Decree 53/2022 - Further guidance on data localisation in Vietnam

Introduction

In August 2022, the Government issued Decree 53/2022 providing, among other things, further guidance on data localization requirements in Vietnam. Article 26.3 of the Law on Cyber Security 2018 (LCS 2018) provides for a general data localization requirement. However, due to the lack of implementing regulations, such provision is not enforced in practice for several years. The new guidance under Decree 53/2022 will likely make the law enforceable in practice from 1 October 2022. In this post, we discuss some salient points of the data localization requirements under Decree 53/2022. This post is written by Trinh Phuong Thao and edited by Nguyen Quang Vu.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

Legal Framework On E-Learning Businesses In Vietnam

The recent years have witnessed a rapid growth of the e-learning market in Vietnam, especially since the Covid-19 outbreak. Despite that, a clear legal framework for e-learning business under Vietnamese laws is still unavailable. This post will discuss some legal issues concerning the provision of e-learning services.

Mode of delivery

In general, e-learning business could be provided to students via two main modes:

  • Non-interactive mode, where students will pay to have access to learning materials prepared by the service providers (e.g., pre-recorded lectures, books, etc.), and there is no live interaction between students and teachers. The students are expected to self-study the materials provided by the service provider; and

  • Interactive mode, where in addition to access to study materials, students will pay to attend online classes held by teachers, and there is live interaction between students and teachers.

    During the Covid-19 pandemic, e-learning via interactive mode has grown substantially and become a favorite choice for students and their parents. However, the legal framework regulating e-learning via interactive remains undeveloped as the laws only regulate education services via traditional methods.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In ,

DRAFT REGULATIONS ON INFORMATION DATA CENTER SERVICE

The Government is drafting a Decree to amend some articles of Decree 72/2013 on administrating, providing and using Internet services and online information (Draft Decree). The Draft Decree proposes several major changes of Decree 72, one of which is the expansion of the governing scope of Decree 72 to cover the service of information data center (dịch vụ trung tâm dữ liệu). Previously, there is no set of regulations governing this service.

Various new provisions on information data center service are included in the Draft Decree. For instance:

1. Certain definitions relating to information data center service are introduced, e.g.:

(a) Service of information data center (kinh doanh dịch vụ trung tâm dữ liệu) which is defined as a commercial activity to provide computing and storage capacity for technical infrastructure conducted by data centers, including: server rental services (dịch vụ cho thuê máy chủ), service of renting out data center’s space (dịch vụ cho thuê chỗ tại trung tâm dữ liệu), service of renting out data storage space (dịch vụ cho thuê chỗ lưu trữ dữ liệu), and cloud computing service (dịch vụ điện toán đám mây);

Read MoreInfo
Comment
Written by Lawyers VNLaw On In , ,

Offshore Wind Development in Vietnam – Legal Issues Relating to the Use of Sea Area

Vietnam appears to have great potential to develop offshore wind. And recently, many foreign investors are interested in developing large offshore wind farms in Vietnam. Unfortunately, except for regulations on offshore oil and gas development under the Petroleum Law, Vietnam does not have adequate regulations to develop a large offshore infrastructure project such as offshore wind farms. This starts with inadequate legal framework on the use of sea under the Law on Sea 2012 and Decree 11/2021. In particular,

  • The Law on Sea 2012 and Decree 11/2021 allow certain sea areas (khu vực biển) to be allocated for exploitation and use of “sea resources” (tài nguyên biển). While the term “sea resources” is not clear, it appears to include offshore wind farm development. Decree 11/2021 requires a project developer of an offshore wind farm to pay from US$ 125/ha/year to US$300/ha/year for the sea area allocated to the project. Payment for the allocated sea area could be a substantial amount since an offshore wind farm could require significant sea area for not only the wind turbines and the floating sub-station but also the sea area for the undersea transmission line and other protective area/corridor. On the other hand, sea area allocated to offshore oil development is exempt from payment under Decree 11/2021.

Read MoreInfo
Comment
Written by Nguyen Quang Vu On In , ,