You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 5, 2023

Vietnam’s Data Protection Regulations: What to Expect in 2023

Subscribe to Updates

Data protection in Vietnam has been an ever-changing area of law in the last few years, with many legislative and practical developments. From its initiative to build the very first comprehensive Personal Data Protection Decree to meet international standards, to its actions to tackle widespread illegal data processing and trading, the Vietnamese government has shown its determination to strengthen the protection of data, which it has recognized as one of the national key tasks in the Prime Minister’s Strategy for Development of E-Government.

The year 2023 is expected to be another year of many important changes made to the law and practices in this area. This article discusses what we anticipate to be the key upcoming developments in Vietnam’s data protection regime that businesses may wish to keep a close eye on to ensure compliance.

Tightened Rules on Data Collection and Data Transfer

The conditions for personal data processing under the current law are rather sketchily outlined. In general, the data subject’s consent to the scope and purposes of the data processing may be considered sufficient for any collection, use, retention, or sharing of personal data. Explicit consent is not clearly required, except when the data is collected in e-commerce, used for direct marketing purposes, or for other strictly controlled activities. This leads to the practice where data controllers usually do not treat consent as a serious matter. In addition, once consent has been obtained, data controllers tend to comfortably collect whatever data they want, since the law does not require the collection to be “proportionate.”

This situation is expected to change in 2023 with more stringent regulations on personal data processing underway. The first and most influential set of rules on data protection to come out early this year will likely be the much talked-about Personal Data Protection Decree (“PDPD”) developed by the Ministry of Public Security (MPS), which has been in draft form since early 2021. The first public version of the draft PDPD (dated February 2021) proposed ruling out silence by data subjects as a valid form of consent, as well as requiring consent to be expressed in writing with a printable and reproducible format.

These new requirements, once taking force, could render illegal any processing of personal data without explicit consent. Other conditions of consent include that it can be made partially and conditionally, and withdrawn at any time by the data subject. In addition, the draft PDPD also proposed introducing the principle of data minimization (proportionality), according to which personal data collected must be limited to only what is necessary to accomplish the specified purposes.

The Draft Amended Consumers Protection Law (“Draft CPL”), scheduled to be promulgated within 2023, has also proposed tightening the conditions on consent for processing of consumers’ personal data. The Draft CPL requires traders, in obtaining consent for collecting consumer data, to establish a mechanism for consumers to select the types of information that they agree for the traders to collect and express their consent in a suitable form. For special processing purposes like sharing, disclosure, or transfer of personal data to third parties, and use of personal data for sending advertisements and introducing products, the Draft CPL requires a mechanism for the data subjects to clearly opt in to giving or not giving their consent. This requirement is similar to what is currently required for e-commerce websites/applications. In addition, bundled consent, i.e., a clause in a consumer contract or general terms and conditions that makes the conclusion of the contract or the terms and conditions dependent on the consumer’s consent to the collection, storage, and use of his or her data, is likely to be invalid under the Draft CPL.

Interestingly, the Draft CPL provides that collection of personal data that has been publicly disclosed does not require any notification to the consumers. This means scraping of publicly available personal data might be acceptable in Vietnam once the Draft CPL is promulgated and takes effect. However, scraping of non-publicly available personal data is still prohibited and could constitute a crime.

Apart from consent, the regulations on cross-border transfer of personal data will also soon be strengthened. The potential new approach to regulate cross-border transfer of personal data is believed to be revealed by chance in the Draft Decree on Sanctioning Administrative Violations in the Field of Cybersecurity (dated September 2021), which stipulates violations against the draft PDPD. Accordingly, the newly proposed conditions for cross-border data transfer may include only an impact assessment dossier for the transfer, a data transfer agreement between the sender and the recipient, and a post-transfer report to the personal data protection authority.

Compared to the onerous set of conditions for cross-border transfer of personal data that the MPS originally proposed in the draft PDPD, which include among others a state approval prior to the transfer and the storage of the original data in Vietnam, the new conditions appear less burdensome.

Intensified Regulatory Scrutiny

Despite the data protection regulations in place, reports on actual enforcement in practice have been rather limited. One possible reason is that regulatory inspectors have not been focusing on personal data in their activities. Things may change shortly with the recent message from the Ministry of Information and Communications (MIC) on its enforcement plan in this area (source).

