Research and completion of the Draft Law on digital technology industry of Vietnam

Research and completion of the Draft Law on digital technology industry of Vietnam
Duong Chau Thanh

Resolution 126/NQ-CP of the thematic meeting on law-making in August 2024 issued by the Government of Vietnam on September 1, 2024, in which the tasks of researching and completing the draft Law on digital technology industry of Vietnam are assigned.

Research and completion of the Draft Law on digital technology industry of Vietnam of Vietnam

To be specific, regarding the Draft Law on digital technology industry of Vietnam, the Government of Vietnam highly appreciates the Ministry of Information and Communications for actively researching, taking the lead, and cooperating with ministries, central authorities, and local authorities to evaluate practices and develop new policies for the Draft Law on digital technology industry of Vietnam.

The Government of Vietnam agrees on the necessity of developing the Law to thoroughly and specifically implement the views, principles, and policies of the Communist Party on continuing to promote industrialization and modernization of the country, proactively participating in the Fourth Industrial Revolution, and promoting sustainable economic development, self-reliance based on research, innovation, production, and application of products from the digital technology industry.

The Government of Vietnam assigns the Ministry of Information and Communications to take the lead, in cooperation with relevant ministries and agencies, to research and perfect the Draft Law on digital technology industry of Vietnam with the following requirements:

- Review the regulations to ensure they align with the principles of the Communist Party on the development of the digital technology industry and innovation; ensure consistency and uniformity with related laws: Law on Investment, Enterprise Income Tax Law, Law on High Technology, Law on Credit Institutions, etc. Review and adjust new concepts in the digital technology industry to make them easy to understand and apply.

- Research and develop mechanisms to promote and incentivize investment and development of human resources in the digital technology industry, especially in fields such as semiconductors, artificial intelligence, etc. Incentives and support policies need to be based on scientific, reasonable, and feasible foundations, creating clear mechanisms, decentralization, delegation of authority, administrative procedure reduction, resource allocation associated with post-inspection to promote the development of the digital technology industry.

- Perfect controlled testing mechanisms for digital technology products and services in a way that promotes development and ensures that controlled testing mechanisms can be applied across sectors; include suitable regulations for specific, stringent conditions on exemption from civil and administrative liability for authorities and organizations participating in testing in cases where individuals and organizations make objective, non-malicious mistakes and comply fully with the law; regarding criminal liability exemption, apply the current regulations of the Criminal Code.

- For some products and services of the digital technology industry such as digital assets, encrypted assets, artificial intelligence: research and supplement principle regulations "on criteria, principles of digital asset management, and delegation of management responsibilities" and assign the Government of Vietnam to provide detailed regulations to ensure the feasibility of this law.

The Ministry of Information and Communications should study international experience on related regulations in the draft Law to perfect the project dossier according to the Law on Promulgation of Legal Documents; closely coordinate with National Assembly agencies; enhance policy communication, and report to the Prime Minister of the Government of Vietnam before submitting to the National Assembly at the 8th Session, 15th National Assembly.

More details can be found in Resolution 126/ND-CP dated September 1, 2024.

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