14 JUNE 2018
The Ministry of Information and Communications (‘MIC’) announced, on 12 June 2018, that the National Assembly had approved a law on cybersecurity (‘the Law’), which aims to protect national security. There is currently no publicly available version of the Law, however, the previous versions of the Law included obligations on companies that provide telecommunication and internet services to users in Vietnam, to establish local headquarters as well as to comply with data localisation obligations.
In particular, under the latest draft version of the Law, the data localisation requirement obliged companies that collect, use, analyse or process personal information of users in Vietnam to archive personal information of service users and important data related to national security in Vietnam. According to the MIC, the Chairman of the National Defence and Security Committee, Võ Trọng Việt, highlighted in a report that the latest draft was in accordance with Vietnam’s multinational trade treaties, including the agreements of the World Trade Organization and the Trans-Pacific Partnership. Việt did note that, as derogations on the grounds of national security apply, Vietnam had the right to require companies to set up local data centres for the purposes of cybersecurity.
The Draft was debated by the National Assembly and later approved by 423 of the 466 Members of Parliament and will come into effect on 1 January 2019.
CLAUDIA STRUGNELL Privacy Analyst