{"id":776,"date":"2018-06-11T10:07:44","date_gmt":"2018-06-11T03:07:44","guid":{"rendered":"http:\/\/blogs.duanemorris.com\/vietnam\/?p=776"},"modified":"2018-06-11T10:07:44","modified_gmt":"2018-06-11T03:07:44","slug":"lawyer-in-vietnam-dr-oliver-massmann-e-commerce-the-world-bank-is-asking-duane-morris-vietnam-on-the-logistics-for-e-commerce-here-are-our-answers","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/vietnam\/2018\/06\/11\/lawyer-in-vietnam-dr-oliver-massmann-e-commerce-the-world-bank-is-asking-duane-morris-vietnam-on-the-logistics-for-e-commerce-here-are-our-answers\/","title":{"rendered":"LAWYER IN VIETNAM DR. OLIVER MASSMANN \u2013 E-COMMERCE &#8211; THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE LOGISTICS FOR E-COMMERCE \u2013 HERE ARE OUR ANSWERS:"},"content":{"rendered":"<p><strong>ONLINE PAYMENTS<\/strong><br \/>\n<strong>1.\tWhich types of online payment solutions are available in your country? <\/strong><br \/>\nDigital wallets[1], Internet Payment service providers[2] (IPSPs, also called as aggregated account or the third\u2010party biller), and Payment service providers[3] (PSPs).<\/p>\n<p><strong>2.\tWhat services do most Payment service providers (PSPs) offer in your country? <\/strong><br \/>\nOpening merchant accounts[4], or providing access to aggregated accounts, at the acquiring bank, Transact multiple payment methods, and Security services, such as risk management.<\/p>\n<p><strong>3.\tWhat categories of PSPs are available to provide digital payment services in your country? <\/strong><br \/>\nRetail PSP[5], Micropayment PSP[6], Government PSP[7] and Non\u2010issuing PSP[8].<\/p>\n<p><strong>4.\tWhat are the main laws and regulations that establish how PSPs are regulated and supervised in your country? <\/strong><br \/>\nLaw on State Bank of Vietnam 2010, Law on Credit Institutions 2010, Decree No. 101\/2012\/ND\u2010CP on non\u2010cash payment as amended, Circular No. 39\/2014\/TT\u2010NHNN guiding intermediary payment services as amended, Circular No. 46\/2014\/TT\u2010NHNN guiding non\u2010cash payment services.<\/p>\n<p><strong>5.\tHow many business days does it take for PSPs to obtain a license to provide digital payment services? <\/strong><br \/>\n60 days by law.<\/p>\n<p><strong>6.\tWhat is the main authority in charge of issuing licenses and supervising PSPs in your country? <\/strong><br \/>\nThe State Bank of Vietnam<\/p>\n<p><strong>7.\tAccording to the law, how long (in years) is the PSP license valid in your country? <\/strong><br \/>\n10 years (Article 16.3 of Decree No. 101\/2012\/ND\u2010CP)<\/p>\n<p><strong>8.\tWhich of the following documents are required for the PSP license application? <\/strong><br \/>\nRegistration documents (including certificate of incorporation and the Articles of Association); The business model, specifically outlining the type of digital payment services and payment instruments envisaged; Evidence that the PSP applicant holds the minimum initial capital required; A certified copy of the bank guarantee on the initial capital; A description of the measures implemented to ensure adequate levels of operational reliability, including disaster recovery and business continuity mechanisms; A description of how the PSP Applicant will settle payment transactions accompanied by a certified copy of the agreement with a settlement bank or a designated payment system; A copy of the system rulebook, detailing the operational rules of the envisaged payment scheme; A risk management system; A report of a feasibility and risk assessment study; An internal control system; and An outsourcing agreement if any.<\/p>\n<p><strong>9.\tAccording to the law, do PSPs have to meet the requirement of minimum initial capital at the time of authorization? <\/strong><br \/>\nYes. USD2.2 million (Article 15.2(c) of Decree No. 101\/2012\/ND\u2010CP).<\/p>\n<p><strong>10.\tAccording to the law, do PSPs have to establish at least one separate account with commercial banks to safeguard User Funds[9]? What are required for PSPs when managing the separate account(s)? <\/strong><br \/>\nThey must ensure all received funds are placed in a ring\u2010fenced account at commercial bank exclusively dedicated for this purpose as approved by the Central Bank; Ensure that the account balance is not at any time be less than the outstanding balance owed to Users; Not use the Funds to engage in any lending activity, including (but not limited to) the provision of credit and overdraft facilities; Not invest User Funds in any type of financial asset; and Not transfer User Funds to another account used for other business activities.