What Decree 53/2022/ND-CP Detailing a Number of Articles of the Law on Cybersecurity 2018 Cover?

  Cybersecurity is one of the important issues for every country in the increasingly strong development of the internet. Although this development brings great benefits in many areas of life, it is accompanied by challenges to national security such as cybercriminals that appropriate and steal data of the user; taking advantage of the internet to spread false information against the state. Therefore, the promulgation of policies and laws on cybersecurity as a basis for management and optimal measures in order to protect national cybersecurity, eliminating illegal acts in cyberspace is extremely necessary. On August 15th, 2022, the Government issued Decree 53/2022/ND-CP detailing a number of articles of the Law on Cybersecurity 2018. The Decree will take effect from October 1st, 2022 with the following:

Measures to protect network security: Request the removal of illegal or false information in cyberspace that infringes upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals

Requesting the removal of illegal or false information in cyberspace is one of the cybersecurity protection measures specified in the 2018 Law on Cybersecurity. Accordingly, Decree 53/2022/ND-CP has detailed regulations, listing specific cases where this measure can be applied as follows:

-When information in cyberspace is identified by competent agencies to have contents that infringe upon national security, disseminate information that sabotages the Socialist Republic of Vietnam, incite riots, and disrupt public security and order according to regulations of the law;

-When there are legal bases to determine that information in cyberspace has humiliating and slanderous contents; infringes upon the order of the economic management; fabricates and falsifies information, causing confusion among the people and severe damage to socio-economic activities to the extent that such information must be removed;

-When other information in cyberspace has contents including: Distortion of history, denial of revolutionary achievements, undermining national solidarity, blasphemy, discrimination by gender or race; Prostitution, vice, human trafficking; posting pornographic or criminal information; damaging Vietnam’s good traditions, social ethics or public health; Enticing, persuading or tempting others to commits crimes.

The information listed in the above cases are all illegal and false information, and the person who uses cyberspace to spread the above negative information is an act of violation strictly prohibited under the 2018 Cybersecurity Law. Once the above information is widely spread and publicized online, it will adversely affect the security, social order and safety of the country. Therefore, the regulation to apply the measure to request the deletion of the above information is practical for the above cases. The Director of the Department of Cyber ​​Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam and Directors of competent agencies of the Ministry of Information and Communications are the ones who have the authority to decide on the application of measures to remove these information.

Measures to collect data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of agencies, organizations, and individuals in cyberspace

The collection of data (data is information in the form of symbols, letters, numbers, images, sounds or equivalences) related to activities infringing upon national security, social order and safety, legitimate rights and interests of agencies, organizations and individuals in cyberspace shall comply with the provisions of law, and at the same time ensure the following requirements:

-Maintenance of the status of digital devices and data;

-The copying and recording of data shall be done according to correct procedures via recognized devices and software that are verifiable and can protect the integrity of data stored in such devices;

-The process of restoring data or search data shall be recorded via minutes, images, and videos. The process may be repeated if it is necessary for presentation at a court;

-Data collectors shall be specialized officials assigned to collect data.

The principles of copying and restoring data related to acts of infringing upon national security, social order and safety, and legitimate rights and benefits of organizations, organizations, and individuals in cyberspace shall follow: If the data is considered necessary to be copied or restored or there is a request to copy and restore the data for the purpose of proving the commission of a crime, the assigned person shall be authorized to copy and restore such data and acquire a decision on approval of competent authority according to regulations of the law. In addition, to make a record for the copying and recovery activities of the electronic evidence, the case may be invited to an independent third party, witness and certification of this process.

The Director of the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam shall decide to take this measure.

Internal computer networks have the storage and transmission of state secrets must be completely separated from the network of computers and devices and electronic devices connected to the internet

The decree clearly specifies that state agencies and the political organization at central and local levels must develop regulations on the use, management and security of internal computer networks and computer networks connected to the Internet. agencies or organizations they manage. This is an activity to protect network security in state agencies, central and local political organizations.

