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Restrictions on data

VIETNAM

Since 2012

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Joint Circular No. 07
According to Joint Circular No.7, internet intermediaries are only liable for infringing content in limited circumstances, e.g. when they initiate the posting, transmission or provision of the infringing content over the Internet; modify or copy the content, deliberately circumvent technology measures applied by rights owners or operate as secondary distributors of the infringing content.
Coverage Internet Service Providers (ISPs)
Restrictions on data

VIETNAM

Since October 2013

Chapter Data policies  |  Sub-chapter Other
Draft Circular Detailing a Number of Articles re Management of Websites and Social Networks under the Government’s Decree No. 72/2013/ND-CP of 15 July 2013
The draft circular also requires that any “general information website” or social network must have a high-level person responsible for content management who must be a Vietnamese national and reside in Vietnam.
Coverage "General information websites"
Source
  • Anupam Chander et Uyên P. Lê, 2015, Data Nationalism, Emory Law Review, 64, 677, p. 678-739. Available at http://law.emory.edu/elj/content/volume-64/issue-3/articles/data-nationalism.html
Restrictions on data

VIETNAM

Since September 2013

Chapter Data policies  |  Sub-chapter Other
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 online social network service suppliers ensure that only individuals who have supplied "accurate and complete personal information as required by law", including the government-issued card number, may create blogs or provide information on online social networks. (Art. 3.16 and 25.9)
Coverage Online social network service suppliers
Restrictions on data

VIETNAM

Since 2006

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Law No. 67/2006/QH11 on Information Technology
Infringement of privacy laws may lead to fines up to 2,000 USD and criminal penalties of up to two years’ imprisonment. In addition, e-commerce activities may be suspended for six to 12 months.
Coverage Horizontal
Restrictions on data

VIETNAM

Since September 2013
Entry into force in January 2019

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information

Law on Cybersecurity
Decree No. 72 of 2013 states that "organizations and individuals that use Internet resources shall provide information and cooperate with competent state management agencies at the latter’s request".

Vietnam's Law on Cybersecurity, which will enter into force in January 2019, also stipulates that businesses have to provide users’ data to the Ministry of Public Security upon receipt of requests in writing, in cases where any infringement of the cybersecurity law is being investigated.
Coverage Horizontal
Restrictions on data

VIETNAM

Since September 2013

Chapter Data policies  |  Sub-chapter Data retention
Decree No. 72/2013/ND-CP of July 15, 2013, on the Management, Provision and Use of Internet Services and Online Information
According to Decree No. 72 of 2013, aggregated information websites are required to store the information for at least 90 days from the date it is posted on the website.
Coverage "Aggregated information websites"
Restrictions on data

VIETNAM

Entry into force in January 2019

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Law on Cybersecurity
Vietnam's Law on Cybersecurity, which will enter into force in January 2019, requires administrators of information systems critical to national security to store personal data and "critical data" within the national territory of Vietnam. It is unclear when an information system develops to a point that it is critical to national security. Neither is it clear whether the systems cover state-owned systems only or include private systems as well. "Critical data" is also not defined.

A draft of the law issued in 2017 stipulated that the movement of such data outside Vietnam would require an assessment on the level of security according to regulations by the Ministry of Public Security or other existing laws that apply. 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 Systems critical to national security
Restrictions on data

VIETNAM

Entry into force in January 2019

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Law on Cybersecurity
Vietnam's Law on Cybersecurity, which will enter into force in January 2019, requires that foreign internet services firms open representative offices or branches in Vietnam, as well as store important user data in Vietnam on local servers. It is reported that the government will decide the duration for which such businesses must store users’ data in the Vietnamese territory, but it is currently unclear which criteria will be used. The concept of "telecom services" and "Internet services" are not yet defined. If the interpretation of "telecom services" and "Internet services" covered by the draft Law were too broad, the Law could be inconsistent with relevant WTO commitments, as the cross border supply of certain telecom services have been liberalised under Vietnam services schedule for WTO accession.
Coverage Foreign "telecom services" and "internet services"
Restrictions on data

VIETNAM

Since August 2008

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
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
Restrictions on data

VIETNAM

Since September 2013

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
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, which entered info force in September 2013, establishes local server requirements for online social networks, general information websites, mobile telecoms network based content services and online games services. All these organizations are required to establish at least one server inside the country "serving the inspection, storage, and provision of information at the request of competent state management agencies".
Coverage Online social networks, general information websites, mobile telecoms network based content services and online games services
Sources
Establishment restrictions

VIETNAM

Since 2008

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Decree No. 102/2013/ND-CP
An intra-corporate transferee (ICT) should have been employed by the foreign service provider for at least one year before it can enter Vietnam.
Coverage Horizontal
Establishment restrictions

VIETNAM

Since August 2011

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Decree No. 21/2001/ND-CP
Expatriate employees working for over three months generally require a work permit in order to work in Vietnam. Work permits are issued to foreigners who are managers or professional-level staff directly managing businesses in Vietnam and with no criminal record. Work permits last for a maximum of 36 months after which they may be renewed.

In August 2011, for Contractual services suppliers (CSS), the government implemented new regulation on the recruitment and work permit extension of foreign personnel. Under the new regime, firms seeking to hire a foreign worker must post the vacancy in at least one national and one local newspaper 30 days prior to the intended hiring date.
Coverage Computer and related services
Establishment restrictions

VIETNAM

Since 2011

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Decree No. 46/2011/ND-CP
For contractual services suppliers (CSS), firms seeking to hire a foreign worker must post the vacancy in at least one national and one local newspaper 30 days prior to the intended hiring date.
Coverage Horizontal
Establishment restrictions

VIETNAM

Since 2008

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Decree No. 102/2013/ND-CP
For contract service supplier (CSS) and independent service supplier (ISS) there are no labour market tests. However, in September 2013, the government has promulgated the Decree No. 102/2013/ND-CP which states that employers wishing to recruit foreign service suppliers have to submit an annual “foreign labour demand report”. In this report, employers need to state their demand for work for which no qualified Vietnamese workers can be found. This report needs to be submitted to the provincial People’s Committee, which will have to issue a written approval for each position.

The categories of foreign workers which are eligible to work in Vietnam, and for which a work permit can be obtained, has been expanded. Apart from managers, executive officers, and experts, technicians can now also apply for work permits.
Coverage Horizontal
Establishment restrictions

VIETNAM

Since 2008

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Decree 34/2008/ND-CP ("Decree 34")

Decree No. 21/2001/ND-CP
For intra-corporate transferees (ICT), there is a quota that states that at least three of the managers, executives and specialists, but no more than 80% of them, may be foreigners. This means that firms that employ foreign managers, executives and specialists must demonstrate that at least 20% of these professions are Vietnamese nationals. A work permit should be obtained first.
Coverage Horizontal
Sources
  • https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/80845/87538/F960887977/VNM80845%20Eng.pdf
  • Foreign-licensed professionals may practice in Vietnam by obtaining a practicing certificate issued by the MOF if the foreign license was issued by a recognized accountancy organization. Applicants must have resided in Vietnam for at least one year; they must pass examinations on Vietnamese laws in economics, finance and accounting. An SSE is not allowed.