Vietnam: What does the information in cyberspace against cybersecurity include? What is the data storage time for information in cyberspace against cybersecurity?
What does the information in cyberspace against cybersecurity in Vietnam include?
Pursuant to Article 16 of the Law on Cyber Security 2018, information in cyberspace against cybersecurity in Vietnam includes:
- A piece of information in cyberspace will be considered propaganda against the government of the Socialist Republic of Vietnam if it:
+ Slanders or defames the people's government;
+ Is used for psychological warfare; provokes a war of aggression; causes discrimination against or hostility towards a race, religion or country;
+ Offends the people or desecrates the national flag, national anthem, political leaders, honored people, or national heroes.
- A piece of information in cyberspace will be considered provoking riots or disturbing the peace if it:
+ Persuades, encourages, deceives, threatens people, or causes discrimination for the purpose of armed activities or use of violent force to oppose the people's government.
+ Encourages, deceives, threatens, or persuades people to participate in public gatherings intended to cause disruption or oppose law enforcers or obstruct the operation of an organization, thus threatening public order and security.
- A piece of information in cyberspace will be considered humiliating or slandering if it:
+ Seriously harms another person’s dignity or honor;
+ Is fabricated to harm another person’s dignity or honor or violate lawful rights and interests of another organization or individual.
- Information in cyberspace that is meant to commit violations against regulations of law on economic management includes:
+ Fabricated or false information about products, goods, money, bonds, treasury bills, checks, and other financial instruments;
+ Fabricated or false information about finance, banking, e-commerce, electronic payment, foreign exchange, capital raising, multi-level marketing, and securities.
+ Other fabricated or false information in cyberspace that is meant to cause public confusion or economic loss, obstruct regulatory bodies or law enforcers or violate lawful rights and interests of other organizations and individuals.
What is the data storage time for information in cyberspace against cybersecurity in Vietnam?
Pursuant to Point b, Clause 2, Article 26 of the Law on Cyber Security 2018 as follows:
Assurance of information security in cyberspace
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2. Domestic and overseas providers of telecommunications services, internet services and value-added services in Vietnam’s cyberspace have the responsibility to:
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b) Block and delete information mentioned in Clause 1 through 5 Article 16 of this Law on their services or information systems within 24 hours after a request is given by the cybersecurity force of the Ministry of Public Security or a competent authority of the Ministry of Information and Communications; keep a log of such events to serve investigation into cybersecurity violations for a certain period of time specified by the Government;
At the same time, based on Article 27 of Decree 53/2022/ND-CP as follows:
Time for data storage and establishment of branches or representative offices in Vietnam
1. The time for data storage, according to regulations prescribed in Article 26 of this Decree, shall start when enterprises receive the request for data storage until the end of the time prescribed in such request. The mandatory storage time is 24 months.
2. The time for the establishment of branches or representative offices in Vietnam according to regulations prescribed in Article 26 of this decree shall start when enterprises receive the request for the establishment of branches or representative offices in Vietnam until such business terminate their operation in Vietnam or the prescribed service is no longer available in Vietnam.
3. The system log for investigation and handling of acts of violating laws on cybersecurity prescribed in Point b Clause 2 Article 26 of the Law on Cybersecurity shall be stored for at least 12 months.
Accordingly, the data storage time for information in cyberspace against cybersecurity in Vietnam is at least 12 months.
What are the cybersecurity protection measures in Vietnam?
Pursuant to Article 5 of the Law on Cyber Security 2018, the cybersecurity protection measures in Vietnam include:
+ Cybersecurity appraisal;
+ Cybersecurity assessment;
+ Cybersecurity inspection;
+ Cybersecurity monitoring;
+ Cybersecurity incident response and remediation;
+ Cybersecurity protection activities;
+ Use of cryptography for cybersecurity protection;
+ Request for suspension or termination of network information; termination and suspension of establishment, provision, and use of telecommunications network, the Internet, production and use of radio transmitters and receivers as prescribed by law;
+ Request for removal of illegal or false information in cyberspace which violates national security, disrupts public order, or violates lawful rights and interests of other organizations or individuals.
+ Collection of electronic data relevant to a violation of national security, disruption of public order, or violation of lawful rights and interests of any organization or individual in cyberspace;
+ Block or restrict activities of the certain information system; termination, suspension, or request for termination of the certain information system; revocation of domain names;
+ Initiation of charges, investigation, prosecution, and hearing in accordance with the Criminal Procedure Code;
+ Other measures defined by regulations of law on national security and handling administrative violations.
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