You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 21, 2025

AI Regulations Come into Focus in Vietnam’s Draft Law on Digital Technology Industry

Subscribe to Updates

Vietnam’s Ministry of Information and Communications has released the latest version of its draft Law on the Digital Technology Industry (DTI Law), marking a significant step toward comprehensive regulation of digital technologies and notably addressing artificial intelligence (AI). The draft law was deliberated in the National Assembly on January 6, 2025, and is expected to be adopted in May 2025. Once in effect, the law will modernize Vietnam’s existing information technology regulatory framework.

Background

Vietnam has been steadily building its regulatory framework for AI since January 2021, when the prime minister issued Decision No. 127/QD-TTg on the National Strategy for Research, Development, and Application of Artificial Intelligence until 2030. While various ministries have been tasked with issuing guidance documents and technical standards, Vietnam still lacks a comprehensive legal framework specifically addressing AI and digital technologies. The draft DTI Law aims to fill this gap by providing a structured approach to regulating the digital technology industry.

Scope and Definitions

The draft DTI Law establishes a broad framework governing digital technology industry activities, initiatives for developing the digital technology sector, and rights and obligations of organizations and individuals in the industry. The draft law also proposes the creation of various incentives, primarily in the form of tax benefits, for encouraging foreign direct investment, talent acquisition and development, and industry growth.

The draft law introduces several important definitions, particularly around AI, which is defined as digital technology that simulates human intelligence to generate content, forecasts, suggestions, and decisions based on human-determined goals. The draft distinguishes between different categories of AI systems:

  • High-risk AI systems: Those posing risks to health, safety, rights, and legitimate interests.
  • High-impact AI systems: Distinguished by their broad scope, large user base, and significant computational resources for training.
  • Standard AI systems: Basic systems that apply AI for automated analysis and decision-making. The draft DTI Law notably contains a “whitelist” of AI systems that are not considered high-risk if they are (1) designed to perform a task within a narrow scope, (2) intended to improve the outcomes of previously completed human activities, and (3) aimed at detecting and recommending deviations from previous results.

Requirements and Restrictions

The draft law implements several requirements for AI deployment, such as:

  • Principles for AI development, provision, implementation, and use, which must:
    • Serve human prosperity and happiness, be human-centered, and enhance productivity and work efficiency; ensure inclusive, fair, and nondiscriminatory access; respect ethical values, human rights, and interests; and protect privacy;
    • Ensure transparency, explainability, accountability, and control over AI algorithms and models, and not replace or surpass human control;
    • Ensure security and confidentiality;
    • Manage risks throughout the AI lifecycle;
    • Promote responsible innovation and encourage international cooperation; and
    • Apply environmentally friendly and energy-saving measures in the development, provision, and use of AI.
  • Mandatory labeling: All digital technology products created by AI systems must be clearly labeled for identification purposes.
  • Prohibited activities: The draft law explicitly prohibits the provision, implementation, or use of AI systems for:
    • Manipulation and fraud;
    • Discriminatory applications;
    • Invasion of privacy;
    • Human rights violations; and
    • Activities infringing on organizational or individual interests.

Next Steps

Although the final version of the DTI Law may differ from this draft, organizations operating or planning to operate in Vietnam’s digital technology sector should review their AI systems, prepare for compliance, and assess potential opportunities for receiving investment incentives.

