Vietnam: The Law on CyberSecurity
The Law on Cybersecurity is a Vietnamese legislation that took effect in January 2019. The law is designed to regulate activities in cyberspace, safeguard national security and interests, and ensure social order and safety. It imposes new requirements on technology companies, mandates the storage of certain data locally, and grants the Vietnamese government increased surveillance powers.
The law requires internet service providers and foreign companies that provide internet-based services in Vietnam to store user data within the country and to provide such data to the government upon request. It also requires technology companies to establish representative offices in Vietnam and comply with government requests to remove content deemed illegal. Critics have raised concerns that the law would curtail free speech and that the government could use it to silence dissent.
The Vietnamese government has argued that the law is necessary to protect the country from cybersecurity threats and to ensure that national security interests are safeguarded in the digital age. However, the law has faced criticism from the international community, with some foreign companies and human rights organizations urging the Vietnamese government to reconsider the law and ensure it does not undermine individuals’ free speech and privacy.
Chapter I: GENERAL PROVISIONS
Article 1 – Scope of governing
Article 2 – Definitions
Article 3 – State policies on cybersecurity
Article 4 – Principles of cybersecurity protection
Article 5 – Measures for cybersecurity protection
Article 6 – Protection of national cyberspace
Article 7 – International cooperation on cybersecurity
Article 8 – Conduct which is strictly prohibited
Article 9 – Dealing with breaches of the law on cybersecurity
CHAPTER 2: PROTECTION OF CYBERSECURITY OF INFORMATION SYSTEMS CRITICAL FOR NATIONAL SECURITY
Article 10 – Information systems critical for national security
Article 11 – Evaluation of cybersecurity of information systems critical for national security
Article 12 – Assessment of cybersecurity conditions of information systems critical for national security
Article 13 – Inspections [audit] of cybersecurity of information systems critical for national security
Article 14 – Supervision of cybersecurity of information systems critical for national security
Article 15 – Responding to and remedying any cybersecurity incident on an information system critical for national security
CHAPTER 3: PREVENTION OF AND DEALING WITH AN INFRINGEMENT OF CYBERSECURITY
Article 16 – Prevention of and dealing with information in cyberspace with contents being propaganda against the Socialist Republic of Vietnam; information contents which incite riots, disrupt security or cause public disorder; which cause embarrassment or are slanderous; or which violate economic management order
Article 17 – Prevention of and combatting cyberespionage; and protection of information classified as State secret, work secrets, business secrets, personal secrets, family secrets and private life in cyberspace
Article 18 – Prevention of and combatting use of cyberspace, information technology and electronic media in order to breach the law on national security, social order and safety
Article 19 – Prevention of and combating cyberattacks
Article 20 – Prevention of and combating cyberterrorism
Article 21 – Prevention of and dealing with dangerous cybersecurity situations
Article 22 – Fighting to protect cybersecurity
CHAPTER 4: CYBERSECURITY PROTECTIVE ACTIVITIES
Article 23 – Implementation of cybersecurity protective activities in State agencies and political organizations at the central and local levels
Article 24 – Inspection [audit] of cybersecurity of information systems of agencies and organizations not on the list of information systems critical for national security
Article 25 – Protection of cybersecurity of national cyberspace infrastructure and international network gateways
Article 26 – Guarantees relating to information security in cyberspace
Article 27 – Research and development of cybersecurity
Article 28 – Improvement of self-autonomy regarding cybersecurity
Article 29 – Child protection in cyberspace
CHAPTER 5: GUARANTEES RELATING TO CYBERSECURITY PROTECTIVE ACTIVITIES
Article 30 – Cybersecurity protective forces [comprise:]
Article 31 – Guarantees relating to cybersecurity protective human resources
Article 32 – Selection, training and development of cybersecurity protective forces
Article 33 – Education and retraining on cybersecurity knowledge and activities
CHAPTER 6: RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS
Article 36 – Responsibilities of the Ministry of Public Security
Article 37 – Responsibilities of the Ministry of National Defence
Article 38 – Responsibilities of the Ministry of Information and Communications
Article 39 – Responsibilities of the Government Cipher Department
Article 40 – Responsibilities of ministries, branches and provincial people’s committees
Article 41 – Responsibilities of service providers in cyberspace
CHAPTER 7: IMPLEMENTING PROVISIONS
Article 43 – Effectiveness
