Young people access a search engine on the internet (Photo: tuoitre.vn) Hanoi (VNA) — Some proposals in the draft Law on Cyber Security by theMinistry of Public Security are not consistent with international commitments Vietnamhas made, according to the Vietnam Chamber of Commerce and Industry (VCCI).
The VCCI sent its comments about the draft law to National Assembly’s Committeeon National Defence and Security, saying some proposed regulations areunreasonable.
For example, Item 3, Article 34 proposes that suppliers of telecoms servicesand internet services must establish mechanisms to verify personal informationof users when they create an account to ensure confidential authentication ofthe information. The suppliers would also have to provide the information tocyber security agencies.
According to the VCCI, it is not possible for the suppliers to verify andensure the authentication of the information that users provide, especiallywhen suppliers have yet to use the national database on citizen identification.
Item 2, Article 47 proposes that websites or web portals hosting illegalcyber information may be subject to temporary suspension or withdrawal ofoperating licences if they contain information inciting mass gatherings thatdisturb security and order or that encourage anti-government activities.
The website/web portal operators would be asked to prevent the sharing of suchillegal information and to remove the illegal information within 24 hours. TheVCCI said that the requirement could add cost and staff burdens to theoperators.
Notably, the draft law requires foreign suppliers of telecom services andinternet services to obtain operation licences, establish a representativeagency in Vietnam, and locate the server that manages Vietnamese users’ data inthe territory of Vietnam.
The VCCI said that the proposal went against commitments that Vietnam made whenjoining the World Trade Organisation and the Europe-Vietnam Free TradeAgreement.
VCCI Vice Chairman Hoang Quang Phong said that the proposal on sever locationwas against a commitment relating to Location of Computing Facilities (Article14.13) in the Electronic Commerce Chapter of the Trans-Pacific Partnership(TPP) that Vietnam signed in February, 2016.
Tuoi Tre (Youth) newspaper on November 4 reported that experts wereconcerned the proposals, if approved, could hinder the development of internetfirms in Vietnam and Vietnamese users could lose opportunities to accessquality services.
They also said foreign service suppliers like Google, Facebook, Viber, Ubercould refuse to establish a representative agency or relocate their servers to Vietnam.
Lawyer Vu Quang Duc from Ho Chi Minh City Bar Association said that Vietnamshould not use administrative measures to manage services provided by foreigncompanies. Instead, technical measures could be more effective, he said.
Bui Viet Hien Nhi, deputy head of FPT Telecom’s Communication Board said therequirement for a representative agency was reasonable because it helped Stateagencies oversee and minimise risks of trade fraud and cyber attacks.
Nhi said that few foreign companies were willing to move their servers to Vietnam.
“It’s necessary to tighten control but any regulation needs to be consideredcarefully and logically to match the typical features of each industry,” shesaid.
Vu Tu Thanh, Deputy Regional Managing Director &Representative, US-ASEAN Business Council in Vietnam, said that therewas a contradiction between the requirement for users’ information and therequirement for servers to be located in Vietnam, where IT infrastructure ispoor.
“Where servers are located is not as important as how to ensure cyber securityfor the data that the servers store,” he said. -VNA
The VCCI sent its comments about the draft law to National Assembly’s Committeeon National Defence and Security, saying some proposed regulations areunreasonable.
For example, Item 3, Article 34 proposes that suppliers of telecoms servicesand internet services must establish mechanisms to verify personal informationof users when they create an account to ensure confidential authentication ofthe information. The suppliers would also have to provide the information tocyber security agencies.
According to the VCCI, it is not possible for the suppliers to verify andensure the authentication of the information that users provide, especiallywhen suppliers have yet to use the national database on citizen identification.
Item 2, Article 47 proposes that websites or web portals hosting illegalcyber information may be subject to temporary suspension or withdrawal ofoperating licences if they contain information inciting mass gatherings thatdisturb security and order or that encourage anti-government activities.
The website/web portal operators would be asked to prevent the sharing of suchillegal information and to remove the illegal information within 24 hours. TheVCCI said that the requirement could add cost and staff burdens to theoperators.
Notably, the draft law requires foreign suppliers of telecom services andinternet services to obtain operation licences, establish a representativeagency in Vietnam, and locate the server that manages Vietnamese users’ data inthe territory of Vietnam.
The VCCI said that the proposal went against commitments that Vietnam made whenjoining the World Trade Organisation and the Europe-Vietnam Free TradeAgreement.
VCCI Vice Chairman Hoang Quang Phong said that the proposal on sever locationwas against a commitment relating to Location of Computing Facilities (Article14.13) in the Electronic Commerce Chapter of the Trans-Pacific Partnership(TPP) that Vietnam signed in February, 2016.
Tuoi Tre (Youth) newspaper on November 4 reported that experts wereconcerned the proposals, if approved, could hinder the development of internetfirms in Vietnam and Vietnamese users could lose opportunities to accessquality services.
They also said foreign service suppliers like Google, Facebook, Viber, Ubercould refuse to establish a representative agency or relocate their servers to Vietnam.
Lawyer Vu Quang Duc from Ho Chi Minh City Bar Association said that Vietnamshould not use administrative measures to manage services provided by foreigncompanies. Instead, technical measures could be more effective, he said.
Bui Viet Hien Nhi, deputy head of FPT Telecom’s Communication Board said therequirement for a representative agency was reasonable because it helped Stateagencies oversee and minimise risks of trade fraud and cyber attacks.
Nhi said that few foreign companies were willing to move their servers to Vietnam.
“It’s necessary to tighten control but any regulation needs to be consideredcarefully and logically to match the typical features of each industry,” shesaid.
Vu Tu Thanh, Deputy Regional Managing Director &Representative, US-ASEAN Business Council in Vietnam, said that therewas a contradiction between the requirement for users’ information and therequirement for servers to be located in Vietnam, where IT infrastructure ispoor.
“Where servers are located is not as important as how to ensure cyber securityfor the data that the servers store,” he said. -VNA
VNA
