Building a Law on Digital Technology Industry consistent with related specialized laws

Photo caption — A view of the conference.

The delegates unanimously agreed on the urgency of enacting the Law on Digital Technology Industry to institutionalize the Party and State's views on the need to improve legislation. The enactment of the Law on Digital Technology Industry will meet the practical demands of society today, as the digital technology industry will be one of the important driving forces for the development of the digital economy and digital society.

However, delegates argued that the draft law needs to be adjusted, supplemented, and clarified to ensure scientific accuracy, consistency within the legal system, and feasibility when the law is implemented.

Dr. Nguyen Vinh Huy, Vice President of the Ho Chi Minh City Business Association and lecturer at Ho Chi Minh City Open University, believes that the draft law needs to clearly define digital technology , identify the fields belonging to the digital technology industry, and clarify the difference between digital technology and information technology, avoiding overlap with existing laws.

Currently, the concept of "digital technology industry" remains broad and overlaps with other fields such as information technology, telecommunications, and cybersecurity. Therefore, the Law needs to provide a specific definition encompassing areas such as artificial intelligence (AI), big data, blockchain, cloud computing, and the Internet of Things (IoT). Clearly defining the scope of application of the Law will avoid overlaps with existing legal documents and ensure legal consistency.

Regarding this issue, Ms. Thai Thi Tuyet Dung from the Vietnam National University Ho Chi Minh City argued that the concept of "key digital technology products and services" stipulated in Article 15 of the Draft Law is only vaguely defined as "high added value" or "high demand." This could lead to inconsistent interpretations and applications among management agencies, especially since the Ministry of Science and Technology is tasked with issuing the list periodically without specific standards.

Ms. Thai Thi Tuyet Dung suggested adding an appendix or entrusting the Government with issuing a detailed list of this concept, possibly including criteria such as: high contribution to GDP or value added to the economy; significant impact on digital transformation, technological innovation, and socio-economic development; high demand in the domestic market or significant export potential; strategic application of digital technology with important impact on priority industries and sectors…

Meanwhile, concerned about the feasibility of the Law when implemented, Ms. Truong Thi Kim Chi, from Quang Trung Software Park Development Co., Ltd., suggested adding "artificial intelligence systems" to the regulations on the production of digital technology products in Article 13 of the Draft Law, to create more favorable conditions for businesses in their production and business activities without having to explain or prove anything to state agencies, especially in the tax field.

According to Ms. Truong Thi Kim Chi, it is necessary to amend and supplement some concepts and terms related to digital technology into the content of relevant articles and clauses in several other specialized laws such as the Investment Law, the Construction Law, the Urban and Rural Planning Law, and the Corporate Income Tax Law to ensure consistency and uniformity.

Ms. Le Thi Thi, from the State Bank of Vietnam, Regional Branch 2, suggested that, in addition to specific policies, incentives, and support from the State budget for businesses producing strategic digital technology products and other digital technology products as stipulated in the Draft Law, it is also necessary to study and add regulations on the State Bank's partial support for pilot projects; and regulations on profit sharing when projects are successfully implemented.

In addition, it is necessary to supplement regulations and principles for resolving disputes with foreign elements in this field; supplement regulations on the protection of personal data and privacy; and stipulate responsibilities and penalties for organizations and businesses that violate the protection of users' personal data…

The draft Law on Digital Technology Industry comprises 9 chapters and 56 articles regulating the digital technology industry, including the development of the digital technology industry, the development of digital technology enterprises, concentrated digital technology zones, controlled testing mechanisms, the semiconductor industry, artificial intelligence, digital assets, and the rights and responsibilities of relevant organizations and individuals.