Identifying AI Products in Vietnam

(under New Digital Technology Industry Law 2025)

On June 14, 2025, the National Assembly passed the Digital Technology Industry Law 2025 (Law No. 71/2025/QH15). Accordingly, it stipulates that digital products generated by artificial intelligence (AI) must bear identification markings starting from January 1, 2026. Below is an update from Viet An Law on the new regulations on identifying AI products in Vietnam under the Digital Technology Industry Law 2025.

What is an artificial intelligence (AI) system?

Artificial intelligence (AI) refers to the field of research and development focused on building computer systems capable of performing tasks that typically require human intelligence. AI encompasses a variety of technologies and techniques, including:

• Machine Learning: Systems capable of learning from data and improving performance over time without being explicitly reprogrammed.
• Natural Language Processing: Enables computers to understand, analyze, and generate human language, such as in chatbots or virtual assistants.
• Computer Vision: Enables computers to recognize and analyze images or videos.
• Robotics: Integrates AI to develop robots capable of automation and executing complex tasks.

Artificial intelligence is a foundational technology of the Fourth Industrial Revolution, playing a critical role in driving breakthroughs in productivity, enhancing national competitiveness, and promoting sustainable economic growth.

According to Clause 9, Article 3 of the Digital Technology Industry Law 2025, an artificial intelligence system is a machine-based system designed to operate with varying levels of autonomy and capable of adapting after deployment to achieve explicitly defined or implicit objectives. It infers these objectives from the input data it receives, generating predictions, content, recommendations, or decisions that can impact physical or digital environments. An AI system is a digital technology product that integrates hardware, software, and data.

Identifying AI products in Vietnam under the Digital Technology Industry Law 2025

Digital products generated by AI must bear identification markings starting from January 1, 2026

According to Article 44 of the Digital Technology Industry Law 2025, the regulations on identification markings for artificial intelligence systems are as follows:

“Article 44. Regulations on identification signs for AI systems

..1. Any AI system that directly interacts with humans must provide a notice to inform users that they are interacting with an AI system, excluding cases where users are clearly aware that they are interacting with such a system.

…2. Digital technology products, included in the list of digital technology products created by AI, must bear identification signs so that they can be recognized by users or machines.”

Therefore, identification markings for AI-generated products:

• Digital technology products included in the List of AI-generated products must carry distinct identification markings.
• These markings enable users or other systems to easily recognize that the product originates from an AI system.
• Such products may include text, images, audio, video generated by AI; digital content that has been synthesized, edited, or simulated by AI; or products integrated with AI for interaction with users.

List of digital technology products created by artificial intelligence

According to Clause 3, Article 44 of the Digital Technology Industry Law 2025, the Minister of Science and Technology is responsible for issuing the List of digital technology products created by artificial intelligence.

As of now, the Ministry of Science and Technology has not issued specific guidelines on this List.

Significance and impact of the regulation

• Article 44 of the Digital Technology Industry Law 2025 reflects the State’s stance on responsible AI development, establishing a legal framework to minimize the risks of technological abuse.
• It helps build trust among society and the market in adopting AI-enabled products and services.
• The regulation contributes to aligning with international standards, particularly mirroring the EU AI Act 2024 and other global AI governance policies, especially in terms of transparency requirements.

Responsibilities of developers, providers, and implementers of AI systems

Entities involved in the development, provision, and deployment of artificial intelligence systems include:

• The developer of an artificial intelligence system refers to an individual or organization engaged in research and development of AI systems.
• The provider of an artificial intelligence system refers to an individual or organization that places an AI system on the market under a trademark owned by that entity.
• The deployer of an artificial intelligence system refers to an individual or organization with the authority to manage and operate the AI system.

Article 45 of the Law on Digital Technology Industry 2025 stipulates the responsibilities of entities in the activities of developing, providing, and deploying the use of artificial intelligence systems as follows:

Developer of an artificial intelligence system

Is responsible for ensuring compliance with principles related to the development, provision, and deployment of AI, including:

• Serving human prosperity and well-being, placing humans at the center, enhancing productivity and efficiency, promoting intelligent transformation; ensuring inclusive, flexible, fair, and non-discriminatory access; respecting ethical values, national identity, as well as human rights, civil rights, and the legitimate rights and interests of individuals and organizations;
• Ensuring transparency, accountability, explainability, and that the system remains under human control;
• Ensuring safety and cybersecurity;
• Complying with legal regulations on data and personal data protection;
• Ensuring the controllability of AI algorithms and models;
• Managing risks throughout the lifecycle of the AI system;
• Complying with consumer protection laws and other relevant legal regulations.

Provider of an artificial intelligence system

The provider of an artificial intelligence system is responsible for:

• Complying with the principles governing the development, provision, and deployment of artificial intelligence systems as outlined above;
• Complying with the regulations on identification markings for artificial intelligence systems, as previously mentioned;
• Complying with regulatory requirements when providing high-risk AI systems or AI systems with significant impact.

Deployer of an artificial intelligence system

The deployer of an artificial intelligence system is responsible for:

• Serving human prosperity and well-being, placing humans at the center, improving productivity and operational efficiency, promoting intelligent transformation; ensuring inclusive, flexible, fair, and non-discriminatory access; respecting ethical values, national identity, human rights, civil rights, and the lawful rights and interests of individuals and organizations;
• Ensuring transparency, accountability, explainability, and that the system remains under human control;
• Ensuring safety and cybersecurity;
• Complying with legal provisions on data and personal data protection;
• Managing risks throughout the entire lifecycle of the artificial intelligence system;
• Complying with regulatory requirements when deploying high-risk AI systems or AI systems with significant impact.

Note on regulations for high-risk AI systems and AI systems with significant impact.

High-risk artificial intelligence systems

This is an artificial intelligence system which, in certain use cases, has the potential to cause serious risks or significant harm to human health, human rights, civil rights, the lawful rights and interests of organizations and individuals, public interest, and public order and social safety, except in the following cases:

• Intended to perform one or several specific tasks, with a limited scope of impact;
• Intended to assist humans in optimizing work outcomes;
• Intended to check for errors in tasks previously completed by humans and not intended to replace human decision-making.

Artificial intelligence system with a significant impact

This is an artificial intelligence system that is used for general-purpose applications, with a large number of users, a large number of parameters, and a large volume of data.

Accordingly, management requirements for high-risk artificial intelligence systems and artificial intelligence systems with significant impact include:

• Technical requirements;
• Transparency in storing and providing information;
• Data governance;
• Monitoring and inspection;
• Cybersecurity and safety;
• Other requirements.

This concludes the overview of identifying AI products in Vietnam under the Digital Technology Industry Law 2025. If you have any questions or require legal consultation regarding AI-related issues, please contact Viet An Law for expert advice and dedicated support!