On the afternoon of November 7, under the direction of Vice Chairman of the National Assembly Tran Quang Phuong, the National Assembly discussed in the Hall the draft Law on Cyber Security.
International cooperation in combating and preventing cybercrime
Discussing the draft Law on Cyber Security, National Assembly Deputy Thach Phuoc Binh (Vinh Long) said that the draft Law mainly regulates activities to protect national security in cyberspace, and does not cover the criminalization of cybercrimes, while the Hanoi Convention details nine basic groups of crimes, including high-tech crimes, data breaches, child abuse, and the use of virtual currency for criminal purposes.
Delegate Thach Phuoc Binh proposed adding a new Chapter: "Cybercrimes and criminalization of cyber security violations" to clearly identify groups of criminal acts, consistent with the provisions of the Hanoi Convention and ensuring connectivity with the Penal Code.
Article 22 of the Hanoi Convention requires countries to establish multi-level jurisdiction (based on territory, nationality, place of consequence, or conduct performed in part abroad). However, the delegate pointed out that the current draft Law only stipulates the common responsibility of the Ministry of Public Security and the Ministry of National Defense, but does not have a mechanism for cross-border investigation, electronic judicial commission or electronic extradition.
Based on the above reality, delegate Thach Phuoc Binh proposed to amend Articles 15 and 22 of the draft Law in the direction of: supplementing a joint investigation mechanism and electronic judicial assistance; clearly defining the authority of the specialized cyber security force when coordinating internationally; allowing the retrieval and confiscation of assets obtained from crimes according to international treaties of which Vietnam is a member.
Also related to Chapter V, the Hanoi Convention establishes a 24/7 contact network between member states, allowing for data exchange, joint investigations, extradition, transfer of convicted persons, and asset recovery.
The delegate said that the draft Law on Cyber Security only focuses on general cooperation principles, without any corresponding procedures, focal points and legal mechanisms. Therefore, it is necessary to add a Chapter on “International cooperation in the fight against cybercrime”.
Accordingly, the national focal point is the Ministry of Public Security (specifically the Department of Cyber Security and High-Tech Crime Prevention - A05) responsible for coordinating the 24/7 network; establishing the Center for International Cooperation on Cybercrime, which is a permanent unit supporting the investigation, handling, extradition and recovery of digital assets; supplementing articles and clauses on recognizing electronic evidence and digital data provided by foreign countries, in accordance with international standards...
“The Hanoi Convention 2025 is a global legal milestone in cyber security governance, reflecting the trend of linking security, development and human rights. Internalizing the core provisions of the Convention into the Law not only helps ensure international compatibility, but also creates the basis for our country to become a regional center for safe, reliable and humane cyberspace governance,” the delegate emphasized.
Additional data security provisions
National Assembly Deputy Le Nhat Thanh (Hanoi) highly appreciated the drafting agency for carefully preparing the draft Law dossier, demonstrating a receptive spirit and efforts to complete the draft Law in the best possible way.
In addition, the delegate also suggested that the draft Law needs to unify the responsibility for state management in the spirit of Resolution No. 18-NQ/TW of the Central Executive Committee, which is a matter that only one agency presides over and is primarily responsible for.
At the Ninth Session, the National Assembly passed the Law on Personal Data Protection. However, in addition to personal data, there are also organizational data, system data, data in the transmission process, technology infrastructure, and data on user privacy. With such diverse attributes, when data is illegally appropriated or used, the consequences can directly affect national security, social order, and even cause disasters.
"With the remarkable development of science and technology along with the unique characteristics of data, data security has become an inseparable part of network security. Ensuring data security is a very important, indispensable factor and a consistent requirement in the process of national digital transformation and building a digital ecosystem in Vietnam today and in the future. Therefore, adding regulations on data security in the draft Law is very necessary," the delegate emphasized.
Delegate Le Nhat Thanh also proposed to study related Law projects considered at this Session such as the Law on Protection of State Secrets (amended), the Law on Digital Transformation, the Law on Artificial Intelligence, the Law on High Technology... to ensure unity, synchronization and concretization of Resolution No. 57-NQ/TW of the Politburo on breakthroughs in science and technology development, innovation and national digital transformation.
Source: https://daibieunhandan.vn/noi-luat-hoa-cong-uoc-ha-noi-dua-viet-nam-thanh-trung-tam-khu-vuc-quan-tri-khong-giant-mang-an-toan-nhan-van-10394877.html
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