<\/p>\n<p><strong>11.\tAccording to the law, do PSPs have to hold and account User Funds separately from any other funds they hold for other business purposes? <\/strong><br \/>\nYes. (Article 8.2 of Circular No. 39\/2014\/TT\u2010NHNN).<\/p>\n<p><strong>12.\tAccording to the law, do PSPs have to ensure that User Funds are covered by an insurance policy or a guarantee from a credit institution? <\/strong><br \/>\nNo.<\/p>\n<p><strong>13.\tAccording to the law, do PSPs have to seek for approval from the related authority before they intend to outsource any operational functions? <\/strong><br \/>\nThey cannot outsource the licensed activities (Article 6.2 of Circular No. 39\/2014\/TT\u2010NHNN).<\/p>\n<p><strong>14.\tAccording to the law, do PSPs, their agents and users have to comply with Anti\u2010Money Laundering and Combating of Financing of Terrorism (AML\/FT) law, standards and measures? <\/strong><br \/>\nYes. (Article 7 of Circular No. 39\/2014\/TT\u2010NHNN).<\/p>\n<p><strong>15.\tAccording to the law, which of the following documents that PSPs\/agents require when performing customer due diligence processes? <\/strong><br \/>\nFor any natural person users: An original copy of a valid ID card\/passport<br \/>\nFor any legal person users: Investment\/ Enterprise registration certificate; and Copy of passports of authorized signatories.<\/p>\n<p><strong>16.\tAccording to the law, are PSPs allowed to charge users for registration? <\/strong><br \/>\nYes. (Articles 10\u201013 of Circular No.39\/2014\/TT\u2010NHNN).<\/p>\n<p><strong>17.\tAccording to the law, do PSPs have a monthly load limit for Electronics Inc.[10] through an issued payment instrument in your country? <\/strong><br \/>\nNo.<\/p>\n<p><strong>18.\tAccording to the law, do PSPs have a single payment transaction limit for Electronics Inc. through an issued payment instrument in your country? <\/strong><br \/>\nNo.<\/p>\n<p><strong>19.\tWhat information is required for PSPs to disclose to Electronics Inc. upon the execution of a payment transaction? <\/strong><br \/>\nA unique reference number enabling the payer\/payee to identify the payment transaction; The payment transaction amount; The identity of the payer\/payee; and The date on which the payment order was placed.<\/p>\n<p><strong>20.\tWhat are the main laws and regulations that govern the payment and settlement system in the country? <\/strong><br \/>\nDecree No. 101\/2012\/ND\u2010CP, Circular No. 39\/2014\/TT\u2010NHNN, Circular No. 46\/2014\/TT\u2010NHNN.<\/p>\n<p><strong>21.\tDoes the PSP require additional information from Electronics Inc. for cross border payment transactions? <\/strong><br \/>\nYes. The information include Additional identity confirmation and Detailed transaction purpose.<\/p>\n<p><strong>22.\tDoes Electronics Inc. have to pay additional service fees to the PSP for cross border e\u2010commerce transactions? <\/strong><br \/>\nYes. The fees include Currency conversion fee and International transaction fee.<\/p>\n<p><strong>23.\tBased on the pricing model above, how much transaction fee does Electronics Inc. have to pay on a $20 transaction to the PSP in your country? <\/strong><br \/>\nDomestic e\u2010commerce: Below $0.05 USD dollar<br \/>\nCross border e\u2010commerce: $0.05 \u2010 $0.10 USD dollar<\/p>\n<p><strong>24.\tWhat are the main laws and regulations about online payment authentication standards in your country? <\/strong><br \/>\nLaw on Internet information security 2015, Law on Information Technology 2006, Law on E-transactions 2005, Circular No. 35\/2015\/TT\u2010NHNN, Circular No. 47\/2014\/TT\u2010NHNN.<\/p>\n<p><strong>25.\tAccording to the law, do PSPs have to provide two\u2010factor authentication using standards like 3D Secure? <\/strong><br \/>\nYes.<\/p>\n<p><strong>26.\tAccording to the law, do PSPs and users (like Electronics Inc.) have to comply with the Payment Card Industry Data Security Standard (PCI DSS)? <\/strong><br \/>\nYes. (Section 2, Point 3.1.3, Decision No. 488\/QD\u2010NHNN).<\/p>\n<p><strong>27.\tAccording to the law, do PSPs and users (like Electronics Inc.) have to install Transport Layer Security (TLS) or Secure Sockets Layer (SSL) on webpage or internet browser? <\/strong><br \/>\nYes. (Article 15 of Circular No. 47\/2014\/TT\u2010NHNN).<\/p>\n<p><strong>28.