However, the rapid development of these technologies also poses many legal, ethical and social challenges. The article analyzes the role of law on artificial intelligence and digital technology in establishing a legal corridor for scientific and technological development in Vietnam, evaluates the current state of existing laws and thereby proposes some orientations for improvement to create a legal breakthrough, contributing to sustainable development.
Keywords: Artificial intelligence, digital technology, law, innovation, Vietnam.
CONCEPT OF ARTIFICIAL INTELLIGENCE
Artificial Intelligence (AI) is a technology that enables machines, especially computers, to “learn” and “think” like humans. Artificial intelligence differs from logical programming in programming languages in the application of machine learning systems to simulate human intelligence in processes that humans perform better than computers. Specifically, artificial intelligence helps computers acquire human intelligence such as: knowing how to think and reason to solve problems, knowing how to communicate by understanding language and speech, knowing how to learn and adapt,...
* Advantages of AI include:
- Superior productivity: Automating repetitive tasks, freeing human labor. Processing information at enormous speed and volume, far exceeding human capabilities. Operating continuously 24/7 without needing rest.
- High accuracy: Minimizing errors caused by humans. Making decisions based on data and algorithms, less influenced by emotions. Analyzing complex data to deliver more accurate results.
- Creative capability: Supporting humans in creative fields such as art, music, design. Finding new, breakthrough solutions to complex problems.
- Personalized experience: Providing personalized services and products based on user preferences and behavior. Enhancing customer experience in many fields such as shopping, entertainment, education.
- Solving global problems: Applications in fields like healthcare, environment, energy to address global challenges. Analyzing big data to predict and prevent risks.
* Disadvantages of AI include:
- Risk of job loss: Automation can replace humans in many fields, leading to unemployment. Requiring workers to adapt and upskill to meet new demands.
- Discrimination: AI algorithms can be biased due to lack of objective input data or carrying prejudices. Leading to unfair decisions, affecting vulnerable groups.
- Ethical issues: Concerns about AI exceeding human control. Using AI for malicious purposes such as developing autonomous weapons, manipulating information.
CURRENT STATE OF ARTIFICIAL INTELLIGENCE (AI) USE IN VIETNAM BEFORE THE 2025 ARTIFICIAL INTELLIGENCE LAW WAS PROMULGATED
1. Level of AI application in life and economy
- User and business interaction: Vietnamese people access and use AI very widely, according to the e-Conomy SEA 2025 report, Vietnam leads Southeast Asia in AI readiness and trust. About 81% of users use AI features daily, 83% participate in learning and upskilling related to AI and 96% are willing to share data for AI agents. The number of AI startups exceeds 40 and total investment capital has increased strongly.
- Applications in industries:
AI is applied in many fields:
- In government and public services, virtual assistants support responses, smart monitoring systems, facial recognition in security, smart traffic monitoring,...
- In finance, e-commerce, customer service: using AI in chatbots, customer data analysis, product recommendations.
- Education and healthcare: beginning to apply supportive learning and diagnostic solutions, though still limited.
- International cooperation projects such as Qualcomm’s AI research center in Vietnam show commitment to expanding R&D in this field.
2. Infrastructure, human resources, and challenges
- Human resources and technological capacity: Lack of high-quality human resources is one of the main barriers. AI enterprises in Vietnam report difficulties in recruiting engineers and AI experts. On the other hand, databases, computing infrastructure and technical standards are at an initial development level but not yet synchronized and strong like in developed countries.
- Current legal framework still inadequate: Before the AI Law was promulgated, Vietnam did not have a specialized law for AI. Related regulations on AI were scattered in: Digital Technology Industry Law (draft) - with provisions on principles for AI along with other digital technologies. National strategic policies encourage AI development but still lack specific rules regulating AI systems and legal responsibility when AI causes harm. In addition, legal gaps lead to risks such as disputes over intellectual property rights with data used to train models, lack of mandatory standards on transparency and ethics in AI use.
