Legal framework for artificial intelligence

Artificial intelligence (AI) is being seen as a driving force for economic development in Vietnam. However, alongside the advantages that AI brings are social and legal challenges.

Vietnam is currently at a golden age for AI development, but there is still much work to be done to apply AI effectively. Photo: MH

According to the Government's proposal, the development of the digital technology industry, with a focus on Vietnamese digital technology enterprises, will gradually shift from assembly and processing to innovation, design, integration, production, and mastery of core technologies in Vietnam; contributing to building a digital government and driving the development of the digital economy and society. AI is one of the most crucial digital technologies. Therefore, the draft Law on the Digital Technology Industry stipulates the principles for managing and developing AI.

AI that serves human prosperity and well-being must ensure transparency and accountability, fairness and non-discrimination, respect for ethical values ​​and human well-being, protection of privacy, inclusive access, security and privacy, controllability, risk-based management, responsible innovation, and encouragement of international cooperation.

However, how to leverage the strengths of AI while also mitigating its negative impacts is a matter of concern that requires analysis to develop effective management methods. This is also a question receiving widespread societal attention today, in the context of the rapid development of the Fourth Industrial Revolution.

Regarding this issue, the National Assembly's Committee on Science , Technology and Environment assessed that the regulations as drafted in the Law are fundamentally reasonable. However, some opinions suggest that a comprehensive study is needed to address issues of ownership and property rights and personal rights related to data; and the issue of respecting copyright in order to develop a separate law on AI in Vietnam.

Mr. Le Quang Huy, Chairman of the National Assembly's Committee on Science, Technology, and Environment, believes that at this time, Vietnam needs a legal framework to regulate AI in order to develop its strengths and advantages while limiting adverse impacts on research, application, and development of AI technology. He also proposed researching and supplementing regulations to mitigate the risks and impacts of AI technology on economic and social life, such as ethical principles; research and development of AI created in Vietnam; allowing businesses with artificial intelligence research projects to use data from state agencies; and regulating the level of AI application in state agencies using solutions developed by domestic businesses to encourage use and create a market.

National Assembly Deputy Vu Thi Lien Huong (Quang Ngai delegation) expressed the view that it is necessary to add specific prohibited acts regarding intellectual property in the development, provision, and use of AI systems, in the direction of "prohibiting the use of products protected by intellectual property rights without permission, and prohibiting the use of biometric identification images and personal voices without permission."

National Assembly Deputy Sung A Lenh (Lao Cai Delegation) also expressed concern about risk management for AI systems as stipulated in Clauses 1 and 2 of Article 65. According to Clause 1 of the draft Law, "AI systems capable of causing risks and harm to the health, safety, rights, and legitimate interests of organizations and individuals are high-risk AI systems, except as stipulated in Clause 3 of this Article." Clause 2 of the draft Law stipulates that "AI systems with high impact potential are AI systems with a large scope of impact, a large number of users, and a large amount of accumulated computation used for training." However, Mr. Lenh assessed that the provisions in Clauses 1 and 2 do not clearly define the risks and harm to the health, safety, rights, and legitimate interests of organizations and individuals. At the same time, no specific limits have been given regarding the scope of impact, the number of users, and the amount of computational data required for training.

“The regulations in the draft Law are unclear and inconsistent with the AI ​​management standards currently applied worldwide, easily leading to difficulties in implementation. Therefore, it is necessary to clearly define the criteria for high-risk AI systems and AI systems with the potential for high impact; or to limit the scope of high-risk AI systems to certain advanced and sophisticated AI systems that could cause significant impact. Furthermore, the draft Law does not include provisions allowing AI system providers and implementers the right to refuse unreasonable or harassing requests to avoid hindering, wasting human resources, and incurring economic costs. Therefore, it is necessary to study and consider the feasibility of imposing system monitoring and supervision obligations on each type of business developing AI systems,” Mr. Lềnh suggested.

Regarding risk management in the application of AI, National Assembly Deputy Nguyen Phuong Tuan (Kien Giang Delegation) stated that, in today's era, alongside the benefits brought by AI, managing the development of this technology is essential.

Citing two approaches to managing AI worldwide – risk-based and authority-based – Mr. Tuan agreed with the approach proposed by the Government in the draft law to manage the risks posed by AI. This means managing the risks associated with AI strictly, but at different levels and degrees. Mr. Tuan also suggested the need to research and develop an ethical framework for the use and conduct of AI.

The draft Law on Digital Technology Industry will be discussed in the National Assembly on November 30th.

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Mr. Le Quang Huy, Chairman of the National Assembly's Committee on Science, Technology, and Environment, believes that at this time, Vietnam needs a legal framework to regulate AI in order to develop its strengths and advantages while limiting adverse impacts in the research, application, and development of AI technology. He also suggested researching and adding regulations to mitigate the risks and impacts of AI technology on economic and social life, such as ethical principles; and regulations on research and development of AI created in Vietnam.

Source: https://daidoanket.vn/khung-phap-ly-cho-tri-tue-nhan-tao-10295163.html