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Trading restrictions

VIETNAM

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Online sales
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information
Article 31.4 of the Decree No.72 requires that foreign entities that provide online gaming services to users in Vietnam must establish a local enterprise in accordance with the Decree and the foreign investment regulations of Vietnam.
Coverage Online gambling
Trading restrictions

VIETNAM

Since August 2008

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requeriments
Decree 90/2008/ND-CP dated 13 August 2008 on anti-spam (Decree 90)
According to the Decree 90 of 2008, advertising service providers that use email advertisements and internet based text messages are required to send emails from a Vietnamese domain name (“.vn”) website which is operated from a server located in Vietnam.
Coverage Advertising services
Trading restrictions

VIETNAM

Reported in August 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Vietnam's de minimis rule goods with a value of up to 31 SDR/ 1,000,000 VND/ 47 USD will be exempted from taxes and duties collected by the customs.
Coverage Horizontal
Trading restrictions

VIETNAM

Decree 52 since 2013
Decree No. 170/2013/ND-CP since 2014

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Non-transparent online payment framework
Existing reports argue that the online payment framework in Vietnam is creating a restriction for e-commerce. Companies report that they have to work individually with each bank and cooperate with middle men for an online payment service to work and a lack of a proper payment and settlement system makes using credit and debit cards difficult.

There are also reports stating that bitcoins are prohibited.
Coverage E-retailing
Trading restrictions

VIETNAM

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Decree 52/2013/ND-CP on e-commerce (“Decree 52”)
Decree 52 establishes requirements for owners of e-commerce websites offering online payment functions and providers of intermediary services for online payments. The decree sets out their responsibility to ensure the safety and security of customers' payment transactions.
Coverage E-retailing
Trading restrictions

VIETNAM

Since 2004

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Decree No. 157/2004/ND-CP of August 18, 2004 Detailing the Implementation of a Number of Articles of the Oordinance on Post and Telecommunications
Decree No.157 permits 100% foreign ownership in the express delivery sector, but foreign firms for general postal services have to be licensed by competent State agencies. This implies that they need to fulfil some requirements under Article 21, for example a minimum five years experience in post or mail delivery.
Coverage Express delivery
Trading restrictions

VIETNAM

Since 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Decree 52/2013/ND-CP on e-commerce (“Decree 52”)
The Decree 52 sets up strict formal requirements for websites that offer online platforms for other traders and for auction platforms. It only applies to companies that use a .vn domain or that are registered in Vietnam.

The requirements include issues such as registering and becoming certified by the Ministry of Industry and Trade (MoIT). Furthermore, an online notification to MoIT is required for subsequent establishment.
Coverage E-retailing
Trading restrictions

VIETNAM


Chapter Standards  |  Sub-chapter Product screening and testing requeriments
National Technical Regulations - QCVN

APEC TEL MRA for Conformity Assessment of Telecommunications Equipment
Products such as desktops, laptop and portable computers, servers, PDA, router, switch, hub, gateway, optical transmission equipment, technical equipment, etc., are subject to certification and/or declaration procedure.

The procedure has to be performed in Vietnam or in one of the 57 foreign testing laboratories recognized by the Ministry of Information and Communications under the APEC-Tel Mutual Recognition Agreement for supporting certification and declaration activities.
Coverage Certain telecommunication products
Trading restrictions

VIETNAM


Chapter Standards  |  Sub-chapter Telecom network and base standards
Non-transparent standard requirements
Vietnam participates in relevant ISO and IEC standard-setting processes, is a full member of the ISO, and recent standards development processes have favored international standards. However, it is reported that legacy standards are based on national standards and many are still in use. This creates problems of clarity, especially for foreign companies.
Coverage ICT sector
Trading restrictions

VIETNAM

Since January 2007

Chapter Standards  |  Sub-chapter Telecom network and base standards
Law on Standards and Technical Regulations
The Ministry of Information and Communications (MIC) is setting standardization policies, strategies and plans based on practical requirements and new technology trends. However, there is no ICT standards agency responsible for the development of ICT standards at national level and it is reported that there is not a forum where operators can discuss and combine standards before submitting to the regulator to issue technical regulation.
Coverage ICT sector
Trading restrictions

VIETNAM

Reported in October 2013

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Non-transparent licensing scheme
The US and the EU raised concerns at the WTO about the lack of transparency, the confusing nature and the legal uncertainty of Vietnam's import licensing regime.
Coverage Horizontal
Source
  • WTO Committee on Import Licensing, Minutes of the Meeting held on 04 October 2013, Document G/LIC/M/38, 28 February 2014
Trading restrictions

VIETNAM

Reported in March 2014

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Import ban
Vietnam currently prohibits commercial importation of some products, including encryption devices and encryption software. This applies despite Vietnam has agreed in its WTO Accession Protocol to the principle of no restriction or regulation on commercially traded goods equipped with encryption technology (Paragraph 218 of the October 200 Report of the Working Party on the Accession of Vietnam to the World Trade Organization).
Coverage Encryption devices and encryption software
Restrictions on data

VIETNAM

Since September 2013

Chapter Content access  |  Sub-chapter Bandwitch, net neutrality
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information
Decree 72 contains a section (Section 2, Article 23 onwards) that applies only to social networks. It obliges social networks to prevent any information to be 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).

Clause 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 webpage 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.
Coverage Social networks
Restrictions on data

VIETNAM


Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information
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.
Coverage Internet Services Providers (ISPs), Social networks
Restrictions on data

VIETNAM

Since September 2013

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Filtering of web content
State regulation determines how Internet connectivity in Vietnam is organized and managed, and it is reported to facilitate Internet content filtering by limiting external access points that must be controlled.

Only Internet Exchange Points (IXPs) can connect to the Internet, while Online Service Providers (OSPs) and Internet Content Providers (ICPs) may connect to Internet Service Providers (ISPs) and IXPs.

Internet filtering happens at the Domain Name System (DNS) level, which means that instead of blocking a site, ISPs simply configure domain names to resolve to an invalid address or remove blocked websites from their DNS servers.
Coverage Internet Services Providers (ISPs)