Regulations on the use and assurance of computer network security by state agencies and political organizations at central and local levels must include the following basic contents: Identify major information and information network systems to be prioritized for cybersecurity assurance. Elaborate on prohibitions and principles of management and use and ensure cybersecurity and internal computer networks that store or transmit state confidentiality shall have a complete physical separation from computer networks, devices, and electronic means with Internet connection, other cases shall ensure compliance with regulations of laws on state confidentiality protection. Have procedures for professional and technical management in operating, using, and ensuring cybersecurity of data and technical infrastructure. Such procedures shall satisfy basic requirements for information system safety assurance. Ensure the personnel conditions for network management and operation and security of cyber information security, information safety and handling of violations of regulations on assurance of network security.

Thus, to ensure confidentiality of the internal data of the state agency, the internal computer network shall have the state secrets which are required to separate completely from the computer network or the equipment and electronic devices connected to the internet. This is the regulation for managing agencies to control, minimize the risk of internal data that is spread out into the electronic environment, causing serious impact on national security issues.

Will data must be stored in Vietnam ?

The decree has stipulated a separate chapter to clarify the storage of data and set the branch or representative office of foreign enterprises in Vietnam.

The following data must be stored in Vietnam:

-Data on personal information of service users in Vietnam;

-Data created by service users in Vietnam: account names, service use time, information on credit cards, emails, IP addresses of the last login or logout session, and registered phone numbers in association with accounts or data;

-Data on relationships of service users in Vietnam: friends and groups such users have connected or interacted with.

Domestic enterprises and foreign enterprises are the subjects that must store the above data. In particular, it only applies to foreign enterprises doing business in Vietnam in one of the following fields:

–Telecommunication services in Vietnam;

-Storage and sharing of data in cyberspace;

-Provision of national or international domain names for service users in Vietnam;

-E-commerce; Online payment in Vietnam;

-Payment intermediaries; Services of connection and transportation in cyberspace in Vietnam;

-Social media and social communication in Vietnam;

-Online video games in Vietnam;

Services of provision, management, or operation other information in cyberspace in forms of messages, calls, video calls, emails, online chatting in Vietnam.

However, not at all foreign enterprises is required to store data according to regulations. Decree 53/2022/ND-CP also sets conditions for the storage of data in Vietnam, specifically as follows: services provided by such foreign enterprises are used for violations of laws on cybersecurity, notified and requested for cooperation, prevention, investigation, and handling in writing by the Department of Cyber Security and Hi-tech Crime Prevention of the Ministry of Public Security of Vietnam but they fail to comply or incompletely comply with such documents or prevent, obstruct, disable, or nullify the effect of cybersecurity protection measures performed by cybersecurity protection forces;

In case of an exception to the conditions for force majeure circumstances, the foreign enterprise cannot comply with the requirements of the law on cyber security, the foreign enterprise shall notify the Cybersecurity Department and high-tech crime prevention and control under the Ministry of Public Security within 03 working days for inspection of the verification of such force majeure. In this case, the enterprise will have 30 days to adopt remedial methods.

For the form of data storage, Decree 53/2022/ND-CP does not provide any specific requirements, but allows businesses to decide for themselves how to store their data in Vietnam, whether domestic or foreign enterprises.

For the time duration for data storage: for domestic enterprises, it automatically stores data; for foreign enterprises starting when the enterprise receives the request to store data from the Minister of Public Security until the end of the request; Minimum storage period is 24 months.

The Decree stipulates more specifically and strictly on the order and procedures for applying measures to ensure network security as well as the rights and obligations of state agencies in data security, building a network security system management system to ensure internal network security at the agency. Companies operating in the internet business should take into consideration of the new regulations and ensure compliance. It is important to engage cybersecurity lawyers in Vietnam for legal advice and update.

