Database

Browse Database
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
Decree No.72 of 2013 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 (Art. 31).
Coverage Online gambling
Trading restrictions

VIETNAM

Since August 2008

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Decree 90/2008/ND-CP dated 13 August 2008 on anti-spam (Decree 90)
According to 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 March 2018

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 27 SDR/ 1,000,000 VND/ 40 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions

VIETNAM

Reported in October 2017, comes into effect in January 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Ban on cryptocurrency payments
According to a statement by the State Bank of Vietnam, cryptocurrencies are not a "lawful means of payment" in the country, and the "issuance, supply, use of bitcoin and other similar virtual currency as a means of payment is prohibited."
From January 2018, the illegal use of cryptocurrencies in payments will be subject to penalties of between 150 million Vietnamese dong (VND) (USD 6,600) and 200 million VDN (USD 8,800).
Coverage E-Payments
Trading restrictions

VIETNAM

Since June 2016

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Government promotion of local e-payments industry

Circular 19/2016/TT-NHNN
The US Trade Representative (USTR) reports that Vietnam has imposed discriminatory measures in order to promote the development of a local electronic payments industry in recent years. In April 2016, two Vietnamese payment processing networks were consolidated into a de facto monopoly: the National Payments Corporation of Vietnam (NAPAS), that is majority owned by the State Bank of Vietnam. In June 2016, the Vietnamese Government issued Circular 19/2016/TT-NHNN, mandating that all credit and debit transactions be processed through NAPAS starting in 2018. It is reported that processing all transactions through this national switch could impede the security, speed and reliability of the transactions, as well as substantially hinder the competitiveness of foreign payment suppliers.
Coverage E-Payments
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 of 2013 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 of 2004 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”)
Decree 52 of 2013 sets up strict formal requirements for websites that offer online platforms for other traders and for auction platforms. These only apply to companies that use a .vn domain or that are registered in Vietnam.
The requirements include the registration of the platforms in question, and certification 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

Since July 2013

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information
Vietnam has licensing/registration requirements in place for online social networks, general information websites, mobile telcoms network-based services and certain online games services. These contemplate that companies must be established in Vietnam in order to fulfil the licensing and registration requirements. As a result, it is unclear whether an offshore entity must create an entity in Vietnam before providing social network services or general information to users in Vietnam.
Coverage Providers of online social networks, general information websites, mobile telcoms network-based services and certain online games services
Restrictions on data

VIETNAM

Entry into force in January 2019

Chapter Standards  |  Sub-chapter Product screening and testing requirements
Law on Cybersecurity
A 2018 draft version of the Law on Cybersecurity requires that, before buying products and services for use in "Critical Systems", administrators of the critical systems must have the products and services reviewed by the competent agency under the Ministry of Public Security or by a professional organization authorized by this Ministry. However, the draft Law contains no detail on any review procedures, as well as on any objective criteria to establish whether a specific product or service is fit for use in critical systems. The definition of "Critical System" also remains unclear, including whether this term covers state-owned systems only or also private systems.

The draft Law introduced the concept of "cybersecurity assurance services" (CAS), which partially overlaps with the concept of cyber information security services under Article 41 of the Law on Cyber Information Security (LOCIS) (for more information on LOCIS, see entry in Chapter 11 on Quantitative Trade Restrictions). CAS includes cybersecurity services relating to audit, assessment, consultancy, supervision, prevention, and testing. A license from the Ministry of Public Security is required for the business of providing CAS. The draft Law further states that this law will prevail in cases of overlap with the LOCIS.

At this stage, since the full text of the law is not yet available, it is unclear whether this provision remains in the final version of the law due to come into force in January 2019.
Coverage Products and services for use in "critical systems"
Trading restrictions

VIETNAM


Chapter Standards  |  Sub-chapter Product screening and testing requirements
National Technical Regulations - QCVN
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) sets 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

Since July 2016

Chapter Quantitative Trade Restrictions  |  Sub-chapter Import restrictions
Decree No. 108/2016/ND-CP
Vietnam’s Law on Cyber Information Security (“LOCIS”) came into effect 1 July 2016. The LOCIS imposes, inter alia, restrictions and conditions on entities engaging in the import, export and trade of various cyber information security (CIS) 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.
Coverage Civil encryption products and services and other cyber information security products and services (HS Codes 8471 and 8517)