Following Vietnam’s adoption of the new Law on Data (“Data Law”) on November 30, 2024, there remained uncertainty as to what impact the new framework would have on businesses in Vietnam and abroad. The government has now released a package of four draft legal documents aimed at guiding the implementation of the Data Law: (1) a decree on the National Data Development Fund (“NDDF Decree”), (2) a decree related to regulations on scientific, technological, and innovation activities and data products and services (“Decree on Specific Activities”), (3) a decree detailing a number of articles and measures to implement the Data Law (“Implementation Decree”), and (4) a decision on the lists of important data and core data. This article will provide an overview of the draft legislation. 1. NDDF Decree The draft NDDF Decree relates to the establishment, management and use of a National Data Development Fund (“NDDF”), which is a non-profit and non-budgetary state financial fund established and managed by the Minister of the Ministry of Public Security (MPS). The NDDF has legal personality and is fully state owned, operating similarly to a single-member limited liability company. Its main objectives are to support, promote, and invest in artificial intelligence (AI), the Internet of Things (IoT), and other new technologies and innovation. The NDDF may lend to, invest in, or otherwise support eligible organizations. The draft NDDF Decree also proposes a series of regulations on donations to the NDDF and from the NDDF (through expense support), the lending activities of the NDDF to commercial banks, which will in turn lend to eligible organizations, the investment activities in data products and services innovative start-ups, and other kinds of support. The government commits to provide VND 1 trillion (approx. USD 40 million) to the NDDF, evidencing the importance the government places on

Thailand’s Ministry of Digital Economy and Society, through the Digital Economy Promotion Agency (DEPA), recently held a focus group hearing on the draft Gaming Industry Promotion Act. This legislation seeks to strike a balance by promoting the growth of the online game industry while safeguarding society, with a particular focus on protecting youth from potential negative impacts and enhancing a positive gaming environment. From the public releases, the draft act is expected to address several key aspects, including: Registration requirements for key industry players, such as developers and platform providers. It is also worth monitoring whether these requirements will also apply to offshore entities offering services to users in Thailand. Governance measures, such as game rating systems and measures to address online gambling and violence in games. Incentives, such as the establishment of a fund to support the gaming industry, and tax incentives to promote Thai gaming businesses. DEPA plans to incorporate feedback from the focus group hearing to refine the Draft Act. The legislation is expected to be submitted to the cabinet for approval by April 2025, with enactment expected by the end of 2025. As this draft law is still at an early stage, amendments may be introduced during the legislative process. Businesses and stakeholders in the gaming industry are encouraged to monitor the matter closely and assess how the developing legislation may impact their operations.

Tasked with implementing the Politburo’s policy outlined in Notice No. 47-TB/TW dated November 15, 2024, the prime minister of Vietnam issued Decision No. 1718/QD-TTg on December 31, 2024, appointing himself as the head of a steering committee dedicated to the establishment of an international financial center in Ho Chi Minh City and a regional financial center in Da Nang by 2025. The Ministry of Planning and Investment has subsequently drafted an outline for the National Assembly’s Resolution on the Establishment of Regional and International Financial Centers in Vietnam (“Draft Resolution”). This Draft Resolution introduces two key policy groups: (i) policies governing the quantity, location, structure, organization, functions, and responsibilities of the financial centers; and (ii) policies applicable to various areas and matters within the financial centers. Notably, under the Draft Resolution, fintech has been identified as a key sector, with a specific focus on the implementation of a “controlled sandbox” policy for business models involving virtual assets and cryptocurrencies. Under this framework, transactions related to virtual assets and cryptocurrencies will be permitted from July 1, 2026, subject to licensing, management, impact assessment, and risk oversight by the financial centers’ Management and Operations Committee. Scope of Application and Key Principles The Draft Resolution applies to a wide range of stakeholders, including investors, regulatory agencies, organizations, and individuals involved in the establishment, organization, and operation of regional and international financial centers in Vietnam. These financial centers will have clearly defined geographical boundaries and specific locations, which will be further specified and detailed by the People’s Committees of Ho Chi Minh City and Da Nang. Companies successfully registered as members of these financial centers will benefit from special investor-friendly policy principles, which may differ from the general legal and regulatory framework applicable in other parts of Vietnam. Most notably, the state will

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