In particular, the minister of the MIC announced that the MIC would conduct comprehensive inspections into companies’ compliance with the regulations on collection, processing, and protection of customers’ personal data in the coming time. Telecommunications carriers are said to be the first enterprises to be inspected, followed by postal companies and social networking platforms.

The issue of consent for data processing was notably highlighted by the minister in his discussion. Therefore, compliance in obtaining customer consent can be anticipated to be key in the MIC’s inspection scope. The implementation of technical and managerial measures to protect personal data according to the law is also likely to be scrutinized.

Continued Assertive Action against Illegal Data Trading

Vietnam has for years been a hotspot for the unauthorized trading of personal data, according to recent reports by the MPS and the MIC. The most common violation is where the infringing companies or their employees sell packages of customers’ identity and contact information including phone numbers, email addresses, and ID card information to third parties without authorization. Most of these data buyers would use the personal information for marketing purposes, including to make advertising calls or to send spam SMS or email advertisements to the information subjects. The violators may even use the personal data to commit financial fraud, including to obtain bank loans under the name of the data subject victims, or to impersonate state authorities or acquaintances of the victims to request money transfers (source). Data crimes therefore have been and will continue to be under the enforcement focus of the high-tech police at both the central and provincial levels.

The police are also likely to take a strict view and initiate a criminal prosecution against any act of illegal data trading. The most recent actions reported in the media include two cases where the police of Phu Tho Province prosecuted five individuals for the criminal act of “trading, exchanging, giving […] lawfully private information of an organization or individual on the computer or telecommunications network without the consent of the information owner” under Article 288 of the Criminal Code.

In one of the cases, two individuals were found using self-developed software to collect personal data of over 2 million people by scanning and capturing the data from Facebook and Google accounts, and selling the data. The other case involved three individuals’ collection and sale of more than 400,000 personal information records containing phone numbers and addresses, generating about VND 1.1 billion (approx. USD 47,000) from the illegal business (source). With the government’s determination to tackle data crimes, more criminal actions like these are expected to be seen in 2023.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