\tAccording to the law, how long (in years) does PSPs have to store and retain all user and transaction data from that of the original transaction? <\/strong><br \/>\n20 years (Article 9.1(a) of Regulation attached to Decision No. 376\/2003\/QD\u2010NHNN).<\/p>\n<p><strong>29.\tAccording to the law, how long (in years) does a PSP have to store all details data of users\u2019 personal information after the user relationship is terminated? <\/strong><br \/>\n20 years from the original transaction, not depending on the relationship termination<\/p>\n<p><strong>30.\tAccording to the law, PSPs should keep user identification data and transaction records confidential and can only be made available to? <\/strong><br \/>\nThe corresponding User, the State Bank of Vietnam, or By a court order in the country.<\/p>\n<p><strong>31.\tWhat are the main laws that regulate chargebacks regarding online payments in your country? <\/strong><br \/>\nThe Civil Code of Vietnam, Circular No. 39\/2014\/TT\u2010NHNN.<\/p>\n<p><strong>32.\tThe legal framework on chargebacks apply to: <\/strong><br \/>\nFraudulent transactions, Credit and service not processed; and An error in the amount.<\/p>\n<p><strong>33.\tAccording to the law, do banks hold initial amount to cover prospected chargebacks? <\/strong><br \/>\nNo.<\/p>\n<p><strong>34.\tIs there a legal time limit for Electronics Inc. to notify the PSP of any unauthorized\/incorrectly executed payment transaction? <\/strong><br \/>\nNo.<\/p>\n<p><strong>35.\tAfter a successful dispute, how many business days it usually takes for customers to get a full chargeback of the original form of payment or an Electronics Inc. gift card? <\/strong><br \/>\n3-10 days.<\/p>\n<p><strong>36.\tDo PSPs set a maximum predetermined threshold of monthly chargeback rate for Electronics Inc.? <\/strong><br \/>\nNo.<\/p>\n<p><strong>DIGITAL MARKETS<\/strong><br \/>\n<strong>1.\tAre merchants selling goods through Electronics Inc. legally mandated to comply with a legal framework on online consumer protection? (i.e. is there an online consumer protection law in your country?) <\/strong><br \/>\nYes. Law No. 59\/2010\/QH12 on Consumer Protection.&#8217;<\/p>\n<p><strong>2.\tAre merchants selling goods through Electronics Inc. (i.e. engaged in distance or off\u2010premises selling) legally mandated to comply with online information disclosure rules? <\/strong><br \/>\nYes.<\/p>\n<p><strong>3<strong>.\tWhat information are merchants on Electronics Inc. legally mandated to disclose to consumers prior their online purchase? <\/strong><\/strong><br \/>\nFull business address of the merchant (i.e. geographical address); Identity of the merchant (i.e. trading name, phone number, fax number, email address, etc.); Product information (availability, price, description, etc.); Delivery information (time, price, etc.); Information about payment processes; Information about the existence of a right of withdrawal (or cancellation); Information about complaint handling; Information about the party bearing the cost of returning the goods in case of cancellation; Information on out\u2010of\u2010court complaint and redress mechanism; Information on product guarantee, rights and obligations of the merchants and customers in each transaction.<\/p>\n<p><strong>4.\tAre online information disclosure rules specified above applicable to mobile devices? <\/strong><br \/>\nYes.<\/p>\n<p><strong>5.\tConsidering a domestic merchant selling a computer charger on Electronics Inc.\u2019s platform, he is legally mandated to comply with the following general rules related to the right of withdrawal (or cancellation) for online purchases: <\/strong><br \/>\nInformation duty: Electronics Inc. must inform the customer of his right of withdrawal<br \/>\nAbsence of reason: Electronics Inc.\u2019s customer can withdraw from contract with no reason<br \/>\nWithdrawal period: Electronics Inc.\u2019s customer can withdraw from contract after receiving the product<\/p>\n<p><strong>6.\tWhat is the period (in number of days) during which the customer of Electronics Inc. can withdraw (cancel) its purchase without any penalties and without giving any reason (also called cooling\u2010off period), if applicable? <\/strong><br \/>\nIt depends on policy of each merchant.<\/p>\n<p><strong>7.\tIn case of a dispute between a domestic customer and a domestic merchant on Electronics Inc. for a low value sale (less than 30USD), what types of procedures are legally available for the domestic consumer acting individually? <\/strong><br \/>\nUse of the general judicial system for addressing online disputes; Use of alternative dispute resolution (ADR) mechanism such as consultations, conciliation, or mediation; and Other provision for a dispute resolution mechanism (e.g. administrative procedures before a specific authority).