3. Awareness and social response
Users in Vietnam interact with AI very positively, but awareness of ethical risks, privacy, and AI transparency is still limited. Forums and communities discuss how AI changes the labor market, impacts artists and copyrights, showing social concerns about legal and ethical issues with much debate.
4. Reasons for promulgating the 2025 Artificial Intelligence Law
Before the Artificial Intelligence Law was promulgated, Vietnam was in a phase: Rapid growth in AI applications, widespread users and an attractive market for startups. But without a specialized legal framework to regulate risks related to safety, ethics, transparency and protection of people's interests, especially in high-risk AI systems. Therefore, the AI Law needs to be developed and promulgated to: Regulate AI risk classification based on harm level; Require user transparency when interacting with AI; Manage high-risk systems; Create standards for developing “responsible” AI.
OVERVIEW OF THE ARTIFICIAL INTELLIGENCE LAW
- The Artificial Intelligence Law (Law No. 134/2025/QH15) was promulgated on December 10, 2025; the Law takes effect from March 1, 2026. This is a framework law, flexible and adaptable to technological development. The Law systematically and comprehensively regulates measures to balance management and promotion of research, development, deployment and application of artificial intelligence in Vietnam. The Artificial Intelligence Law places humans at the center with the supreme principle that artificial intelligence (AI) serves humans, does not replace humans, humans supervise artificial intelligence in critical decisions; artificial intelligence must be transparent, responsible and safe. The Artificial Intelligence Law manages artificial intelligence systems according to risk levels, encourages domestic artificial intelligence development and self-reliance in artificial intelligence, taking artificial intelligence as a driver for fast, sustainable growth and ensuring national digital sovereignty.
- The content of the Artificial Intelligence Law inherits and abolishes provisions on artificial intelligence in the Digital Technology Industry Law No. 71/2025/QH15; supplements “legal gaps” to perfect the law on artificial intelligence. Selectively references laws and practical experiences on artificial intelligence development trends of some countries suitable to Vietnam's practical conditions, laws and international treaties to which Vietnam is a member.
- Scope of regulation of the Law: Applies to both domestic and foreign organizations and individuals developing, providing and using AI systems in Vietnam. At the same time, AI systems solely serving national defense, security, or separate encryption have other specialized regulations.
- Core principles of the Law include:
+ Placing Humans at the center (“Human-centred”) - AI serves humans, does not replace human authority and responsibility; humans maintain control over important decisions.
+ Balanced development and control: Both promoting innovation and controlling risks related to safety, ethics, data and privacy.
+ Ensuring transparency and responsibility: Organizations and developers bear direct responsibility for AI products and consequences caused by the system.
+ Respecting Vietnamese cultural values and laws: AI algorithms and content must comply with Vietnamese cultural values, laws and customs.
- The Law's risk-based management system applies a management model based on AI system risk levels: digitalpolicyalert.org; High-risk systems must comply with stricter control regulations; Medium and low systems are subject to appropriate corresponding supervision, with less administrative intervention.
- Requirements for AI applications include:
+ Transparency and labeling AI content - meaning content generated by AI (images, audio, video, fake text...) must be clearly labeled to help users identify.
+ Regarding legal responsibility: AI providers and deployers bear responsibility for compensating damages if AI causes harm.
+ Regulations for foreign organizations: Foreign AI providers must have a legal representative or representative address in Vietnam, especially when providing high-risk AI systems.
- Policies to promote AI development: The Law not only manages but also supports AI, specifically:
+ National AI development fund and preferential mechanisms to support enterprises, especially AI startups.
+ Testing environment (sandbox) allowing AI piloting in certain cases without full legal responsibility during the testing phase.
+ Encouraging integration of digital skills and AI ethics education into general education and training.
- Relationship with other laws and international standards: The 2025 AI Law is designed to more specifically regulate existing laws on data, digital technology, privacy, while referencing international AI standards (such as the EU AI Act).
