Minister of Public Security Luong Tam Quang stated that the draft law, developed by the Government, consists of 7 chapters and 67 articles, regulating the construction, development, processing, governance, and management of data...
Continuing the agenda of the 8th Session, on the afternoon of October 22nd, the National Assembly heard the presentation and verification report on the draft Law on Data. This is an important draft law to ensure the national digital transformation, serve state management, both exploit and apply data in socio-economic development, and tighten control over personal and non-personal data, ensuring information security and safety.
Presenting the report at the session, Minister of Public Security Luong Tam Quang stated that the draft law, developed by the Government, consists of 7 chapters and 67 articles, regulating the construction, development, processing, governance, and management of data; the application of science and technology in data processing; the data development fund; the national comprehensive database; the national data center; and data-related products and services.
The draft law is based on the principle of thoroughly understanding and concretizing the Party's views, policies, and guidelines on building and perfecting the legal system regarding data; aligning with the process of integration, expanding international exchange and cooperation; serving the cause of economic, cultural, and social development, ensuring national defense, security, and social order. At the same time, it ensures compliance with the Party and State's policy on national digital transformation, contributing to the building of e-government, digital government, and digital society.
The drafting of this law is based on a review of practical experiences over the past years; addressing existing shortcomings, inadequacies, and limitations; ensuring the unified, synchronized, and effective use of information in databases to serve state management and socio-economic development, contributing to crime prevention and combating individuals who violate the law. Simultaneously, it aims to create a complete legal basis for the exploitation and operation of the national integrated database and the development of the national data center; ensuring consistency and uniformity within the legal system. It also selectively references data management laws from several countries, adapted to the practical conditions of Vietnam.
The law regulates the construction, development, processing, and management of data; the application of science and technology in data processing; the national comprehensive database; the national data center; data products and services; state management of data; and the responsibilities of agencies, organizations, and individuals involved in data-related activities. The law applies to agencies, organizations, and individuals involved in data-related activities in Vietnam.
In the report reviewing the draft Data Law, the Chairman of the National Defense and Security Committee, Le Tan Toi, stated that the Committee basically agrees on the necessity of enacting the Data Law based on the political, legal, and practical grounds outlined in the Government's submission. The draft law dossier meets the requirements stipulated in the Law on the Promulgation of Legal Documents and is ready to be submitted to the National Assembly for discussion and comments.
The National Defense and Security Committee suggested that the drafting agency consider adding some specific provisions on the national data strategy to the draft Law to facilitate its implementation.
Regarding the National Data Development Fund, the National Defense and Security Committee generally agreed that the National Data Development Fund is a non-budgetary state financial fund, established at the central level to mobilize social resources to support the construction and development of national data; at the same time, it requested clarification on the financial sources forming the Fund; and clear regulations on activities funded from the state budget and activities funded from the Fund, ensuring clarity and transparency.
The National Defense and Security Committee also requested clarification on the resources ensuring the collection, updating, and synchronization of data into the National Comprehensive Database; and consideration of adding regulations allowing other organizations and individuals to freely access these databases based on contributions and data provision, in order to encourage entities to provide and share data to create a rich and comprehensive data source.
Regarding the National Data Center, the National Defense and Security Committee proposed a review and clarification of the organizational model, functions, rights, and obligations of the Center; clarification of the progress and effectiveness of the National Data Center's construction; and additional reports clarifying response and resolution plans for potential issues to avoid risks of information leaks and security breaches. Regarding data-related products and services, the data market, and data exchanges, the National Defense and Security Committee generally agreed with the regulations on data-related products and services, the data market, and data exchanges in the draft Law.
However, these provisions are currently governed by several related laws, including the Law on Electronic Transactions, the Law on Cybersecurity, the Law on Network Information Security, the Law on Telecommunications, and especially the draft Law on Digital Technology Industry. Therefore, it is suggested that the relationship between the provisions of this draft Law and the provisions of existing laws and the draft Law on Digital Technology Industry be considered and clarified to define the scope of regulation appropriately and avoid overlap.
"This is a new and specialized field. To ensure strict management and security, a pilot program for a data exchange platform should be considered. Therefore, for the time being, it is not necessary to include overly detailed regulations in this law. Instead, the Government should be tasked with organizing the pilot implementation and reporting to the National Assembly," the National Defense and Security Committee proposed.
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