<\/p>\n<p><strong>8.\tAre merchants on Electronics Inc. legally mandated to comply with redress rules for online purchase of goods? <\/strong><br \/>\nYes.<\/p>\n<p><strong>9.\tWhat types of remedy are legally enforced for online purchase of goods? <\/strong><br \/>\nMonetary remedy: monetary payment<br \/>\nNon\u2010monetary remedy: repair, replacement<\/p>\n<p><strong>10.\tIs Electronics Inc, an e\u2010commerce platform, considered as an internet intermediary in your jurisdiction? <\/strong><br \/>\nNo.<\/p>\n<p><strong>11.\tBearing in mind that it processes data such as name, surname, data of birth, email address, mail address, credit card information, preferences of its customers, does Electronics Inc., an e\u2010commerce platform, have to comply with a legal or regulatory framework on data privacy? <\/strong><br \/>\nYes. Decree No. 52\/2013\/ND\u2010CP.<\/p>\n<p><strong>12.\tBearing in mind that Electronics Inc. is managing the data it collects, does it have to process differently non\u2010sensitive and sensitive personal data? <\/strong><br \/>\nYes.<\/p>\n<p><strong>13.\tWhat categories of personal data are considered sensitive in Electronics Inc.\u2019s jurisdiction? <\/strong><br \/>\nPolitical opinions, Sex life, Sexual orientation.<\/p>\n<p><strong>14.\tUnder which conditions can Electronics Inc. lawfully process computerized personal data of its adult customers (also called data subject)? <\/strong><br \/>\nThe customer has given consent to the processing of his personal data for one or more specific purposes;<br \/>\nProcessing is necessary for the performance of a contract to which the customer is party;<br \/>\nProcessing is necessary for compliance with a legal obligation to which Electronics Inc. is subject.<\/p>\n<p><strong>15.\tRegarding consent, what are the legal grounds on which Electronics Inc. can lawfully get its customer\u2019s consent (the customer is an adult) when collecting (non\u2010sensitive, if applicable) personal data: <\/strong><br \/>\nConsent must be freely given<br \/>\nConsent must be specific<br \/>\nConsent must be informed<br \/>\nConsent must be non\u2010ambiguous<br \/>\nConsent must be distinguishable from (or tied to) other matters<br \/>\nConsent must be obtained by a specific method.<\/p>\n<p><strong>16.\tRegarding data access, if a customer (an adult) requests Electronics Inc. information on the processing of his personal data and is ready to bear the cost of it, to what degree is Electronics Inc. obliged to provide it? <\/strong><br \/>\nThe customer can access all his personal data with no condition<\/p>\n<p><strong>17.\tRegarding data deletion (or erasure), if a customer (an adult) requests the deletion of his personal data to Electronics Inc., to what degree is the latter obliged to comply? <\/strong><br \/>\nAll personal data must be deleted (or erased) under certain conditions; and Electronics Inc. can apply suitable measures to protect the data or inform the customer that the request cannot be processed due to a technical reason or any other reasons.<\/p>\n<p><strong>18.\tIs Electronics Inc. required to establish a procedure for the deletion of personal data if requested by a customer (an adult)? <\/strong><br \/>\nYes.<\/p>\n<p><strong>19.\tTo what degree is Electronics Inc. allowed to transfer personal data of local customers (also local citizens) to non\u2010domestic third parties? <\/strong><br \/>\nTotally free with certain countries but subject to certain conditions.<\/p>\n<p><strong>20.\tWhat are the general conditions under which Electronics Inc. can engage in cross\u2010border data trade with a nondomestic third party? (general conditions exclude specific conditions such as model contract clauses, binding corporate rules or other contractual arrangements.) <\/strong><br \/>\nAdequacy approach: The country in which a non\u2010domestic third party is based has an \u201cadequate level of protection\u201d, \u201can equivalent protection\u201d, \u201ca sufficient level of protection\u201d, or any provision entailing an adequacy approach.<\/p>\n<p><strong>21.\tWhat circumstances constitute an \u201cadequate level of protection\u201d when trading personal data with a third\u2010party country? <\/strong><br \/>\nthe nature of the personal data, the country of final destination of that information, the law in force in the country in question, the international obligations of that country, any relevant codes of conduct or other rules which are enforceable in that country; any security measures taken in respect of the data in that country.