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Copyright © Media Law International 2018. All Rights Reserved.

Specialist Guide to the

Global Leaders in Media Law Practice

VIETNAM

Government awareness and action around cyber security prevention represents a significant development at a time when censorship of political content is crucial.


The Ministry of Public Security (MPS) released its first draft of the Law on Cybersecurity, which was released for public consultation between June and August 2017.


The draft law aims to address cyber security concerns by allocating governing powers to the MPS, allowing it to develop cyber security strategies, oversee the conformity of cyber security products and services and supervise cyber security activities of telecos and internet services.


Commenting of the draft law, Waewpen Piemwichai, Tilleke, said: “This Draft Cybersecurity Law has been widely criticised in Vietnam in that it imposes onerous measures and liabilities on telecom and internet service providers.”

He added: “If the Draft Cybersecurity Law is promulgated as currently written, it would potentially impede the digital economy and the growth of telecom and internet services in Vietnam as it prevents free flow of data.”


Lawyers predict cyber security will continue to be a dominant area of focus throughout 2018, along with internet-based voice and text services as the Ministry of Information and Communications considers a draft OTT circular.

 

According to practitioners, the OTT market is gaining traction as video consumption over mobile networks increases. Driven by a rise in smartphone adoption and competitive data plans, mobile data services are expected to contribute to high revenue market growth.

TIER 1

The media, technology and IP department at Indochine Counsel is one of the firm’s strongest practice groups. An entertainment focus drives the firm’s sector development along with e-commerce and data privacy. The team also advises on internet marketing, online promotion programs and contests. Other areas of work include drafting content and production agreements.


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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