July 6, 2026
Indonesia’s regulation on reporting online intellectual property (IP) infringement provides comprehensive procedural guidance for IP rights holders and their licensees in reporting online infringement complaints. Issued in December 2025 by the Ministry of Law as Regulation No. 47 of 2025 regarding Handling of Intellectual Property Infringement Reports in Electronic Systems, this regulation covers all types of IP rights. It also specifies documentation when reporting infringement, and lays out the procedures for examination, verification, and enforcement actions. Submission of Complaints Complainants may submit reports through the online system of the Directorate General of Intellectual Property (DGIP) or in person at the DGIP office. Complaints may also be filed through an authorized proxy. Under the regulation, complainants are required to provide the following information and documents: Personal details of the complainant; Brief description of the protected work or subject matter (i.e., type of IP and name or address of the infringing website, portal, account, or application, or a link to the location of the infringing content); Complete description of the alleged infringement; Certificate of registration or recordal of the relevant IP; Recordal of IP license agreement, if any; and Other supporting evidence. Verification and Examination Process Upon receiving a complaint, the responsible formality officer may request clarification or additional supporting documents. In the latter case, the complainant must then submit the necessary administrative documents within 14 days of the notification date. Once the documentation is deemed complete and sufficient, the case will be formally registered. Subsequently, the DGIP will establish a verification team to handle online IP violations, which will include the Civil Servant Investigator (PPNS), the Ministry of Communication and Digital Affairs, experts with relevant expertise in IP, and representatives from related associations such as AVISI (Indonesian Video Streaming Association). After examining the report, the team will prepare the Minutes
Read More
July 6, 2026
Tilleke & Gibbins has contributed the Vietnam chapter to Data Protection & Privacy 2027, a global guide published by Lexology Panoramic that provides comparative insights into data protection and privacy regimes across multiple jurisdictions. The Vietnam chapter offers a comprehensive overview of the country’s data protection framework, addressing both regulatory structure and practical compliance considerations for businesses operating in or engaging with Vietnam. Topics covered include: Law and the regulatory authority: Legislative framework; data protection authority; cooperation with other data protection authorities; breaches of data protection law; judicial review of data protection authority orders Scope: Exempt sectors and institutions; interception of communications and surveillance laws; other laws; personal information formats; extraterritoriality; covered uses of personal information Legitimate processing of personal information: Lawful bases for processing; grounds for legitimate processing; types of personal information Data handling responsibilities of owners of personal information: Transparency; exemptions from transparency obligations; data accuracy; data minimization; data retention; purpose limitation; automated decision-making Security: Security obligations; notification of data breaches; internal controls Accountability: Data protection officer requirements; record-keeping; risk assessment; design of personal information processing systems Registration and notification: Registration requirements; other transparency duties Sharing and cross-border transfers of personal information: Sharing with processors and service providers; restrictions on third-party disclosures; cross-border transfers; further transfers; localization requirements Rights of individuals: Right of access; other statutory rights; compensation Enforcement: Enforcement mechanisms; exemptions, derogations, and restrictions; further exemptions and restrictions Specific data processing: Cookies and similar technologies; electronic communications marketing; targeted advertising; sensitive personal information; profiling; cloud services The chapter concludes with an update on key legal and regulatory developments over the past year and emerging trends in Vietnam’s data protection landscape. The full Vietnam chapter is available as a PDF through the button below. Readers can also gain 30 days of complementary access to the full Data
Read More
July 2, 2026
Thailand’s Electronic Transactions Development Agency (ETDA) released a new version of the draft Act on Artificial Intelligence on July 2, 2026, for a public hearing period expected to be approximately 30 days. The draft act adopts a risk-based regulatory approach modeled in part on international frameworks—particularly the EU’s AI Act—while incorporating provisions tailored to Thailand’s regulatory landscape and digital economy objectives. If enacted in its current form, the law would introduce extraterritorial obligations, a tiered risk classification system, strict liability for AI-related damages, and new transparency requirements for AI-generated content. Scope and Extraterritorial Application The draft act applies to AI development, deployment, or any other action affecting people in Thailand, even if the action occurs outside the country. Of note: This extraterritorial reach creates compliance obligations for global AI companies whose systems impact Thai residents or consumers, even if the provider has no physical presence in Thailand. Foreign AI providers serving Thai deployers or users must appoint a local coordinator or authorized representative. Depending on the type of AI system, the representative may need full authority to act on behalf of the provider without any limitation of liability. Certain activities are exempt from the draft act’s oversight, including AI used by natural persons solely for personal or household activities, AI for educational research conducted by higher education institutions with ethics committee approval, research and development activities conducted prior to distribution or service provision, and other AI systems prescribed by royal decree. Risk-Based Classification Framework The draft act establishes a tiered risk classification system with three main categories: Prohibited AI. The act outright prohibits AI systems employing cognitive-behavioral manipulation using subliminal techniques, AI systems causing unfair broad-scale discrimination from processing irrelevant data, and other categories of serious risk as determined by announcement of a forthcoming committee that will be responsible
Read More
June 25, 2026
On June 18, 2026, Thailand’s Office of the Personal Data Protection Committee (PDPC) published two notifications in the Government Gazette establishing Thailand’s first formal certification framework for personal data protection standards under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notifications, which took immediate effect, introduce a voluntary certification framework aimed at promoting accountability, strengthening organizational data protection governance, and aligning Thailand more closely with international frameworks that recognize certification as a key compliance tool. Certification Criteria The first notification sets out the assessment criteria for organizations seeking certification. Applicants must undergo an evaluation against a framework comprising four assessment categories, 10 focus areas, and 128 assessment criteria covering key elements of a privacy management program. These include: Organizational oversight and internal policies and procedures. Human resource development, including staff training and awareness programs. Clearly defined operational processes and procedures covering data subject rights, transparency obligations, records of processing activities, and lawful basis management, as well as contractual safeguards such as data-processing and data-sharing agreements and risk assessments, including Data Protection Impact Assessments. Technical measures encompassing data security controls and breach response capabilities Based on the assessment results, organizations may be awarded either a PDPA Compliance Certificate or a higher-level PDPA Certificate accompanied by a certification mark. Application and Assessment Process The second notification establishes the application and assessment process for obtaining certification. Eligible applicants include government agencies and private-sector entities that demonstrate sufficient privacy governance maturity and meet the prescribed eligibility requirements. Applicants must submit their applications along with supporting documentation for review. Upon receiving an application, the Office of the PDPC will conduct a detailed evaluation, which may include both documentary review and on-site inspections. Incomplete applications may be rejected, though applicants are typically given a limited period to correct deficiencies before a final decision
Read More