic labours do not meet the demand.

The local preference directive for government procurement (Directive No. 494/CT-TTg) restricts bidding by foreign firms on government-issued procurement tenders to those cases where domestic bidders cannot provide the necessary services or supplies. Accordingly, foreign suppliers/contractors are only selected when domestic companies cannot provide goods/services or when financing agreements between the government of Vietnam and donors require international biddings. However, it should be noted that Directive is not binding measure or regulation. It is considered as instruction of Prime Minister to achieve certain strategic targets in economic development.

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).

Morocco has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Morocco has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Law No. 31/08 on the protection of consumers, promulgated by the Royal Decree No. 1-11-03), provides a comprehensive consumer protection framework that applies to online transactions.

Morocco has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 135, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

Registration of ".ma" domain name is unrestricted. However, it is required that an administrative contact who must be a natural person established in Morocco manages the domain name with the registrar and Telecommunications Authority (ANRT).

Under the e-commerce title in Art. 151 of the 2022 version of the General Instructions on Foreign Exchange Operations, innovative start-ups are allowed to pay up to 1,000,000 dirhams (approx. 100,000 USD) per calendar year for the import of services related to their business by international payment cards. The limit was pegged at 500,000 dirhams (approx. 50,000 USD) in the 2019 General Instruction.

According to Art. 151 of the 2022 version of the General Instructions on Foreign Exchange Operations, the amounts relating to payments of current e-commerce transactions include up to a limit of 200. 000 dirhams (approx. 20,000 USD) per calendar year and per beneficiary, for entities incorporated under Moroccan law and not holding an account in foreign currency or convertible dirhams, determined on the basis of (i) 100% of the amount of corporate income tax (IS) or personal income tax (IR) for companies subject to this tax, or the amount of the minimum contribution paid by companies, cooperatives subject to corporate income tax and branches registered with the Bureau de Change for the last fiscal year; (ii) 100% of the amount of the tax of the last fiscal year offset against the tax credit for companies with tax credit.