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On 04 May 2022, the Ministry of Information and Communication (“MIC”) released the Draft Law on E-Transaction (“Draft Law”) for public comment. The deadline for comments is 4 July 2022. The effective date of the Draft Law has not been decided yet. The Draft Law, comprising 104 articles and 11 chapters, is expected to supersede the existing Law on E-Transaction. The Draft Law proposes new regulations and requirements concerning digital signature, digital identity, trusted services, e-contracts,…

As the rumors travel fast and some have mistakenly spread the news that the draft Personal Data Protection Decree (“PDPD”) was issued, here is a quick update on the recent developments regarding the approval process of the draft PDPD in Vietnam. By way of background, on 8 March 2022, the Vietnamese Government issued Resolution No. 27/NQ-CP (“Resolution 27”) on the Approval for the Dossier of the Draft PDPD. As assigned by the Government under Resolution…

On 16 March 2022, the Vietnam Ministry of Information and Communications (“MIC”) held a workshop regarding the implementation of Decree 70 on Cross-border Advertising Service in Vietnam. In the workshop, the MIC has helped to clarify many crucial issues under Decree 70, such as subjects involved in cross-border advertising activities, obligations of foreign cross-border advertising service providers and other stakeholders, violation handing process, and administrative sanctions. This is the snippet of key issues presented and discussed…

In the High-level Session of the Annual Vietnam Business Forum (“VBF”) held on 21 February 2022, the Vietnamese Government and business community engaged in a policy dialogue on the theme of “Restoring the economy & Developing supply chain in the new normal”. Among other talking points, the issue of digital transformation was placed in the discussion. Specifically, representatives of the business community (including EuroCham, AmCham, and VBF’s Digital Economy Working Group) expressed their recommendations concerning…

The Vietnam’s Ministry of Information and Communications (“MIC”) published a Draft Decree (“Draft Decree”) amending Decree No. 72/2013/ND-CP on the management, provision, and use of Internet services and online information and Decree No. 27/2018/ND-CP amending Decree 72/2013/ND-CP (collectively referred to as “Decree 72”) for public consultation. Social networks have been one of the main subjects of application of Decree 72. Among other things, the Draft Decree suggests an amendment to Article 22 of Decree 72…

Nowadays, data is being considered as the key building block of the global digital economy, and its application plays an essential role in shaping a redefinition of socioeconomic systems. Among other subsectors of data laws, regulations in the realm of cross-border transfer of personal data have drawn considerable attention from both legislators and businesses, and Vietnam is by no means an exception to the rule. In the early of 2021, the Ministry of Public Security…

Over the years, protecting children’s informational privacy has become a controversial issue. From a legal perspective, there are two questions: to what extent does it depend upon parental control and consent, and how is this factor incorporated into the law seeking to protect children’s informational privacy? Under the Law on Children 2016 (LoC), a child is defined as any person below the age of 16. Personal information, as prescribed by the Law on Cyberinformation Security…