CÔNG TY LUẬT ANT

Công ty Luật hàng đầu Việt Nam

CÔNG TY LUẬT ANT

Tư vấn pháp lý cho tổ chức công ty và cá nhân

CÔNG TY LUẬT ANT

Tư vấn pháp luật uy tín

CÔNG TY LUẬT ANT

Đội ngũ luật sư chuyên nghiệp

CÔNG TY LUẬT ANT

Có nhiều kinh nghiệm và chuyên môn cao

Thứ Năm, 31 tháng 7, 2025

Vietnam Data Compliance: 7 Powerful Rules Foreign Companies Must Follow to Protect Trust and Avoid Trouble Under 2025 Vietnam Data Law No. 60/2024/QH15

  Data moves fast. The law, not always. But Vietnam is catching up, and catching up quickly.

In a region driven by digital acceleration, Vietnam has begun to close the gap between how data flows and how it is governed.

For years, foreign companies operated with minimal regulatory oversight on how they stored or transferred information.

Not that has changed!

With the passage of Vietnam Data Law No. 60/2024/QH15, a new chapter begins. For any business handling customer data, employee records, transaction logs, or cloud-based systems, Vietnam data compliance is no longer an abstract idea. It is now a concrete legal obligation.

Why now?

Because Vietnam is serious about becoming a secure, trustworthy digital economy. That means defining how data is classified, where it can be stored, who may access it, and how violations will be handled.

Vietnam data compliance also reflects a broader international movement, aligning with General Data Protection Regulation trends seen in Europe (GDPR), Asia-Pacific, and ASEAN’s cross-border frameworks.

The implications of Vietnam data compliance are especially sharp for foreign companies. Whether you operate a fintech app, an online platform, or just store client records in the cloud, you are in scope.

We are here to walk you through what you need to know about Vietnam data compliance. From the legal overview to the action plan, we will then break down Vietnam’s new data compliance rules into practical steps your business can refer to and see if it fits to follow.

Vietnam Data Compliance
Vietnam Data Compliance

What Is Vietnam Data Compliance?

Vietnam data compliance refers to a company’s ability to meet all legal obligations related to the collection, storage, use, and transfer of data under Vietnamese law.

With the enactment of the 2025 Vietnam Data Law, businesses are now required to classify data, follow strict guidelines on cross-border transfers, report breaches, and implement internal compliance measures.

Unlike earlier rules that focused mostly on personal data protection law, the new law on Vietnam data compliance governs both personal and non-personal data. It introduces categories like national data, sensitive data, and open data, each with different requirements.

If your business handles any data related to Vietnamese users, citizens, customers, or operations, you are responsible for ensuring that data is managed in accordance with local law.

And failure to comply can result in serious consequences, including penalties, suspension of operations, or even criminal liability in severe cases.

The Landscape: Why the Vietnam Data Compliance Law Matters Now

You should have heard: Data is the new gold.  That is why it comes to the time data needs to be regulated.

The world is moving toward stricter digital governance, and Vietnam is no exception.

Here is why Vietnam is prioritizing data compliance now:

Digital economy growth

Vietnam is one of Asia’s fastest-growing digital markets. With e-commerce, fintech, ride-sharing, and online education booming, data volumes are exploding.

Foreign investment

The government wants to protect national interests while maintaining Vietnam’s appeal to responsible investors.

Cybersecurity threats

Rising cyberattacks have pushed the state to tighten data access and storage requirements.

Global alignment

The new law positions Vietnam in line with GDPR (Europe), Cross Border Privacy Rules (CBPR) of APEC, and ASEAN Data Management Frameworks.

Sovereignty concerns

Certain types of data, such as military, public health, or political are now defined as “national data” and may not be stored overseas without approval.

The message is clear: if your company operates in Vietnam’s digital space, Vietnam data compliance is part of your license to operate.

7 Rules Every Foreign Business Must Follow About Vietnam Data Compliance

Classify Your Data

All companies must classify their data into categories:

  • Personal data
  • Sensitive personal data
  • Non-personal business data
  • Critical or national data
  • Open data (allowed for public reuse)

This classification helps determine which rules apply to each type of data. For instance, national data must remain in Vietnam unless special permission is granted.

If you do not know what you are storing, you can not comply.

Start by conducting a data inventory across all systems, departments, and vendors.

Store Sensitive and National Data Onshore

The law requires certain categories of data, especially national or security-related information to be stored physically inside Vietnam.

