The use of Virtual Private Networks in Vietnam
Ho Chi Minh City, June 2025
SUBJECT: LEGAL ASSESSMENT OF VPN USAGE IN VIETNAM
0. INTRODUCTION & OVERVIEW
This report provides a brief legal review of VPN usage in Vietnam, focusing on its lawfulness and related legal risks, including sanctions and compliance obligations. It addresses two key questions:
1. Is VPN usage legal in Vietnam?
2. What prohibited acts may arise when using VPN?
I. IS VPN USAGE LEGAL IN VIETNAM?
Vietnamese law does not prohibit the use of Virtual Private Networks (VPNs). As a technical solution, VPNs are widely used for legitimate purposes such as secure remote access, data encryption, and bypassing geo-restrictions. Current regulations, including the Law on Cybersecurity 2018 and its guiding decrees, do not regulate the tool itself but instead focus on prohibited behaviors that may occur through its use.
Articles 8 and 9 of the Law on Cybersecurity make clear that legal responsibility arises only when a VPN is used to intentionally engage in unlawful acts—such as distributing illegal content, committing cyber fraud, or conducting anti-state activities. Unlike social media platforms or online games, VPNs are not digital environments where violations inherently occur; rather, they are neutral tools whose legality depends entirely on the user’s purpose.
Take-away: VPN usage remains legal in Vietnam, provided it is not used as a means to commit prohibited acts.
II. LEGAL RISKS AND IMPACT OF PROHIBITED VPN USAGE
2.1 Internal Business Implications
VPNs are not banned, but if used for illegal purposes—such as accessing prohibited websites, spreading false information, or engaging in cyberattacks—individuals and businesses may face serious consequences. Internally, such misuse may:
• Compromise data security and IT infrastructure;
• Render VPN-related expenses ineligible for accounting or tax deduction;
• Lead to internal audits or disciplinary actions;
Only VPN usage that supports legitimate activities (e.g. secure remote access, IT system maintenance) may be recognized as valid business expenses. These costs must be lawful, reasonable, and supported by complete documentation (invoices, contracts, payment records).
2.2 Legal Sanctions
When VPNs are used to facilitate unlawful conduct, Vietnamese law provides for significant criminal penalties, depending on the nature of the violation:
1. Anti-state propaganda (e.g. managing Telegram groups): Sanction: 5–20 years imprisonment (Legal Basis: Article 117, Criminal Code)
2. Phishing, scams, cyber fraud: Sanction: 2–7 years imprisonment (Legal Basis: Article 290, Criminal Code)
3. Spreading fake news or misinformation: Sanction: Administrative fine from VND 10–20 million (Legal Basis: Article 101, Decree 15/2020/ND-CP)
4. Distribution of illegal content via dark web: Sanction: 3–15 years imprisonment (Legal Basis: Articles 326, Criminal Code)
5. Cyberattacks and malware distribution: Sanction: 2–12 years imprisonment and possible equipment confiscation (Legal Basis: Articles 288, 289, Criminal Code)
III. CONCLUSION
1. Under current Vietnamese law, the use of VPNs is not prohibited because a VPN is
merely a technical tool. The law does not regulate the tool itself but rather focuses on the conduct associated with its use. This reflects the legal principle that a tool may serve both lawful and unlawful purposes; therefore, only acts committed through such tools that violate the law are subject to sanctions.
2. The prevailing legal spirit in Vietnam is to regulate behavior, not technology. Accordingly, the use of VPNs is not considered unlawful unless the VPN is used to carry out specific illegal acts as defined in criminal or administrative regulations.
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Yours truly,
PREPARED by Mr. Đặng Trương Hoài Vũ, In-house Counsel, Legal & Compliance, PCA CS