The Government of Vietnam has basically agreed on 5 policies in the Proposal for the formulation of the Law on Data

The Government of Vietnam has basically agreed on 5 policies in the Proposal for the formulation of the Law on Data (Internet image)

Regarding this matter, LawNet would like to answer as follows:

Specifically, on May 18, 2024, the Government Office of Vietnam issued Notification 229/TB-VPCP, which summarized the conclusions of the Government Standing Committee regarding the Proposal for the formulation of the Law on Data.

The Government of Vietnam has basically agreed on 5 policies in the Proposal for the formulation of the Law on Data

The government has acknowledged the leadership and coordination of the Ministry of Public Security, along with other relevant ministries and agencies, in drafting the Proposal in accordance with the regulations of the Law on the Promulgation of Legislative Documents.

Furthermore, the government has reached a consensus on the necessity of formulating the Law in order to fully implement the Party's viewpoints, principles, and policies regarding the construction and improvement of the legal system on data. The Law aims to address existing shortcomings and limitations, ensure the unified and effective use of information in databases that are suitable for the process of integration, expand international exchanges and cooperation, serve state management, promote economic, cultural, and social development, and ensure national defense, security, order, and social safety.

The government has instructed the Ministry of Public Security to study and consider the opinions of the Government Standing Committee and the members of the Government, and to further refine the following aspects:

(1) Regarding Policy 1: Ensure alignment with the objectives of the policy. However, to avoid conflicts within the legal system, a thorough review and evaluation are required to ensure there is no overlap with related laws such as the Law on Information Technology, the Law on Electronic Transactions 2023, the Law on Telecommunications, etc., especially the Proposal for the Formulation of the Law on Digital Industry Technology, which has been approved by the Government and regulates data scope, data protection, national databases, databases of ministries, localities, shared databases, etc. Further clarification is needed on the concept of data, its subjects, and the scope of management.

Regarding Data Strategy: It is recommended to only regulate the issuance of the National Data Strategy by ministries and sectors, and to continue reviewing the authorities of the Government and the Prime Minister to ensure compliance with the Law on Government Organization, including the review of the authority to issue the National Data Strategy in line with current practices.

Regarding the National Data Development Fund: It is recommended to continue reviewing to avoid duplication and ensure flexibility and efficiency in resource mobilization.

(2) Regarding Policy 2: Basically agree with the objectives of the policy. The Ministry of Public Security, in coordination with relevant agencies, will continue to review and clarify the connection and sharing of information between sectors and fields to prevent overlaps, redundancies, and wastage. At the same time, ensure the confidentiality of the information of agencies, organizations, and individuals, and ensure that state management agencies exploit and effectively use shared database resources for the purpose of state management.

(3) Regarding Policy 3: Basically agree with the objectives of the policy. However, it is suggested that this law only stipulates the principles regarding the National Data Center, and specific contents should be determined by the government to ensure effective implementation.

(4) Regarding Policy 4: Basically agree with the objectives of the policy. It is recommended to continue reviewing to ensure consistency in functions and duties among agencies, clarify the regulations on data as assets, the purchase and sale of data, data asset management, and data service management to ensure the rights and responsibilities of ministries and sectors in owning databases, in accordance with the laws on state budget, public asset management, investment, prices, fees, etc.

The Ministry of Public Security, in coordination with the Ministry of Justice, the Office of the Government, and other relevant agencies, will study, revise, and improve the Proposal for the Construction of the Law and submit it to the Government at the specialized law-building session in May 2024.

More details can be found in Notification 229/TB-VPCP dated May 18, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE