Nghị định 13/2023/NĐ-CP về bảo vệ dữ liệu cá nhân

DECREE

PROTECTION OF PERSONAL DATA

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to Civil Code dated November 24, 2015;

Pursuant to the Law on National Security dated December 03, 2004;

Pursuant to the Cybersecurity Law dated June 12, 2018;

At the request of the Minister of Public Security of Vietnam;

The Government promulgates a Decree on protection of personal data.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for personal data protection and responsibilities of relevant agencies, organizations and individuals for protection of personal data.

2. This Decree applies to:

a) Vietnamese agencies, organizations and individuals;

b)  Foreign authorities, entities and individuals in Vietnam;

c) Vietnamese agencies, organizations and individuals that operate in foreign countries;

d)  Foreign agencies, organizations and individuals that directly process or are involved in processing personal data in Vietnam.

Article 2. Definition of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Personal data” refers to electronic information in the form of symbols, letters, numbers, images, sounds, or equivalences associated with an individual or used to identify an individual. The personal data includes general personal data and sensitive personal data.

2. “Information used for identification of an individual" refers to information that results from an individual's activities and may identify an individual when it is combined with other stored information and data.

3. General personal data includes:

a) Last name, middle name and first name, other names (if any);

b) Date of birth; date of death or going missing;

c) Gender;

d) Place of birth, registered place of birth; place of permanent residence; place of temporary residence; current place of residence; hometown; contact address;

dd) Nationality;

e) Personal image;

e) Phone number; ID Card number, personal identification number, passport number, driver’s license number, license plate, taxpayer identification number, social security number and health insurance card number;

h) Marital status;

i) Information about the individual’s family relationship (parents, children);

k) Digital account information; personal data that reflects activities and activity history in cyberspace;

l) Information associated with an individual or used to identify an individual other than that specified in Clause 4 of this Article.

4. “Sensitive personal data” refers to personal data in association with individual privacy which, when being infringed, will directly affect an individual's legal rights and interests, including:

a) Political and religious opinions;

b) Health condition and personal information stated in health record, excluding information on blood group;

c) Information about racial or ethnic origin;

d) Information about genetic data related to an individual's inherited or acquired genetic characteristics;

dd) Information about an individual’s own biometric or biological characteristics;

e) Information about an individual’s sex life or sexual orientation.

g) Data on crimes and criminal activities collected and stored by law enforcement agencies;

h) Information on customers of credit institutions, foreign bank branches, payment service providers and other licensed institutions, including: customer identification as prescribed by law, accounts, deposits, deposited assets, transactions, organizations and individuals that are guarantors at credit institutions, bank branches, and payment service providers;

i) Personal location identified via location services;

k) Other specific personal data as prescribed by law that requires special protection.

5. “Personal data protection” refers to an act of preventing, detecting and handling violations related to personal data in accordance with the law.

6. “Data subject” refers to an individual to whom the data relates.

7. “Personal data processing” refers to one or multiple activities that impact on personal data, including collection, recording, analysis, confirmation, storage, rectification, disclosure, combination, access, traceability, retrieval, encryption, decryption, copying, sharing, transmission, provision, transfer, deletion, destruction or other relevant activities.

8. “Consent” of a data subject refers to an act that the data subject permits the processing of his/her personal data in a clear, voluntary and affirmative manner.

9. “Personal Data Controller” refers to an organization or individual that decides purposes and means of processing personal data.

10. “Personal Data Processor” refers to an organization or individual that processes data on behalf of the Personal Data Controller via a contract or agreement with the Personal Data Controller.

11. “Personal Data Controller-cum-Processor” refers to an organization or individual that jointly decides purposes and means, and directly processes personal data.

12. “Third Party” refers to an organization or individual other than the data subject, Personal Data Controller, Personal Data Processor, and Personal Data Controller-cum-Processor that is permitted to process personal data.

13. "Automated processing of personal data” refers to a form of personal data processing performed by electronic devices with a view to assessing, analyzing and predicting an individual’s activities, including habits, preference, reliability, behavior, location, trends, capability and other circumstances.