The birth of the 2025 Artificial Intelligence Law is a major step forward for Vietnam not only to effectively regulate and control AI but also to participate deeper in the global technology market. The Law orients AI development towards fast - safe - humane directions, suitable to the national strategy on AI and digital transformation.
ROLE OF LAW IN ARTIFICIAL INTELLIGENCE DEVELOPMENT
Laws governing artificial intelligence (AI) and digital technologies play a pivotal role in the following respects:
1. Establishing a stable and transparent legal framework: The law creates a stable and transparent legal environment for organizations and individuals engaged in AI research, development and application. Through regulations on investment, intellectual property rights and technology transfer, the legal framework encourages scientific and technological innovation while facilitating the commercialization of research outcomes.
2. Controlling risks and protecting human rights: AI has the potential to significantly affect fundamental rights, including the rights to privacy, equality, and access to information. The law serves to safeguard these fundamental values by requiring transparency, accountability and ethical standards throughout the development and deployment of AI systems.
3. Managing technological risks: AI technologies may pose risks such as violations of privacy, discriminatory decision-making and the erosion of human responsibility in critical decision-making processes. The law establishes necessary safeguards by requiring algorithmic transparency, accountability and the protection of human rights, thereby ensuring that AI systems are developed and used responsibly.
4. Promoting sustainable development: Through legal regulation, the State can guide AI development toward achieving socio-economic objectives, safeguarding national security and serving the public interest. At the same time, the law helps prevent the misuse of AI technologies for harmful purposes and ensures a balanced relationship between technological advancement and fundamental social values.
ARTIFICIAL INTELLIGENCE LAW: A BREAKTHROUGH FOR SCIENCE AND TECHNOLOGY DEVELOPMENT
The establishment of a comprehensive and modern legal framework for artificial intelligence and digital technologies can generate significant breakthroughs in several respects, including:
- Promoting the innovation ecosystem by creating favorable conditions for technology enterprises, particularly AI startups, to thrive and expand.
- Enhancing national competitiveness by enabling Vietnam to participate more proactively in the global digital technology value chain.
- Attracting domestic and foreign investment through the establishment of a transparent, stable and predictable legal environment that strengthens investor confidence in high-tech industries.
- Ensuring responsible development by maintaining an appropriate balance between fostering innovation and safeguarding the interests of society, thereby supporting the sustainable and ethical advancement of artificial intelligence.
Specific comparison between the 2025 Artificial Intelligence Law (effective from March 1, 2026) and previous legal frameworks related to AI in Vietnam, to clearly see new points, expansions and filling “legal gaps”:
1. Regarding scope of regulation:
- 2025 Artificial Intelligence Law: The first specialized law in Vietnam comprehensively regulating all AI-related activities: research, development, provision, deployment, operation and risk management. Regulating principles, rights-obligations, state management mechanisms and violation handling specifically for AI.
- Previous legal framework: No separate law for AI, AI mentioned in other laws such as: Digital Technology Law / Digital Technology Industry Law 2025, with provisions on principles for developing and controlling digital technology, including AI; National strategies and decisions such as the National Strategy on AI to 2030 and related documents on data and information security. No separate regulations on AI classification, risk levels, AI transparency responsibility or specific AI violation handling as in the new law.
2. Principles and management objectives:
- 2025 AI Law: Sets core principles including: “Humans at the center” - AI serves humans, does not replace human rights and responsibilities; Ensuring safety, transparency, objectivity, no bias and no discrimination; Must comply with Vietnamese ethical and cultural values.
- Previous legal framework: Digital Technology Law and strategies only generally state principles for technology development without specific definitions on transparency responsibility, ethical principles, or commitments to protect human rights related to AI products; Lack of clear regulations on risk classification principles for AI based on potential harm levels.
3. Classification and risk-based management:
- 2025 AI Law: Classifies AI systems by risk level (low → high → unacceptable) and adjusts compliance requirements accordingly (transparency, labeling, monitoring, incident handling); High-risk systems must meet additional standards, self-assessment and post-audit.
