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Copyright © Media Law International 2019. All Rights Reserved.                                                                                                              

Specialist Guide to the

Global Leaders in Media Law Practice

VIETNAM

Vietnam’s National Assembly has passed

a cybersecurity law that includes provisions

for data localisation, establishing local offices and government control over

online content.


The law was approved in June 2018 and became

effective in January 2019. Its most significant

provisions include a requirement for onshore and offshore service providers to store data of

Vietnamese users in Vietnam.


The new law was met with opposition from

domestic and international groups over fears it would create a restrictive environment for technology companies, in turn causing economic harm.


Commenting on the legislative change, Jeff Paine,

AIC Managing Director, said: “These provisions

will result in severe limitations on Vietnams digital economy, dampening the foreign investment

climate and hurting opportunities for local

businesses and SMEs to flourish inside and

beyond Vietnam.”


Foreign governments believe the new law could

impede inbound investment while affecting organisations already operational in Vietnam.

Industry experts also say it is unreasonable to expect companies to go against the technology trend of cloud computing. The government believes the new law is necessary for the protection of citizens and national security.


Other developments over the past year include the continued expansion of television services.


In December 2018, the country’s first multi-platform channel was launched by Voice of Vietnam and the Ministry of Culture, Sports and Tourism. The new channel, Vietnam Journey, focuses on culture and tourism content.


At a press conference in January, Nguyen The Ky, President of Voice of Vietnam, said: “In the future, the channel will focus on the culture of Vietnam, family, clans, villages and their crafts, as well as urban areas. We should nurture culture because culture is the foundation of society, each family

and individual.”


TIER 1

Established in October 2006, Indochine Counsel is one of the leading business law firms in Vietnam. The firm provides professional legal services for corporate clients making investments and doing business in Vietnam. The legal practitioners at Indochine Counsel are well qualified and possess substantial experience from both international law firms and domestic law firms. The firm boasts more than 45 legal professionals working at the main office in Ho Chi Minh City and a branch office in Hanoi. Indochine Counsel’s objective is to provide quality legal services and add value to clients through effective customized legal solutions that work specifically for the client. The firm represents local, regional and international clients in a broad range of matters including transactional work and cross-border transactions.


Frasers Law Company’s local and regional expertise makes it a leading firm for media law advice. The team’s sector specialisation includes broadcast and new media. In representative work lawyers advised on a joint venture proposal with a local state-owned telecommunications company for joint satellite operation in a case involving cross-border elements, television broadcasting and pay-television.


Tilleke & Gibbins works with multinational clients, many of which are US-based. In highlighted cases the firm acted for a publicly traded US video game company on local regulation, setting up an online game business and virtual currency issues. The team also acted for a US television network on requirements for foreign programming channels entering the local pay-television market.


TIER 2

Allens is one of the largest foreign firms. Present since 1993, the practice lawyers act for television broadcasters, pay television operators, radio stations and production companies. Lawyers also advise publishing clients, film producers and record companies. Managing partner Bill Magennis leads the TMT group working closely with the firm’s international network of lawyers.


Audier & Partners is best known for its corporate focus and dispute resolution. Highly regarded by competitors, the firm specialises in corporate sector-related work that includes mergers and acquisitions, joint ventures and restructuring. Managing partner Nicolas Audier leads the practice and works closely with key practitioner Nicolas Picard on media and distribution cases.


Leadco Legal Counsel acts for leading TMT clients in cases involving intellectual property, corporate law and regulatory matters. The firm assists with investment projects and transactions derived from convergence schemes. Acting for Globsis Telecom Technologies, Phan Nguyen Toan and Duong Quang Long assisted the software company in setting up a 100 per cent foreign-owned enterprise providing digital content on mobile devices.


YKVN lawyers combine local and international experience with TMT sector focus. The team assists with cross-border transactional cases, foreign investment, litigation and arbitration. Under the leadership of Truong Nhat Quang, the team advises multinational clients on various matters connected with copyright and neighbouring rights.  


TIER 3

Media lawyers at Duane Morris regularly advise clients on defamation and libel lawsuits, invasion of privacy and public disclosure laws. Lawyers have extensive knowledge of multiple segments of the media industry and work with actors, authors, film producers and record companies. The team also advises on gaming and related tax matters.


Copyright specialist Russin & Vecchi has strong affiliations with law firms worldwide. Key practitioners Do Anh Tuan and Nguyen Ho Bich Hang regularly advise on cases that include cross-border elements. As part of its focus on emerging markets, the firm works closely with peers in Moscow, Vladivostok, Washington and Yuzhno-Sakhalinsk.


TIER 4

With two decades of experience, Vilaf has an established position and is known for its advice to foreign investors. The firm’s industry focus stems from its telecoms work and convergence-related transactions. It is one of the largest practices nationally and highlighted by peers for litigation and arbitration skills.


IP specialist Vision & Associates litigates and advises on all matters connected with copyright and IP commercialisation. The firm has notable strength in cross-border and multi-jurisdictional transactions that include IP licensing, franchising, acquisitions and transfer. Other areas of focus include agreement negotiation and dispute resolution.


Top

TIER 1

Indochine Counsel

Frasers Law Company

Tilleke & Gibbins


TIER 2

Allens

Audier & Partners

Baker McKenzie

Leadco Legal Counsel

YKVN


TIER 3

Duane Morris

Freshfields Bruckhaus Deringer

Russin & Vecchi


TIER 4

Mayer Brown JSM

Vilaf

Vision & Associates

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