14. “Outbound transfer of personal data” refers to an act of using cyberspace, electronic devices, equipment, or other forms to transfer personal data of a Vietnamese citizen to a location outside the territory of the Socialist Republic of Vietnam or using a location outside the territory of the Socialist Republic of Vietnam to process personal data of a Vietnamese citizen. To be specific:

a) An organization, enterprise or individual transfers personal data of a Vietnamese citizen to an overseas organization, enterprise or management department in order to process the data for the purposes agreed upon by the data subject;

b) The personal data of a Vietnamese citizen is processed by automatic systems outside the territory of the Socialist Republic of Vietnam of the Personal Data Controller, Personal Data Controller-cum-Processor, Personal Data Processor for the purposes agreed upon by the data subject.

Article 3. Rules for protection of personal data

1. The personal data shall be processed as prescribed by law.

2. The data subject shall be entitled to receive information related to the processing of his/her personal data, unless otherwise provided for by law.

3. The personal data shall be processed for the purposes that have been registered and declared by the Personal Data Controller, the Personal Data Processor, the Personal Data Controller-cum-Processor and the Third Party.

4. The collected personal data shall be appropriate for the scope and purposes of processing.  The purchase or sale of personal data shall be prohibited in any form, unless otherwise provided for by law.

5. The personal data shall be updated and added for the processing purposes.

6. The personal data shall be protected and secured throughout the processing. To be specific, the personal data shall be protected from violations against regulations on protection of personal data and prevention of loss, destruction or damage caused by incidents and use of technical measures.

7. The personal data shall be stored within a period of time that is appropriate for the processing purposes, unless otherwise provided for by law.

8. The Personal Data Controller and the Personal Data Controller-cum-Processor shall comply with the rules for data processing specified in Clauses 1 through 7 of this Article and prove their compliance.

Article 4. Handling violations against regulations on protection of personal data

Agencies, organizations and individuals that commit violations against regulations on protection of personal data, depending on the severity of their violations, may be disciplined, or face administrative penalties or criminal prosecution according to regulations.

Article 5. State management of personal data protection

The Government shall ensure uniform state management of personal data protection.

Contents of state management include:

1. Requesting competent authorities to promulgate or promulgate within its jurisdiction legal documents, and directing and organizing the implementation of legal documents on protection of personal data.

2. Formulating and organizing the implementation of strategies, policies, schemes, projects, programs and plans for protection of personal data.

3. Providing guidance on measures, procedures and standards of protection of personal data for agencies, organizations and individuals in accordance with law.

4. Disseminating and educating the law on protection of personal data; communicating and disseminating skills and knowledge about protection of personal data.

5. Developing and providing training and refresher training for officials, public employees and persons assigned to protect personal data.

6. Inspecting the observance of law on protection of personal data; handling complaints, denunciations and violations against regulations on protection of personal data as prescribed by law.

7. Compiling statistics, and giving information and reports on protection of personal data and the observance of law on personal data protection to competent authorities.

8. Encouraging international cooperation in protection of personal data.

Article 6. Application of Decree on protection of personal data, relevant laws and international treaties

The personal data protection shall comply with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory, relevant laws and this Decree.

Article 7. International cooperation in protection of personal data.

1. Developing mechanisms for international cooperation in order to facilitate the effective enforcement of laws on protection of personal data.

2. Engaging in judicial assistance in protecting personal data by other countries, including notification, complaints, assistance in investigating and exchanging information, and appropriate measures for protecting personal data.

3. Organizing conferences and seminars, conducting scientific research and promoting international cooperation in enforcement of the law on protection of personal data.

4. Organizing bilateral and multilateral meetings to exchange experience in drafting legislation and having the practice of protection of personal data.

5. Transferring technology serving protection of personal data.

Article 8. Prohibited acts

1. Processing personal data in contravention of regulations of law on protection of personal data.

2. Processing personal data in order to provide information and data against regulations of the Socialist Republic of Vietnam

3. Processing personal data in order to provide information and data that affect national security, social order and safety, and legitimate rights and interests of other organizations and individuals.

4. Obstructing protection of personal data by competent authorities.

5. Taking advantage of protection of personal data to commit violations of law.

Chapter II

PERSONAL DATA PROTECTION

Section 1. RIGHTS AND OBLIGATIONS OF DATA SUBJECT

Article 9. Data subject’s rights

1. Right to be informed

The data subject has the right to be informed of his/her personal data processing, unless otherwise provided for by law.

