Perfecting the law to fill the legal gap in digital transformation

On the morning of October 16, continuing the meeting program, the National Assembly Standing Committee gave opinions on the draft Law on Digital Transformation.

Presenting the basic content of the draft Law, Permanent Deputy Minister of Science and Technology Vu Hai Quan emphasized that the Party and State's policy on digital transformation has been consistently established and clearly demonstrated in guiding documents at the highest level.

The purpose of the Law is to perfect the legal system, create an inter-sectoral legal system on digital transformation in industries and fields; regulate the relationship between entities participating in activities in the digital environment; promote the comprehensive digital transformation process; strengthen international cooperation and integration.

Deputy Minister of Science and Technology Vu Hai Quan speaks. (Photo: Doan Tan/VNA)

According to Deputy Minister Vu Hai Quan, the Law is expected to consist of 8 chapters with 79 articles, providing general regulations on digital transformation, including infrastructure for digital transformation; digital transformation of operations of agencies in the political system and digital government; digital economy, digital society and measures to ensure digital transformation.

“This law is a framework law, inheriting and developing current regulations that are still suitable for information technology, connecting current laws, and at the same time filling legal gaps to form a synchronous and comprehensive legal corridor to regulate and promote the national digital transformation process,” said Mr. Vu Hai Quan.

In a summary report on the review of the Digital Transformation Law project, Deputy Chairman of the Committee for Science, Technology and Environment Nguyen Phuong Tuan said that the Committee agreed with the necessity of promulgating the Law with the Government's proposals.

The dossier of the draft Law submitted according to the shortened procedures is eligible for consideration by the National Assembly Standing Committee before being submitted to the National Assembly at the 10th Session.

However, the drafting agency needs to continue to review and compare with related laws such as investment, bidding, state budget and closely coordinate with the drafting agencies of the draft laws submitted at the 10th Session such as the Law on E-commerce, the Law on High Technology (amended), the Law on amending and supplementing a number of articles of the Law on Intellectual Property, the Law on Cyber Security... to ensure consistency in the legal system.

Along with that, clearly define the position and role of the Law on Digital Transformation in the legal system, clarify the relationship with laws directly related to digital transformation activities such as the Law on Electronic Transactions, the Law on Identification, the Law on Data, Resolution No. 193/2025/QH15, the Law on Digital Technology Industry, the Law on Personal Data Protection, thereby clearly defining the scope of regulation, specific management objectives, ensuring no overlap or duplication.

Informing that the Investment Law is also being proposed for amendment, presented at the 10th Session, Deputy Chairman Nguyen Phuong Tuan suggested reviewing relevant regulations in the Investment Law, ensuring consistency and unity among draft laws.

Vice Chairman of the National Assembly Le Minh Hoan speaks. (Photo: Doan Tan/VNA)

Regarding the regulation that Online Public Services are designed and provided according to people's life events and business life cycles, the Committee on Science, Technology and Environment believes that administrative procedures have clear order, methods and authorities, ensuring equal rights of subjects under the law.

“Regulations like those in the draft Law can lead to arbitrariness and inconsistency in the implementation of administrative procedures between different agencies in the State administrative apparatus,” Deputy Head Nguyen Phuong Tuan emphasized.

The Committee also proposed to clearly define the scope of the "digital economy" regulated in the draft with economic sectors using digital technology and digital platforms as prescribed in the laws on commerce, e-commerce, consumer rights protection, credit, banking, and insurance; and at the same time review the draft Law on E-commerce on digital platforms and the responsibilities of owners and users of digital platforms in the digital economy.

Regarding investment management of products and goods; service rental; and ordering of tasks serving digital transformation, the Committee proposes to study and supplement specific procurement mechanisms in addition to the forms in the Bidding Law such as ordering and assigning tasks directly for high-tech products and services that are complex, exclusive, intellectual property or of national strategic nature.

The Commission also proposed to supplement regulations allowing the application of flexible payment methods, including partial or full prepayment, for technology rental services such as cloud computing infrastructure rental and software platform rental to conform to market practices.

Vice Chairwoman of the National Assembly Nguyen Thi Thanh speaks. (Photo: Doan Tan/VNA)

Commenting at the meeting, Vice Chairwoman of the National Assembly Nguyen Thi Thanh said that the draft Law has shown the spirit of inheriting the reasonable contents of the Law on Information Technology; at the same time, adding new regulations in line with modern technology trends such as: artificial intelligence, big data, internet of things, blockchain and digital copies.

The drafting agency also consulted the digital government framework along with international laws of the EU, Japan, Korea, etc., thereby helping the draft Law approach advanced standards, creating a legal foundation, promoting comprehensive digital transformation with the spirit of taking people and businesses as the center, towards a sustainable digital economy and digital society.

Concluding this content, Vice Chairman of the National Assembly Le Minh Hoan stated that the National Assembly Standing Committee proposed that the Government direct, conduct additional research, continue to thoroughly grasp and review, and fully institutionalize the policies, guidelines, resolutions, and conclusions of the Party Central Committee and the Politburo to remove bottlenecks, promote development, and create breakthroughs in digital transformation.

Carefully review regulations related to digital transformation in the system of legal documents, do not re-regulate or refer to previous legal documents to avoid conflicts, overlaps or increase legal compliance costs...

The Vice Chairman of the National Assembly assigned the Standing Committee of the Science, Technology and Environment Committee to complete the verification report to be submitted to the National Assembly at the 10th Session. Also this morning, the National Assembly Standing Committee gave opinions on the draft Law on High Technology (amended); the draft Law on amending and supplementing a number of articles of the Law on Public Debt Management./.

(TTXVN/Vietnam+)

Source: https://www.vietnamplus.vn/hoan-thien-phap-luat-de-lap-khoang-trong-phap-ly-ve-chuyen-doi-so-post1070684.vnp