Sunday, December 7, 2014

Database collection and requirement on local server maintaining in Vietnam

The law of Vietnam respects and protects the right to privacy so the collection, use and publication of information and data from the users of internet services must have the consent of such users.

In general, the web search portal service providers like foreign investor have their Term of Use and Privacy Policy which publish the scope of data collection and use, the methods of data protection and the responsibility of the service provider. Any user must accept those Term of Use and Privacy Policy before using the service. The Term of Use and Privacy Policy are the binding agreements between the service provider and the user.

We assume that foreign investor uses the cookies, e.g. HTTP cookie, web cookie, or browser cookie for collecting and saving the data from the restaurants and users with the purpose of providing web search results and improving its’ services, the law of Vietnam does not require the service provider to apply for a database license, other than the signed Term of Use and Privacy Policy.

Re. maintaining local servers, the Government of Vietnam has been providing the stricter and stricter regulations on the Internet and telecommunication service provider, especially the requirements on maintaining local servers. Generally speaking, the electronic information webpage and general electronic information webpage are required to have server system located in Vietnam to meet the information inspection, testing, storage and supply requested by the competent state agency or for resolving the customer complaints about service provision.

However, it needs to understand exactly what and how foreign investor will do relating to data collection to provide an entire advice whether foreign investor need to maintain a local server or not.