Vietnam’s New Law On Data Protection  

Article by Tsaaro

7 min read

Vietnam’s New Law On Data Protection  

VIETNAM’S NEW LAW ON DATA PROTECTION

With its upcoming personal data protection law, Vietnam is poised to follow the worldwide trend towards more strict data protection rules. The rule, primarily affected by the General Data Protection Regulation of the EU (GDPR), will contain new cookie authorization requirements for organisations operating in Vietnam. Vietnam released its long-awaited, extensive information security law, Resolution No. 13/2023/ND on the safeguarding of personal data (Decree), on April 17, 2023. The decree will go into force without a transition period on July 1, 2023. The decree pertains to all Vietnamese and international companies operating in Vietnam or undertaking data processing operations in Vietnam.
In this blog, we will discuss the main provisions that relate to the data protection bill of Vietnam.

TO WHOM THE NEW LAW APPLIES:
Before moving on with the provision, let’s check to whom this legislation shall apply:
any of the Vietnamese agencies, organisations, or individuals;
any overseas agency, organisational structure, or individual in Vietnam;
any Vietnamese agency, organisation, or person functioning internationally; and
any external agency, organisation, or individual processing personal data in Vietnam

PRINCIPLES SET FORTH BY THE LAW
The Decree is based on eight personal data processing principles, which are as follows:
1. Lawfulness
2. Accountability
3. Objective limitation
4. Minimising information
5. Reliability
6. Honesty, secrecy, and safety
7. Retention constraints

DEFINITION OF BASIC PERSONAL DATA AND SENSITIVE PERSONAL DATA
The Decree defines “basic personal data” and “sensitive personal data” and provides for a detailed segments that is to be included. The basic personal data specifically comprises an individual’s:
a. full name, middle name, birth name, and any other names (if any);
b. date of birth and the date they might have died or gone missing;
c. sexual orientation;
d. the location of being born, place of registration of birth, place of either permanent or interim residence, hometown, address
e. country of origin
f. photograph;
d. telephone number, nationwide identification numerals, and health insurance card number;
e. marital status;

Sensitive personal data, on the other hand, is any information about an individual that, if breached, will directly harm an individual’s fundamental interests and rights, including their:

1. political and religious beliefs;
2. health status and medical records (except bloodstream type);
3. race or ethnic background-origin;
4. passed down through generations or acquired genetic features;
5. physical and biological features;
6. sex life and gender identity;
7. criminal documents;
8. knowledge held by financial institutions, international financial institutions, payment intermediary providers, and 9. other authorised organisations; and
10. geographic location information identified through

TRANSFER OF DATA INTERNATIONALLY
Transferring sensitive information about Vietnamese nationals overseas necessitates the creation of an appropriate effect assessment, which includes a description of the reasons, the aims of transmitting the data outside, and the data subjects’ necessary consent. A documented data transfer contract with the foreign company receiving the data must also be included in the impact assessment. Dossiers, including impact evaluations, must be accessible for review inside the organisation. Within 60 days after the date of personal data processing, one copy must be given to the Minister of Public Security. The PDPD provides the form necessary for this sort of impact evaluation. Organisations must additionally update their impact assessments in the event of modifications and provide updated information to the Department of Public Security. In the event of non-compliance with the PDPD, the Department of the Ministry of Public Security possesses the authority to inspect data transfers overseas and may prevent additional transfers.

MANDATORY BREACH REQUIREMENT
Suppose an organisation discovers a violation of any of the Decree’s stipulations. In that case, it must inform the Ministry of Public Security, the Ministry of Cybersecurity, and High-Tech Enforcement (AO5) within 72 hours of the occurrence, using Form No. 03, which is an Appendix to the Decree. Any late notice must be accompanied by an explanation.
The letter of notification must consist of:
1. a description of the nature of the incident, including the time, location, nature, participants that are involved, and types and amounts of data regarding individuals affected;
2. the contact information for a data protection officer;
3. the potential consequences of the breach; and
4. any corrective actions are taken. This notification might be given in stages.

IMPACT ASSESSMENT:
Organisations have to conduct an individual data security impact assessment within sixty days of the beginning of data processing. This must be completed in line with the PDPD form, which includes details regarding the data processor and the data control-cum-processor. The Ministry of Public Safety (Department of Security and Modern Technology Crime Prevention and Prevention) will evaluate the effect assessment. If the scope of private information processed by organisations changes, the impact assessment must be amended or updated.