<\/p>\n<p><strong>22.\tBearing in mind that Electronics Inc. is considered as a data controller, does Electronics Inc. have to comply with any of the following security requirements for automated (computerized) personal data? <\/strong><\/p>\n<p>Adoption of an internal policy for establishing procedures for preventing and detecting violations; Performance of internal controls; Assessment of the harm that might be caused by a data breach; Awareness program among employees.<\/p>\n<p><strong>23.\tBearing in mind that Electronics Inc. processes personal data for marketing purposes, is it monitored by a supervisory authority? <\/strong><br \/>\nNo.<\/p>\n<p><strong>24.\tDoes Electronics Inc. have to comply with the following administrative procedures with the supervisory authority to lawfully process personal data for marketing purposes? <\/strong><br \/>\nThere is no administrative procedures to process personal data for marketing purposes.<\/p>\n<p>2<strong>5.\tGiven that Language Inc.[11] and free\u2010lance instructors[12], based abroad, sign a local contract (Language Inc. is based in your country), what are the types of e\u2010signature granting the same legal status as handwritten contracts?<\/strong><br \/>\nE\u2010signature (click wrap, digitized signature, etc.)<br \/>\nDigital signature (need for a public key)<\/p>\n<p><strong>26.\tDoes Language Inc. need to comply with any requirements on the use of a specific technology (e.g. PKI) for a digital signature to have legal validity? <\/strong><br \/>\nYes. PKI.<\/p>\n<p><strong>27.\tOn the contrary, is any form of digital signature including the following requirements equally acceptable? <\/strong><br \/>\nThe digital signature helps verify the identity of the signatory (origin).<\/p>\n<p><strong>28.\tDoes the use of a specific technology (e.g. PKI) grant additional legal benefits in terms of the legal recognition of the digital signature (e.g. validity in terms of burden of proof)? <\/strong><br \/>\nNo.<\/p>\n<p><strong>29.\tDoes Language Inc.\u2019s signature need to be certified by a Certification Authority (CA) in order to be recognized as having full legal validity? <\/strong><br \/>\nYes.<\/p>\n<p><strong>30.\tDo certification authorities (CAs) need a license to operate? <\/strong><br \/>\nYes. The conditions include: (1) Being enterprises established under the laws of Vietnam; (2) Having sufficient financial capacity to establish a system of technical equipment, organization, and maintenance of activities in accordance with the scale of service provision; (3) Depositing at a commercial bank operating in Vietnam or having a guarantee of a commercial bank operating in Vietnam of not less than 5 (five) billion VND, or insurance buying commitments to solve risks and the compensation that may occur during the course of service provision and make payment for expenses receiving and maintaining database of enterprises in the event of withdrawal of licenses; (4) Having team of technical staffs, managers, administration staffs, security managers and customer service personnel meeting professional requirements and scale of services deployment of having no criminal records; (5) The legal representative having knowledge of law on digital signatures and certification service of digital signatures; (6) Suitable formulation of technical equipment system; (7) Having feasible technical plans and business plans, consistent with the technical regulations and mandatory standards to apply; (8) Having plans to control the entrance and exit of head offices, the right to access the system, right to enter, exit the place where the equipment is located for providing for certification service of digital signatures; (9) Having contingency plans to maintain the continuous, safe operation, and overcome when the problem occurs; (10) The entire system of equipment used to service providers is located in Vietnam; (11) Construction of offices, places where the machinery and equipment is located in accordance with the requirements of the law on prevention and combat of fire and explosion; having ability of fighting against floods, earthquakes, electromagnetic interference, illegal intrusion of man; and (12) Having public certification regulations in the form issued by the Ministry of Post and Telecommunications, and contents in accordance with relevant laws.