ANT Lawyers – a law firm in Vietnam will always follow up with authorities for legal update on matters relevant to cybersecurity to update clients on regular basis

Nguồn:https://antlawyers.vn/library/decree-53-2022-nd-cp-detailing-of-the-law-on-cybersecurity-2018.html

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Da Nang Hold Series of International Information Technology Activities

 From 21st to 24th October, the Danang People’s Committee in collaboration with the Vietnam Software and IT Services Association (VINASA) will organize an important international chain of information technology activities, including: Smart City Summit 2019 – The 3rd Smart City Summit 2019 and Japan Information Technology Day 2019 – The 12th Japan ICT Day 2019 in Danang.

Smart City Summit is an annual international event being held to promote cooperation, experience sharing, and smart city building strategy for the cities in the area, based on new technology platforms such as: IoT, Big Data, AI, SMAC… they help to manage the city’s performance and bring practical utilities, social security to the citizen, accelerate the digital transformation process of governments and orgazations, enterprise.

The summit will have the participation of 600 delegates, including about 200 international delegates, including senior leaders of the Government, ministries and central branches of Vietnam; leaders of major cities in Vietnam and the region; leaders of leading enterprises, technology corporations of Vietnam and the world.

The summit will be an opportunity for Danang to acquire and build a smart city, based on the scientific and technological foundations of advanced countries in the world, to build a smart and modern city, application of Information Technology (IT) to management and operation to bring high efficiency in the process of development and investment attraction.

Japan ICT Day is a cooperative promotion activity for Vietnam and Japan IT enterprises organized annually by VINASA and Vietnam – Japan Cooperation Committee (VJC), starting from 2007. The program was the sponsorship of the Ministry of Information and Communications, the Ministry of Industry and Trade, the coordination and support of many Japanese organizations such as the Embassy of Japan, JETRO, JISA, JEITA, KEIS, OADC, CSAJ, JASA,…

Japan ICT Day 2019 with the theme “Vietnam-Japan cooperation to promote digital transformation” will have the participation of 350 delegates, including nearly 100 delegates from Japan, with 3 topics: Cooperation Vietnam-Japan IT in the new technology trend; Developing IT human resources for Vietnam – Japan IT cooperation; Improve the efficiency in software outsourcing. Japan ICT Day 2019 is also expected to create a highlight to further promote Vietnam-Japan IT cooperation in Danang in particular and cooperation between localities of Japan and Danang in all fields.

Danang holds the 3rd Smart City Summit 2019 and the 12th Japan ICT Day 2019 continue the target of “’The year continues to promote attract investment “of the city, and at the same time promote the process of building a smart city in Danang.

By the events, Danang wishes to complete the process of establishing a smart city in the near future, and attracting and learning the experiences of advanced countries in the world. This is also an opportunity for investors around the world to set up company to invest in Danang in the future, to be able to give the best benefits not only for investors but also for the development of Danang city.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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What Are Permits for Importing Cyber Information Security Products?

  According to Article 48, Law on Cyber Information Security, the import licenses and permits required for Cyber information security products are regulated as following:

1.To import cyber information security products on the Government-prescribed list of cyber information security products subject to import permit, an enterprise shall obtain a permit for import of cyber information security products from a competent state agency.

2.Before importing cyberinformation security products, organizations and enterprises must have them certified and announced as conformable with regulations.

3.An organization or enterprise shall be granted a permit for import of cyberinformation security products when fully meeting the following conditions:

-Possessing a license for trading in cyber information security products;

-Having cyber information security products certified and announced as conformable with regulations;

-Ensuring that users and use purposes of cyber information security products do not harm national defense and security or social order and safety.

4.The Ministry of Information and Communications shall prescribe in detail the order, procedures and dossier for grant of a permit for import of cyber information security products.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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Cybersecurity law in Vietnam and data privacy issue

  Vietnam’s cybersecurity law has been passed on 12/6/2018, will officially come into effect on Jan 1st, 2019. This new law attracts attention, and contributions from many people. From the state management’s perspective, Cybersecurity Law is to protect national security. From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, ecommerce websites and individuals whom use these services…. are directly affected groups.

