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.
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.
Vietnam is releasing a brand-new draft decree superseding Decree No. 72/2013/ND-CP (as amended) on the management, provision and use of internet services and online information.
On 30 June 2023, the Ministry of Information and Communications issued two circulars, Circular No. 05/2023/TT-BTTTT and Circular No. 06/2023/TT-BTTTT, to guide the implementation of Government’s Decree No. 06/2016/ND-CP, as recently amended (by Decree No. 71/2022/ND-CP).
To enforce (i) Decree 53 guiding the Cybersecurity Law and (ii) the Personal Data Protection Decree (i.e., Decree 13), the Ministry of Public Security has been working on a draft Cybersecurity Administrative Sanctions Decree.