The draft Law on Cyber Security is being discussed and commented on by National Assembly deputies, and is expected to be passed at the end of the 10th session of the 15th National Assembly. Speaking at the recent discussion, many deputies said that the draft Law has great significance in ensuring national security and sovereignty in cyberspace and enhancing transparency and information security in the digital age.
In particular, reforming the draft Law on Cyber Security in line with the approach of the Hanoi Convention 2025 is a necessary step to affirm our country's pioneering role in multilateral legal cooperation of the United Nations, protecting national data sovereignty and building a safe and transparent digital environment for people and sustainable development. The Hanoi Convention 2025 is a global legal milestone in cybersecurity governance, reflecting the trend of linking development security and human rights. Internalizing the core provisions of the Convention into the Law on Cyber Security (amended) this time will create the basis for our country to become a regional center for the governance of a safe and trustworthy cyberspace for the people.
Clearly define the authority of the specialized cyber security force
According to delegate Thach Phuoc Binh - National Assembly Delegation of Vinh Long province, the United Nations Convention against Cybercrime, Hanoi Convention 2025 was adopted by the United Nations General Assembly on December 24, 2024 and opened for signing in Hanoi from October 25 and 26, 2025. This is the first comprehensive multilateral and global international document specializing in cybercrime and international legal cooperation in the field of cyber security. The fact that our country hosted the signing ceremony has affirmed the country's position, prestige and international integration capacity as well as its proactive role in creating a global cyber security legal framework. Thereby, ensuring compatibility with international legal standards on preventing and combating cybercrime, ensuring national sovereignty and security in cyberspace. At the same time, respecting human rights and data privacy; strengthening international cooperation and improving law enforcement capacity on cybercrime.
However, according to delegate Thach Phuoc Binh, the draft Law on Cyber Security currently mainly regulates activities to protect national security in cyberspace, and does not cover the criminalization of cybercrimes, while the Hanoi Convention specifies basic groups of crimes including: high-tech crimes, data breaches, child abuse and the use of virtual currency for criminal purposes. Therefore, the delegate proposed adding a new chapter in the draft law on cybercrimes and criminalizing cyber security violations to clearly identify groups of criminal acts consistent with the provisions of the Hanoi Convention 2025 and ensure connectivity with the Penal Code.
Regarding the authority and mechanism of investigation, prosecution and trial, the delegate stated: Article 22 of the Hanoi Convention requires countries to establish multi-level authority, that is, according to territory, nationality, place of causing consequences or acts performed partly abroad. The draft Law on Cyber Security currently only stipulates the general 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.
Therefore, delegates proposed to supplement the mechanism of joint investigation and electronic judicial assistance; clearly define the authority of the specialized cyber security force when coordinating internationally. At the same time, allow the retrieval and confiscation of assets obtained from crimes according to international treaties of which Vietnam is a member.
Establishing a center for international cooperation coordination on cybercrime
Regarding the provisions on international cooperation and judicial assistance, delegate Thach Phuoc Binh said: Chapter V of the Hanoi Convention 2025 establishes a 24/7 contact network between member countries, allowing for the exchange of common investigation data, extradition, transfer of convicted persons, and recovery of assets. However, the draft Law on Cyber Security only stops at the general cooperation principles in Article 8 without any corresponding procedures, focal points, and legal mechanisms.
On that basis, delegates proposed adding a new chapter on international cooperation in the fight against cybercrime, stipulating: the national focal point is the Ministry of Public Security, specifically the Department of Cyber Security and High-Tech Crime Prevention and Control A05, responsible for coordinating the 24/7 network; establishing a center for international cooperation coordination on cybercrime - a permanent unit supporting investigation, extradition handling and recovery of digital assets; adding provisions on recognizing electronic evidence and digital data provided by foreign countries in accordance with international standards.
Commenting on prevention measures and technical support, delegates pointed out: Chapter VI and Chapter VII of the Hanoi Convention 2025 emphasize cybercrime prevention through public-private cooperation, awareness raising, training, technical and financial support from the United Nations Office on Drugs and Crime (UNODC). However, the draft Law on Cybersecurity currently lacks a coordination mechanism between state agencies and enterprises, and lacks regulations on training and international support.
Therefore, delegates proposed adding a new chapter on cybercrime prevention and human resource development, which stipulates: corporate responsibility in ensuring digital product safety, protecting children and users in cyberspace; public-private partnership mechanism (PPP) on sharing cybersecurity information, early warning, and incident response; allowing Vietnam to participate in the UNODC Technical Assistance and Training Fund; integrating programs to enhance digital transformation capacity, technology transfer, digital training, and electronic forensics.
Regarding the mechanism for monitoring and evaluating implementation, according to the delegate of Chapter VIII, the Hanoi Convention stipulates the establishment of a National Conference, whose members are responsible for periodically assessing the implementation of the convention, promoting transparency and sharing experiences. From there, the delegate proposed adding a provision stipulating: The Government shall periodically report to the National Assembly every two years on the national cybersecurity situation, the implementation of international treaties on preventing and combating cybercrime and the results of international cooperation, and strengthen the supervisory role of the National Assembly's Committee on National Defense, Security and Foreign Affairs in inspecting and implementing relevant international commitments.
Proposal to build a specialized force to protect network security
Commenting on the cyber security force, many delegates said that the cyber security force plays a very important role in protecting cyber security, especially the specialized force. This specialized force plays a key role in ensuring national security sovereignty, information stability and social stability in the digital age.
Therefore, it is very necessary to build a professional, modern force for cyber security protection, associated with high-quality human resources and advanced technology. Delegate To Van Tam - National Assembly Delegation of Quang Ngai province said: Article 42 of the draft Law stipulates in Clause 1 that "the specialized force for cyber security protection is arranged at the Ministry of Public Security and the Ministry of National Defense". Agreeing with this provision, the delegate suggested that it is necessary to study and supplement regulations on functions, tasks of specialized training in technology, equipment and on reasonable regimes and policies, as a basis for building a specialized force at the Ministry of Public Security and the Ministry of National Defense, professional, modern to effectively prevent and combat cyberspace.
Proposal to supplement regulations on data security
Regarding the regulations on the authority of the specialized force for cyber security protection, delegate Le Nhat Thanh - National Assembly Delegation of Hanoi proposed to review and adjust in the direction of assigning the specialized force for cyber security protection of the Ministry of Public Security to be responsible for ensuring cyber security nationwide. Other forces and agencies, according to their functions and tasks, are responsible for coordinating with the specialized force for cyber security protection of the Ministry of Public Security to carry out cyber security protection work.
In addition, the delegate also said that at the 9th session, the National Assembly passed the Law on Personal Data Protection. However, in addition to personal data, data also includes organizational data, system data, data in the process of transmitting technology infrastructure and data on user privacy. With such diverse attributes, when data is illegally appropriated, used, exploited or destroyed, the consequences will be dangerous, possibly directly affecting national security and social order and safety. Along with the unique characteristics of data, data security has become an inseparable part of cybersecurity. Ensuring data security is an extremely important, indispensable factor and a requirement throughout 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.
However, the delegate suggested that the Drafting Committee study related Law projects that were also considered and approved by the National Assembly at this session, such as the draft Law on Protection of State Secrets (amended), the Law on Digital Transformation, the Law on Artificial Intelligence, and the Law on High Technology to revise, complete, and ensure the concretization of Resolution No. 57 of the Politburo on breakthroughs in science and technology development, innovation, and national digital transformation.
Source: https://nhandan.vn/thuc-day-hop-tac-quoc-te-trong-phong-chong-toi-pham-mang-post926301.html
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