At present, much of the information is stored on e-mail, social networking platforms…According to Article 26 of Vietnam Cybersecurity Law, it is required to “Store in Vietnam for the personal information of people who use services in Vietnam and the important data related to national security; Having headquarters or representative offices set up in Vietnam”. It is understood that only foreign organizations with headquarters or representative offices in Vietnam are permitted to provide internet, social networking, fintech services in Vietnam. Accordingly, to continue the related services in Vietnam, organizations providing services such as the internet, social networks, fintech services need to establish representative office in Vietnam and for storing data relating to users in Vietnam.

Point a, Clause 2 of Article 26 of Vietnam Cybersecurity Law regulates that organizations provide internet, social network services have to: “establish information authentication mechanism when user registers account; protect confidential information, user accounts; disclose users’ information to network security division under the Ministry of Public Security upon request in writing”. It is suggested that, in order to protect the user’s information and to avoid abuse of power, the Ministry of Public Security should have specific guidelines for management.

According Article 21 of Vietnam’s Constitution in 2013: “everyone has the right to inviolability of private life, personal and confidential family secrets; have the right to defend the honor and prestige” “No one shall be permitted to open, control, illegally seize any correspondence, telephone, telegram and other forms of private communication.” With the introduction of the Vietnam Cybersecurity Law, the management of information, of service providers, and personal private information pose challenges in terms of data privacy.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

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What are Conditions to Meet for Trading civil cryptographic products and services ?

  According to Article 30 and 31, Law on Cyber Information Security,

Civil cryptographic products and services are:

1. Civil cryptographic products include cryptographic documents and technical and professional equipment used to protect information not classified as state secret.

2. Civil cryptographic services include services of protection of information using civil cryptographic products; inspection and assessment of civil cryptographic products; and counseling on cyber information confidentiality and security using civil cryptographic products.

Trading in civil cryptographic products and services requires:

1. An enterprise that wishes to trade in civil cryptographic products and services on the list of civil cryptographic products and services shall obtain a license for doing so.

2. An enterprise shall be granted a license for trading in civil cryptographic products and services when fully meeting the following conditions:

-Having managerial, administration and technical staff members who meet professional requirements on information confidentiality and security;

-Having equipment and physical foundations suitable to the scale of provision of civil cryptographic products and services;

-Having a technical plan conformable with standards and technical regulations;

-Having a cyber information confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

-Having an appropriate business plan.

3. Civil cryptographic products shall be inspected and certified as conformable with regulations before being marketed.

4. To obtain a license for trading in civil cryptographic products and services, an enterprise shall pay a fee in accordance with the law on charges and fees.

5. The Government shall promulgate a list of civil cryptographic products and services and detail this Article.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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How to Apply For Trading License in Civil Cryptographic Products and Services?

  According to Article 32, Law on Cyber Information Security, the application of licenses for trading in civil cryptographic products and services need to follow the following:

1. An enterprise applying for a license for trading in civil cryptographic products and services shall submit a dossier of application for a license at the Government Cipher Committee.

2. A dossier of application for a license for trading in civil cryptographic products and services shall be made in two sets, each comprising:

-An application for a license for trading in civil cryptographic products and services;

-A copy of the enterprise registration certificate, investment registration certificate or another paper of equivalent validity;

-Copies of information confidentiality and security diplomas or certificates of managerial, administration and technical staff members;

-A technical plan, consisting of papers on technical characteristics and specifications of products; standards or technical regulations of products; standards and quality of services; technical measures and solutions; and product warranty and maintenance plan;

-A cyberinformation confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

-A business plan, indicating the scope of provision and recipients of products and services, scale and quantity of products and services, customer service networks, and technical assurance.

