Minister of Public Security Luong Tam Quang said that the draft law was developed by the Government with 7 chapters and 67 articles, regulating the construction, development, processing, administration, and management of data...
Continuing the 8th Session, on the afternoon of October 22, the National Assembly listened to the presentation and review report on the Data Law project. This is an important Law project to ensure national digital transformation, serve state management, exploit and apply data in socio-economic development, tighten personal and non-personal data, ensure information security and safety.
Presenting a report at the meeting, Minister of Public Security Luong Tam Quang said that the draft law was developed by the Government with 7 chapters and 67 articles, regulating the construction, development, processing, administration and management of data; application of science and technology in data processing; data development fund; national comprehensive database; national data center; data products and services.
The draft law is built on the viewpoint of thoroughly grasping and concretizing the viewpoints, guidelines and policies of the Party on building and perfecting the legal system on data; in line with the integration process, expanding international exchanges and cooperation; serving the cause of economic, cultural and social development, ensuring national defense, security, order and social safety. At the same time, it ensures compliance with the Party and State's policy on national digital transformation, contributing to the building of e-Government, digital Government and digital society.
The drafting of the law is carried out on the basis of summarizing the practices in recent years; overcoming shortcomings, inadequacies, and limitations; implementing uniformity, synchronization, and effective use of information in databases, serving the work of State management and socio-economic development, contributing to the prevention and fight against crimes and individuals violating the law. At the same time, creating a complete legal basis for the exploitation and operation of the National General Database and the development of the National Data Center; ensuring synchronization and unity in the legal system. Selectively refer to the laws on data management of a number of countries, suitable to the practical conditions of Vietnam.
The Law regulates the construction, development, processing, and management of data; application of science and technology in data processing; national comprehensive database; National Data Center; data products and services; State management of data; responsibilities of agencies, organizations, and individuals related to data activities. The Law applies to agencies, organizations, and individuals related to data activities in Vietnam.
Reporting on the review of the Data Law project, Chairman of the National Defense and Security Committee Le Tan Toi said that the National Defense and Security Committee basically agreed on the necessity of promulgating the Data Law with the political, legal and practical bases stated in the Government's Submission. The draft Law dossier has ensured the requirements as prescribed by the Law on Promulgation of Legal Documents, and is qualified to be submitted to the National Assembly for discussion and comments.
The National Defense and Security Committee proposed that the drafting agency study and supplement some specific regulations on national data strategy in the draft Law to facilitate the implementation process.
Regarding the National Data Development Fund, the National Defense and Security Committee basically agreed to stipulate that the National Data Development Fund is a non-budgetary State financial fund, established at the Central level to mobilize social resources to support the construction and development of national data; at the same time, it proposed to clarify the financial sources forming the Fund; clearly stipulate the activities funded from the State budget, the activities funded from the Fund, ensuring clarity and transparency.
The National Defense and Security Committee also proposed clarifying resources to ensure the collection, updating and synchronization of data into the National General Database; studying and supplementing regulations allowing other organizations and individuals to exploit for free on the basis of contributing and providing data to these databases, in order to encourage entities to provide and share data to create a rich and complete data source.
Regarding the National Data Center, the National Defense and Security Committee proposed to review and clarify the organizational model, functions, rights and obligations of the Center; clarify the progress and effectiveness of the implementation of the construction of the National Data Center; and have additional reports clarifying response plans and resolving issues that may arise to avoid risks of disclosure, loss of security and information safety. Regarding products and services related to data, data markets and data exchanges, the National Defense and Security Committee basically agrees with the regulations on products and services related to data, data markets and data exchanges in the draft Law.
However, these are contents that are being regulated by a number of related laws such as: Law on Electronic Transactions, Law on Cyber Security, Law on Network Information Security, Law on Telecommunications and especially the draft Law on Digital Technology Industry. Therefore, it is recommended to consider and clarify the relationship between the provisions of this draft Law and the provisions of current laws and the draft Law on Digital Technology Industry to define the scope of regulation to ensure consistency and avoid overlap.
"This is a new and unique field. In order to have strict management and ensure security and safety, we can consider piloting the Data Exchange. Therefore, it is not necessary to stipulate too much detail in this law for now, but to assign the Government to organize the pilot implementation and report to the National Assembly," the National Defense and Security Committee proposed./.
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