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

December 24, 2024

Vietnam’s Data Revolution: Law on Data

Subscribe to Updates

On November 30, 2024, the Data Law was officially promulgated after an accelerated preparation process that began in February 2024. The Data Law is set to take effect on July 1, 2025. Having extraterritorial effect, the Data Law will impact both local and foreign individuals and enterprises.

As noted in our previous legal update, the Data Law governs digital data, the National Data Center, the National General Database, digital data products and services, digital data management, and the rights, obligations, and responsibilities of agencies, organizations, and individuals related to digital data activities.

This legal update provides an overview of the Data Law, with a deep focus on the key provisions likely to impact businesses operating or offering services in Vietnam.

New Data Definition and Classification

The Data Law broadly defines “digital data” as data about objects, phenomena, and events, which can include one or a combination of audio, images, numbers, text, or symbols represented in digital format (hereinafter referred to as “data”). This definition is very broad and potentially covers any information recorded or represented in digital forms, including personal and nonpersonal data (such as business data, transactional data, trade secrets, etc.). Data is further categorized into different types that can be used by public bodies. However, the rights and obligations associated with each type of data are not clearly addressed. The data classification criteria include:

  • The nature of data sharing (shared data, private data, open data);
  • The importance of data (core data, important data, and other data);
  • Any other criteria to meet the requirements of data administration, processing, and protection, as determined by the data owner.

While the Data Law requires private organizations to categorize data based on its level of importance, it still grants these organizations the right to categorize data based on other criteria.

Cross-Border Data Transfers and Processing

Under the Data Law, agencies, organizations, and individuals can freely transfer and process offshore data in Vietnam, with the state protecting their lawful rights and interests.

For core and important data, the law regulates cases deemed as cross-border data transfers, including the transfer of data to foreign organizations and individuals, which was not mentioned in the Personal Data Protection Decree or the publicized version of the draft Personal Data Protection Law. Currently, the Data Law imposes no specific restrictions on cross-border data transfers, but these activities must comply with national defense, security, public interests, and international treaties. Further guidance is expected in a future government decree, which enterprises will also need to keep an eye on.

Under the Data Law, “important data” refers to data that may impact national defense, security, foreign affairs, macroeconomics, social stability, health, and public safety, while “core data” means important data that directly affects national defense, security, foreign affairs, macroeconomics, social stability, health, and public safety. More detailed lists of important data and core data will be issued by the prime minister.

National Comprehensive Database

The government will establish and manage a National Comprehensive Database, consolidating open, shared, and private data, as well as other data from various sources, including state and party agencies. This database will include data from administrative procedures and public services, though it is unclear whether it will include data submitted by private organizations during administrative filing processes. Once the National Comprehensive Database is created, it is possible that various authorities may have easy access to the data, which will strongly facilitate their supervision and enforcement activities.

Organizations and individuals can voluntarily contribute data, and in certain cases, may be requested to do so, as further explained below.

Access Rights of Competent Agencies

The Data Law sets out the conditions under which state agencies can access data from organizations and individuals. These access rights have been limited and are more restricted than the typical access rights that the government tends to reserve for itself. Under the Data Law, the request to access can be made under four special cases: (1) in response to a state of emergency; (2) upon a threat to national security, but not to the extent of declaring a state of emergency; (3) upon disasters; or (4) for the prevention of riots or terrorism. Consent from relevant data subjects is not required for data sharing in this case. If the data is encrypted, the state agencies also have the right to decrypt data for their access and usage.

The Data Law also prescribes certain responsibilities for state agencies when receiving data, which is a welcome development. Further regulations on the authorities access rights and the data provision obligations of private organizations and individuals are expected to be encompassed in the decree guiding this Data Law.

These new developments and limitations to access powers were among the requests the business community made following the first draft Data Law (circulated in March 2024), aiming to safeguard the attractiveness of the Vietnamese market and protect proprietary data.