3. Within 30 days after receiving a complete dossier, the Government Cipher Committee shall appraise it and grant a license for trading in civil cryptographic products and services; if refusing to grant a license, it shall issue a written notice clearly stating the reason.

4. A license for trading in civil cryptographic products and services shall be valid for 10 years.

-Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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High-tech Crime in Vietnam

  The Vietnam Public Security have arrested a number of foreigners using fake ATM cards to withdraw money in Vietnam in both Hanoi and Ho Chi Minh City.

Through the Vietnam Foreign Affairs Department, the Public Security will inform the respective foreign Consulate in Vietnam and the family of the foreigners commited crime to invite lawyers in Vietnam to cooperate during the investigation, prosecution and trial process in Vietnam.

It has been reported recently that some criminal organizations abroad have selected Vietnam as a place to perform illegal acts. The act of using internet network and high- tech system to steal money in credit cards, in ATM machines to spend in Vietnam or convert them into foreign currency to bring abroad are getting more common. Unauthorized intrusion into the database of key economic sectors such as postal , telecommunications, banking, and websites to steal information, domain name, credit card to make online purchase or usage of fake ATM cards to withdraw cash from ATM machines in Vietnam are violations of Vietnam Criminal Code.

Currently, under the provisions of the Vietnam Criminal Code, Article 224, 225 and 226 are governing the violations in the field of high-tech crime. Article 224 governs the acts to create and spread virus information; Article 225 governs the breach of operation, and usage of electronic computers; and Article 226 governs the unauthorized usage of information online and in computers. As the high-tech crime has no borders and gets more sophisticated, the Vietnam law experts are calling for stricter sanctions to deter and prevent it from spreading.

However the Vietnam law experts have also admitted that the current Vietnam Penal Code also has limitations due to the high-tech’s complexity in nature resulting in difficulties for Vietnam Procedure Conducting Agencies at Public Security’s Investigation Agency, Public Prosecutor, and High Court of Vietnam.

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Network security services – Cybersecurity solutions in the new situation

  Information technology is existing in almost all areas of life, contributing to increasing work efficiency, saving time and costs. Besides these advantages, users also face many risks from loss, leakage of personal data, and organizational information and invasion of privacy when accessing the network. Therefore, network security service has becoming a necessary solution. Accordingly, Vietnam Ministry of Public Security proposed to consider cybersecurity protection services as business lines which are subject to conditions in the Vietnam Investment Law.

According to statistics in 2021, the Ministry of Public Security has recorded and analyzed nearly eight million warnings related to cyberattack activities, thereby detecting and verifying 2,763 cyberattacks targeting portal sites in the country (up 26% compared to 2020). In addition, cyberattacks tend to increase, causing political influence and greater economic losses. In addition, the situation of illegally collecting and infiltrating information and data of organizations and individuals for illegal purpose are increasingly complicated. The participation of network security services will contribute to strengthening the protection of the network security environment, especially important economic organizations such as banks, securities, state agencies, which are organizations that have vital role of the country.

On the other hand, the development of network security services is in line with the development policy of the country. Specifically, in Resolution No. 30 of the Politburo on the National Cybersecurity Strategy, the ultimate goal has been determined to reduce the risk of national security and social order and safety being compromised. Moreover, the Government has also issued Resolution No. 22 on the action plan to ensure national cybersecurity. Accordingly, the Ministry of Public Security shall assume the prime responsibility for formulating a Decree stipulating conditions for trading in cybersecurity products and services. Therefore, making network security services a business line is consistent with the current context and development orientation.

In addition, approving network security services will guide specific regulations and conditions for businesses. Businesses and organizations and individuals providing cybersecurity products and services will need to actively comply with regulations. The business conditions for network security services will ensure that network security products and services to be provided by reputable and capable service providers. Accordingly, improving policies and laws and improving the effectiveness and efficiency of state management of information, communication and network security will be a solid basis for cybersecurity services to demonstrate their functions and roles its important role in the overall development of the country.