2. Right to give consent

The data subject has the right to give consent to the processing of his/her personal data, other than cases specified in Article 17 of this Decree.

3. Right to access personal data

The data subject has the right to access his/her personal data in order to look at, rectify or request rectification of his/her personal data, unless otherwise provided for by law.

4. Right to withdraw consent

The data subject has the right to withdraw his/her consent, unless otherwise provided for by law.

5. Right to delete personal data

The data subject has the right to delete or request deletion of his/her personal data, unless otherwise provided for by law.

6. Right to obtain restriction on processing

a) The data subject has the right to obtain restriction on the processing of his/her personal data, unless otherwise provided for by law.

b) The restriction on the processing of personal data shall be implemented within 72 hours after receiving request of the data subject, and all personal data that the data subject requests the restriction, unless otherwise provided for by law.

7. Right to obtain personal data

The data subject has the right to request the Personal Data Controller and the Personal Data Controller-cum-Processor to provide him/her with his/her personal data, unless otherwise provided for by law.

8. Right to object to processing

a) The data subject has the right to object to the Personal Data Controller and the Personal Data Controller-cum-Processor processing his/her personal data in order to prevent or restrict the disclosure of personal data or the use of personal data for advertising and marketing purposes, unless otherwise provided for by law.

b) The Personal Data Controller and the Personal Data Controller-cum-Processor shall comply with the data subject’s request within 72 hours after receiving the request, unless otherwise provided for by law.

9. Right to file complaints, denunciations and lawsuits 

The data subject has the right to file complaints, denunciations and lawsuits as prescribed by law.

10. Right to claim damage

The data subject has the right to claim damage as prescribed by law when there are violations against regulations on protection of his/her personal data, unless otherwise agreed by parties or unless otherwise prescribed by law.

11. Right to self-protection

The data subject has the right to self-protection according to regulations in the Civil Code, other relevant laws and this Decree, or request competent agencies and organizations to implement civil right protection methods according to regulations in Article 11 of the Civil Code.

Article 10. Data subject’s obligations

1. Protect his/her own personal data; request relevant organizations and individuals to protect his/her personal data.

2. Respect and protect others’ personal data.

3. Fully and accurately provide his/her personal data when he/she consents to the processing.

4. Participate in dissemination of personal data protection skills.

5. Comply with regulations of law on protection of personal data and prevent violations against regulations on protection of personal data.

Section 2. PERSONAL DATA PROTECTION THROUGHOUT THE PROCESS OF PROCESSING

Article 11. Consent of a data subject

1. The consent of the data subject shall be granted to all activities in the processing of his/her personal data, unless otherwise provided for by law.

2. The consent is only valid when the data subject voluntarily consents and clearly knows the following contents:

a) Type of personal data;

b) Purposes;

c) Organization or individual permitted to process personal data;

d) Rights and obligations of the data subject.

3. The consent of the data subject shall be expressed in a clear and specific manner in writing, by voice, by ticking the consent box, by consent syntax via message, by selecting consent settings or by other forms.

4. The consent must be bound to the same purpose.  In case of multiple purposes, the Personal Data Controller and the Personal Data Controller-cum-Processor shall list these purposes so that the data subject consents to one or several purposes that have been set out.

5. The consent of the data subject shall be expressed in a format that can be printed and reproduced in writing, including in electronic or verifiable format.

6. Silence or non-response is not considered as consent.

7. The data subject may give partial or conditional consent.

8. In case of the processing of sensitive personal data, the data subject shall receive notification of thereof.

9. The consent of the data subject is valid until the data subject has other decisions or the competent authority makes written request.

10. In case of a dispute, the Personal Data Controller and the Personal Data Controller-cum-Processor shall prove consent of the data subject.

11. Via the authorization in accordance with regulations of the Civil Code, an organization or individual may act on behalf of the data subject to carry out procedures related to the processing of his/her personal data with the Personal Data Controller and the Personal Data Controller-cum-Processor in case the data subject knows and consents as prescribed in Clause 3 of this Article, unless otherwise provided for by law.

Article 12. Consent withdrawal

1. The withdrawal of consent shall not affect the lawfulness of the processing to which consent was given before it is withdrawn.

2. The withdrawal of consent shall be expressed in a format that can be printed and reproduced in writing, including in electronic or verifiable format.

