The Vietnamese Government has demonstrated strong determination in promoting the development of high-tech and digital economies through the promulgation of significant policies. Commencing with Resolution No. 52-NQ/TW of the Politburo in 2019, the nation officially oriented itself toward active participation in the Fourth Industrial Revolution. Notably, at the XIII National Congress of the Communist Party, concepts of digital transformation, digital economy, and digital society were first formally institutionalized in official documents, marking a pivotal milestone in the nation’s developmental trajectory and strategic vision.
To operationalize these strategic directives, the Prime Minister issued Decision No. 749/QD-TTg in 2020, approving the National Digital Transformation Program through 2025, with a vision toward 2030. The Program establishes the objective of positioning Vietnam among the top 50 nations in e-Government development, while comprehensively advancing the digital ecosystem, encompassing Digital Government, Digital Economy, and Digital Society. Concurrently, it promotes the development of Vietnamese digital technology enterprises, facilitating their expansion into global markets.
The Data Law of 2024 represents a significant advancement in refining the legal framework for digital data management and development. This legislation establishes five core principles for data construction, development, and protection, with particular emphasis on transparency, openness, and stakeholder rights protection. Furthermore, the law stipulates detailed provisions regarding the establishment of the National Data Center and National Comprehensive Database, establishing a robust foundation for the future development of Vietnam’s digital economy.
Key Provisions of the Data Law 2024:
1. Regulations on Data Exchange Platform
The Data Law has formally introduced the concept of “Data Exchange Platform” as a novel mechanism within the national digital ecosystem. The Data Exchange Platform is defined as a specialized digital platform that plays a pivotal role in the provision and distribution of data resources, aimed at promoting scientific research, startup development, and innovation. This platform establishes a comprehensive digital ecosystem where stakeholders can efficiently and securely interact, transact, and exchange data along with related products and services.
To ensure professionalism and reliability, the law stipulates that only organizations meeting stringent criteria are permitted to operate data exchange platforms. Specifically, the operating entity must be either a public service unit or a state-owned enterprise, and must simultaneously fulfill all requirements regarding technical capability, human resources, and operational licensing in accordance with current legal provisions.
2. Development of National comprehensive database
The National comprehensive database is a key information system developed and centrally managed by the Government at the National Data Center. This system is designed with stringent standards to ensure integrity, security, and efficiency in national data management.
Data exploitation and utilization are conducted through a multi-platform digital ecosystem, with the National Data Portal and National Public Service Portal serving as primary access points. The system integrates advanced electronic identification and authentication platforms, ensuring security and reliability in access processes. The National Data Center provides modern technological infrastructure, including specialized software and hardware solutions, to optimize data access and processing.
With advanced data analytics capabilities, the system plays a crucial role in supporting policy formulation and promoting socio-economic development, while establishing a foundation for the development of new data products and services.
3. Data Analysis and Aggregation Products and Services
According to the Data Law 2024, data analysis and aggregation products are the results of processing data into in-depth, useful information according to user needs at various levels. Data analysis and aggregation services refer to data processing activities based on specific requirements of service users.
Organizations engaged in data analysis and aggregation products and services – if capable of affecting national defense, national security, social order and safety, social ethics, and public health – are mandated to register their operations and comply with management regulations in accordance with investment law.
The Data Law 2024 also stipulates responsibilities for organizations providing data analysis, aggregation services, and data exchange platforms. Specifically:
(i) Provide services to organizations and individuals based on service provision contracts.
(ii) Ensure continuous and uninterrupted operation of information reception channels and services.
(iii) Regularly manage, inspect, and monitor data security and safety; proactively prevent, intercept, and handle risks; monitor behaviors that may affect data protection.
(iv) Comply with legal regulations on network information security, cybersecurity, electronic transactions, and other relevant regulations.
The Data Law 2024 takes effect from July 1, 2025.
See more:
1/ Consumer information under the provisions of the law on consumer protection 2023
2/ Subjects and Fundamental Principles of GDPR
3/ Due diligence on personal data protection in M&A transactions
Disclaimers:
This article is for general information purposes only and is not intended to provide any legal advice for any particular case. The legal provisions referenced in the content are in effect at the time of publication but may have expired at the time you read the content. We therefore advise that you always consult a professional consultant before applying any content.
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Apolat Legal is a law firm in Vietnam with experience and capacity to provide consulting services related to data and contact our team of lawyers in Vietnam via email info@apolatlegal.com.