OTHER NOTABLE PROVISION
1.
There are distinctive provisions for marketing and advertising data processing. These operations, in particular, require the data subject’s consent, provided that the data subject is aware of the goods being sold and the content, manner, structure, and regularity of such advertisement or marketing.
2. According to the Decree, Vietnam is going to create an international cooperation mechanism to facilitate the effective enforcement of personal data protection laws as well as engage in bilateral legal support in the safeguarding of particular data of other nations, including potential investigation assistance as well as data exchange with other governments.
3. The Decree seems to impose certain responsibilities on data subjects, such as protecting their private information, protecting the data for others, and cooperating in preventing and bringing charges for any violations.
To summarise, the Decree will surely have substantial and broad implications for firms with operations or a corporate presence in Vietnam since it is the republic’s first comprehensive privacy regulation that will apply to every manner of private information processing in Vietnam. What’s more, the effective deadline of July 1, 2023, and the lack of a grace period leave impacted firms with little time to plan for compliance. The extensive impact evaluations and cross-border transfer documents needed by the decree are especially noteworthy because they will almost certainly take a long time to produce. Take the first step towards a secure your organization’s data by scheduling a call with our privacy expert team at Tsaaro Consulting today.

105 thoughts on “Vietnam’s New Law On Data Protection  ”

  1. I would like to thank you for the efforts you’ve put in penning this blog. I’m hoping to check out the same high-grade content from you in the future as well. In fact, your creative writing abilities has inspired me to get my own, personal blog now 😉

  2. When I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I get 4 emails with the same comment. Is there a means you can remove me from that service? Cheers.

  3. Hi there! This blog post couldn’t be written any better! Looking at this post reminds me of my previous roommate! He constantly kept preaching about this. I am going to send this information to him. Fairly certain he’s going to have a very good read. Thank you for sharing!

  4. Hello! I could have sworn I’ve been to this site before but after going through a few of the posts I realized it’s new to me. Anyways, I’m certainly pleased I discovered it and I’ll be bookmarking it and checking back frequently!

  5. Hi, I do believe this is a great web site. I stumbledupon it 😉 I will come back once again since i have bookmarked it. Money and freedom is the greatest way to change, may you be rich and continue to guide other people.

  6. An interesting discussion is definitely worth comment. I do believe that you should publish more about this subject matter, it may not be a taboo subject but usually folks don’t talk about these subjects. To the next! Cheers!

  7. The very next time I read a blog, I hope that it won’t fail me as much as this one. After all, Yes, it was my choice to read through, however I genuinely thought you’d have something useful to say. All I hear is a bunch of moaning about something that you could fix if you weren’t too busy searching for attention.

  8. I’m excited to uncover this great site. I want to to thank you for your time due to this wonderful read!! I definitely enjoyed every little bit of it and I have you saved as a favorite to see new information in your website.

  9. I’m amazed, I must say. Seldom do I come across a blog that’s equally educative and entertaining, and without a doubt, you have hit the nail on the head. The problem is an issue that too few folks are speaking intelligently about. I am very happy I found this in my hunt for something regarding this.

  10. May I simply say what a comfort to find somebody who genuinely understands what they’re talking about on the web. You definitely understand how to bring a problem to light and make it important. A lot more people should check this out and understand this side of the story. It’s surprising you’re not more popular because you certainly possess the gift.

  11. Having read this I thought it was very enlightening. I appreciate you finding the time and effort to put this informative article together. I once again find myself personally spending a significant amount of time both reading and commenting. But so what, it was still worth it.

  12. I’m impressed, I must say. Rarely do I encounter a blog that’s both educative and entertaining, and without a doubt, you have hit the nail on the head. The issue is something not enough people are speaking intelligently about. Now i’m very happy that I found this during my search for something concerning this.

  13. Having read this I believed it was really informative. I appreciate you taking the time and effort to put this short article together. I once again find myself spending a lot of time both reading and posting comments. But so what, it was still worth it.

  14. Good day! I could have sworn I’ve been to this web site before but after going through many of the articles I realized it’s new to me. Anyways, I’m certainly pleased I stumbled upon it and I’ll be book-marking it and checking back regularly!