Cloud services hosted outside the country may violate this rule unless exempted.

If your servers or backups are in foreign countries, you may need to rethink your data architecture to meet Vietnam data compliance standards.

Register Cross-Border Transfers

Companies must declare:

  • What data is being transferred
  • Why it is being sent abroad
  • Who receives it
  • Where the servers are located

And they must receive approval from competent Vietnamese authorities.

This applies to APIs, SaaS tools, and more.

Establish a Data Governance Structure

You must assign a person or team to be responsible for data compliance. Some companies appoint a Data Compliance Officer or integrate it with their existing legal or IT department.

Internal data policies should include:

  • Access control
  • Data retention rules
  • Breach notification procedures
  • Consent records

Failure to do so could mean you are not organizationally prepared.

Respond to Government Requests

State agencies have the right to request access to certain types of data under legal conditions.

Businesses must respond:

  • Within the required timeframe
  • Using secured communication methods
  • With audit logs of access and transfer

This also means you should have systems in place to locate and extract the right data quickly.

Report Data Breaches Promptly

Under the new law, companies must report any data leak or security breach to the appropriate authority, often within 72 hours.

Failure to report can result in heavier fines than the breach itself.

Include:

  • Date and time of the incident
  • Type of data exposed
  • Estimated volume
  • Mitigation steps taken

Align with the Personal Data Protection Law (PDPL)

Vietnam data compliance under the 2025 Data Law is just one side of the coin.

The Personal Data Protection Law (PDPL), effective January 2026, introduces deeper rules on user rights, consent, data subject access, and profiling restrictions.

Your compliance strategy should be dual-tracked: system-level rules (Data Law) and user-level rules (PDPL).

Step-by-Step Guide To Follow Vietnam Data Compliance 

Step 1: Conduct a Full Data Audit

Map all data flows across the company, what is collected, where it is stored, how it is processed, and who has access.

Step 2: Classify Your Data

Use categories defined by the law to group your data. Focus first on national, personal, and sensitive personal data.

Step 3: Review Your Cloud and Server Locations

Evaluate whether current storage infrastructure meets Vietnam’s data localization rules.

Step 4: Update Your Contracts and Policies

Adjust internal and external documents to reflect data control responsibilities, especially with vendors or third parties.

Step 5: Appoint a Compliance Lead

This person will be the point of contact for inspections, enforcement, and internal reporting.

Step 6: Train Your Staff

All employees should understand basic data handling obligations, especially in HR, customer service, and IT.

Step 7: Prepare for Future PDPL Enforcement

Build systems that allow for data subject access requests, consent tracking, and opt-out mechanisms.

Frequently Asked Questions (FAQ)

Q1: Does the law apply to foreign companies without a Vietnamese office?

Yes, if you process data related to individuals or entities in Vietnam, such as online services, apps, or e-commerce, you are in scope.

Q2: What are the penalties for non-compliance?

Pending further decrees, penalties could include monetary fines, revocation of licenses, and even criminal charges for intentional violations.

Q3: How is this different from the Personal Data Protection Law (PDPL)?

Vietnam data compliance under the 2025 Data Law focuses on system-level obligations. The PDPL, effective from 2026, focuses on individual rights and consent.

Q4: Can I still use overseas cloud providers?

Yes, but only if data localization requirements are met and cross-border transfers are registered and approved.

Q5: What if my company does not store any sensitive or personal data?

You still need to classify and declare data types. Even machine logs or financial transactions may fall under national interest categories.

Compliance may feel like a burden at first, but it is quickly becoming the currency of trust in the digital economy. By taking proactive steps now, foreign companies can stay ahead of risk, and regulators while building stronger relationships with clients and partners in Vietnam.

Vietnam data compliance is not just about avoiding penalties. It is about future-proofing your operations in one of Asia’s most promising markets.  If you get ready early before your competitors, you would get ahead and win, while your competitors might struggle with fines, ban and lost momentum in the race.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Thứ Ba, 29 tháng 7, 2025

Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

  In business, a new name can open doors, a new logo can bring fresh life into your business, a rebrand can feel like a transformation.

Many foreign companies believe that owning a trademark in their home country protects them everywhere. They design, print, market, and launch, only to discover that someone in Vietnam already registered the same name. Or something that sounds the same. Or looks the same. And that someone now has the legal right to stop your business from using it.

