[HOGAN & HARTSON L.L.P. LETTERHEAD] June 1, 2000 Board of Directors VIA NET.WORKS, Inc. 12100 Sunset Mills Road, Suite 110 Reston, Virginia 20190 Ladies and Gentlemen: We are acting as counsel to VIA NET.WORKS, Inc., a Delaware corporation (the "Company"), in connection with its registration statement on Form S-8 (the "Registration Statement"), filed with the Securities and Exchange Commission relating to up to 9,038,411 newly issued shares of the Company's common stock, par value $.001 per share (the "Shares"), issuable in connection with the Company's Amended & Restated 1998 Stock Option and Incentive Plan (the "Plan"). This opinion letter is furnished to you at your request to enable you to fulfill the requirements of Item 601(b)(5) of Regulation S-K, 17 C.F.R. (S) 229.601(b)(5), in connection with the Registration Statement. For purposes of this opinion letter, we have examined copies of the following documents: 1. An executed copy of the Registration Statement. 2. A copy of the Plan, as certified by the Secretary of the Company as being complete, accurate, and in effect. 3. The Amended and Restated Certificate of Incorporation of the Company, as certified by the Secretary of the State of the State of Delaware on May 30, 2000 and by the Secretary of the Company on the date hereof as being complete, accurate, and in effect. Board of Directors VIA NET.WORKS, Inc. June 1, 2000 Page 2 4. The Bylaws of the Company, as certified by the Secretary of the Company on the date hereof as being complete, accurate, and in effect. 5. Resolutions of the Board of Directors of the Company adopted at a meeting held on April 14, 1998, as certified by the Secretary of the Company on the date hereof as being complete, accurate and in effect, relating to the adoption of the Plan. 6. Resolutions of the Company's stockholders adopted at an annual meeting held on April 6, 1999 and by written consent dated February 3, 2000, approving the Plan and an amendment thereto, respectively, as certified by the Secretary of the Company on the date hereof as being complete, accurate and in effect. In our examination of the aforesaid documents, we have assumed the genuineness of all signatures, the legal capacity of all natural persons, the accuracy and completeness of all documents submitted to us, the authenticity of all original documents, and the conformity to authentic original documents of all documents submitted to us as copies (including telecopies). This opinion letter is given, and all statements herein are made, in the context of the foregoing. This opinion letter is based as to matters of law solely on the Delaware General Corporation Law, as amended. We express no opinion herein as to any other laws, statutes, ordinances, rules, or regulations. As used herein, the term "Delaware General Corporation Law, as amended" includes the statutory provisions contained therein, all applicable provisions of the Delaware Constitution and reported judicial decisions interpreting these laws. Based upon, subject to and limited by the foregoing, we are of the opinion that, when issued in accordance with the terms of the Plan, the Shares will be validly issued, fully paid and nonassessable. This opinion letter has been prepared for your use in connection with the Registration Statement and speaks as of the date hereof. We assume no obligation to advise you of any changes in the foregoing subsequent to the delivery of this opinion letter. Board of Directors VIA NET.WORKS, Inc. June 1, 2000 Page 3 We hereby consent to the filing of this opinion letter as Exhibit 5.01 to the Registration Statement. In giving this consent, we do not thereby admit that we are an "expert" within the meaning of the Securities Act of 1933, as amended. Very truly yours, /s/ HOGAN & HARTSON L.L.P. HOGAN & HARTSON L.L.P.