Moreover, developing quality and effective cybersecurity services will create more opportunities and attract more foreign investors to participate in the Vietnam market. Most business activities now have involved the Internet connection, and therefore the risks such as information security and data security will be an issue of concern to investors making investment, setting up company in Vietnam. If network security services that support risk reduction and data recovery to help run business well, it will create confidence and motivation for investors.

The Ministry of Public Security expects network security products and services to include: (i) Confidential products to collect information (devices where hardware and software have the function of collecting information, documents, and data) via cyber – spyware; (ii) Security control products for network traffic (in which specialized hardware and software equipment for competent state agencies are designed with specific features to protect targets, systems, etc.) information system to warn, detect and prevent cyber security violations; (iii) Network security monitoring services, network security testing, knowledge training, network consulting, standards assessment. These are services and products that have practical applications and are capable of meeting the needs of individuals and organizations using cyberspace.

Therefore, although cybersecurity services have not yet been officially approved, in the current context, network security services will be an effective solution to work with the Government to build a digital environment and develop digital technology secure and sustainable information technology in line with the speed of global development. It is expected that when cyber security services are specified, it will promote a healthy, safe and effective cyber environment and hence promote the business and investment in Vietnam.

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Da Nang: Granting Investment Certificates for 14 FDI Projects in The First Month of 2020

In the first month of 2020, Da Nang granted dozens of economic projects, including 14 foreign direct investment (FDI) projects of foreign investors coming to set up company in Da Nang, with a total capital of 1,686 million USD.

The registered projects operate mainly in the fields of food service, information technology and foreign language training.

Accumulated to December 2019, there were 331 projects with a total investment of 104,707 billion VND. In the past 2019, despite removing many obstacles, Da Nang’s investment attraction has prospered. According to Department of Planning and Investment of Da Nang, from January 1st to December 15th 2019, FDI attraction reached 690.76 million USD. In which, there were 132 new projects, with total registered investment capital of 438.042 million USD; 16 projects increased capital with an additional capital of 117.38 million USD; 210 turns of foreign investors contributed capital with the value of 135.334 million USD; granted investment policy decisions for 9 projects with a total investment of over 8,829 billion VND.

Recently, in order to “cool off” traffic congestion in the inner city, Da Nang has spent hundreds of billion VND to renovate urban areas, build concentrated parking lots and renovate intersections. …

In 2020, the city will continue to promote and implement key and motivational transport projects such as Lien Chieu port, relocate railway station, adjust the city’s general plan, build T3 terminal – Da Nang international airport, the project to improve transport infrastructure borrowed from OFID Fund, the western ring road 2, North-West axis I, the consolidation road along both sides of Nam Hai Van bypass road, upgrading DT601 road… In addition, the city will study to promote and deploy urban railway connecting Da Nang with Hoi An city (Quang Nam province); continue to invest in developing public transport, compatible among types of transport in urban areas.

The investment in developing transport infrastructure and improving intersections will not only reduces traffic congestion but also promotes economic development.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our Law firms in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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The Growth Trend of Vietnam Telecom Industry

Vietnam telecom industry is a major sector of the economy, contributing to the development of the whole country. This sector is promised to develop rapidly in the future.

Presently, the global economic integration is the inevitable trend of the world, including Vietnam. When Vietnam opens its market and participates in the large economic organizations, the domestic industries and services will have to face with a huge competitive pressure.

Cyber Security Lawyers in Vietnam

Telecom business consultant in Vietnam

Vietnam international law firm

The foreign corporations and companies with abundant capital, modern technology and many experiences in business management will be formidable competitors of the Vietnam businesses. Among many economic sectors, the telecommunication – informatics – information technology sector is considered to play vital role and has made important contributions to economic development. This sector is not only a key economic factor in the integration process, but also has helped to raise the public awareness, as well as contributing to ensure national security and social order. Therefore, the telecommunication – informatics – information technology sector needs to have positive changes, promote expansion and diversification in order to develop the economy in line with global integration.

