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Tuan Linh Nguyen

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Tuan Linh Nguyen is a Government Affairs Manager in in BMVN International LLC, Hanoi office.

The Vietnamese authorities recently released two draft laws, including the draft Data Law and the draft Law on Digital Technology Industry, for public comments. These proposed laws seek to address various issues in the fields of data and digital technology, with the potential to significantly impact businesses across various industries.

The Ministry of Health (MOH) is drafting a decree on medical data management (“Draft Decree”) to establish a legal framework for (i) medical data management and development, (i) the establishment of the National Medical Database, and (iii) detailing the implementation of electronics health records and health books.

The Draft Decree is currently open for public consultation until 3 August 2024.

On 11 June 2024, the minister of the Ministry of Science and Technology of Vietnam issued Decision 1290/QD-BKHCN providing guidance on principles for researching and developing responsible artificial intelligence (AI) systems (“Decision”). This Decision, which came into effect immediately upon issuance, is included with Version 1.0 of the Guide on Principles for Researching and Developing Responsible AI Systems (“Guide”). It is essential to highlight that the Guide is established as a voluntary standard rather than a mandatory rule.

On 16 May 2024, the Government issued Decree No. 55/2024/ND-CP providing guidance on the 2023 Consumer Law. This decree specifies selected articles in detail, aiming at enhancing consumer protection and regulating diverse commercial environments in Vietnam. This decree will come into effect on 1 July 2024, coinciding with the Consumer Law’s commencement, and will be implemented immediately without a grace period.

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 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.

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.