A Risk-Based Approach to Artificial Intelligence Regulation: Lessons from the European Union for Vietnam

Abstract

This paper examines the risk-based regulatory approach adopted in the European Union’s Artificial Intelligence Act. It deciphers the theoretical underpinnings of this approach, including the legal conceptualisation of “risk,” its normative foundation, and both the strengths and limitations inherent in its legislative design. Furthermore, the author analyses and assesses Vietnam’s legal framework governing artificial intelligence, with particular emphasis on the Draft Law on Artificial Intelligence of Vietnam and the Law on Digital Technology Industry 2025. Drawing on comparative analysis and international best practices, the paper offers recommendations for the development of AI-related regulatory policies in Vietnam.