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​ 

January 6, 2026
On December 30, 2025, Thailand’s Electronic Transactions Development Agency (ETDA) notified digital marketplace operators of a consolidated list of “high‑risk products” that are subject to strict monitoring on digital platforms. The list was jointly prepared by the Thai Industrial Standards Institute (TISI) and the Food and Drug Administration (FDA) to guide platform compliance in the initial phase of implementation of the Electronic Transaction Committee’s Notification on Other Measures for Marketplace for Goods with Specific Characteristics under Section 18(2) of the 2022 Royal Decree on Digital Platform Businesses Requiring Notification B.E.2568 (2025). The notice is addressed to operators of digital platform services that function as product marketplaces with specific characteristics laid out in the notification. The ETDA states that the TISI and the FDA are closely monitoring the high‑risk product categories on digital platforms, and the published list serves as the baseline reference for platform screening during the initial phase of the notification’s implementation. High‑Risk Product List The list aggregates categories of products that are illegal to sell online or are otherwise tightly regulated under Thai law, with an emphasis on health-related products, controlled substances, medical devices, and a wide range of industrial products that require certification or compliance with specified Thai Industrial Standards, as detailed below. Prohibited and tightly controlled health products. This includes all categories of modern medicines subject to control other than general household remedies; all categories of controlled herbal products except for over-the-counter herbal products; narcotics; psychotropic substances; and medical devices requiring use in medical facilities or a physician’s prescription. Selected industrial products requiring heightened controls. The list highlights dozens of TISI-regulated items commonly sold online. Examples include pacifiers, rice cookers, electrical wire, food wrap film, crayons, washing machines and dryers, air conditioners, electric cookers and air fryers, water heaters, microwave ovens, LED luminaires, hair dryers
Read More
January 5, 2026
On December 31, 2025, the government of Vietnam promulgated Decree No. 356/2025/ND-CP detailing and guiding the implementation of the new Personal Data Protection Law (PDPL) that was issued in June 2025. The new decree, like the PDPL, entered into force on January 1, 2026, with the previous Decree No. 13/2023/ND-CP on personal data protection ceasing effect on the same day. Some key points of the new decree include the following: Comprehensive lists of basic and sensitive personal data are provided, which will require companies to review again their existing documents and data type classification to ensure compliance. New timelines are established for responding to specific data subject requests. These timelines are more reasonable and longer than the previous 72-hour requirements. Additional consent guidelines are provided, prohibiting default consent or ambiguous instructions that confuse data subjects about giving or withholding consent. Mandatory content for data transfer agreements/clauses in particular cases is provided. This covers, among other things, (i) the legal basis for the transfer of personal data; (ii) responsibilities for personal data protection during the transfer and processing of personal data; (iii) responsibilities for ensuring the exercise of the rights of personal data subjects; and (iv) responsibilities for coordination and compliance of the parties in cases where violations of personal data protection regulations are detected. The qualifications and responsibilities of data protection officers (DPOs) and data protection departments include, among others, having been trained and fostered in legal knowledge and professional skills regarding personal data protection. There are no specific provisions governing the qualifications or requirements for organizations that provide data protection training or education. New mandatory templates and requirements are provided in relation to data processing impact assessment and data transfer impact assessment, and for cases in which companies need to re-submit assessments to the regulator. Stricter requirements are
Read More
December 30, 2025
On December 17, 2025, Laos’ Ministry of Industry and Commerce (MOIC) issued a notice introducing a new digital system that allows e-commerce businesses to obtain required certificates and licenses through an online, application-based platform. Notice No. 3988, which will take effect on February 1, 2026, introduces the E-Trust platform, a downloadable application that allows e-commerce businesses to remotely obtain acknowledgement certificates and business operating licenses. New Digital Registration Options Under the previous framework established by the Decree on E-commerce (2021), businesses were required to complete registration exclusively through paper-based submissions. The new system now offers businesses two registration options: Traditional paper-based process at the Division of E-commerce Management within the MOIC; or Electronic registration and renewal through the E-Trust platform. This change is expected to streamline procedures, reduce administrative burdens, and enhance accessibility for businesses operating outside Vientiane. The E-Trust platform facilitates compliance for both individuals and legal entities required to submit applications and renewals for required certificates and licenses. The development is particularly beneficial for businesses located in remote provinces, as it eliminates the need for physical travel and significantly accelerates processing times. Compliance Requirements and Penalties Businesses must obtain or renew the required certificates and licenses to avoid sanctions under the Decision on Fines and Other Measures for Violation of the Decree and Regulations on E-commerce (No. 2828/MOIC, dated November 11, 2025). Penalties for noncompliance may include monetary fines and other enforcement measures.
Read More
December 26, 2025
Thailand has granted ride-sharing platforms additional time to comply with new regulatory requirements, extending the compliance deadline to March 31, 2026 (replacing the previous deadline of October 2, 2025). The postponement was made official on December 18, 2025, when Thailand’s Electronic Transactions Development Agency (ETDA) published the second Notification Regarding Supervision of Ride-Hailing Platforms Classified as High-Impact Digital Platform Services under the Royal Decree on Digital Platform Service Businesses. The notification provides additional time for ride-sharing platforms and drivers to transition to full regulatory compliance. The extension replaces the effective date provision of the earlier notification and applies specifically to ride-hailing activities. Background The postponement responds to feedback from operators and driver groups regarding challenges converting private vehicles into legally registered public vehicles, including complex registration procedures, high compliance costs, and operational delays. The Department of Land Transport (DLT) is concurrently reforming its vehicle registration and driver verification processes to streamline operations. Given these issues, the Electronic Transactions Committee has deferred enforcement to provide an adjustment period for operators and drivers to meet compliance requirements. Ongoing Obligations While the effective date has been deferred, the substantive obligations imposed on ride-sharing platforms remain fully intact. Operators must continue preparing to comply with the additional duties applicable to high-impact digital platform services, beyond the general requirements under the digital platform services framework. Operators are expected to use the extended transition period to finalize operational and compliance readiness ahead of enforcement on March 31, 2026. Key focus areas include: Integration with DLT vehicle-registration systems Deployment of robust driver and passenger identity verification mechanisms Updates to platform terms of service, driver-onboarding standards, and internal operational policies Preparation for ETDA reporting obligations and future audit and review processes Next Steps While the postponement replaces the previous effective date with the new March 31, 2026,
Read More