Vietnam’s Ministry of Public Security has released a Draft Decree on Personal Data Protection for comments, with an ambitious goal of taking effect on December 1, 2021. In its current form, the Draft would pose several challenges to businesses.

In Vietnam, divisional practice is fairly flexible.  Specifically, one or more divisional applications can be filed: (1) in response to a lack of unity rejection; and/or (2) at any time for any reason (e.g., voluntary divisionals are permitted).  

Attorneys from Tilleke & Gibbins’ offices in Vietnam have contributed the Vietnam chapter to the Foreign Investment Review 2021, a global guide to the legal and regulatory environment for foreign investment in 25 jurisdictions worldwide. Published and distributed by Getting the Deal Through (GTDT), the guide discusses law and policy on oversight of foreign investment, regulatory frameworks, procedural requirements, and other important stipulations for foreign investors. The Vietnam chapter, which was authored by Phuong Thi Minh Tran, an attorney-at-law in Tilleke & Gibbins’ Ho Chi Minh City office, and Nam Ngoc Trinh, an attorney-at-law in the firm’s Hanoi office, covers the following topics: Law and Policy: Government policies and practices, main laws and their scope of application (including details on investment promotional measures), definitions, rules for state-owned enterprises and sovereign wealth funds, relevant authorities and oversight, and national interest provisions. Procedure: Jurisdictional thresholds, national interest clearance, securing approval, the review process for competition clearance and associated penalties, involvement of authorities, facilitation of clearance, and post-closing regulatory powers. Substantive assessment: Substantive tests for clearance, authorities’ consultation with other countries and other relevant parties, transactional prohibitions and objections, mitigating arrangements and challenges to a decision, and protection of confidential information. Recent cases, updates, and trends: Relevant recent case law, key recent and ongoing developments. The Vietnam chapter is available below as a PDF. Tilleke & Gibbins also contributed the Cambodia, Laos, and Myanmar chapters to Foreign Investment Review 2021. To browse all 25 jurisdictions covered by the guide, please visit the Getting the Deal Through website.

Members of Tilleke & Gibbins’ technology team contributed the Vietnam chapter of the recently published Data Protection Laws of the World (10th Edition), a widely consulted handbook to privacy and data protection laws across more than 100 different jurisdictions.