New Data-Related Products and Services

Recognizing new data-related products and services, the Data Law opens the market to new opportunities for local players. However, the Data Law has yet to provide any definition of “data-related products and services” in general, and these products and services could be broadly interpreted to encompass any services related to data processing.

The Data Law clearly indicates that its provisions apply to data intermediary products and services, data analysis and aggregation, and data platforms. Accordingly, depending on the specific nature of the products or services, they may be subject to registration or licensing requirements as stipulated under the Data Law and its forthcoming guiding decree.

Applicability of the Data Law

To address the risk of contradiction or conflict in the patchwork of regulations related to data, the Data Law stipulates that where other laws issued before its effective date (July 1, 2025) contain regulations on key data-related activities (such as building, developing, protecting, managing, processing, and using data) that do not contradict the principles of the Data Law, the provisions of those laws shall still apply. The Data Law is silent on the consequences if the provisions of existing laws contradict the Data Law.

Furthermore, the Data Law requires new laws issued after its effective date to clarify how they comply with or deviate from the Data Law, ensuring a clear understanding of implementation requirements.

Looking Ahead

The Data Law explicitly recognizes that data is a resource that state policies will mobilize and develop into assets. This has the potential to pave the way for many data-related businesses in the future and offers promising opportunities for tech companies with a strong focus on data.

The Data Law recognizes the importance of data in the digital age and highlights Vietnam’s commitment to fostering a secure and innovative data environment. However, the scope and applicability of the Data Law, especially those overlapping with other existing laws or regulations, are still ambiguous, as discussed above. Thus, it remains to be seen how legislators will address these issues in the future.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