- Previous legal framework: No AI risk classification regulations in general law; Transparency or AI product labeling requirements often only in enterprise internal regulations or recommended international standards, not mandatory by law.
4. Transparency, AI labeling, and user information:
- 2025 AI Law: Requires disclosure of some basic information, for example: Users must know they are interacting with AI (instead of guessing); AI-generated content (deepfake, images, audio, video) must have clear labels to avoid confusion or deception.
- Previous legal framework: No clear legal requirements on labeling AI-generated products or mandatory transparency for users.
5. Legal responsibility and violation handling:
- 2025 AI Law: Determines specific legal responsibility for: Developers, AI providers, deployers. Regulates administrative sanctions for non-compliance, possibly up to penalties based on previous year's revenue for serious violations. Protects user interests and requires compensation if AI causes damage.
- Previous legal framework: Related laws such as Digital Technology Law or Cybersecurity Law only handle general technology violations, lacking specialized provisions for direct errors from AI systems (e.g., AI causing damage, discrimination, medical errors due to AI...).
6. Reporting and state management role:
- 2025 AI Law: Clearly regulates the State's role in: Developing technical standards, risk assessment; Issuing key data lists; Monitoring and updating high-risk AI lists.
- Previous legal framework: The State only indirectly regulates AI through laws on digital technology, data, security - no synchronized centralized management mechanism for AI.
SOME ORIENTATIONS FOR PERFECTING THE LAW
To make law truly a driver for scientific and technological development, during implementation, consider further improvement according to the following orientations:
- Need to research building a law or unified legal framework on artificial intelligence.
- Continue perfecting law on data and privacy protection in the digital environment.
- Establish legal testing mechanisms (regulatory sandbox) for digital technology and AI.
- Strengthen international cooperation and absorb advanced legal experiences.
- Integrate ethical principles, social responsibility and human rights in AI law.
In conclusion, laws on artificial intelligence and digital technologies are not merely instruments for the State to perform regulatory and governance functions, but also play a particularly important role in guiding and promoting innovation and the development of science and technology in the digital era. In the context of the strong momentum of the Fourth Industrial Revolution, artificial intelligence and digital technologies are increasingly becoming core foundations for economic growth, productivity enhancement and national competitiveness. Therefore, the development and improvement of the legal framework in this field are of strategic significance to the country’s long-term development trajectory.
A comprehensive, coherent, and transparent legal framework will create a safe and stable legal environment for research, development, application and commercialization of products and services based on artificial intelligence and digital technologies. The law should not only function as a mechanism for risk control and for protecting the legitimate rights and interests of the State, organizations and individuals, but also act as a development-enabling tool that encourages experimentation, innovation and investment in key technology sectors. At the same time, improving the legal framework contributes to safeguarding fundamental values such as human rights, privacy, data security, technological ethics and social responsibility in the application of artificial intelligence.
Furthermore, aligning and harmonizing national legislation with international standards, practices and treaties on artificial intelligence and digital technologies will enhance Viet Nam’s capacity for international integration, expand international cooperation and enable deeper participation in global value chains. This also provides an important foundation for strengthening technological autonomy, developing high-quality human resources and building a sustainable innovation ecosystem.
Thus, improving the legal framework on artificial intelligence and digital technologies will create a fundamental legal breakthrough, contributing to the realization of the goal of national development based on knowledge, science, and technology and gradually positioning Viet Nam as a modern, developed country with a solid standing in the future./.
Dr. Nguyen Xuan Toan
REFERENCES:
- Artificial Intelligence Law 2025
- Intellectual Property Law (Amended) - Article 7.5 related to AI
- Digital Technology Law/Digital Technology Industry Law
- Other related legal provisions: Resolution No. 57-NQ/TW on developing AI as a national priority technology; Data policies, privacy, personal data protection.
- Documents from the Ministry of Science and Technology – introducing the “4 main pillars” of the AI Law
- Article on perfecting the legal framework to promote the AI ecosystem in Vietnam (baomoi.com)
