[TEMPLATE] WORKPLACE POLICY REGARDING ARTIFICIAL INTELLIGENCE (AI) DRIVEN TOOLS

1. Purpose.

The purpose of this policy is to establish guidelines for the appropriate use of artificial intelligence (“AI”) in the workplace. This policy aims to ensure that AI technology is used to enhance productivity, efficiency, and decision-making while complying with applicable law and respecting privacy, confidentiality, and data security.

[TEMPLATE] WORKPLACE POLICY REGARDING ARTIFICIAL INTELLIGENCE (AI) DRIVEN TOOLS

2. Scope. 

   1. AI Users. This policy applies to all employees, contractors, and third-party vendors who interact with, develop, or implement AI driven tools within our organization for their work-related tasks. 

   2. AI Tools. This policy covers all AI technologies, including, but not limited to, machine learning, natural language processing, and computer vision.

3. Definition/Example.

   1. Artificial intelligence (“AI”) is a set of technologies that enable computers to perform a variety of advanced functions, including the ability to receive, understand, translate, analyze data, make recommendations, present ideas and other functions that could be developed in the future. 

   2. Generative AI (“GAI”) is a technology that can create new content in response to prompts, including but not limited to text, speech, file and images (e.g., ChatGPT).

   3. Algorithmic AI (“AAI”) is a technology that analyzes data with machine-learning algorithms and can make decisions or predictions based on the data.

   4. AI Tools are any applications, software, or systems that can independently change its own analytical methods and utilizes artificial intelligence (including GAI and AAI), machine learning, or other advanced algorithms to perform tasks, analyze data, or make (or assist in making) decisions. 

4. AI Use Principles. 

   1. AI Users are requested to strictly follow this Policy and the relevant working and reporting flows. 

   2. This policy applies when AI Users use AI Tools to perform, or assist in the performance of, any work-related activities without regard to the location at the time AI Users use the AI Tools, or whether the AI Users operate the AI Tools on Company equipment and systems, on the AI Users’ personal devices, or on third-party electronic devices.

   3. AI Users shall be aware that AI Tools may produce erroneous or nonsensical information or incomplete, biased results, results that are not real, do not match any data the algorithm, or do not follow any other discernible pattern or prompts. In any case, AI Users must review the output of AI Tools and shall be responsible for justifying their deliverables. 

   4. The work or deliverables that use AI Tools shall be labeled as “AI generation”. However, without prejudice to this requirement, in any cases, the work or deliverables of the AI Users are the subjects of performance review policy of the company. 

   5. AI Users who have concerns with the output of an AI Tool should follow the Reporting Procedures set forth in Section 7 below.

5. Use of Approved AI Tools. 

   1. The company will maintain a list of AI Tools that have been approved for use, with a specific indication as to which departments and job classifications may use each tool (“AI List”). The AI List can be found here [list] and the company has its discretion to amend and update the AI List from time to time.

   2. Prior to using an approved AI Tool, the Head of Department or AI User seeking to use the tool must request and be approved for access by [the Department corresponding for the request access] and in the request state the intended use of the tool.

   3. Prior to using an AI Tool for any-work related purpose, regardless of their location, that is not on the AI List, not specifically approved for use in their department and job classification, or not approved for the task that the AI User seeks to use the AI Tool to perform, an AI User must receive express written consent from his/her supervisor/manager. The requesting AI User should be prepared to discuss the purpose, scope, and business justification of using the AI Tool in question to complete a work-related task. Such requested AI Tool can only be used once it is approved by the [competent person/department]. 

   4. No AI User may use AI Tools for decision-making purposes without the express written consent of [competent person/department]. 

6. Confidentiality.

The AI Users must ensure the input or prompt into an AI Tool shall not disclose any confidential information of any parties, including but not limited to the confidential or sensitive information, materials, documents, works, data, intellectual property of the company, partners, contractors, vendors, clients, customers and other third parties. 

7. Reporting procedures.

AI Users are expected to contact their supervisor/manager immediately if they become aware of:

1. An actual or possible violation of this policy;

2. A breach of data privacy or security;

3. AI system failure; or

4. A circumstance where an AI Tool is generating output which is: erroneous, incomplete, misleading, offensive, harassing,  discriminatory, which causes an employee to have other concerns, or which violates any Company policy.

8. Violation.

Violations of this policy may result in disciplinary action, up to and including termination of employment or contract (as in the case of a contractor or third-party vendor). The Company may, in its sole discretion, decide to suspend use of the AI Tools during any such investigation or disciplinary procedures. 

9. Miscellaneous 

   1. This policy takes effect from [...] 

   2. All employees of the company must acknowledge that they have read, understood, and agreed to comply with this policy.

   3. This policy will be reviewed based on the evolution of AI, the applicable regulations and the company operation. Any changes to the policy will be communicated to the company's employees. 

This template is intended to provide a framework for a policy concerning use of artificial intelligence (AI) driven tools in the workplace. Employers are advised to adopt a policy to indicate the limits on AI’s use in the workplace. Employers may include a policy derived from this framework in an employee handbook or distribute it as a standalone policy. 

The Vietnamese Government has not promulgated the same regulations of AI management in the workplace. Therefore, this template is merely a recommendation of a non-jurisdictional policy and does not address all potential legal requirements. You are also advised to check any potentially relevant laws and regulations while issuing this policy within your organization, including the applicable Labor Code.