Vietnam uses a “first-to-file” trademark system. It means the person or company that files the trademark in Vietnam first owns it. Not the one who thought of it first. Not the one who used it first overseas. And certainly not the one who spent more on advertising.

Then before going too far, check with a trademark law firm in Vietnam to ensure you could register the trademark for the products or services. They bring local legal knowledge; help you secure your brand. You could then rebrand your business safely.

What You Would Need to Know

You would need to know now to rebrand in Vietnam with legal safety and peace of mind.

You will need to understand why trademark law in Vietnam is different from many other countries. You will see what mistakes foreign businesses often make when rebranding here. You will learn how a trademark law firm in Vietnam helps you avoid those mistakes.

We would walk you through steps of the rebranding process, from internal planning to final registration. You will also find answers to the most common questions companies ask when facing these challenges.

Rebranding in Vietnam can be smooth, creative, and legally secure. But only if you plan for it properly.

What Can Go Wrong, and How to Get It Right

Imagine that you plan to enter Vietnam market with a product.  Your team has created a new Vietnamese name, hired local influencers, and printed thousands of materials with your updated brand.

Now before your launch, you receive a letter from a local company that registered the same brand name sometime ago. They own the name now.

They tell you to stop using the name or pay them for a license. Your signs must come down. Your products cannot be sold under that name anymore.

If you had started by contacting a trademark law firm in Vietnam earlier, they would have searched the name, warned you about the conflict. They would have helped you choose a name that is safe, available, and protected.

That is the difference one choice can make.

Why Legal Support Matters for Rebranding in Vietnam

Vietnam’s trademark law gives rights to the first person who files. It does not matter if you used the brand name for years in another country (unless you are a global famous brands). If someone registers it here before you do, you could lose the right to use it.

That is why rebranding without help is risky.

Many foreign businesses also face trademark squatters. These are people who watch what foreign companies are doing. When they see a new brand enter Vietnam, they quickly register that name. Not to use it, but to block your use of it. Later, they demand money or take legal action.

Other times, companies unknowingly choose names or logos that are already registered by Vietnamese businesses. The conflicts that follow can drag on, cost money, and damage your brand’s trust.

A trademark law firm in Vietnam protects you from these costly mistake. They know the legal system. They speak the language. They understand local business culture. They see the risks you may not see. And they help you take the right steps from the start.

Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps
Working with a Trademark Law Firm in Vietnam to Rebrand Your Business Safely: 8 Essential Steps

Step-by-Step Guide to Rebranding Safely in Vietnam

Step 1: Review What You Have

Before changing your brand, make a list of everything you currently use. This includes your name, logo, slogan, packaging design, domain name, and social media handles. You need to know what is protected and what is not. A trademark law firm in Vietnam can help you check your current trademark registrations and advise what can stay or what needs to change.

Step 2: Define What You Want to Change

Be clear about your rebranding goals. Are you changing your name? Your design? Your messaging? Or everything? The clearer you are, the easier it will be for your legal team to give the right advice.

Step 3: Search Before You Design

This is where many companies go wrong. They like a new name or logo before checking if it is legally safe. A trademark law firm in Vietnam performs a clearance search. They look at registered trademarks in the same business category. They check for similar names, spellings, sounds, and meanings. This search is crucial. It helps you avoid names that are already protected.

Step 4: Choose a Legally Strong Name and Logo

Once the search is complete, your lawyers in Vietnam will guide you to names and visuals that are unique and registrable. t is about strength. A good brand must be easy to protect and defend. A strong trademark is one that is distinctive, not too generic, and not easily confused with other brands.

Step 5: File for Trademark Registration

After selecting your new brand elements, your lawyers in Vietnam will help file your trademark application. This includes choosing the right classes of goods or services, preparing the correct documents, and submitting them to Vietnam’s National Office of Intellectual Property. Your filing date becomes your legal claim. So do this as early as possible, even before you start using the brand publicly.

Step 6: Watch and Respond

After filing, the application goes through examination. Sometimes, the authorities raise questions or objections. Other times, third parties may oppose your trademark. A trademark law firm in Vietnam will help you reply to these objections with legal arguments. They will also monitor the progress of your application and keep you updated.

Step 7: Transition from Old to New

If you already have a brand in use, you would need to phase it out carefully. You may have to assign or transfer old trademark rights. You’ll also need to update your contracts, advertising, signage, and digital assets. A law firm in Vietnam can support you through this process and make sure everything is done correctly.

