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Manh Hung Tran

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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.

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 20 June 2023, the National Assembly (NA) passed the Law on Protection of Consumers’’ Rights (amended), with an effective date of 1 July 2024, superseding the current Law on the Protection of Consumers’’ Rights No. 59/2010/QH12.

The New LPCR includes seven Chapters and 80 articles under which many proposed critical changes have been officially adopted. This law also addresses various issues that will have direct impacts on onshore and offshore organizations that transact or do business with consumers in Vietnam.

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.