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

February 8, 2023

Vietnam’s Personal Data Protection Decree Takes Important Step Toward Issuance

Subscribe to Updates

Government Approves Legislative Dossier

On February 7, 2023, the Vietnamese government issued Resolution No. 13/NQ-CP (“Resolution 13”) to approve the latest version of the draft Personal Data Protection Decree (“Draft PDPD”)—a draft which has not yet been made public.

Similar to Resolution No. 27/NQ-CP issued in March 2022 approving the previous version of the Draft PDPD (“Resolution 27”), Resolution 13 stipulates the different cases where data subjects’ consent is exempted for processing personal data. Most of these lawful bases are similar to those under Resolution 27—except for the fourth case, which is brand new—with some changes for better clarity.

According to Article 1 of Resolution 13, personal data can be processed without consent in the following five cases:

(1) The processing is to protect the life and health of the data subject or others in an emergency situation. Data Controllers, Data Processors, Parties Controlling and Processing Personal Data, and Third Parties are responsible for proving this case;

Remarks: Vietnamese law, including the prior published version of the Draft PDPD, has never used the terms “data controller”, “data processor,” and “parties controlling and processing personal data.” The inclusion of these terms suggests that the latest version of the Draft PDPD has adopted the GDPR-like concepts of “data controller” and “data processor.” However, until the latest version of the Draft PDPD can be assessed, it is uncertain how these concepts are defined and whether they are fully in line with GDPR definitions.

(2) The disclosure of personal data is in accordance with the law;

(3) The processing of data is performed by competent state agencies in the event of a state of emergency related to national defense, national security, social order and safety, major disaster, or dangerous epidemic; when there is a threat to security and national defense but not to the extent that a state of emergency must be declared; or when the processing is to prevent and combat riots and terrorism, crime, and law violations in accordance with law;

Remarks: This expands the list of situations where the data subject’s consent is exempted compared to a similar criterion in Resolution 27, which simply mentioned “national defense and security requirements.”

(4) The processing is to fulfill the contractual obligations of the data subject with relevant agencies, organizations, and individuals as prescribed by law;

Remarks: Under current legislation, consent is exempted when personal data is used for signing, modifying, or performing a contract to use information, products, and services in the network environment between the data subject and an IT/e-commerce trader/service provider. This basis for consent exemption is stipulated under the Information Technology Law and Decree 52 on E-Commerce.

This new basis under Resolution 13 has been broadened to include the processing of personal data for performing any types of contracts involving the data subject as a party. These contracts may include employment contracts and contracts for purchase of goods/services outside the IT/e-commerce context.

The Draft PDPD seems to have adopted the lawful basis under Article 6.1(b) of GDPR: “processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.” Interestingly, the basis of processing for “legitimate interests of the controller or third party” under the GDPR does not appear in Resolution 13. As the Vietnamese legislator has always refused to adopt this basis into the Vietnamese data protection regime, it is unlikely to be covered by the Draft PDPD.

The wording of this newly added criterion is rather broad and subjective. It is unclear what could be considered necessary to “fulfill the contractual obligations,” and whether this criterion could be interpreted broadly enough to cover “legitimate interests” of the employer/service provider when implementing contractual obligations with data subjects.

If there is no further guidance on this criterion, we believe that it would be open to the authority’s discretion in interpretation and the arguments of the parties on a case-by-case basis.

(5) The processing is to serve the activities of state agencies prescribed by sector-specific laws.

Remarks: Resolution 27 included the criterion “the processing is for competent state agencies’ investigation and handling of law violations,” which has been removed from Resolution 13. It could be argued, however, that this criterion under Resolution 13 is sufficiently broad to cover the same cases.

Review by the National Assembly

Following the issuance of Resolution 13, on February 8, 2023, the National Assembly’s Committee for Defense and Security held a plenary meeting to review and discuss the newly approved Draft PDPD. According to media reports recapping the discussion, most of the delegates attending the meeting believed that this version of the Draft PDPD had been prepared quite thoroughly, with due consideration of opinions contributed by other state agencies and the public during the consultancy phase. However, given the significance of the PDPD, which covers novel issues that have rarely been tested in practice, the Draft PDPD was still subject to extensive comments from the delegates in the meeting, and possible further review by the Committee for Defense and Security.

What’s Next for the Draft PDPD?

Resolution 13 approves the content of the government’s report on the Draft PDPD, the report on collecting and considering opinions of the Standing Committee of the National Assembly, and the content of the latest version of the Draft PDPD; and assigns the Minister of Public Security, on behalf of the government, to report on and consult with the Standing Committee on the Draft PDPD. This means the resolution works as direction and approval of principles for key issues so that the Ministry of Public Security can complete the Draft PDPD for the Standing Committee’s approval before its eventual promulgation.

According to Article 2 of Resolution 13, as the next step, the Minister of Public Security will have to consult the Standing Committee of the National Assembly on the new version of the Draft PDPD. No specific timeline for promulgation has been announced. Following the review session by the Committee for Defense and Security, the Ministry of Public Security will need to consider the opinions of the delegates in the session and update the Draft PDPD accordingly, before submitting it to the Standing Committee.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

