Comparative Study On Sino-Vietnam Cybersecurity Legislation And Regional Cooperation

Entire segments of public life, including such diverse sectors as culture, entertainment, business, and research, have been revolutionized by the new technology. Especially, the information technologies have become global phenomena for symposium. This new information technology changes things very rapidly and fundamentally, so that society is undergoing an enormous structural transformation. The result of creation from the advanced information technology is the new virtual world named as cyberspace. This information revolution is currently transforming the world. Society has explicitly fostered in information and digital age for the improvement of commerce, education, health care, politic and other aspects. However, the growth of the information society within cyberspace is accompanied by new and serious threats. Despite the advantage of digital information bringing into the society, various issues at the same time are concerned by lawmakers and experts about information-system security – often referred to as cybersecurity. The frequency, impact, and sophistication of such systems have added urgency to the concerns, especially in developing countries. The fast growth of Internet in Vietnam is not an exception. Cyberspace is not a new concept in Vietnam; however, the great challenges from this sector remain and have become even greater than before. Therefore, Vietnamese government is now in the position of promptly finding the appropriate legal measures in order to secure Internet system.Specifically, this paper contains 4 main parts.In the first part of this dissertation, the nature of cyberspace is briefly explained and the security that needs to protect this cyberspace is determined in order to understand the potential threat in the cyberspace.Moreover, the risks in cyberspace caused by the attack of criminals are much different from traditional crime. The second part is therefore to identify the legal issues of cybercrime. The division of these different cyber-attacks in cybercrime purpose into manageable components facilitates the development of national and international law governing the rights and duties of individuals and nations in the harmonized legal measures with respect to each category of activity. This approach can help address the shortcomings of present national and international legal frameworks in a more effective manner as the common domestic issues of cybercrime keep cropping up in any developing countries.Thirdly, Vietnam at its turn of the Millennium has embarked on the path of an accelerated and relatively comprehensive development of the Information Communication Technology(ICT) sector, largely driven and supported by a proactive governmental policy in this area. By 2020, Vietnam aims actually to reach the status of a country above the overall average of Southeast Asia region in terms of information society achievements. While Vietnam appears as a country with great potential in the ICT and digital sector, it faces many obstacles and challenges in order to be able to make the most of its resources in this area and achieve its ambitious goals. Managing the issue of cybersecurity is one of the major challenges facing Vietnam. Aware of the vulnerability and the permeability of the Vietnamese cyberspace, the Vietnamese government has undertaken to formulate and implement a new cybersecurity policy, whose first foundations were laid relatively recently. Therefore, the evaluation and analysis of the current situation of Vietnam's cybersecurity as the third part of this comparative study are taken into consideration by looking at the historical development in the field of internet and telecommunication, institutional regulatory mechanisms, and different legal measures that Vietnamese government has undertaken.In the fourth part of this paper, China is taken as a country for the purpose of comparative study. The reason is that China has emerged as a nation with its cybersecurity is one of prioritized policies. Especially, China is also nation that the researcher enrolled in the program designed by ChinaASEAN legal research center(CALC) which both ASEAN and China experts commit their research to build up a cooperation platform in various fields including cybersecurity. In recent years, the cooperation between China and ASEAN is rapidly grown and lack of mechanism for cybersecurity could cause the huge economic loss when trading system today relies much on internet. Vietnam and China are neighbor countries having the same political system, law and long established relationship from the first date of countries' independence. Hence, determining the possibility of cybersecurity cooperation between China and Vietnam can be the opportunity to build and develop a cybersecurity applicable for China-ASEAN cooperation in future.