In short
The phrases “knowledge” and “digital knowledge” have prominently surfaced within the discussions of policymakers and coverage advocates. The yr 2024 could signify the beginning of a complete transformation within the knowledge coverage panorama in Vietnam, with the proposals of a number of key legal guidelines.
- On 2 February 2024, the Prime Minister issued Resolution No. 142/QD-TTg approving the Nationwide Knowledge Technique in direction of 2030 (“Technique”). The Technique marks a big development in reworking Vietnam right into a digital nation, the place knowledge will be utilized to its full potential to drive financial progress and social progress. The Technique is the primary complete directive doc concerning digital knowledge in Vietnam, clearly elaborating on the coverage implications of the info administration framework.
The Technique units out quite a few important nationwide missions to realize its goal, a number of of that are notable legislative initiatives. These embody the formulation of the Legislation on the Digital Expertise Trade to control knowledge as a lawful property proper and the formulation of the Decree regulating the acquisition, sale, and trade of personal and copyrighted knowledge to determine a knowledge market, amongst others. The Ministry of Data and Communications (MIC) is assigned because the lead drafting company for such digital data-related rules, with a selected give attention to the digital economic system perspective.
- On 11 February 2024, when it comes to the state administrative administration, following the issuance of the Technique, on 11 February 2024, the Prime Minister launched Directive No. 04/CT-TTg (“Directive 04“) concerning the advance of the deployment of initiatives on creating residential knowledge purposes and digital authentication to serve nationwide digital transformation. Notably, underneath Directive 04, the Ministry of Public Safety (MPS) is assigned to suggest the formulation of two important data-related legislative initiatives, particularly the proposal of Legislation on Private Knowledge Safety and the proposal of Legislation on Knowledge.
- On 29 February 2024, as a immediate response to the Prime Minister’s directive, the MPS printed two proposal dossiers of the Legislation on Private Knowledge Safety and the Legislation on Knowledge. Nonetheless, as these symbolize the preliminary steps to provoke the drafting course of, the MPS has solely printed related supplies, such because the affect evaluation studies, with out offering the outlines and accomplished drafts of those legislative initiatives.
Whereas the proposal of a Legislation on Private Knowledge Safety has been in planning for years, anticipated to be an upgraded model and resolve the potential conflicts between the present Vietnam Decree 13/2023/ND-CP on Private Knowledge Safety (PDPD) and different present rules on private knowledge safety, that is the primary time the concept of formulating the proposal of knowledge regulation has been launched. In line with the MPS, the info regulation shall cowl a number of important insurance policies, together with the excellent nationwide database, the Nationwide Knowledge Middle, and data-related services.
Though the above-mentioned legislative initiatives are nonetheless in early progress, we will envision a broad define of the three pillars of Vietnam’s future knowledge legal guidelines, particularly as follows:
- The Legislation on the Digital Expertise Trade shall set up a authorized foundation for digital knowledge as a property proper, thereby facilitating the event of a knowledge market within the Vietnam financial system
- The Legislation on Knowledge shall be in control of the technical facet of knowledge, such because the nationwide database and knowledge heart
- The Legislation on Private Knowledge Safety shall play a significant function because the protector of knowledge regulation compliance in Vietnam, prevailing the PDPD.
These data-related proposals have but to be included within the Nationwide Meeting’s (NA) legislative agenda for 2024. Nonetheless, the MPS and MIC are required to submit related proposal dossiers to the federal government by the second quarter of 2024. Upon finishing the reviewing course of, the federal government could recommend that the NA add such proposals to the 2025 legislative agenda on the newest, given the fast modifications in know-how and the federal government’s heightened demand for digital transformation and digital financial growth.
We’ll comply with up intently on the continued growth of knowledge coverage typically, and significantly the info privateness regime, and hold you posted with the newest updates.
