Vietnam

Vietnam is seeking to take advantage of digital technology as a means to bolster economic growth and advance in the global value chain. With a still developing knowledge economy, Vietnam might not be a highly attractive target for cyber-enabled IP theft, but, as the country continues to witness significant growth in IP-intensive sectors, it could become lucrative prey for IP-related crimes in the medium to long term.

ASPI assesses
Vietnam
to be
Moderately vulnerable
to state-sponsored acts of cyber-enabled theft of IP.

Author

Nguyen The Phuong

Key Facts

R&D Investments

USD $5.8 billion (2019)

Patent Applications

3,818 (2017)

Cybersecurity Agency

National Cyber Security Center
How at risk is
Vietnam

Vietnam maintains a growing knowledge economy that places it at risk of cyber-enabled IP theft, particularly as the government maintains an ambitious strategy focused on bolstering science, technology and innovation.

The 13th Congress of the Communist Party of Vietnam introduced the Social and Economic Development Strategy 2021–2030. This road map prioritises science, technology, innovation and digital transformation and has been implemented through a series of resolutions and decisions. IP-intensive industries, while still a small portion of the economy, are on the rise, particularly in the tech and manufacturing sectors. The digital economy has increased in value by 450% since 2015, and the number of digital enterprises nearly tripled from 2016 to 2020. Manufacturing and processing industries are also making strides, and segments such as electronics and pharmaceuticals have generated significant IP. Despite those developments, Vietnam’s R&D spending remains relatively low in comparison to its neighbours. While Vietnam is seeing a rapid growth in the internet economy, the adoption of Industry 4.0 technologies is still nascent in most sectors. Furthermore, there’s a shortage of qualified and skilled labour.

Vietnam's complex relationship with China, characterised both by deepening economic linkages and mutual distrust, places it at a higher risk of cyber-enabled IP theft. Vietnam is further at risk of cyber-enabled IP theft because it emerges as a more attractive destination for foreign capital, particularly as the US moves to relocate its supply chain away from China. Vietnam is increasingly regarded as an R&D hub for global tech giants, as companies such as Samsung and Qualcomm invest in research centres and collaborative education programs. However, the nation’s low number of highly skilled workers and limited participation in the high-tech supply chain make it susceptible to disruptions in bilateral relations with China or shifts in global political dynamics. Wary of Chinese espionage operations, Vietnam’s approach to ICT infrastructure development has prioritised independence from Chinese influence. Therefore, Hanoi invested in indigenous 5G technology and non-Chinese standards for digitalisation upgrades.

How prepared is
Vietnam

Despite the vulnerability of Vietnamese private entities to state-sponsored cyberattacks, Vietnam hasn’t identified cyber-enabled IP theft as a distinct cybersecurity threat. The country’s cybersecurity legal framework is anchored in the 2015 Law on Network Information Security and the 2018 Law on Cyber Security, which define cybercrimes and violations. While those laws establish governance structures, they have received criticism for potential threats to free speech and foreign investment due to strict data localisation regulations.

The Ministry of Information and Communications oversees network information security, while the Ministry of Public Security and the Ministry of Defence manage cybersecurity, coordinating with other ministries. The Ministry of Public Security and the Ministry of Defence are the two agencies that are mainly in charge of state management in cybersecurity, with the help and coordination of other agencies such as the Ministry of Information and Communications and the Government Cipher Committee. While the Ministry of Public Security oversees civilian cybercrimes, the Ministry of Defence established the Cyber Command in 2018 to deal with ‘peaceful revolution’ in cyberspace and cyberattacks from foreign sources. Twice a year, the two ministries hold briefings to review and reassess cooperative mechanisms in all aspects of national security, cybersecurity included.

Vietnam’s indirect efforts to protect against cyber-enabled IP theft are based on encouraging a culture of IP protection and building cybersecurity awareness. While IP violations continue to occur, the legal framework has been refined through amendments to the Law on Intellectual Property, aiming to bolster enforcement. However, businesses often overlook IP protection in favour of other concerns, such as product development and marketing, and information resources on IP are scarce, particularly for SMEs and start-ups.

National efforts to enforce cybersecurity continue to struggle with the country’s growing digital economy. The government has initiated awareness campaigns and educational programs to build public awareness and digital hygiene, with a focus on vulnerable groups such as children and teenagers. However, cybersecurity concerns among Vietnamese SMEs remain relatively low, driven by their perceptions of being unlikely targets and their limited resources. A 2021 Cisco survey showed that Vietnamese SMEs rank last in the Asia–Pacific in their concerns about cybersecurity (67%).

Vietnam is actively involved in regional cybersecurity efforts, participating in ASEAN-led initiatives since 2016. Vietnam has subscribed to the UN framework for responsible state behaviour in cyberspace and has taken steps to regulate data security, including data-storage requirements for technology firms operating in the country.

Reported cases of economic cyber-espionage

Name of Incident

Victims (entities)

Sectors Affected

Affected economies

Threat Actor

Alleged state sponsor

Date reported

ShadyRAT (APT1)
More than 70 companies and government entities around the world
Multiple, including government, IT, Media, Energy, Construction, Heavy Industry, Defense, Real Estate, NGO, Research
US (49 victims as of 2011), Canada (4), ROK (2), Taiwan (3), Japan (2), Switzerland (2), UK (2), Indonesia (1), Vietnam (1), Denmark (1), Singapore (1), Hong Kong (1), Germany (1), India (1)
APT1
China (suspected links with PLA Unit 71398)
2011/2013
2020-2021 Cyberespionage Campaign (APT41)
Banking/Finance, Civil Society, Construction, Defense Industrial Base, Government, Healthcare, High Technology, Higher Education, Legal, Manufacturing, Media, Non-profit, Oil & Gas, Petrochemical, Pharmaceutical, Real Estate, Research, Software development companies, Social Media, Telecommunications, Transportation, Travel, and Utility
1. Finance 2. Construction Services 3. Defense 4. Public Administration 5. Medical and Other Health Care Services 6. Professional, Scientific and Technical Services 7. Computer System Design and Related Services 8. Tertiary Education 9. Manufacturing 10. Information Media and Telecommunications 11. Personal and Other Services 12. Oil and Gas Extraction 13. Basic Chemical and Chemical Product Manufacturing 14. Property Operators and Real Estate Services 15. Telecommunications Services 16. Transport, Postal and Warehousing 17. Administrative Services 18. Electricity, Gas, Water and Waste Services 19. Transport, Postal and Warehousing 20. Machinery and Equipment Manufacturing 21. Heavy and Civil Engineering Construction 22. Publishing
Australia, Canada, Denmark, Finland, France, India, Italy, Japan, Malaysia, Mexico, Philippines, Poland, Qatar, Saudi Arabia, Singapore, Sweden, Switzerland, UAE, UK and USA, Australia, Brazil, Chile, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, South Korea, Taiwan, Thailand, and Vietnam
APT41
China
2020, 2021
Operation Diànxùn (Mustang Panda)
Telecom firms and institutes developing 5G technology
Telecommunications
Vietnam, Myanmar, U.S., Spain, Germany, Austria, Czechia, Ukraine, and China
Mustang Panda
Possibly China
2021