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Huyen Minh Nguyen

Huyen Minh Nguyen is a Senior Associate in BMVN International LLC, Hanoi office.

The government and Ministry of Planning and Investment is currently working on the draft resolution of the National Assembly (NA) to amend the NA’s existing Resolution No. 119/2020/QH14 on “the pilot implementation of the urban governance model and various mechanisms and policies for the development of Da Nang city.”

The implementation of the new Law on Telecommunications, effective on 1 July 2024, requires a decree from the government to provide guidance and further details on various issues. On 2 February 2024, the Ministry of Information and Communications published a draft version of the decree guiding the New Telecom Law to collect public comments. The deadline for public comments is 2 April 2024.

The Vietnam Ministry of Public Security (MPS) published on 29 February 2024 its first version of the dossier proposing the development of the Law on Personal Data Protection (“PDP Law”) on the government’s official website for public consultation. This is one of the initial steps to kick off the drafting and enactment processes of the new Vietnam PDP Law.

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.

On 24 November 2023, the National Assembly officially approved the new Law on Telecommunications (“New Telecom Law”). This new law will soon supersede the existing 2009 Law on Telecommunications, which has been effective since 2010. The New Telecom Law will take effect on 1 July 2024, but its notable provisions regulating over-the-top (OTT) communications, data center (DC), and cloud computing (“Cloud”) services will take effect six months later, on 1 January 2025.

Under Vietnam’s current regulations on electronic games, foreign service providers of online electronic games must establish local enterprises to provide their services in Vietnam. The Schedule of Specific Commitments in Services of the Working Party on the WTO Accession of Vietnam (“Vietnam’s WTO Commitments”) only allows foreign investors to own up to 49% of the charter capital of such game companies. The commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) further allow foreign investors from member countries of the CPTPP to own up to 51% of the charter capital in game companies from 2019. However, from 14 January 2024, foreign investors from CPTPP member countries may own up to 100% of the charter capital in game companies in Vietnam.

On 24 November 2023, the Vietnam National Assembly (NA) officially approved the new Law on Telecommunications. This new law will supersede the existing 2009 Law on Telecommunications, which has remained effective since 2010.
The new law comprises 10 Chapters and 73 Articles that provide, among others, new regulations regarding the provision of data center services, cloud computing services, and OTT services in Vietnam.

Following the promulgation of the Law on Protection of Consumers’ Rights (amended) (“New LPCR”), the Ministry of Industry and Trade has released for public consultation the draft decree detailing and guiding several articles of the New LPCR (“Draft Decree”).
The Draft Decree is due to come into effect on 1 July 2024, which is also the effective date of the New LPCR. The draft includes eight chapters and 30 articles, enclosed with 14 regulatory forms that will be used in different procedures under the New LPCR.

On 23 June 2023, the National Assembly passed the Law on e-Transactions (amended), replacing the current Law on e-Transactions No. 51/2005/QH11. The new law includes seven chapters and 54 articles addressing various issues that will directly impact both onshore and offshore businesses that transact with consumers in Vietnam. It will come into force on 1 July 2024.