Regarding AI, the National Assembly has enacted the Law on Digital Technology Industry, which includes a chapter regulating AI. This provides an initial, principled legal foundation for the development and application of AI. However, these regulations have not yet formed a comprehensive and sufficiently open legal framework to facilitate the research, development, deployment, and use of AI and a complete AI ecosystem.
Furthermore, we lack mechanisms for classifying and controlling AI system risks; mechanisms for testing, licensing, and monitoring AI systems, especially high-risk AI systems; and mechanisms and policies for developing and attracting high-quality AI human resources. Although Resolution No. 57-NQ/TW clearly states the need to "make data the primary means of production" and "develop the data economy and data market," the collection, processing, sharing, and use of data for training AI models currently face many difficulties. The connection and sharing of data between national and sectoral databases is slow and does not meet the requirements for developing large-scale AI systems.
Significantly, we lack legal accountability when AI causes damage. This legal gap is one of the biggest challenges in addressing the consequences of AI-induced harm. The question is, when an AI system causes damage, such as self-driving cars causing accidents or medical diagnostic software producing incorrect results, who will be held responsible? The developer, the manufacturer, the user, or the AI system itself? Without specific regulations on liability, this poses a significant risk to consumers and businesses using AI.
Furthermore, the rapid development of AI also raises concerns about non-traditional security risks. Deepfake technology is being misused to create misinformation, defame organizations and individuals, and create various forms of fraud. If this situation is not controlled by a sufficiently strict legal framework with strong penalties, it will cause social instability.
To realize the Party and State's view that AI is a cutting-edge breakthrough to enhance national capacity in the digital age, the draft Law on Artificial Intelligence, currently being developed by the Government, adheres to the following overarching principle: the law places humanity at its center, with the supreme principle that AI serves humanity, not replaces it, and that humans supervise AI in crucial decisions; AI must be transparent, accountable, and secure. The Law on Artificial Intelligence manages AI systems based on risk levels, encourages domestic AI development and self-reliance in AI, and uses AI as a driving force for rapid and sustainable growth.
To ensure improved management efficiency and protect user rights, the draft Law stipulates responsibilities for managing and handling AI incidents. Accordingly, organizations and individuals involved in developing, providing, deploying, and using AI systems are responsible for ensuring safety, security, and reliability during the system's operation; proactively detecting, preventing, and promptly resolving incidents that could harm people, property, data, or social order.
When technical malfunctions, deviations in results, or unexpected behavior occur in AI systems, developers and vendors must promptly implement technical measures to rectify the situation, temporarily suspend or recall the potentially harmful system; and notify and coordinate with competent state management agencies for investigation and handling. The implementer and users are obligated to promptly record and report incidents to the vendor and cooperate with relevant parties in the rectification process. They are not allowed to independently interfere with or modify the system without permission. Furthermore, the draft law also stipulates the obligations of vendors and implementers regarding high-risk AI systems…
Vietnam's early enactment of the Artificial Intelligence Law will create a breakthrough for AI, fostering a favorable legal environment to promote innovation, enhance national competitiveness, and affirm the country's position as a nation with technological self-reliance.
Source: https://daibieunhandan.vn/hoan-thien-khung-kho-phap-ly-cho-ai-10390839.html
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