Significant provisions of Decree 53, new decree regulating Cybersecurity Law in Vietnam, data localization in vietnam

Vietnam promulgates a new decree regulating Cybersecurity Law

On August 15, 2022, the Government of Vietnam issued Decree No. 53/2022/ND-CP, which specifies various provisions of the Vietnam Cybersecurity Law.

For many years, Decree 53 has been drafted, amended, and awaiting to be implemented. Without this decree, Vietnamese authorities would not be able to enforce the entire Cybersecurity Law, particularly the provisions of this Law related to data localization in Article 26 of the law  (establish a local office in Vietnam and store specific types of data, such as user data or personal data or set up a branch or representative office in Vietnam).

On October 1, 2022, this Decree will go into effect.

Significant provisions of Decree 53

Article 26 of the Cybersecurity Law’s provisions for data localization and branch offices: In accordance with Decree 53, certain data types must be localized, as well as the companies that must adhere to the regulations trigger conditions, the required data retention periods, the duration of office operations, and other details.

Decree 53 provides a thorough legal basis for competent authorities to make takedown requests for service providers in relation to government takedown procedures for illegal information and fake news in cyberspace.

The authorities shall have the authority to implement data collecting measures for the purposes of data collection, as well as for the purposes of investigating and handling cybercrimes. The specific requirements for these data collecting measures are outlined in Decree 53.

The government measures to prohibit or stop the operation of information systems:  By order of the Ministry of Public Security, information systems—a wide concept that can include all different types of applications, websites, and devices—that are exploited for criminal purposes may be suspended or terminated.

Additionally, Decree 53 specifies other contents:

  • the systems for establishing and evaluating national security information
  • the collaboration of competent agencies to implement measures and handle network security violations across numerous fields and industries.

ASL LAW is the top-tier Vietnam law firm for doing business in Vietnam. If you need any advice, please contact us for further information or collaboration.


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