August 11, 2026
On July 27, 2026, the State Bank of Vietnam (SBV) released a draft decree proposing amendments to Decree No. 52/2024/ND-CP dated May 15, 2024, on non-cash payments (Decree 52). The draft decree would amend 17 of Decree 52’s 38 articles, with several key changes directly affecting providers of intermediary payment service (IPS). The key proposed changes affecting IPS providers are outlined below. Streamlining IPS Licensing Procedures A central objective of the draft decree is to simplify regulatory procedures for IPS providers. Notably, it would significantly reduce IPS licensing documentation requirements by removing the need to submit enterprise registration certificates, investment registration certificates, and documents evidencing the qualifications of the legal representative and general director. Instead, the SBV would retrieve this information directly from national business registration and other specialized databases, requesting additional documents only where the relevant information cannot be verified electronically or is incomplete. The draft decree also removes the current limit of two rounds for dossier supplementation and shortens processing timelines for several IPS licensing procedures such as issuance, amendment, and reissuance of IPS licenses. The processing time for new IPS license applications would be thereby reduced from 90 to 60 working days. In addition, several continuing IPS business conditions would be removed. For example, IPS providers would no longer be required to maintain certain representations relating to corporate restructuring or the legality of contributed capital. Likewise, the IPS project plan (đề án) would become a one-time application document rather than an ongoing licensing condition. If retained in the final decree, this change could provide IPS providers with significantly greater flexibility to implement post-licensing technology upgrades, system integrations, and corporate restructuring transactions without needing to revisit the originally approved project plan. The draft decree also removes the requirement for the SBV to consult the Ministry of Public
Read More
August 10, 2026
Thailand has finalized its social media KYC (“know your customer”) rules under Notification of the Electronic Transactions Commission on Measures to Prevent Technological Crimes for Social Media Service Providers (No. 2), which was published in the Government Gazette on May 5, 2026, and will take effect on November 1, 2026. While an early draft of the notification proposed requiring social media platforms to arrange identification of every user account, the final notification is significantly more targeted, focusing on paid online advertising and advertiser identity verification. Though the regulatory initiative primarily aims to combat online fraud and technology-related crimes, it also has important consequences for intellectual property enforcement, because the verified platform records that will be generated under the new requirements can help IP rights holders to identify anonymous online infringers. Key Regulatory Mandates The notification requires social media service providers to verify the identity of advertisers before their paid advertisements are published and disseminated in Thailand through social media, regardless of whether the advertising fees come from the advertisers or third parties. Verification of an advertiser is valid for one year, after which verification would have to be performed again before the platform could publish additional paid advertisements from the advertiser. Permitted verification methods are specified under the notification. A platform may verify an advertiser by checking identity evidence and confirming the connection between the advertiser and that identity evidence, with the notification giving facial comparison against certain government-issued identity documents as an example. Alternatively, platforms may verify advertisers through a digital identity verification and authentication system with an identity-proofing assurance level not lower than the level prescribed by Thailand’s Electronic Transactions Commission. The notification further requires platforms to retain only the advertiser’s information necessary to identify the advertiser, beginning from the start of the advertising activity and for
Read More
August 10, 2026
On July 31, 2026, Thailand’s Big Data Institute (BDI) launched a public consultation on the principles of a proposed new data-sharing law, with comments accepted until August 31, 2026. If enacted, the law would establish Thailand’s first comprehensive framework for government and private-sector data sharing, creating a systematic, secure, and transparent regime to support analytics, policymaking, research, and innovation. Central Data-Sharing Platform The draft law establishes a central system for data sharing, managed by the BDI. Government agencies would be required to connect to the BDI’s Data Integration and Intelligence Platform (also referred to as D2), in accordance with the BDI’s rules and procedures. Five Dimensions of Data Sharing The draft law covers five key types of data sharing between government (G), businesses (B), and consumers (C): G2B: Private organizations may request government data specifically for research and development purposes. The BDI will assess the applicant’s data governance, security, and privacy capabilities whether such measures meet prescribed standards before forwarding the request to the relevant government agency within 90 days. Any dispute may be escalated to a newly established Data-Sharing Promotion Committee for final determination. G2G: Government agencies may request data from other agencies through the central system. The data-holding agency must respond within 90 days, taking legality, necessity, proportionality, public interest, and personal data protection into account. Disputes may be referred to the Data-Sharing Promotion Committee for adjudication. B2G: In emergency situations involving public safety, economic security, or disaster response, the Minister of Digital Economy and Society may require private entities to provide data through the central data-sharing system. Government agencies must specify the data requested, demonstrate its necessity and expected benefits, and request only data reasonably available to the data holder. Requests for personal data must be limited to the minimum amount necessary. B2C: Royal decrees may
Read More
August 10, 2026
Thailand’s Office of the Personal Data Protection Committee (PDPC) recently released draft guidance on records of processing activities (ROPA) for personal data controllers and processors under the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The draft guidance, which was presented to the public on July 7, 2026, addresses both controller records of collection, use, and disclosure of personal data and processor records of processing activities carried out on behalf of controllers. If implemented, the guidance will significantly expand organizational expectations for ROPA preparation, maintenance, and use across all sectors. Key Takeaways The draft guidance contains several important implications for organizations subject to the PDPA: ROPA reframed as a core accountability tool. The guidance elevates ROPA from an administrative record to a central accountability mechanism, connecting controller duties with recordkeeping obligations. ROPA as a source for privacy notices and governance documents. ROPA should serve as the primary source for privacy notices and align with consent management, retention schedules, DPIAs, incident response plans, and vendor contracts. Expanded scope across all activities. ROPA must cover all processing activities across the organization—including security, finance, HR, and external contractors—with correct controller or processor classification for each. Ongoing maintenance and auditability. ROPA must be updated for any change to systems, purposes, or processors, reviewed at least annually, and maintained with version control and a designated owner. Enhanced vendor, processor, and cross-border transfer requirements. Organizations must document all processors, external recipients, and cross-border transfers, specifying purposes, access scope, and destination countries. Linkage with risk assessment, DPIAs, and LIAs. ROPA should assign risk levels to each activity and identify when data protection impact assessments (DPIAs) or legitimate interests assessments (LIAs) are required, functioning as a risk-management tool. ROPA and data breach readiness. Incomplete ROPA can delay breach response and notification. Organizations should map data flows, vendors,
Read More