<\/p>\n<p><strong>31.\tHow many CAs are available in your jurisdiction? <\/strong><br \/>\n6-10 CAs.<\/p>\n<p><strong>32.\tPlease list the most popular Certification Authorities available in your city: <\/strong><\/strong><br \/>\n1: VNPT\u2010CA 2: CA2\u2010CA 3: Viettel \u2010CA<\/p>\n<p><strong>33.\tWhat is the average time and cost for Language Inc. to obtain a digital signature from a certification authority (if applicable)? <\/strong><br \/>\n5\u201010 days; USD50\u2010210 per 15-month package<\/p>\n<p><strong>34.\tDoes your country have a national VAT\/GST scheme applying to imported services bought on the internet? <\/strong><br \/>\nYes.<\/p>\n<p><strong>35.\tIf applicable, is there a registration process for VAT\/GST purposes for foreign\u2010based companies (like tutors) selling through Language Inc.? <\/strong><br \/>\nYes. There is no threshold under which foreign\u2010based companies do not need to register.<\/p>\n<p><strong>BROADBAND REGULATORY FRAMEWORK<\/strong><\/p>\n<p><strong>1.\tDoes your country have a national broadband plan or policy to develop a high-speed access network? <\/strong><br \/>\nVietnam has a national broadband plan in 2016 under Decision No. 149\/QD-TTg of the Prime Minister dated 21 January 2016 approving the program on the development of broadband telecommunications infrastructure through 2020<\/p>\n<p><strong>2.\tWhat is the main body responsible for planning implementing the national broadband plan <\/strong><br \/>\nMinistry of Information and Communications is the main body to plan and implement the national broadband. <\/p>\n<p><strong>3.\tDoes the plan include blended finance or PPP investment schemes for broadband expansion? <\/strong><br \/>\nWe are not aware of the plan includes blend finance or PPP investment schemes or applicable financial instruments.<\/p>\n<p><strong>4.\tDoes the plan include government investment in infrastructure to make broadband more broadly available? <\/strong><br \/>\nThe Government focus to investment in the following area:<br \/>\nFirst Mile: international gateways or the segment of a telecommunications network where the internet enters a country such as through cable landing stations or satellite links<br \/>\nMiddle Mile: national backbone networks, or the segment of a telecommunications network linking a network operator&#8217;s core network to the local network plant<\/p>\n<p><strong>5.\tDoes the plan include investments in cross border links and networks? <\/strong><br \/>\nThe plan under WTO\u2019s Commitment include investments in cross border links. There are agreements in effect or in preparation with other countries to foster cooperation or joint investment for cross border.<\/p>\n<p><strong>6.\tDoes the plan or policy include new internet exchange points (IXPs)? <\/strong><br \/>\nWe do not see any updates related to internet exchange points in the policy<\/p>\n<p><strong>7.\tDoes the plan have a universal service fund (USF) <\/strong><br \/>\nYes. Vietnam has a universal service fund at http:\/\/www.vnpt.vn and there is implicit funding arrangement for USF<\/p>\n<p><strong>8.\tAre there fiscal incentives to accelerate internet deployment? <\/strong><br \/>\nNow there are not fiscal investment to accelerate internet deployment.<\/p>\n<p><strong>9.\tDoes Vietnam have a unified licensing regime? <\/strong><br \/>\nYes. WTO&#8217;s Commitment, Law on Investment 2014<\/p>\n<p><strong>10.\tDoes Vietnam have a policy for releasing more licensed spectrum? <\/strong><br \/>\nYes. Circular 46\/2016\/TT-BTTTT on list of license-exempt radio serves and accompanying technical and operational conditions.<\/p>\n<p><strong>11.\tDoes Vietnam assign spectrum on the basis of competitive auctions? <\/strong><br \/>\nYes. The spectrum auction winner are primarily evaluated on speed of build out, technology and quality of spectrum. <\/p>\n<p><strong><br \/>\n12.\tDoes Vietnam have policies and regulations that allow the following practices for spectrum allocation? <\/strong><br \/>\nYes. Vietnam has spectrum shortage evaluations and spectrum caps. <\/p>\n<p><strong>13.\tWhat is the duration of the spectrum license? <\/strong><br \/>\n15 years<\/p>\n<p><strong>14.\tIs there equal access to shared and\/or government owner infrastructure such as road, railways, water and power lines? <\/strong><br \/>\nNo.<\/p>\n<p><strong>15.\tAccording to the law, does Vietnam require its cable operators to provide open access for internet services? <\/strong><br \/>\nNo.<\/p>\n<p><strong>16.