Step 8: Monitor and Defend Your New Brand

Once your trademark is approved and registered, you must keep an eye on the market. Others may try to copy your name or logo. A trademark law firm in Vietnam can help if someone applies for a similar mark. If needed, they will send legal notices and take enforcement actions.

Your Brand Deserves Legal Certainty

You worked hard to build your business. But without legal protection, that brand is vulnerable.

A rebrand is more than a design project. It is a legal strategy. It needs the right partner. It needs a trademark law firm in Vietnam that understands how to navigate risk, prevent disputes, and secure your rights.

Do not wait until a problem appears. By then, it might be too late or too expensive to fix. Plan ahead. File early. Trust the experts. When you build your brand on solid legal ground, you can grow with confidence.

FAQ: Rebranding and Trademark Protection in Vietnam

Do I need to register my new brand before using it in Vietnam?

Yes. If you use it without registering, you risk losing it to someone who files before you.

Can I use a name I already own overseas?

Only if no one has registered it in Vietnam yet. Otherwise, you must register it locally or consider a new brand.

What if someone else has already registered my brand in Vietnam?

You may have legal options, but it depends on the case. Your lawyer can help negotiate, oppose, or fight for your rights.

How long does trademark registration take in Vietnam?

Usually 12 to 15 months. But your rights begin from the filing date, not the approval date.

Can I do the filing myself?

No. You would need to assign a licensed IP representative.  This is a trademark agent with license.  Check with a trademark law firm in Vietnam and ask for trademark agent license to reduces errors and increases your chances of approval.

What does a clearance search do?

It helps find existing trademarks that may conflict with your proposed name or logo. This is the best way to avoid legal problems before they begin.

What if my application is rejected?

A lawyer can help you file an appeal, provide evidence, and argue your case before the authorities.

Your brand is your promise to the world. It tells people who you are, what you stand for, and why they should trust you.

Rebranding is a big decision. It carries creative energy and business ambition. But it also brings legal risk, especially in a market like Vietnam, where laws are clear, but different from what you may be used to.

Protect your next move and start by working with a trademark law firm in Vietnam.

ANT Lawyers, Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/ip/trademark-law-firm-in-vietnam-rebrand.html

Thứ Sáu, 25 tháng 7, 2025

Virtual Goods Regulation in Vietnam: 5 Hidden Traps That Impact Your Platforms

  Digital goods fuel innovations but the laws are catching up in the virtual economies.

Vietnam’s digital economy is growing fast. More apps are offering digital rewards, in-app purchases, and monetized gifts. But behind the excitement, a new law is changing the rules. Platforms that fail to prepare may find themselves blocked.

The challenge lies in a misunderstood legal space: virtual goods regulation in Vietnam. While developers focus on user experience, Vietnamese authorities are now watching the virtual economy with closer eyes. The law defines, classifies, and supervises digital items with real world value.

If your business involves in-app credits, gifting tools, or user-generated rewards,  you would need to watch and avoid five mistakes and stay legally safe under the virtual goods regulation in Vietnam.

Why Virtual Goods Suddenly Matter in Vietnam

For years, Vietnam allowed digital platforms to operate in a legal gray zone. Apps distributed across borders. Payments flowed freely. No one asked tough questions about how virtual items were created, sold, or exchanged.

Then came the Vietnam law on digital technology industry, a major legal reform that takes effect on January 1, 2026. This law defines what virtual goods are, who can distribute them, and how platforms must operate.

Now, virtual items are not just game stuff anymore. They are legally recognized assets. That means they come with obligations.

This shift is not just a local issue. Any platform that allows Vietnamese users to top up credits, send gifts, or receive monetized rewards must comply with these rules under virtual goods regulation in Vietnam.

Virtual Goods Regulation in Vietnam
Virtual Goods Regulation in Vietnam

What You Would Need To Know?

In here, we will break down the five most common traps foreign platforms fall into when dealing with virtual goods regulation in Vietnam, being:

  • What qualifies as a virtual good
  • Why digital features may require licensing
  • How payment flows trigger compliance
  • What sandbox approvals mean and when you need them
  • How to structure agreements with Vietnamese resellers

We will then go through a step-by-step guide on virtual goods regulation in Vietnam and FAQ to help your team navigate the new law that details virtual goods regulation in Vietnam. Whether you are a developer, legal counsel, or CEO, this gives you some ideas toward compliance in operations in Vietnam.

