Vietnam: Opened consultation on Law on Digital Technology Industry including testing requirements

On 2 July 2024, the Ministry of Information and Communication (MIC) initiated a consultation on the Law on Digital Technology Industry, including testing requirements until 2 September 2024. The draft law introduces a mechanism for testing digital technology products and services. This is defined as the controlled and temporarily permitted testing of digital technology products and services, with limitations on space, time, scope, and subjects. This mechanism is employed for products and services that meet the criteria set forth in Article 67, particularly when they are not addressed by existing legislation. Those enterprises seeking to participate in the testing mechanism are required to submit the outlined documents in accordance with the process outlined in Article 71. Participation in the testing process does not imply a licence to supply the tested digital technology products and services to the market. The maximum testing period is 2 years and is limited to the territory of Vietnam. Enterprises permitted to participate in the testing mechanism are exempt from civil liability in the event of damage and exempt from administrative and criminal liability if they comply fully with the conditions set out in the testing permit unless they are aware of the risks involved but fail to inform and take the necessary preventive measures. Every 6 months, the results of the testing must be submitted, and the user protection and consumer protection regulations of the law must be complied with.