\tDoes your country have unbundling and line sharing rules? <\/strong><br \/>\nNo. <\/p>\n<p><strong>17.\tWhat restriction, if any, are placed on the level of foreign ownership of foreign telecom operators? <\/strong><br \/>\nWe see the minimum level of local ownership mandated.<\/p>\n<p><strong>18.\tAre there regulations regarding portability or preventing customer lock-in <\/strong><br \/>\nNo.<\/p>\n<p><strong>19.\tDoes your country\u2019s national broadband plan or policy set performance targets? <\/strong><br \/>\nVietnam has the national broadband plan with minimum download speed 22.77 mbps and minimum upload speed 22.28 mbps.<\/p>\n<p><strong>20.\tDoes Vietnam\u2019s national broadband plan or policy allow different access technologies? <\/strong><br \/>\nYes<\/p>\n<p><strong>21.\tAre there backward compatibility requirements with legacy infrastructure? <\/strong><br \/>\nYes<\/p>\n<p><strong>22.\tDoes Vietnam\u2019s national broadband plan or policy set date localizations requirements <\/strong><br \/>\nYes <\/p>\n<p><strong>23.\tAre there spectrum harmonization efforts in the national broadband strategies? <\/strong><br \/>\nNo. <\/p>\n<p><strong>24.\tDoes Vietnam\u2019s national broadband plan set coverage targets? <\/strong><br \/>\nYes. The plan includes population with broadband with 40% of the population, schools with broadband with 99% of schools and e-government with 100% national information portal, government portal. <\/p>\n<p><strong>25.\tAre peak usage charges allowed <\/strong><br \/>\nNo.<\/p>\n<p><strong>26.\tAre there fiscal incentives to increase access to broadband? <\/strong><br \/>\nYes. Incentives in rural broadband subsidies<\/p>\n<p><strong>27.\tDoes Vietnam\u2019s broadband plan or program include the rollout of free, public access points? <\/strong><br \/>\nEnterprise Registration Certificate<br \/>\nID Card or Passport of the legal representative<br \/>\nContract Service with the broadband provide<\/p>\n<p><strong>28.\tWhat documents are needed in order to secure a business broadband connection? <\/strong><br \/>\nEnterprise Registration Certificate<br \/>\nID Card or Passport of the legal representative<br \/>\nContract Service with the broadband provide<\/p>\n<p><strong>29.\tPlease list what Broadband Access Providers are available to connection in Vietnam? <\/strong><br \/>\nVNPT, Viettel, FPT<\/p>\n<p>***<br \/>\nPlease do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.<br \/>\nTHANK YOU!<\/p>\n","protected":false},"excerpt":{"rendered":"<p>ONLINE PAYMENTS 1. Which types of online payment solutions are available in your country? Digital wallets[1], Internet Payment service providers[2] (IPSPs, also called as aggregated account or the third\u2010party biller), and Payment service providers[3] (PSPs). 2. What services do most Payment service providers (PSPs) offer in your country? Opening merchant accounts[4], or providing access to &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/blogs.duanemorris.com\/vietnam\/2018\/06\/11\/lawyer-in-vietnam-dr-oliver-massmann-e-commerce-the-world-bank-is-asking-duane-morris-vietnam-on-the-logistics-for-e-commerce-here-are-our-answers\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;LAWYER IN VIETNAM DR. OLIVER MASSMANN \u2013 E-COMMERCE &#8211; THE WORLD BANK IS ASKING DUANE MORRIS VIETNAM ON THE LOGISTICS FOR E-COMMERCE \u2013 HERE ARE OUR ANSWERS:&#8221;<\/span><\/a><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[808,634,189,190,202,201,26],"ppma_author":[1007],"class_list":["post-776","post","type-post","status-publish","format-standard","hentry","category-vietnam-general","tag-advice","tag-e-commerce","tag-investor","tag-lawyer","tag-massmann","tag-oliver","tag-vietnam"],"authors":[{"term_id":1007,"user_id":24,"is_guest":0,"slug":"omassmann","display_name":"Dr. Oliver Massmann","avatar_url":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-content\/uploads\/sites\/19\/2014\/08\/massmannoliver-125x150.jpg","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/posts\/776","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/comments?post=776"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/posts\/776\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/media?parent=776"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/categories?post=776"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/tags?post=776"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/vietnam\/wp-json\/wp\/v2\/ppma_author?post=776"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}