Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2018
 

New Law on Cybersecurity

On 12 June 2018, the National Assembly passed the Law on Cybersecurity, with an affirmative vote from over 86% of delegates. The law will come into effect from 1 January 2019.


Perhaps the most notable change introduced by this law is that for certain local and foreign organisations that provide services in cyberspace or which own information systems in Vietnam, they must now store the data of service users and other important security data in Vietnam. Furthermore, certain foreign organisations may also be required to establish a head office or representative office in Vietnam.


It presently remains to be seen as to which specific organisations the above conditions apply. This is likely to come out in guiding decrees or circulars. However, such requirement comes at the time when the authorities are desiring greater visibility and enforceability over cybersecurity violations.


New Decree 86/2018/ND-CP on Foreign Investment in Education

On 6 June 2018, the Government passed a new decree to govern foreign investment in education, replacing the former Decree 73/2012/ND-CP that impeded the entry of foreign investors in Vietnam's growing education sector. The decree will come into effect from 1 August 2018.


Notably, under this decree, the quota on Vietnamese student enrolments has been raised to 50% of total student enrolments. While foreign investors were hoping for the removal of such cap altogether (which was suggested in the drafts of the decree that were circulated), the cap is considerably more attractive than that applied under Decree 73 (10% for primary and lower secondary schools, 20% for upper secondary schools). The new decree also allows for enrolment of Vietnamese preschool students, whereas the previous Decree 73 prohibited it altogether.


There has been limited change with regard to the licensing requirements, and the same procedures still apply under the new decree – save that certain timelines have been slightly shortened.




Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Rajah & Tann LCT Lawyers
Ho Chi Minh City Office
Saigon Centre, Level 13, Unit 2&3
65 Le Loi Boulevard, District 1
HCMC, Vietnam

Hanoi Office
Lotte Center Hanoi - East Tower
Level 30, Unit 3003, 54 Lieu Giai Street., Ba Dinh Dist.,
Hanoi, Vietnam
http://vn.rajahtannasia.com


Contacts:

Dr Chau Huy Quang
Managing Partner
D +84 28 3821 2382
F +84 28 3520 8206
quang.chau@rajahtannlct.com

Pham Manh Dzung
Partner
D +84 28 3821 2673
F +84 28 3821 2685
dzung.pham@rajahtannlct.com

Vu Thi Que
Partner/Chairwoman
D +84 28 3821 2382
F +84 28 3520 8206
que.vu@rajahtannlct.com

Lim Wee Hann
Partner
D +65 62320606
wee.hann.lim@rajahtann.com

Rajah & Tann Asia is a network of legal practices based in Asia.

Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update.