3. When obtaining request for consent withdrawal from the data subject, the Personal Data Controller and the Personal Data Controller-cum-Processor shall notify the data subject of potential consequences and damage if she/he withdraws his/her consent.

4. After complying with regulations in Clause 2 of this Article, the Personal Data Controller, the Personal Data Processor, the Personal Data Controller-cum-Processor and the Third Party shall stop and request relevant organizations and individuals to stop processing the personal data of the data subject who has withdrawn his/her consent.

Article 13. Notification of personal data processing

1. The notification shall be made once before the personal data is processed.

2. The following contents of the processing of personal data shall be notified to the data subject:

a) Processing purposes;

b) Type of used personal data related to the purposes specified in Point a Clause 2 of this Article;

c) Method of processing personal data;

d) Information on other organizations and individuals related to the processing purposes specified in point a Clause 2 of this Article;

dd) Undesirable consequences and damage that may occur;

e) Starting and ending time.

3. The notification to the data subject shall be expressed in a format that can be printed and reproduced in writing, including in electronic or verifiable format.

4. The Personal Data Controller and the Personal Data Controller-cum-Processor are not required to comply with regulations specified in Clause 1 of this Article in the following cases:

a) The data subject knows and fully consents to the contents specified in Clauses 1 and 2 of this Article before permitting the Personal Data Controller and the Personal Data Controller-cum-Processor to collect his/her personal data in accordance with regulations in Article 9 of this Decree;

b) The personal data is processed by the competent state agency with a view to serving operations by such agency as prescribed by law.

Article 14. Personal data provision

1. The data subject has the right to request the Personal Data Controller or the Personal Data Controller-cum-Processor to provide him/her with his/her personal data. 

2. The Personal Data Controller or the Personal Data Controller-cum-Processor:

a) is permitted to provide personal data of the data subject for other organizations and individuals when obtaining consent from the data subject, unless otherwise provided for by law;

b) provides the data subject’s personal data for other organizations and individuals on behalf of the data subject if approved and authorized by the data subject, unless otherwise provided for by law;

3. b) The Personal Data Controller or the Personal Data Controller-cum-Processor shall provide the personal data of the data subject within 72 hours after receiving his/her request, unless otherwise provided for by law.

4. The Personal Data Controller and the Personal Data Controller-cum-Processor shall not provide the personal data in the following cases:

a) It causes harm to the national security, social order and safety;

b) The provision of personal data may affect the safety, physical or mental health of other persons;

c) The data subject does not consent to provision of his/her personal data, and does not permit or authorize any Third Party to receive his/her personal data.

5. Methods of requesting for provision of personal data:

a) The data subject shall directly come or authorize another person to come to the office of the Personal Data Controller or the Personal Data Controller-cum-Processor to request for provision of his/her personal data. 

The request-receiving person shall be responsible for instructing the requesting organization or individual to fill in a personal data request form.

If the requesting organization or individual is illiterate or disabled, and cannot write the request, the request-receiving person shall be responsible for assisting such organization or individual in filling in the personal data request form;

b) The request form for provision of personal data according to forms No. 01 and No. 02 specified in the Appendix of this Decree shall be sent electronically, by post or by fax to the Personal Data Controller, the Personal Data Controller-cum-Processor.

6. The personal data request form shall be made in Vietnamese language, including the following main contents:

a) Full name; place of residence, address; ID Card number or passport number of the requesting person; fax number, phone number, email address (if any);

b) Requested personal data, which specifies name of documents,

c) Methods of providing personal data;

d) Reasons and purposes for provision of personal data. 

7. In case of request for provision of personal data specified in Clause 2 of this Article, a written consent of the relevant individual or organization shall be attached.

8. Receipt of the request for provision of personal data

a) The Personal Data Controller or the Personal Data Controller-cum-Processor shall be responsible for receiving requests for provision of personal data, and monitoring the process and the list of personal data provided upon request;

b) The Personal Data Controller and the Personal Data Controller-cum-Processor shall notify and instruct the requesting organization or individual to come to the competent authority or notify the inability to provide personal data in case the requested personal data falls outside of their jurisdiction.

