Vietnam’s Law on Artificial Intelligence (AI) (“AI Law”) came into force yesterday, serving as a comprehensive legal framework for regulating AI system operations in the country, replacing entirely the Law on Digital Technology Industry.
Modelled after the EU AI Act, the Vietnamese version applies to both domestic and foreign entities engaged in AI activities in Vietnam, covering research, development, provisions, deployment and use of AI systems.
Essentially, the new law regulates four areas; the first being a risk-based classification of AI systems based on its impact on human rights, safety and security; fields where the system is used, especially those that affect public interest; user scope; and scale of the impact. There will be three levels of risks categorised into high, medium and low.
Secondly, for high risk (HR) AI system, the provider (any entity which commercialises an AI system), must have a commercial presence or an authorized representative in Vietnam. This applies only to those systems that are subject to a pre-market conformity assessment. Other HR AI systems need only an authorized representative in Vietnam.
Thirdly, the provider must ensure that audio, image and video content generated by the AI system are marked in a machine-readable format per the Government’s regulations, while the deployer (an entity that uses the AI system in professional activities, trade or service provision (excluding non-commercial use) must clearly indicate whether such content can be confusing regarding the authenticity of events and/or characters.
Finally, the AI law deems some of the following acts as illegal; namely, using the AI system to violate the law or infringe upon the rights of others; using the system to forge or simulate real persons or events to deceive thus causing harm to others or to national security, public order or social safety. It is also prohibited to collect or process data to develop, train, or operate AI systems that contravenes laws on personal data protection, intellectual property and cybersecurity.
Although the AI law has taken effect, its enforcement has been postponed to 1 March 2027 (or 1 September 2027 for AI systems in the fields of health, education and finance).
According to legal firm Baker McKenzie, although the AI law resembles the EU AI Act in many ways, the Vietnamese version still requires a lot of clarification from the government.
“The implementation of the AI Law will require the Government, Prime Minister and Ministry of Science and Technology to issue several implementing instruments,” the firm said in its website.
“Several critical compliance components need to be clarified, such as detailed risk classification criteria, transparency and labelling requirements, incident reporting thresholds, conformity assessment procedures, and local presence obligations for foreign providers,” it added.
As of February, several draft documents clarifying the law are being prepared for submission to the government for approval.