What is cybersecurity?

We depend on technology heavily, which also translates to a rise in online hackers. The bigger the corporation is, the higher the risk of cyber attacks. This is when cybersecurity comes into the picture.

Cybersecurity law in Vietnam

What is cybersecurity: Cybersecurity is the condition of being guarded against criminal and illegal activities that comprise of activities related to computer, information technology, and virtual reality. It also means the measures taken to acquire this condition. One must know the risks, threats, and consequences of cyber attacks.

- Who are the attackers: The attacker could be an external source like a hacker who gets into the system and steals files. The imposter could even be someone from the company itself, like an employee who has an access to confidential information.

- How are the attacks carried out: The attackers through viruses or botnets invade systems. It is even done by using a USB drive or clicking on an unknown link.

- When is the attack carried out: Cyber attacks mostly occur when your systems or the internal staff are vulnerable. There is no specific vulnerability and the attack can occur at any time.

- Which area is hit: Cyberspace is a limitless stretch so the attack can occur in any area.

- Why do these attacks occur: The external agents strike to leak or held captive crucial company data for earning ransom. And the internal sources like the employees do it for competitors in exchange for money. Some even do it as a revenge due to past unpleasant experiences.

- How to tackle cyber attacks: There are three ways of securing your website:

1) SSL Certificate: This certificate validates your website's identity and encrypts the information visitors send or receive from your site.

2) CodeGuard: It is a service that does an automatic backup of your website.

3) SiteLock: It scans your website for any threat and when it is detected, it works effectively to repair it. Also, you would be instantly notified about any attack.

Source : Quora - Jenny Webber, Web hosting expert

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What are Conditions to Meet for Trading civil cryptographic products and services?

According to Article 30 and 31, Law on Cyber Information Security,

Civil cryptographic products and services are:

1. Civil cryptographic products include cryptographic documents and technical and professional equipment used to protect information not classified as state secret.

Cyber security in Vietnam

2. Civil cryptographic services include services of protection of information using civil cryptographic products; inspection and assessment of civil cryptographic products; and counseling on cyber information confidentiality and security using civil cryptographic products.

Trading in civil cryptographic products and services requires:

1. An enterprise that wishes to trade in civil cryptographic products and services on the list of civil cryptographic products and services shall obtain a license for doing so.

2. An enterprise shall be granted a license for trading in civil cryptographic products and services when fully meeting the following conditions:

a/ Having managerial, administration and technical staff members who meet professional requirements on information confidentiality and security;

b/ Having equipment and physical foundations suitable to the scale of provision of civil cryptographic products and services;

c/ Having a technical plan conformable with standards and technical regulations;

d/ Having a cyber information confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

e/ Having an appropriate business plan.

3. Civil cryptographic products shall be inspected and certified as conformable with regulations before being marketed.

4. To obtain a license for trading in civil cryptographic products and services, an enterprise shall pay a fee in accordance with the law on charges and fees.

5. The Government shall promulgate a list of civil cryptographic products and services and detail this Article.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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How to Apply For Trading License in Civil Cryptographic Products and Services?

According to Article 32, Law on Cyber Information Security, the application of licenses for trading in civil cryptographic products and services need to follow the following:

Cyber information law firm in Vietnam

1. An enterprise applying for a license for trading in civil cryptographic products and services shall submit a dossier of application for a license at the Government Cipher Committee.

2. A dossier of application for a license for trading in civil cryptographic products and services shall be made in two sets, each comprising:

a/ An application for a license for trading in civil cryptographic products and services;

b/ A copy of the enterprise registration certificate, investment registration certificate or another paper of equivalent validity;

c/ Copies of information confidentiality and security diplomas or certificates of managerial, administration and technical staff members;

d/ A technical plan, consisting of papers on technical characteristics and specifications of products; standards or technical regulations of products; standards and quality of services; technical measures and solutions; and product warranty and maintenance plan;
dd/ A cyberinformation confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

e/ A business plan, indicating the scope of provision and recipients of products and services, scale and quantity of products and services, customer service networks, and technical assurance.

3. Within 30 days after receiving a complete dossier, the Government Cipher Committee shall appraise it and grant a license for trading in civil cryptographic products and services; if refusing to grant a license, it shall issue a written notice clearly stating the reason.

4. A license for trading in civil cryptographic products and services shall be valid for 10 years.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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What Are Permits for Importing Cyber Information Security Products?

According to Article 48, Law on Cyber Information Security, the import licenses and permits required for Cyber information security products are regulated as following:

Cyber security in Vietnam

1.To import cyber information security products on the Government-prescribed list of cyber information security products subject to import permit, an enterprise shall obtain a permit for import of cyber information security products from a competent state agency.

2.Before importing cyberinformation security products, organizations and enterprises must have them certified and announced as conformable with regulations.

3.An organization or enterprise shall be granted a permit for import of cyberinformation security products when fully meeting the following conditions:

a/ Possessing a license for trading in cyber information security products;

b/ Having cyber information security products certified and announced as conformable with regulations;

c/ Ensuring that users and use purposes of cyber information security products do not harm national defense and security or social order and safety.

4.The Ministry of Information and Communications shall prescribe in detail the order, procedures and dossier for grant of a permit for import of cyber information security products.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.

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What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:

Cyber information law firm in Vietnam

1. Organizations and individuals that process personal information shall:

a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;

b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;

c/ Refrain from providing, sharing or spreading to a third party personal information they have collected, accessed or controlled, unless they obtain the consent of the owners of such personal information or at the request of competent state agencies.

2. State agencies shall secure and store personal information they have collected.

3. Owners of personal information may request personal information-processing organizations and individuals to provide their personal information collected and stored by the latter.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.

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What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are:

Cyber security lawyer in Vietnam

-Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace.

-Illegally affecting or obstructing the normal operation of information systems or the users’ accessibility to information systems.

-Illegally attacking, or nullifying cyberinformation security protection measures of, information systems; attacking, seizing the right to control, or sabotaging, information systems.

-Spreading spams or malware or establishing fake and deceitful information systems.

-Illegally collecting, utilizing, spreading or trading in personal information of others; abusing weaknesses of information systems to collect or exploit personal information.

-Hacking cryptographic secrets and lawfully enciphered information of agencies, organizations or individuals; disclosing information on civil cryptographic products or information on clients that lawfully use civil cryptographic products; using or trading in civil cryptographic products of unclear origin.

Our cyber lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.

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What Are Prohibited Acts Under the Law on Cyber Information Security?

The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are:

1.Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace.

Cyber information law firm in Vietnam

2.Illegally affecting or obstructing the normal operation of information systems or the users’ accessibility to information systems.

3.Illegally attacking, or nullifying cyberinformation security protection measures of, information systems; attacking, seizing the right to control, or sabotaging, information systems.

4.Spreading spams or malware or establishing fake and deceitful information systems.

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5.Illegally collecting, utilizing, spreading or trading in personal information of others; abusing weaknesses of information systems to collect or exploit personal information.

6.Hacking cryptographic secrets and lawfully enciphered information of agencies, organizations or individuals; disclosing information on civil cryptographic products or information on clients that lawfully use civil cryptographic products; using or trading in civil cryptographic products of unclear origin.

Our cyber lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.

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