9. Settlement of the request for provision of personal data

When receiving a valid request for provision of personal data, the Personal Data Controller and the Personal Data Controller-cum-Processor that are responsible for providing personal data shall notify the deadline, location, methods of providing personal data; actual costs for printing, copying, photocopying and sending information by post, by fax (if any) and payment method and term; and provide personal data according to procedures specified in this Article.

Article 15. Rectification of personal data

1. A data subject has the right to:

a) Access his/her personal data in order to view and rectify it after the Personal Data Controller and the Personal Data Controller-cum-Processor collects the data under his/her consent, unless otherwise provided for by law.

b) Request the Personal Data Controller and the Personal Data Controller-cum-Processor to rectify his/her personal data in case he/she cannot directly rectify his/her personal data due to technical reason or other reasons. 

2. The Personal Data Controller and the Personal Data Controller-cum-Processor shall rectify personal data of the data subject after obtaining his/her consent when possible or according to regulations of specialized law.  In case it is impossible to rectify personal data, the Personal Data Controller and the Personal Data Controller-cum-Processor shall notify the data subject after 72 hours from the time of receipt of his/her request.

3. The Personal Data Processor and the Third Party may rectify the personal data of the data subject after the Personal Data Controller and the Controller and the Personal Data Processor consent in writing and obtain consent from the data subject.

Article 16. Storage, deletion and destruction of personal data

1. The data subject has the right to request the Personal Data Controller and the Personal Data Controller-cum-Processor to delete his/her personal data in the following cases: 

a) The data subject no longer finds the data necessary for the purposes for which it was collected under his/her consent and he/she accepts any damage that may be caused by the deletion;

b) The data subject withdraws consent;

c) The data subject objects to the processing of his/her personal data and the Personal Data Controller and the Personal Data Controller-cum-Processor do not have sound reasons for continuation in the processing;

d) The personal data is processed for purposes other than those that the data subject gives the consent or the processing of personal data is a violation against regulations of law;

dd) The personal data shall be deleted as prescribed by law.

2. The personal data shall not be deleted at the request of the data subject in the following cases:

a) The deletion of personal data is prohibited by law;

b) The personal data is processed by the competent state agency with a view to serving operations by such agency as prescribed by law.

c) The personal data has been disclosed as prescribed by law.

d) The personal data is processed with a view to serving law, scientific research and statistics as prescribed by law;

dd) The personal data shall not be deleted in the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to regulations of law;

e) It is required to respond to emergent cases that threaten the life and health or the safety of the data subject or other persons.

3. In case of full division, partial division, merger, consolidation or dissolution of an enterprise, the personal data shall be transferred in accordance with law.

4. In case of full division, partial division or merger of an agency, organization or administrative unit, and reorganization or transformation of ownership of a state-owned enterprise, the personal data shall be transferred in accordance with law.

5. b) The deletion of personal data shall be implemented within 72 hours after receipt of the data subject’s request, and all personal data collected by the Personal Data Controller and the Personal Data Controller-cum-Processor, unless otherwise provided for by law.

6. The Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor and the Third Party shall store personal data in forms in conformity with their operations and adopt measures for protecting the personal data as prescribed by law.

7. The Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor and the Third Party shall permanently delete personal data in the following cases:

a) The personal data is processed for unintended purposes or they have accomplished their processing purposes under the consent of the data subject;

b) The storage of personal data is no longer necessary for their operations.

c) The Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor and the Third Party are dissolved or no longer operate or declare bankruptcy or terminate their business activities in accordance with the law.

Article 17. Personal data processing without the consent of data subject

1. The personal data shall be processed to protect the life and health of the data subject or others in an emergency situation.  The Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor and the Third Party shall be responsible for proving such situation. 

2. Disclosure of personal data in accordance with the law;

3. Processing of personal data by competent regulatory authorities in the event of a state of emergency regarding national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a threat to security and national defense but not to the extent of declaring a state of emergency; to prevent and fight riots and terrorism, crimes and law violations according to the provisions of law;

4. The personal data shall be processed to fulfill obligations under contracts the data subjects with relevant agencies, organizations and individuals as prescribed by law;

5. The personal data shall be processed to serve operations by regulatory authorities as prescribed by relevant laws.

Article 18. Processing of personal data obtained from audio and video recording activities in public places

Competent agencies and organizations may make audio and video recording and process personal data obtained from audio or video recording activities in public places in order to protect national security, social order and safety, legitimate rights and interests of organizations and individuals as prescribed by law without the consent of the data subjects. When making audio and video recording, competent agencies and organizations shall notify the data subjects that such data subjects are being recorded, unless otherwise provided for by law.