November 12, 2025
Thailand’s Customs Department has announced the cancellation of the longstanding de minimis exemption, which waives import duties on goods valued at THB 1,500 or less, as of January 1, 2026. This policy shift will directly impact e-commerce, logistics, and retail sectors, and will have wide-ranging implications for any company involved in cross-border trade with Thailand. Background Under current regulations, imported goods with a customs value (cost, insurance, and freight, or “CIF”) of THB 1,500 or less are exempt from import duties. This has been a cornerstone of the cross-border e-commerce model, allowing for the duty-free import of millions of small parcels. Under the new policy effective January 1, 2026, all imported goods, regardless of value, will be subject to assessment for import duties upon entry into Thailand. The stated rationale for this change is to create fair competition for Thai small and medium-sized enterprises (SMEs), which must pay VAT and other costs on their goods, putting them at a price disadvantage against foreign sellers who utilize the de minimis loophole. Business Implications This policy change will create new costs, compliance burdens, and operational challenges. For foreign e-commerce sellers and platforms: The most direct impact will be the addition of import duties to low-value items. Assuming the costs are passed on to the consumer, the higher prices and potentially more complex or slower customs clearance processes could lead to increased cart abandonment and reduced consumer demand. Businesses should review their pricing models and develop a clear strategy for calculating, declaring, and paying these new duties. For logistics providers and customs brokers: The administrative burden will be considerable. Carriers that previously handled millions of nondutiable parcels will now be required to process them for duty assessment and collection. This may necessitate new IT systems and streamlined processes to avoid delays at
Read More
November 7, 2025
Thailand and the United States signed a memorandum of understanding (MOU) titled “Cooperation to Diversify Global Critical Minerals Supply Chains and Promote Investments” on October 26, 2025, signaling a new strategic alignment aimed at developing Thailand’s mineral sector, particularly in rare earth elements (REEs). The MOU has implications for investments in technology, manufacturing, and other related sectors. This update outlines the key provisions of the MOU and the potential opportunities and legal navigating points for businesses. Objectives The primary driver of this agreement is the US initiative to diversify global supply chains for critical minerals and reduce reliance on current market leaders, particularly China. For Thailand, it represents a major opportunity to attract high-tech investment and develop its downstream processing industries. The cooperation is set to focus on five main areas: Technical knowledge: Exchange of technical expertise and international best practices to strengthen Thailand’s mining and processing sector. Joint cooperation: Establishing workshops, seminars, and scientific collaboration to boost innovation. Regulatory practice: Promoting good governance and streamlining regulatory and licensing procedures. Information sharing: Sharing data on potential projects and global market prices. Full-value chain: The MOU covers the entire mineral lifecycle, from exploration and extraction to processing, refining, and recycling. “First Opportunity to Invest” Clause The most debated provision within the MOU states that “participants expect to have the first opportunity to invest . . . in critical minerals assets that may be sold in Thailand.” Business implications: This clause is widely interpreted as granting US companies a first look or preferential access to investment opportunities in Thailand’s critical minerals sector. This could be a significant advantage for US-based or affiliated companies in mining, technology, and energy seeking to secure a foothold in a developing REE supply chain. Thai government position: Thai officials, including the prime minister, have publicly clarified
Read More
October 31, 2025
On September 29, 2025, Thailand’s Office of the Personal Data Protection Committee (PDPC Office) published its Regulations on the Review and Certification of Binding Corporate Rules B.E. 2568 (2025) (the Regulations). The Regulations provide clarity on the PDPC Office’s approach to reviewing and certifying binding corporate rules (BCRs) under Section 29 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA), and aim to facilitate international data transfers within a group of undertakings or enterprises (a “corporate group”). In conjunction with this development, the PDPC Office also approved BCRs for two companies operating in Thailand on September 30, 2025. This milestone represents the first concrete progress since the PDPC’s Notification on Criteria for the Protection of Personal Data Sent or Transferred to a Foreign Country pursuant to Section 29 of the PDPA B.E. 2566 (2023) came into effect in March 2024. Some key features of the Regulations are set out below. Categorization of BCRs BCRs are classified into two types: (1) BCRs for Controllers (BCR-C) and (2) BCRs for Processors (BCR-P). The category must be clearly specified when submitting the BCRs to the PDPC Office. Documentation Requirement The applicant must prepare and submit the application (a standard template may be provided by the PDPC Office in the future) along with supporting documents for review and certification in the Thai language. If the supporting documents are in a foreign language, a certified Thai translation should be provided. The translation must be notarized by a notary public or qualified person. Supporting documents may include, among others, a binding instrument such as an intra-group agreement, or a list of entities subject to the BCRs. Expedited Process Requirement Organizations with existing BCR approvals under the EU or UK GDPR, or from countries announced by the PDPC under Section 28, may apply through an
Read More
October 26, 2025
AI-generated songs are now making waves in Vietnam on platforms like TikTok, with tracks such as “Say mot doi vi em” quickly gaining popularity and sparking widespread attention. This phenomenon raises a host of legal and ethical questions: Who is the author of these songs? Can they be protected by copyright? Who is responsible if there is an infringement? These questions are becoming increasingly urgent as AI music becomes more mainstream in Vietnam. Copyright Protection for AI-Generated Music in Vietnam Under current Vietnamese law, copyright protection is reserved for works that bear the mark of human creativity. The 2022 amendments to Vietnam’s Intellectual Property Law reaffirm that only works created by humans are eligible for copyright. In practice, if a human meaningfully contributes to the creative process—by providing prompts, making selections, editing, or arranging—their contribution may be protected. However, if a song is generated entirely by AI without significant human input, it is unlikely to qualify for copyright protection. When an AI-generated song does not qualify for copyright protection, the question arises as to whether the person who writes the prompts, edits, or compiles the work can still be considered the owner of an asset under the Vietnamese Civil Code. According to Article 105 of the Civil Code 2015, assets include objects, money, valuable papers, and property rights. While AI-generated music that is not protected by copyright is not considered money or valuable papers, it may be regarded as an object (in the form of a digital file or recording) or as a property right if it can be possessed, used, transferred, or exploited for value. Use of AI-Generated Works Without Copyright Protection If a song is not protected by copyright, does that mean anyone can use it freely? Not necessarily. The absence of copyright does not mean the
Read More