Building a creative ecosystem and cultural space in the digital environment

With the viewpoint of taking people and businesses as the center, while creating a synchronous legal corridor for the process of building a digital government, digital society, digital economy, and digital culture, the draft Law on Digital Transformation has been developed and submitted to the National Assembly at the 10th session. Giving opinions on the draft law during the discussion session at Group 1 - Hanoi City National Assembly Delegation, delegates highly appreciated the quality, comprehensiveness, and inheritance of the draft law, and at the same time gave comments on many specific contents to avoid overlaps, duplications, and conflicts with related laws.

According to delegate Ta Dinh Thi, Digital Transformation is a fundamental law according to two major current policies: green transformation and digital transformation with a wide scope of regulation, related to many other laws in the entire legal system, so it is necessary to determine the name, scope, and boundaries between this law and the Data Law or the Law on Electronic Transactions, the Law on Personal Data Protection. In addition, because the subject and scope of regulation is wide, including the entire political system, from Party and State agencies, the Fatherland Front, elected agencies, administrative agencies, organizations... from the Central to local and grassroots levels, the law needs to ensure the consistency of all contents related to infrastructure, hardware, software as well as human resources and especially the governance mechanism.

Regarding regulations on digital platforms, including the issue of responsibility for managing platforms, the draft law is assigning the Ministry of Science and Technology as the focal agency, but many regulations in other laws have responsibilities of many different agencies and ministries, so the draft law needs to clearly stipulate the responsibility for managing platforms and interconnecting connections.

Delegate Ta Dinh Thi, National Assembly Delegation of Hanoi City

Also interested in this content, delegate Le Nhat Thanh said that in the Data Law, the management and supervision of activities of building, developing, protecting, administering, processing and using data, ensuring data security and safety are undertaken by the Ministry of Public Security and is the focal agency responsible to the Government for implementing state management of this activity, except for the scope of management of the Ministry of National Defense. Meanwhile, the digital transformation activities stipulated in the draft law include many different activities, the state management of digital transformation is assigned to the Ministry of Science and Technology as the focal point, thus there is an overlap that is inconsistent with the provisions of the Data Law. The delegate suggested reviewing and clearly defining the responsibilities of chairing and coordinating relevant agencies in digital transformation work to ensure consistency in the legal system.

Delegate Le Nhat Thanh, National Assembly Delegation of Hanoi City

Appreciating the efforts of the drafting agency in building a new law project with a wide scope, complexity, and national strategic shaping, delegate Do Duc Hong Ha gave comments to ensure the consistency, feasibility, and transparency of the legal system.

In particular, regarding the specificity and feasibility of prohibited acts, in Clause 4, Article 5, some prohibitions are still general, making it difficult to apply and enforce the law, such as "acts of illegally obstructing or preventing the digital transformation process", what is "obstructing", what is "preventing", what is "digital transformation process" are all very difficult to determine.

The delegate gave an example: If a government official does not proactively exploit data but requires people to submit documents, is that considered an obstruction? Or if a business is slow to update technology, is that considered an obstruction? This lack of clarity will make the regulation unfeasible, easily abused in application, and it will be very difficult for the judiciary to determine the elements that constitute a violation. Therefore, the delegate proposed to remove this regulation or to prescribe specific behavior.

Delegate Do Duc Hong Ha, National Assembly Delegation of Hanoi City

Delegate Do Duc Hong Ha also warned of the risk of breaking the unity of the legal system and violating the principle of applying specialized laws when the draft stipulates in Clause 3, Article 78 that "in case there are different provisions on the same issue between this law and another law or resolution of the National Assembly, the provisions of this law shall apply".

According to the delegate, this is a comprehensive conflict of laws provision, automatically placing the Law on Digital Transformation, a framework law, a general law, above all other specialized laws such as the Law on Competition, the Law on Consumer Protection, the Law on Cyber ​​Security, the Law on Electronic Transactions, the Law on Press... Therefore, the delegate proposed to remove this provision. The handling of conflicts of laws, if any, must comply with the general principles of the Law on Promulgation of Legal Documents.

Delegate Bui Hoai Son highly appreciated Article 33 regulating the development of digital culture and digital cultural industry and said that this is a big step forward demonstrating the spirit of considering culture as the foundation, the endogenous strength and the regulatory system for sustainable development. However, the delegate suggested adding clearly the connotation of digital culture not only including the digitization of artistic heritage and cultural data but also including the construction of a creative ecosystem and cultural space in the digital environment, where citizens can create, share and consume cultural products safely and in a oriented manner.

Delegate Bui Hoai Son, National Assembly Delegation of Hanoi City

In addition, it is necessary to emphasize the role of the State in leading cultural standards and protecting national cultural identity in the digital environment; supplementing public-private partnership mechanisms in building digital cultural platforms and infrastructure. The State should encourage technology and creative enterprises to invest in cultural data warehouses, shared digital platforms and interactive applications on heritage to turn heritage into a development resource, not just an object of preservation. It is necessary to include digital cultural education in the content of digital human resource training, aiming to form digital citizens who are cultured, responsible, have aesthetic and ethical capacity in cyberspace; clarify the responsibilities between the Ministry of Culture, Sports and Tourism and the Ministry of Science and Technology in implementing digital culture./.

Source: https://bvhttdl.gov.vn/xay-dung-he-sinh-thai-sang-tao-va-khong-gian-van-hoa-tren-moi-truong-so-20251108213926388.htm