It can be seen that telecommunication – informatics – information technology sector has always been a potential industry of Vietnam. According to a recent evaluation by expert from Kyunghee University – Korea, Vietnam’s telecommunication – informatics – information technology sector is growing faster than other countries at the same level and this sector also has great potential for development in the future.

The telecommunication market of Vietnam now includes many different types of service, of which there are two main types that are mobile telecommunication service and internet service. In the past period, due to the high competition among telecommunication service providers that customers had more favorable conditions for access to telecommunication and information technology services, lowering the prices of mobile telecommunication and broadband internet services compared with other countries in Southeast Asia.

For the telecommunication market, the race on rates and competition in products and services of the large networks are happening increasingly fierce between local and foreign suppliers. The level of competition on the telecommunication market of Vietnam is forecasted to be more intense as the market has entered the period of saturation and many new service providers have appeared in accordance with WTO accession commitments.

Besides, the training of personnel for the field of informatics – information technology will continue to be focused in the future. In fact, the information technology business is still very understaffed, while many graduated students are unemployed or working in other professions. Therefore, in order to meet the needs of high-quality personnel for the information technology companies, Vietnam has to improve the quality of education from the levels of college, university as well as encourage employees to frequently accessing to new technology, promoting creativity and initiative in their works.

How ANT Lawyers Could Help Your Business?

The changes of laws will be monitored by ANT Lawyers. For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529

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What Are Permits for Importing Cyber Information Security Products?

According to Article 48, Law on Cyber Information Security, the import licenses and permits required for Cyber information security products are regulated as following:

1.To import cyber information security products on the Government-prescribed list of cyber information security products subject to import permit, an enterprise shall obtain a permit for import of cyber information security products from a competent state agency.

2.Before importing cyberinformation security products, organizations and enterprises must have them certified and announced as conformable with regulations.

3.An organization or enterprise shall be granted a permit for import of cyberinformation security products when fully meeting the following conditions:

-Possessing a license for trading in cyber information security products;

-Having cyber information security products certified and announced as conformable with regulations;

-Ensuring that users and use purposes of cyber information security products do not harm national defense and security or social order and safety.

4.The Ministry of Information and Communications shall prescribe in detail the order, procedures and dossier for grant of a permit for import of cyber information security products.

How ANT Lawyers Could Help Your Business?

Our cyber security lawyers always follow development of law firm in Vietnam to provide the client with update. For advice or service request, please contact us via email ant@antlawyers.vn, or call (+84) 24 730 86 529. 

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:

1. Organizations and individuals that process personal information shall:

a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;

b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;

c/ Refrain from providing, sharing or spreading to a third party personal information they have collected, accessed or controlled, unless they obtain the consent of the owners of such personal information or at the request of competent state agencies.

2. State agencies shall secure and store personal information they have collected.

3. Owners of personal information may request personal information-processing organizations and individuals to provide their personal information collected and stored by the latter.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers or contact our Law Firms In Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

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What are Conditions to Meet for Trading civil cryptographic products and services?

According to Article 30 and 31, Law on Cyber Information Security,

Civil cryptographic products and services are:

1. Civil cryptographic products include cryptographic documents and technical and professional equipment used to protect information not classified as state secret.

2. Civil cryptographic services include services of protection of information using civil cryptographic products; inspection and assessment of civil cryptographic products; and counseling on cyber information confidentiality and security using civil cryptographic products.

Trading in civil cryptographic products and services requires:

1. An enterprise that wishes to trade in civil cryptographic products and services on the list of civil cryptographic products and services shall obtain a license for doing so.

2. An enterprise shall be granted a license for trading in civil cryptographic products and services when fully meeting the following conditions:

a/ Having managerial, administration and technical staff members who meet professional requirements on information confidentiality and security;

b/ Having equipment and physical foundations suitable to the scale of provision of civil cryptographic products and services;

c/ Having a technical plan conformable with standards and technical regulations;

d/ Having a cyber information confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

e/ Having an appropriate business plan.

