Late September 2021, the Ministry of Public Security
(MPS) released the Draft Decree on administrative
penalties for cybersecurity violation (Draft
Decree) for public comments. The Draft Decree is expected
to enter into force in early 2022. Together with the draft decree
on personal data protection (Draft Decree Data
Protection),1 the Draft Decree is meant to form
the cybersecurity regime in Vietnam and is influenced by the
European Union's General Data Protection Regulation.
In this legal update, we will set out specific noteworthy
points.
1. Scope
Under the Draft Decree, both Vietnamese and foreign entities and
individuals committing violations in cyberspace will be subject to
penalties regulated in the Draft Decree. Foreign entities are
defined as the "Foreign enterprises or their branches,
representative offices, business locations providing
telecommunication, internet, content cyberspace, information
technology, cybersecurity, and cyber
