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Completing the legal corridor for national digital transformation

The legal system on digital transformation has been formed with many specialized laws, but the regulations are still scattered, lack overall connectivity, and have not comprehensively regulated the activities of the national digital transformation process. The promulgation of the Law on Digital Transformation is necessary to complete the synchronous and comprehensive legal corridor to regulate and promote the national digital transformation process.

Bộ Khoa học và Công nghệBộ Khoa học và Công nghệ31/10/2025

Hoàn thiện hành lang pháp lý cho chuyển đổi số quốc gia- Ảnh 1.

The National Assembly listened to Minister of Science and Technology Nguyen Manh Hung present the Report on the draft Law on Digital Transformation.

Continuing the 10th Session, on the morning of October 31, 2025, the National Assembly listened to Minister of Science and Technology Nguyen Manh Hung present the Report on the draft Law on Digital Transformation; and listened to Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai present the Report on the examination of this draft law.

According to Minister Nguyen Manh Hung, in recent times, the legal system related to digital transformation has been quite complete with many specialized laws such as: Law on Digital Technology Industry, Law on Data, Law on Electronic Transactions, Law on Telecommunications, Law on Network Information Security... However, the regulations are still localized, lack overall connectivity, and have not comprehensively regulated the activities of the national digital transformation process.

After nearly 20 years of implementation, the 2006 Law on Information Technology has revealed many limitations, unable to keep up with the rapid development of new technologies such as artificial intelligence (AI), big data, Internet of Things (IoT), cloud computing, blockchain and modern digital business models.

Hoàn thiện hành lang pháp lý cho chuyển đổi số quốc gia- Ảnh 2.

Minister of Science and Technology Nguyen Manh Hung

At the same time, the current legal system still has many gaps related to digitalization of the real world, infrastructure for digital transformation, digital transformation in agencies of the political system, digital government, digital platform economy, civil rights in cyberspace, or digital culture...

Therefore, the promulgation of the Law on Digital Transformation is necessary to complete a synchronous and comprehensive legal corridor to regulate and promote the national digital transformation process.

Meanwhile, the Law on Information Technology has been reviewed, inheriting reasonable contents and will cease to be effective from the time the Law on Digital Transformation takes effect.

The Digital Transformation Law Project consists of 8 chapters and 79 articles, regulating digital transformation, including: Infrastructure for digital transformation; Digital government and digital transformation of activities of agencies in the political system; digital economy; digital society and measures to ensure digital transformation.

Hoàn thiện hành lang pháp lý cho chuyển đổi số quốc gia- Ảnh 3.

The National Assembly listened to Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai present the Verification Report on the draft Law on Digital Transformation.

On behalf of the review agency, Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai said that the Committee basically agrees with many contents in the draft Laws.

Regarding the name of the draft law: In addition to opinions agreeing with the name of the draft Law as the Law on Digital Transformation (CDS), there are opinions suggesting changing the name to the Law on Information Technology and Digital Transformation or the Law on Development and Application of Digital Technology, because the content of the draft Law is built and developed based on the provisions on information technology application of the Law on Information Technology.

Regarding the scope of regulation of the Law (Article 1): According to the Submission, the scope of regulation of the draft Law is "digital transformation, including: infrastructure for digital transformation; digital transformation of agencies in the political system and digital government, digital economy; digital society and measures to ensure digital transformation."

Chairman of the Committee on Science, Technology and Environment Nguyen Thanh Hai also said that the Committee recognized that the content of some of the above contents is being adjusted in a number of other laws and resolutions such as the Law on Personal Data Protection, the Law on Digital Technology Industry, the Law on Data, the Law on Electronic Transactions, the Law on Identification, Resolution No. 193/2025/QH 15, etc. Therefore, to ensure consistency, uniformity and especially feasibility after the Law is promulgated, it is recommended to clarify the relationship of the Law with the above Laws, thereby clearly defining the scope of regulation to avoid duplication and overlap with other laws.

Regarding the State's policy on digital transformation (Article 4): The drafting agency has designed many outstanding policies to promote digital transformation. However, for digital transformation projects and tasks using the state budget, it is recommended to consider adding a group of preferential policies and special support on investment, procurement and financial management to ensure flexibility and efficiency.

Regarding prohibited acts (Article 5): The Committee on Science, Technology and Environment basically agrees with the provisions on prohibited acts in the draft law. However, to cover and be consistent with the current situation, the Committee proposes to add provisions on emerging high-tech crimes such as using artificial intelligence (AI) or other digital technologies to create fake content or cause division and discrimination in cyberspace.

Regarding infrastructure for digital transformation (Article 10): The Committee on Science, Technology and Environment recommends that the drafting agency clarify the relationship between the artificial intelligence system data center in the draft Law and the digital technology industry infrastructure stipulated in the Law on Digital Technology Industry to ensure consistency in application.

The draft law stipulates that investment projects in developing infrastructure for digital transformation will enjoy incentives. It is recommended that the drafting agency review relevant regulations in the Investment Law being submitted to the National Assembly for consideration and approval at the session to ensure consistency and unity between draft laws on the list of industries and areas with investment incentives, etc.

Regarding digital transformation in the political system and digital government (Chapter III): The Committee on Science, Technology and Environment proposes to supplement general and principled regulations to comprehensively regulate digital transformation activities in the political system, including direction, operation, supervision, inspection, examination and internal management. Specify the digital transformation roadmap in the political system, ensuring smooth service provision without additional procedures causing difficulties for people. Ensure the transformation process is synchronized in terms of infrastructure, technology, human resources and management capacity.

In addition, Article 22 stipulates the Legal Responsibility of State agencies in data exploitation and not being required to resubmit documents. This is a very new regulation demonstrating a high determination in administrative procedure reform. However, to ensure feasibility and consistency, it is necessary to continue reviewing with the provisions of the Law on Cadres and Civil Servants, the Law on Handling of Administrative Violations, etc.

Regarding digital economy (Chapter IV) : The Committee on Science, Technology and Environment proposed to clearly define the scope of "digital economy" in the draft Law with economic fields using digital technology and digital platforms as prescribed in the laws on commerce, e-commerce, consumer rights protection, credit, banking, insurance, etc.

Regarding regulations on digital platforms, the responsibilities of digital platform owners and intermediary digital platforms, the Drafting Agency is requested to continue to carefully and thoroughly review to ensure compliance with the Law on E-Commerce, the Law on Competition, the Law on Electronic Transactions, and the Law on Consumer Rights Protection to ensure that there are no conflicts or overlaps.

Regarding digital society (Chapter V): The Committee on Science, Technology and Environment highly appreciated the fact that the draft Law has institutionalized the provisions on human rights and civil rights in the digital environment in Article 50 of the draft Law. In order for these provisions to be effective in practice, it is recommended to supplement general provisions on procedures and assign the Government to provide detailed regulations to help people easily exercise their rights in the digital environment.

Regarding measures to ensure digital transformation (Chapter VI): Regarding regulations on investment management of products and goods; service leasing; ordering digital transformation tasks (Article 64), the Committee for Science, Technology and Environment proposes to supplement regulations on special procurement mechanisms (in addition to the forms in the Law on Bidding (such as ordering, direct assignment of tasks for products and services of a complex, exclusive, intellectual property or national strategic nature); supplement regulations allowing the application of flexible payment methods (partial or full prepayment) for technology leasing services (such as leasing cloud computing infrastructure, leasing software platforms, etc.) to conform to market practices./.

Center for Science and Technology Communication

Source: https://mst.gov.vn/hoan-thien-hanh-lang-phap-ly-cho-chuyen-doi-so-quoc-gia-197251031213648937.htm


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