What Virtual Goods Look Like in Real Life

Look into your platform that allow:

  • Users buy “gems” to unlock features in a game
  • Viewers tip livestreamers using “stars”
  • Fans send “gifts” to content creators
  • Users earn “tokens” that convert to cash

All of these would count as virtual goods under the new legal framework.

What makes this complex is how the goods interact. One digital item may be purchased with real money, another may be earned, a third might be traded or redeemed. When these virtual units affect user spending or income, they become legally significant.

It is no longer about code. It is about currency, tax, and compliance.

The 5 Legal Traps You Must Avoid Under Virtual GoodsRegulation in Vietnam

Trap 1: Assuming virtual goods are unregulated

The Vietnam law on digital technology industry defines virtual goods as any digital items with transactional value. If your platform sells or allows the resale of digital units, even indirectly, you must comply under the virtual goods regulation in Vietnam.

Do not assume that this game is only about entertainment or not withdrawable nature that you can get away without being subject to enforcement. The law looks at economic function, not just technical design under the virtual goods regulation in Vietnam.

Trap 2: Using unlicensed payment channels

Many platforms rely on resellers or corporate top-up agents. In Vietnam, this model may be flagged if the agreement involves virtual goods but lacks clear tax treatment or legal purpose under the virtual goods regulation in Vietnam.

Bank transfers oversea have been denied because platforms could not explain what the payments were for. If your distributor agreement is vague, it may block funds.

Trap 3: Ignoring consumer rights and refund rules

Vietnamese law protects users who purchase or lose digital items. If a user buys credits and does not receive them due to a technical issue, or if a gift is wrongly transferred, your platform may be liable.

Under virtual goods regulation in Vietnam, platforms must adopt clear policies for user complaints, refunds, and lost assets. Ignoring these can lead to investigation.

Trap 4: Misunderstanding What Counts as a Virtual Goods

Many platforms presume their “gifts” are just emojis or icons. But Vietnamese regulators are focusing on function over form. Under virtual goods regulation in Vietnam, if the item represents value, it is treated like a digital asset, even if the platform calls it something playful.

Trap 5: Overlooking reseller compliance

If your platform signs contracts with Vietnamese entities to distribute digital units (e.g., top-up partners or local agents), those contracts must be reviewed to reflect local law.

If the reseller can not prove legal use of funds or purpose of transaction, Vietnamese banks may reject transfers. That affects your cash flow, and your reseller relationships.

Every agreement should define:

  • The type of virtual goods involved
  • Purpose of the transaction
  • Pricing model (fixed or flexible)
  • Restrictions on resale or refunds

Step-by-Step Guide to Stay Compliant

Step 1: Map all virtual goods used on your platform.

Step 2: Identify if users in Vietnam can access, buy, or redeem them.

Step 3: Review your distributor or reseller agreements.

Step 4: Ensure the agreements explain the product, payment purpose, and refund rules.

Step 5: Consult a local lawyers in Vietnam to determine virtual goods definition.

Step 6: Prepare internal documentation to explain virtual asset flows.

Step 7: Establish user complaint and refund policies for Vietnam.

Step 8: Monitor updates from authorities on enforcement guidance.

FAQ: Virtual Goods Regulation in Vietnam

Q1: My platform doesn’t use real money. Are we still affected?

Yes. If users exchange digital goods that represent value (gifts, credits, tokens), it may still be regulated.

Q2: We only sell to distributors. Why are banks rejecting transfers?

Banks in Vietnam are cautious with payments labeled as “virtual items” unless clear legal justification is provided. Documentation preparation helps.

Q3: What is the sandbox, and why apply?

It’s a government program that allows platforms to test regulated features without facing full enforcement. It’s ideal for experimental monetization tools.

Q4: What happens if we do nothing?

You risk blocked payments, app store removals, or being blacklisted as non-compliant.

Q5: Can we rename our digital goods to avoid legal problems?

No. The law focuses on function, not names.

Act Now, Do not Wait

The time to act is not next year. It is now. Platforms that begin compliance work in 2025 will be ready when the Vietnam law on digital technology industry is enforced. Those who wait may face confusion, disruption, or shutdown.

Go review your systems. Talk to your legal counsels in Vietnam. Protect your users.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/virtual-goods-regulation-in-vietnam-traps.html