On the afternoon of November 30, the National Assembly voted to pass the Data Law with 451/458 delegates participating in the vote in favor (accounting for 94.15%).
Before passing the Law, Mr. Le Tan Toi, Chairman of the National Assembly's Committee on National Defense and Security, explained, received, and revised the draft Law on Data.
According to Mr. Toi, regarding the transfer of data abroad to foreign organizations and individuals, there are some opinions suggesting to clearly define the types of data that are prohibited or restricted from being transferred abroad, the process of transferring data abroad, as well as the responsibility for compensation for damages when incidents occur in the transfer of this data. It is recommended to study to classify the types of data, with the exclusion of data from foreign enterprises to ensure the feasibility of the law.
Based on the opinions of the National Assembly Deputies, the National Assembly Standing Committee has directed the study, review and amendment of the name of this Article to: "Transferring and processing cross-border data" to ensure comprehensiveness and supplement the provisions in Clause 1, Article 23 of the draft Law to receive and amend in the direction: "Agencies, organizations and individuals are free to transfer data from abroad to Vietnam, process foreign data in Vietnam, and have their legitimate rights and interests protected by the State according to the provisions of law"; at the same time, assign the Government to specify the details of this Article.
In addition, the Standing Committee of the National Assembly finds that this is a new and complicated content that needs to be further evaluated during the implementation of the Law. To ensure feasibility, suitability to practice and flexibility in the management process, the Standing Committee of the National Assembly proposes to only stipulate basic and principled contents in the draft Law and assign the Government to specify details.
The Data Law passed by the National Assembly shows that, in Article 23 of the Law, it stipulates: Agencies, organizations and individuals are free to transfer data from abroad to Vietnam, process foreign data in Vietnam, and have their legitimate rights and interests protected by the State according to the provisions of law. The transfer of core data and important data abroad includes: a) Transferring data stored in Vietnam to a data storage system located outside the territory of the Socialist Republic of Vietnam; b) Vietnamese agencies, organizations and individuals transferring data to foreign organizations and individuals in Vietnam; c) Vietnamese agencies, organizations and individuals using processing platforms outside the territory of the Socialist Republic of Vietnam to process data.
The Law also stipulates: The transfer and processing of data specified in Clauses 1 and 2 of this Article must ensure national defense, security, protection of national interests, public interests, rights and legitimate interests of data subjects and data owners in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member. And the Government shall detail this Article.
Source: https://daidoanket.vn/co-quan-to-chuc-ca-nhan-duoc-tu-do-chuyen-du-lieu-tu-nuoc-ngoai-ve-viet-nam-10295608.html
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