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Vietnam has just come up with a new version of the draft Telecoms Law as initially assessed by the country’s “General Counsel” – the Ministry of Justice (“MOJ“).

By way of background, after the public consultation round, the Ministry of Information and Communications (“MIC“) revised the draft Telecoms Law and sent the revised version to the MOJ for appraisal.

Compared to the previous version, the Vietnamese lawmakers made the following notable changes in the new version:

  • A new concept called “Internet application service in telecommunications” is introduced to cover all services that provide the functions to send, transmit, receive, and process information between telecommunications service users via the Internet. This concept replaces the concept of “communication service not utilizing telecommunications number storage” (which OTT communication services would likely fall into). The provider of “Internet application service in telecommunications” will also bear obligations different from those of the old concept.
  • There are significant updates on the obligations and requirements for the providers of data center services and cloud-computing services. The lawmakers also assign the Government to be in charge of providing clarifications and guidance to such obligations and requirements (in future decrees following the issuance of the draft Telecoms Law).
  • The draft Telecoms Law would expectedly be passed in late 2023 and take effect on 1 July 2024.
Author

Hung Tran is the managing partner of BMVN International LLC (strategic alliance of Baker McKenzie Vietnam) and the chair of the Commercial, Data, IPTech and Trade Practice of Baker McKenzie Asia Pacific offices. For years, he has been constantly ranked as a leading IP, TMT, and Data Protection lawyer by numerous researchers such as Chambers Global, Chambers Asia, Legal 500 Asia Pacific. He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc. He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.