AmCham Expresses Concerns about the Draft Law on Cyber Security

AmCham Expresses Concerns about the Draft Law on Cyber Security

AmCham participated in a Consultative Workshop on the Draft Law on Cyber Security hosted by VCCI on October 9. The workshop was attended by various lawmakers, ministries, agencies and concerned business people. During his remarks at the workshop, AmCham Executive Director Adam Sitkoff noted that AmCham strongly supports the Government’s objective of promoting the development of the Internet and digital economy in Vietnam while ensuring data security and the protection of Vietnamese Internet users. AmCham also strongly support Vietnam’s efforts to establish a legal framework on cybersecurity. Mr. Sitkoff added that it is also important to acknowledge that the benefits of the digital economy can be offset by the cost of cyber-attacks and cybercrime, unless the online environment is adequately protected. He then stressed the following key points about the draft law on behalf of the US business community:

–  The definition of “cyber security” under the draft law is not consistent with international norms. As a consequence, the scope of application of the draft law is quite broad, covering not only technologies and technical measures, but also information and content on the Internet — which have been regulated by other laws and documents such as the Law on Information Network Security, the Law on Telecommunications, and the Law on Information Technology.

–   Provisions in the draft law requiring local representative offices and onshore server localization are not only not feasible, but will also make Vietnam more vulnerable as a target of cyber-attacks.

–  Requirements on licensing and technical qualification certificates for products and services related to cyber security will create additional burdens for businesses, while also overlapping with other existing laws and regulations.

Mr. Sitkoff thanked the Ministry of Public Security for addressing cybersecurity issues, and for undertaking a transparent and inclusive consultation process during the drafting of this law. He said that AmCham hopes to continue offering recommendations to the government on policy approaches that will help advance the underlying objectives of the Cyber Security Law.