Without transparency and freedom of expression, the Hà Nội Convention could turn “cybersecurity” into “cyber surveillance,” threatening the privacy of internet users.
On Oct. 25–26, Việt Nam hosted the signing of the “Hà Nội Convention” in its capital city. Officially, the United Nations Convention against Cybercrime is regarded as the first global legal instrument under the United Nations to combat cross-border cybercrime, covering a wide range of offenses—from attacks on infrastructure, unauthorized access, and data breaches to online fraud and the sexual exploitation of children. [1]
The choice to have Việt Nam as the host country is significant. On one hand, it reflects the nation’s growing role in multilateral cooperation and digital governance. The convention marks an important milestone in Việt Nam’s 48-year membership in the United Nations (1977–2025), representing a concrete step in the organization’s ambition to shape a global framework for digital governance. [2]
On the other hand, amid increasing criticism that the Vietnamese government suppresses online freedom of expression, choosing Việt Nam as the host nation raises questions about how the convention will be implemented and whether it will truly protect online freedoms. [3]
Background and Content of the Hà Nội Convention
The Hà Nội Convention was opened for signature on Oct. 25, 2025, in Hà Nội, and will remain open for signing at the United Nations Headquarters in New York until Dec. 31, 2026, according to the “Overview” section on the Government Electronic Portal.
“The Convention shall enter into force, and become legally binding, 90 days after 40 states have expressed their consent to be bound by depositing their instruments of ratification, acceptance, approval, or accession.” [4]
The Convention provides a common legal framework for countries to investigate, prosecute, and prevent transnational cybercrime. [5] Under the treaty, member states concerned about unauthorized access to information systems, data interference, or attacks on critical network infrastructure will cooperate by sharing electronic evidence, offering mutual legal assistance, and exchanging technical information.
Its stated mission is to address the urgent need to close legal loopholes between countries and overcome the slow, fragmented responses of multilateral systems to cyber threats. [6]
Việt Nam’s Role and Motivation
From Việt Nam’s perspective, hosting the signing ceremony in Hà Nội is a strategic choice, hailed by domestic media as a significant milestone. [7] Presiding over a major multilateral UN treaty serves as a diplomatic boost, affirming the state’s proactive stance in shaping international law, promoting digital transformation, and signaling the country’s rising global standing. [8]
General Lương Tam Quang—Politburo member and Minister of Public Security of Việt Nam—stated that the Convention’s adoption by consensus and the successful signing ceremony in Hà Nội “demonstrate the trust and confidence of the United Nations and the international community in the role, reputation, capability, and responsibility of Việt Nam and its Ministry of Public Security in addressing global challenges, foremost among them safeguarding cybersecurity for a safe, humane, and sustainable cyberspace.” [9]
Through this event, Việt Nam positions itself as an active shaper of international digital governance. Beyond this diplomatic symbolism, two main drivers likely motivate the government.
First is strengthening cybersecurity cooperation. Việt Nam has recently faced mounting challenges from cyberattacks, online fraud, and human trafficking via digital platforms. [10] By co-signing the Convention, Việt Nam gains access to mechanisms for information sharing, evidence exchange, and enhanced cross-border collaboration in cybercrime investigation and prosecution.
Second is the pursuit of digital diplomacy and international prestige. Hosting such a major event enhances Việt Nam’s regional and global status and underscores its commitment to multilateralism.
As Vietnamese Ambassador to Cambodia Nguyễn Minh Vũ remarked, the adoption of the Hà Nội Convention “is not only a victory for multilateralism but also a profound test of how sovereignty is understood in the digital age,” calling it both “a shield to protect sovereignty” and “a bridge to promote international cooperation.” [11]
Risks to Freedom of Expression and Surveillance
This development, however, must be viewed alongside Việt Nam’s ongoing tightening of Internet controls. International human rights organizations such as Human Rights Watch have emphasized that Việt Nam has intensified online surveillance and repression of certain forms of digital speech. [12]
This context means the Hà Nội Convention cannot simply be seen as a “cyber protection” measure and carries at least three notable risks.
First, some provisions define “cybercrime” in broad terms and empower member states to cooperate through expedited electronic data exchange and legal assistance. [13]
In countries with vague domestic cyber laws or strong Internet control regimes, these provisions could be misused to criminalize legitimate online expression. More troublingly, while the Convention expands states’ ability to collect digital evidence, it lacks safeguards allowing other countries to refuse assistance in cases that could facilitate repression. [14]
Second, surveillance and international data sharing present a significant risk. Technology companies and digital rights groups have warned that the Convention could evolve into a “surveillance treaty” if strong protections are not built in. [15]
Cross-border data sharing is essential to fight cybercrime, but without robust safeguards for privacy and transparency, user data could be misused for political or repressive purposes.
Finally, the Convention’s signing in a country known for strict Internet controls and a lack of transparency raises additional concerns. Việt Nam has been repeatedly cited for serious human rights issues, especially concerning press freedom and online expression. [16]
This sends a troubling signal to the global human rights community, potentially undermining the Convention’s credibility. Without clear implementation safeguards, citizens’ rights to privacy and free expression could be compromised.
From this perspective, the Hà Nội Convention presents both an opportunity and a risk. Managing that risk requires not only strong international legal mechanisms but also domestic systems rooted in transparency, accountability, and a genuine commitment to protecting human rights.
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The signing of the United Nations Convention against Cybercrime in Hà Nội marks a notable milestone in global cybersecurity cooperation. The message the Vietnamese government seeks to convey is clear: it aims to take a deeper role in shaping global digital governance while strengthening its domestic capacity to combat cybercrime.
However, the Convention’s true strength will be measured not by how many states sign it, but by how each implements it—with transparency, accountability, and respect for human freedom of expression.
If signatory states fail to establish protections for digital rights, efforts to ensure “cybersecurity” could quickly devolve into systems of “cyber surveillance.”
With Việt Nam as the host, the international community should watch closely to see whether Hà Nội aligns its rhetoric with action by creating transparent reporting mechanisms, allowing civil society participation, and safeguarding Internet users’ rights.
If these measures are genuinely enforced, the Hà Nội Convention could become a powerful instrument for building a humane, trustworthy, and secure cyberspace. Without them, it risks becoming a trap for the very citizens it claims to protect.
Thái Hà and Hải Linh wrote this article in Vietnamese and published it in Luật Khoa Magazine on Oct. 31, 2025. Đàm Vĩnh Hằng translated it into English for The Vietnamese Magazine.