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Draft decree on Law on Cyber Security accords with international conventions: Chief of MPS Office

November, 03 2018
MPS - The requirements of data storage and establishment of representative office in Vietnam regulated in the draft decree to clarify some articles of the Law on Cyber Security are rational, emphasized Major General Luong Tam Quang, Director of the Office of the Ministry of Public Security (MPS) at a monthly press conference of the Government held on November 3.

 

Major General Luong Tam Quang speaks at the event.


Major General Quang also highlighted four main reasons, as follows:

First, laws of 18 countries in the world, namely the United States, Canada, the Russian Federation, Germany, China, Indonesia, Greece, Bulgaria, Denmark, Finland, Sweden, Turkey, Venezuela, Colombia, Argentina and Brazil, require foreign internet-based services firms to store their important data within the host countries.

The Personal Data Protection Regulations of the European Union came into force on May 25, 2018, allowing its citizens to control their personal data when participating in forums or social networks, as well as to look up, change or delete their personal information. At the same time, foreign internet-based service providers must clarify their uses of personal information about their clients and commit not to provide the information to a third party. If they break the rules, they can be subjected to a fine of up to EUR 20 million or 4% of their global sales.

Second, these regulations are within the ability of businesses. For instance, Google and Facebook have respectively set some 70 and 80 representative offices across the world. In the Southeast Asia, Google and Facebook have their representative offices in Singapore, Malaysia and Indonesia.

Third, the regulations are in line with the domestic laws, including the 2005 Law on Commerce, the 2017 Law on Foreign Trade Management and other legal documents stipulating that foreign trade promotion organizations must set up representative offices in Vietnam. Businesses providing cross-border cyber services such as Facebook and Google, which are considered profitable businesses in Vietnam, are eligible to these legal documents. The draft Law on Tax Administration (revised) by the Ministry of Finance also requests foreign cyber service providers (such as Google, Facebook) to open representative offices in Vietnam.

Fourth, these regulations are not contrary to Vietnam’s international commitments, including related provisions of WTO and CPTPP. In particular, the 1994 General Agreement on Tariffs and Trade (GATT 1994), the General Agreement on Trade in Services (GATS), the Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) all have regulations to respect and honor national security of member countries in any commercial activities articulated in these agreements.

Therefore, it can be said that the draft decree guiding the enforcement of some articles of the Law on Cyber Security does not run against the international agreements and conventions that Vietnam is member to.

The MPS has been responsible for drafting the above-mentioned decree and has posted it on the MPS Portal. Major General Luong Tam Quang called on agencies, organizations and people to actively contribute constructive opinions to it so the MPS can absorb good ideas, then complete and submit it to the Prime Minister for promulgation. 

 

By Minh Thao
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