Replace Decree 72/2013 - Preventing Reversion of Backward Protection
This is a statement by Mr. Dau Anh Tuan - Deputy Secretary General, also the Head of the Legal Affairs Committee at VCCI, during the Workshop for Feedback on the Draft Decree Replacing Decree 72/2013/NĐ-CP...
Accordingly, in order to gather input from experts and businesses on the Draft Decree replacing Decree 72/2013/ND-CP, on September 8th, the Vietnam Chamber of Commerce and Industry (VCCI) collaborated with the Vietnam Digital Communications Association (VDCA) to organize a Workshop for Feedback on the Draft Decree replacing Decree 72/2013/ND-CP regarding the management, provision, and use of internet services and information on the network.
Deputy Secretary General, and concurrently the Head of the Legal Department at VCCI, provided information during the workshop's opening statement.
In his opening speech, Mr. Dau Anh Tuan highlighted the significance of Decree 72/2013/ND-CP, which has garnered the interest of both domestic and international investors and major corporations. Vietnam is a country with a high Internet penetration rate, with approximately 70% of the population using the Internet, accounting for 70% of the total population. Telecommunications infrastructure plays a particularly crucial role, directly impacting all aspects of life and business.
However, the Internet is also susceptible to negative behaviors and rapid dissemination, necessitating a control mechanism. Legal regulations governing this sector are essential, but how it is managed is a critical issue. If not managed skillfully or if overly restrictive, it can affect the development of the digital economy and digital transformation today. Meanwhile, the digital content industry has rapidly evolved, producing many popular products with export potential.
"The provisions of the new decree need to be carefully considered to avoid reverse protectionism, which could hinder Vietnamese businesses from competing with international ones. Moreover, to prevent situations where domestic investors establish foreign enterprises to provide services in Vietnam, the drafting committee of the decree should take this into account," expressed Mr. Tuan.
Overview of the Workshop for Feedback on the Draft Decree Replacing Decree 72/2013/NĐ-CP on the Management, Provision, and Use of Internet Services and Information on the Network
Representing the drafting agency, Ms. Nguyen Thi Thanh Huyen - Deputy Director of the Department of Radio, Television, and Electronic Information, Ministry of Information and Communications, stated at the workshop that the Ministry of Information and Communications has completed the draft decree replacement based on the draft decree amendments and supplements that were submitted to the Government. It includes 11 new provisions to align with practical management, without introducing additional new policies.
The draft decree introduces significant policy changes, including the management of comprehensive electronic information websites and social networks, licensing the establishment of social networks, online electronic games, and the provision of content services on mobile telecommunications networks. It also addresses the regulation of cross-border public information provision, enhanced implementation of measures to ensure the safety and security of information on telecommunications networks and the Internet, and includes specific provisions regarding the responsibilities of businesses providing Internet services, social networks, organizations, individuals both within and outside the country who provide information on the network, businesses providing online electronic games, and many other important regulations.
Ms. Nguyen Thi Thanh Huyen - Deputy Director of the Department of Radio, Television, and Electronic Information, Ministry of Information and Communications, shared her insights at the workshop.
Assessing the Draft Decree Replacement, Mr. Nguyen Quang Dong - Director of the Institute for Policy Studies and Media Development (IPS), pointed out four noteworthy aspects of the draft: regarding licenses when introducing applications to the app store of foreign service providers (Article 26.3.i); the suspension of social media accounts that violate the law (Articles 26.5.b and Article 38.6); user account verification on social networks (Article 30.2.a and Article 38.10); and the cessation of internet services for users who violate Article 83.3.b.
Mr. Nguyen Quang Dong - Director of the Institute for Policy Studies and Media Development (IPS) provided information during the workshop.
In his feedback on the draft, Mr. Dong proposed that the process of blocking and removing content that violates the law, based on user reports, should be carried out in multiple steps. According to this proposal, after a user reports content that violates the law, access to that content will be restricted; relevant authorities will inform the user about the reported content's legal violation; during this period, the content uploader has the right to appeal; and finally, access rights will be restored or continued blocking based on a court decision.
On the other hand, according to Mr. Vu Tu Thanh - Deputy Executive Director of the US-ASEAN Business Council, blocking content without clear guidelines and without considering the global nature of the Internet could potentially isolate Vietnam from the global trend of an open internet. Additionally, the requirements for temporary and permanent closure of social media accounts, community pages, group pages, content channels, and the blocking and removal of applications are too numerous and operationally infeasible.
Mr. Vu Tu Thanh - Deputy Executive Director of the US-ASEAN Business Council, provided feedback to improve the draft.
In addition to the points mentioned, at the workshop, businesses and experts also proposed that the drafting agency reconsider certain related aspects, such as: new obligations for telecommunications companies, data storage leasing in Vietnam; monitoring, collecting, and detecting law-violating information on the technical infrastructure and applications of businesses; blocking and removing law-violating content on the internet within a maximum of 24 hours from receiving a request from the Ministry of Information and Communications; reporting to the Ministry of Information and Communications immediately, through written communication, phone, or email, within a maximum of 24 hours from self-discovery or receiving feedback or complaints from users. This is because some of the proposed content is overly restrictive, making it difficult for Vietnamese businesses to enforce, increasing compliance costs for Vietnamese businesses, and some provisions are not compatible with current laws.
Taking note of the feedback, Ms. Nguyen Thi Thanh Huyen stated that the drafting committee will consider, explain, and improve the draft decree based on practicality and the input from businesses, with the aim of ensuring user rights, effective management, and business interests.
According to Gia Nguyen (Business Forum Magazine).
By: Translator: LeAnh-Bizic
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