3. Civil cryptographic products shall be inspected and certified as conformable with regulations before being marketed.

4. To obtain a license for trading in civil cryptographic products and services, an enterprise shall pay a fee in accordance with the law on charges and fees.

5. The Government shall promulgate a list of civil cryptographic products and services and detail this Article.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

How ANT Lawyers Could Help Your Business?

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang and Ho Chi Minh City. We provide convenient access to our clients. Please contact us to book your time in advanced to let us provide our best service.

Call us at (+84) 24 730 86 529 or send us email ant@antlawyers.vn

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Cybersecurity law in Vietnam and data privacy issue

Vietnam’s cybersecurity law has been passed on 12/6/2018, will officially come into effect on Jan 1st, 2019. This new law attracts attention, and contributions from many people. From the state management’s perspective, Cybersecurity Law is to protect national security. From business and users’ perspective, organizations that provide Internet services, social networks service, IT services companies, Fintech services, ecommerce websites and individuals whom use these services…. are directly affected groups.

At present, much of the information is stored on e-mail, social networking platforms…According to Article 26 of Vietnam Cybersecurity Law, it is required to “Store in Vietnam for the personal information of people who use services in Vietnam and the important data related to national security; Having headquarters or set up representative offices in Vietnam”. It is understood that only foreign organizations with headquarters or representative offices in Vietnam are permitted to provide internet, social networking, fintech services in Vietnam. Accordingly, to continue the related services in Vietnam, organizations providing services such as the internet, social networks, fintech services need to establish a representative office in Vietnam and for storing data relating to users in Vietnam.

Point a, Clause 2 of Article 26 of Vietnam Cybersecurity Law regulates that organizations provide internet, social network services have to: “establish information authentication mechanism when user registers account; protect confidential information, user accounts; disclose users’ information to network security division under the Ministry of Public Security upon request in writing”. It is suggested that, in order to protect the user’s information and to avoid abuse of power, the Ministry of Public Security should have specific guidelines for management.

According Article 21 of Vietnam’s Constitution in 2013: “everyone has the right to inviolability of private life, personal and confidential family secrets; have the right to defend the honor and prestige” “No one shall be permitted to open, control, illegally seize any correspondence, telephone, telegram and other forms of private communication.” With the introduction of the Vietnam Cybersecurity Law, the management of information, of service providers, and personal private information pose challenges in terms of data privacy.

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The changes of laws will be monitored by ANT Lawyers. For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529

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Investment Incentives for IT area in Vietnam

Vietnam is attracting investors from around the world to make investment through setting up IT service company in Vietnam

Since 2010, Vietnam has initiated and invested more resources in the information technology which has been realized as an area that could create a competitive edge for Vietnam. Recently, the Vietnam government has put a legal frameworks to attract more investment in this area, with the issuance of Decree No.154/2013/ND-CP, taking effect from Jan 1st, 2014 guiding particularly on management of the focused information technology areas.

Cyber Security Lawyersin Vietnam

Accordingly, the enterprises at focused information technology areas will enjoy tax benefits i.e. income tax rate of 10% within 15 years, in some specific cases, extended to 30 years; exempt 50% within 5 continuous years. They are exempted the import tax when importing goods to build fixed properties, manufacture such as machines, equipment, parts, assembles.

Besides, these enterprises may enjoy convenient conditions in customs procedure, incentives in export tax, investment credit, import credit and favorable policies for enterprises business in high technology area.

The focused information technology area must have at least 2,000 employees specialized in information technology; in case of emphasizing in software manufacture, digital content, information technology service, 1,000 specialized employees will be employed at least.

How ANT Lawyers Could Help Your Business?

The changes of laws will be monitored by ANT Lawyers. For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529

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