Vietnam: National Data Strategy, Data Law, and Personal Data Protection Law — The start of a comprehensive … – GlobalComplianceNews
The terms “data” and “digital data” have prominently surfaced in the discussions of policymakers and policy advocates. The year 2024 may signify the start of a comprehensive transformation in the data policy landscape in Vietnam, with the proposals of several key laws.
The Strategy sets out numerous critical national missions to achieve its objective, several of which are notable legislative initiatives. These encompass the formulation of the Law on the Digital Technology Industry to regulate data as a lawful property right and the formulation of the Decree regulating the purchase, sale, and exchange of private and copyrighted data to establish a data market, among others. The Ministry of Information and Communications (MIC) is assigned as the lead drafting agency for such digital data-related regulations, with a particular focus on the digital economy perspective.
While the proposal of a Law on Personal Data Protection has been in planning for years, expected to be an upgraded version and solve the potential conflicts between the current Vietnam Decree 13/2023/ND-CP on Personal Data Protection (PDPD) and other existing regulations on personal data protection, this is the first time the idea of formulating the proposal of data law has been introduced. According to the MPS, the data law shall cover several significant policies, including the comprehensive national database, the National Data Center, and data-related products and services.
Although the above-mentioned legislative projects are still in early progress, we can envision a broad outline of the three pillars of Vietnam’s future data laws, specifically as follows:
These data-related proposals have yet to be included in the National Assembly’s (NA) legislative agenda for 2024. However, the MPS and MIC are required to submit relevant proposal dossiers to the government by the second quarter of 2024. Upon completing the reviewing process, the government may suggest that the NA add such proposals to the 2025 legislative agenda at the latest, given the rapid changes in technology and the government’s heightened demand for digital transformation and digital economic development.
We will follow up closely on the ongoing development of data policy in general, and particularly the data privacy regime, and keep you posted with the latest updates.
Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.
Huu Tuan Nguyen is a Senior Associate in BMVN International LLC, Ho Chi Minh City office.
Tuan Linh Nguyen is a Government Affairs Manager in in BMVN International LLC, Hanoi office.
Huyen Minh Nguyen is a Senior Associate in BMVN International LLC, Hanoi office.
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© Copyright 2024 – Global Compliance News
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
The Strategy sets out numerous critical national missions to achieve its objective, several of which are notable legislative initiatives. These encompass the formulation of the Law on the Digital Technology Industry to regulate data as a lawful property right and the formulation of the Decree regulating the purchase, sale, and exchange of private and copyrighted data to establish a data market, among others. The Ministry of Information and Communications (MIC) is assigned as the lead drafting agency for such digital data-related regulations, with a particular focus on the digital economy perspective.
While the proposal of a Law on Personal Data Protection has been in planning for years, expected to be an upgraded version and solve the potential conflicts between the current Vietnam Decree 13/2023/ND-CP on Personal Data Protection (PDPD) and other existing regulations on personal data protection, this is the first time the idea of formulating the proposal of data law has been introduced. According to the MPS, the data law shall cover several significant policies, including the comprehensive national database, the National Data Center, and data-related products and services.
Although the above-mentioned legislative projects are still in early progress, we can envision a broad outline of the three pillars of Vietnam’s future data laws, specifically as follows:
These data-related proposals have yet to be included in the National Assembly’s (NA) legislative agenda for 2024. However, the MPS and MIC are required to submit relevant proposal dossiers to the government by the second quarter of 2024. Upon completing the reviewing process, the government may suggest that the NA add such proposals to the 2025 legislative agenda at the latest, given the rapid changes in technology and the government’s heightened demand for digital transformation and digital economic development.
We will follow up closely on the ongoing development of data policy in general, and particularly the data privacy regime, and keep you posted with the latest updates.
Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.
Huu Tuan Nguyen is a Senior Associate in BMVN International LLC, Ho Chi Minh City office.
Tuan Linh Nguyen is a Government Affairs Manager in in BMVN International LLC, Hanoi office.
Huyen Minh Nguyen is a Senior Associate in BMVN International LLC, Hanoi office.
You must be logged in to post a comment.
© Copyright 2024 – Global Compliance News
This article was autogenerated from a news feed from CDO TIMES selected high quality news and research sources. There was no editorial review conducted beyond that by CDO TIMES staff. Need help with any of the topics in our articles? Schedule your free CDO TIMES Tech Navigator call today to stay ahead of the curve and gain insider advantages to propel your business!