  15. I blog frequently and I seriously thank you for your information. The article has really peaked my interest. I am going to bookmark your website and keep checking for new information about once per week. I opted in for your Feed as well.

  16. Hello! Do you know if they make any plugins to help with Search
    Engine Optimization? I’m trying to get my site to rank for some targeted keywords but I’m not seeing very good success.
    If you know of any please share. Thanks! I saw similar article here: Blankets

  17. I would like to thank you for the efforts you’ve put in penning this site. I am hoping to view the same high-grade content from you later on as well. In truth, your creative writing abilities has motivated me to get my very own blog now 😉

  18. After I originally commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive four emails with the same comment. Is there a way you are able to remove me from that service? Appreciate it.

  19. Greetings, I believe your blog could possibly be having internet browser compatibility issues. Whenever I take a look at your blog in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping issues. I just wanted to give you a quick heads up! Other than that, fantastic site!

  20. Next time I read a blog, Hopefully it does not disappoint me just as much as this one. I mean, Yes, it was my choice to read, but I genuinely believed you would have something helpful to talk about. All I hear is a bunch of moaning about something you could possibly fix if you weren’t too busy looking for attention.

  21. Having read this I believed it was really enlightening. I appreciate you spending some time and effort to put this informative article together. I once again find myself spending a significant amount of time both reading and posting comments. But so what, it was still worth it.

  22. I’m impressed, I have to admit. Rarely do I encounter a blog that’s both educative and entertaining, and without a doubt, you’ve hit the nail on the head. The problem is something which too few folks are speaking intelligently about. I am very happy that I stumbled across this in my search for something relating to this.

  23. When I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I receive four emails with the exact same comment. Is there a way you are able to remove me from that service? Thanks a lot.

  24. Hi, I do believe this is an excellent web site. I stumbledupon it 😉 I may revisit yet again since i have book marked it. Money and freedom is the greatest way to change, may you be rich and continue to help others.

  25. sugar defender As a person who’s constantly
    been cautious regarding my blood sugar, locating Sugar Protector has actually been an alleviation.
    I really feel so much extra in control, and my current exams have actually
    shown favorable enhancements. Knowing I have a dependable supplement to sustain my regular provides me comfort.
    I’m so grateful for Sugar Defender’s effect on my health and wellness!

  26. I truly love your blog.. Very nice colors & theme. Did you build this website yourself? Please reply back as I’m hoping to create my own personal site and would like to learn where you got this from or what the theme is called. Kudos.

  27. Hey there! I just want to give you a huge thumbs up for your excellent info you have got here on this post. I am returning to your website for more soon.

  28. I’d like to thank you for the efforts you have put in writing this blog. I’m hoping to see the same high-grade content from you later on as well. In truth, your creative writing abilities has motivated me to get my own site now 😉

  29. Hi, There’s no doubt that your web site could possibly be having internet browser compatibility issues. Whenever I look at your web site in Safari, it looks fine however when opening in IE, it has some overlapping issues. I just wanted to provide you with a quick heads up! Other than that, fantastic blog!

  30. Vietnam’s new data protection law introduces stricter guidelines on how personal data is handled, emphasizing privacy and security. Just as enola holmes 2 outfits showcase detailed, layered designs, the law aims to create a more structured and secure environment for personal data, ensuring that it is well-protected and not exposed unnecessarily.

Leave a Reply

Your email address will not be published. Required fields are marked *

Shubham Bansal

INTRODUCTION: The Personal Data Protection Law No. 6698, known as Kişisel Verileri Koruma Kanunu (KVKK), is Türkiye’s landmark data protection …

Tsaaro Consulting

At the Singapore International Cyber Week 2024, The Cyber Security Agency (CSA) of Singapore released Guidelines on Securing Artificial Intelligence …

Tsaaro Consulting

The European Data Protection Board (EDPB) on 8th October 2024, issued draft Guidelines 1/2024 on processing of personal data based …

Tsaaro Consulting

Introduction   With data playing a pivotal role in business operations, ensuring data privacy compliance has become a key focus in …

Tsaaro Consulting

The FinTech industry has transformed the financial landscape, offering customers digital solutions that make banking, lending, insurance, and investing more …

SHARE THIS POST

Would you like to read regular updates from Tsaaro.
Subscribe to our newsletter

Our Latest Blogs

Read what the latest hapennings in the cyber world are and learn what the
experts have to say about them