For AI research and development, attention should be paid to the regulatory developments led by the Ministry of Science and Technology (MOST), which has also issued guiding principles for research and development of AI systems as well as standards on AI lifecycle processes, quality requirements, and sustainability. MOST is also revamping the Law on Science, Technology, and Innovation—the latest draft of which was released in December 2024 and includes guidance on research and development of AI systems.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
July 6, 2026
Tilleke & Gibbins has contributed the Vietnam chapter to Data Protection & Privacy 2027, a global guide published by Lexology Panoramic that provides comparative insights into data protection and privacy regimes across multiple jurisdictions. The Vietnam chapter offers a comprehensive overview of the country’s data protection framework, addressing both regulatory structure and practical compliance considerations for businesses operating in or engaging with Vietnam. Topics covered include: Law and the regulatory authority: Legislative framework; data protection authority; cooperation with other data protection authorities; breaches of data protection law; judicial review of data protection authority orders Scope: Exempt sectors and institutions; interception of communications and surveillance laws; other laws; personal information formats; extraterritoriality; covered uses of personal information Legitimate processing of personal information: Lawful bases for processing; grounds for legitimate processing; types of personal information Data handling responsibilities of owners of personal information: Transparency; exemptions from transparency obligations; data accuracy; data minimization; data retention; purpose limitation; automated decision-making Security: Security obligations; notification of data breaches; internal controls Accountability: Data protection officer requirements; record-keeping; risk assessment; design of personal information processing systems Registration and notification: Registration requirements; other transparency duties Sharing and cross-border transfers of personal information: Sharing with processors and service providers; restrictions on third-party disclosures; cross-border transfers; further transfers; localization requirements Rights of individuals: Right of access; other statutory rights; compensation Enforcement: Enforcement mechanisms; exemptions, derogations, and restrictions; further exemptions and restrictions Specific data processing: Cookies and similar technologies; electronic communications marketing; targeted advertising; sensitive personal information; profiling; cloud services The chapter concludes with an update on key legal and regulatory developments over the past year and emerging trends in Vietnam’s data protection landscape. The full Vietnam chapter is available as a PDF through the button below. Readers can also gain 30 days of complementary access to the full Data
Read More
July 2, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) released a new version of the draft Act on Artificial Intelligence on July 2, 2026, for a public hearing period expected to be approximately 30 days. The draft act adopts a risk-based regulatory approach modeled in part on international frameworks—particularly the EU’s AI Act—while incorporating provisions tailored to Thailand’s regulatory landscape and digital economy objectives. If enacted in its current form, the law would introduce extraterritorial obligations, a tiered risk classification system, strict liability for AI-related damages, and new transparency requirements for AI-generated content. Scope and Extraterritorial Application The draft act applies to AI development, deployment, or any other action affecting people in Thailand, even if the action occurs outside the country. Of note: This extraterritorial reach creates compliance obligations for global AI companies whose systems impact Thai residents or consumers, even if the provider has no physical presence in Thailand. Foreign AI providers serving Thai deployers or users must appoint a local coordinator or authorized representative. Depending on the type of AI system, the representative may need full authority to act on behalf of the provider without any limitation of liability. Certain activities are exempt from the draft act’s oversight, including AI used by natural persons solely for personal or household activities, AI for educational research conducted by higher education institutions with ethics committee approval, research and development activities conducted prior to distribution or service provision, and other AI systems prescribed by royal decree. Risk-Based Classification Framework The draft act establishes a tiered risk classification system with three main categories: Prohibited AI. The act outright prohibits AI systems employing cognitive-behavioral manipulation using subliminal techniques, AI systems causing unfair broad-scale discrimination from processing irrelevant data, and other categories of serious risk as determined by announcement of a forthcoming committee that will be responsible
Read More
June 25, 2026
On June 18, 2026, Thailand’s Office of the Personal Data Protection Committee (PDPC) published two notifications in the Government Gazette establishing Thailand’s first formal certification framework for personal data protection standards under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notifications, which took immediate effect, introduce a voluntary certification framework aimed at promoting accountability, strengthening organizational data protection governance, and aligning Thailand more closely with international frameworks that recognize certification as a key compliance tool. Certification Criteria The first notification sets out the assessment criteria for organizations seeking certification. Applicants must undergo an evaluation against a framework comprising four assessment categories, 10 focus areas, and 128 assessment criteria covering key elements of a privacy management program. These include: Organizational oversight and internal policies and procedures. Human resource development, including staff training and awareness programs. Clearly defined operational processes and procedures covering data subject rights, transparency obligations, records of processing activities, and lawful basis management, as well as contractual safeguards such as data-processing and data-sharing agreements and risk assessments, including Data Protection Impact Assessments. Technical measures encompassing data security controls and breach response capabilities Based on the assessment results, organizations may be awarded either a PDPA Compliance Certificate or a higher-level PDPA Certificate accompanied by a certification mark. Application and Assessment Process The second notification establishes the application and assessment process for obtaining certification. Eligible applicants include government agencies and private-sector entities that demonstrate sufficient privacy governance maturity and meet the prescribed eligibility requirements. Applicants must submit their applications along with supporting documentation for review. Upon receiving an application, the Office of the PDPC will conduct a detailed evaluation, which may include both documentary review and on-site inspections. Incomplete applications may be rejected, though applicants are typically given a limited period to correct deficiencies before a final decision
Read More