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| Suspects and exhibits involved in a case of cross-border internet fraud Photo: VNA |
On August 8, the United Nations Ad Hoc Committee on Cybercrime approved the draft of a Convention against Cybercrime. Following this significant development, Permanent Deputy Minister of Foreign Affairs Nguyen Minh Vu talked with media about this global issue.
Could you tell us about the negotiation process for the United Nations Convention on Cybercrime Prevention?
The negotiation process for the United Nations (UN) Convention on Cybercrime Prevention stands out as one of the most significant diplomatic efforts at the UN in recent years, with direct contributions from over 150 countries. Several key factors explain the considerable attention and support this process has received.
Firstly, cybersecurity has emerged as a major concern for the international community, fueled by the explosive growth of information and communications technologies. While cyberspace brings immense benefits, the rise in cybercrime has become increasingly alarming.
Cyberattacks have evolved rapidly in both form and scale, posing serious threats to the economic, political and social stability of nations. They undermine sovereignty and erode trust between countries due to the cross-border and anonymous nature of cyberspace.
However, the UN currently lacks a unified legal framework to facilitate international cooperation in sharing information, coordinating investigations and gathering evidence related to cybercrime. This highlights the urgency of developing and adopting a UN convention on cybercrime prevention.
Secondly, the draft convention is expected to establish a legal framework that strengthens international cooperation in combating cybercrime.
It affirms the sovereignty and responsibility of each nation in preventing cybercrime while safeguarding fundamental human rights online. The draft criminalizes 11 of the most egregious forms of cybercrime, standardizes six specialized operational measures and sets up a round-the-clock cooperation mechanism between law enforcement agencies of countries to ensure timely and effective judicial assistance.
It also encourages collaboration with experts, associations and technology companies to prevent and combat cybercrime. Moreover, it allows for early discussions on additional protocols to keep pace with the rapid advancement of technology and emerging types of cybercrime.
Thirdly, once in force, it will become the first global international legal instrument to govern cyberspace, reinforcing the UN’s role in promoting international law to establish a cooperative framework for addressing cyberspace issues.
The convention will also bolster and further develop the UN’s body of international legal instruments in crime prevention, such as the UN Convention against Corruption and the UN Convention against Transnational Organized Crime.
The consensus among nations on the draft convention underscores the value and importance of multilateralism at the UN in addressing common challenges facing the international community.
The draft convention is the result of a negotiation process that required compromise on differing, and sometimes conflicting, national perspectives, interests and practices concerning the convention’s scope, principles of law enforcement, international cooperation and technology transfer.
As such, the successful negotiation of the draft convention is highly encouraging, particularly for developing countries, as it helps narrow the digital divide between nations.
What significance does the approval of the draft convention hold for Vietnam?
Vietnam is among the world’s top nations in terms of internet penetration, with 78.44 million users as of early 2024, representing 79.1 percent of the population.
In 2023, official statistics recorded nearly 16,000 reports of online fraud, leading to losses of VND 390 trillion, a significant 64.78 percent increase from the previous year.
Since the start of 2023, Vietnam has experienced over 13,750 cyberattacks on its information systems, resulting in serious incidents.
Recognizing the growing threat from cybercrime and the need for enhanced international collaboration, the Ministry of Foreign Affairs, Ministry of Public Security and other authorities of Vietnam have been actively involved in the discussions and negotiations of the convention since its early stages in 2022.
Vietnam’s consistent support for establishing the negotiation mechanism and its active engagement throughout the eight session of the specialized committee highlight the country’s role as a responsible and proactive member of the international community, contributing to global issues and fostering international peace and stability. The approval of the draft convention is highly significant for Vietnam for several reasons.
First, it provides a comprehensive legal framework that allows Vietnamese authorities to build and strengthen cooperation with law enforcement agencies worldwide. Given the transnational nature of cybercrime, such international cooperation is essential for enabling timely investigations, information sharing and evidence collection needed for prosecution and judicial processes.
Second, it addresses the existing disparities in technological capabilities and digital infrastructure among countries. It offers developing nations, including Vietnam, access to technical support, capacity-building resources and technology transfer, which will enhance their ability to prevent and respond to cybercrime. This will contribute to creating a safer and more robust global cyberspace.
Third, Vietnam’s early involvement and significant contributions to discussions on law enforcement, capacity building and technology transfer, as well as its role in coordinating procedural measures, have been impactful.
Through an inter-agency approach, Vietnam has engaged comprehensively in all aspects of the convention, including diplomatic, legal and technical areas.
This engagement reflects Vietnam’s commitment to actively shaping multilateral institutions and the international political-economic order, as outlined in the Political Report of the 13th National Party Congress, and aligns with Directive 25 of the Party Central Committee’s Secretariat on enhancing and elevating multilateral diplomacy by 2030.
What are the next steps following the Committee’s approval of the draft convention?
Once adopted by the Committee, the draft will be submitted to the UN General Assembly for formal adoption by the 193 member states at the earliest opportunity. After this, it will be open for signature by countries until December 31, 2026.
Moving forward, the Ministry of Foreign Affairs, Ministry of Public Security and other related agencies of Vietnam will need to focus on the official ratification, signing and approval of the convention. This involves reviewing and updating Vietnam’s legal frameworks to ensure effective implementation of the convention’s provisions, considering the specifics of cybercrime.
Additionally, investment in infrastructure and technological capabilities will be necessary to ensure compliance with the convention’s requirements. It will also be important to collaborate with the UN and international partners to develop an appropriate technical support program tailored to the needs of Vietnamese authorities.
The convention’s approval marks the beginning of a comprehensive process that will require active and coordinated efforts from all involved ministries and agencies.-