Article 19. Processing of personal data of individuals who are declared missing or deceased

1. The processing of personal data related to the personal data of an individual who is declared missing or deceased is subject to the consent of his/her spouse or adult children, or his/her parents if he/she has no spouse or child, except for cases specified in Articles 17 and 18 of this Decree.

2. In the absence of all the persons mentioned in Clause 1 of this Article, it is considered that there is no consent.

Article 20. Processing of children's personal data

1. The children’s personal data shall be processed in the manner that the rights and the best interests of the children are protected.

2. The processing of personal data of a child is subject to his/her consent if he/she is seven years old or above and the consent of his/her parents or guardian(s), except for cases specified in Article 17 of this Decree. The Personal Data Controller, Personal Data Processor, Personal Data Controller-cum-Processor and the Third Party shall verify the age of the child before processing his/her personal data.

3. The processing of the child’s personal data shall be stopped and the personal data shall be permanently deleted or destroyed in the following cases:

a) The personal data is processed for unintended purposes or the processing purposes have been accomplished under the consent of the data subject, unless otherwise provided for by law;

b) The child’s parent or guardian withdraws the consent to the processing of the child’s personal data, unless otherwise provided for by law;

c) There are sufficient grounds to prove that the processing of the child’s personal data affects legitimate rights and interests of the child at the request of the competent authority, unless otherwise provided for by law;

Article 21. Protection of personal data upon provision of marketing and advertising services

1. Organizations and individuals that provide marketing and advertising services may only use personal data of customers collected through their business activities to provide marketing and advertising services with the consent of the data subjects.

2. The processing of personal data of customers for provision of marketing and advertising services is subject to the consent of such customers and on the basis that they know contents, methods, forms and frequency of advertising services.

3. Organizations and individuals that provide marketing and advertising services shall prove that the use of personal data of customers meets regulations specified in Clauses 1 and 2 of this Article.

Article 22. Illegally collecting, transferring, purchasing and selling personal data

1. Organizations and individuals related to the processing of personal data shall adopt measures for protecting personal data in order to prevent illegal collection of personal data from their systems and service equipment. 

2. Installation of software systems, implementation of technical measures or organization of collection, transfer, purchase or sale of personal data without the consent of the data subject is a violation of law.

Article 23. Notification of violations against regulations on protection of personal data

1. In case of detection of a violation against regulations on protection of personal data, the Personal Data Controller or the Personal Data Controller-cum-Processor shall notify the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) within 72 hours after such violation is committed according to Form No. 03 in the Appendix to this Decree. If the notification is given after 72 hours, the reason for the late notification shall be provided.

2. The Personal Data Processor shall notify the Personal Data Controller as quickly as possible after detecting the violation against regulations on protection of personal data.

3. Notification contents:

a) Description of the nature of the violation, including: time, place, violation, organization, individual, types of personal data and the amount of relevant data;

b) Contact details of the employee (s) assigned to protect the data or organizations or individuals that are responsible for protecting personal data;

c) Description of consequences and damage that may occur;

d) Description of measures for handling and minimizing the harm caused by the violation.

4. If it is impossible to notify all the information specified in Clause 3 of this Article, the notification may be given every time a piece of information is available.

5. The Personal Data Controller, the Personal Data Controller-cum-Processor shall make a written confirmation of the violation against regulations on protection of personal data, and cooperate with the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) in handling such violation.

6. Organizations and individuals shall notify the Ministry of Public Security (Department of Cybersecurity and Hi-tech Crime Prevention) when detecting the following cases:

a) Violations are detected;

b) Personal data is processed for unintended purposes or against the original agreement between the data subject and the Personal Data Controller, the Personal Data Controller-cum-Processor or in contravention of regulations of law;

c) The data subject's rights are not protected or not properly exercised;

d) Other cases as prescribed by law

Section 3. ASSESSMENT OF IMPACT AND OUTBOUND TRANSFER OF PERSONAL DATA

Article 24. Assessment of impact of personal data processing

1. The Personal Data Controller and the Personal Data Controller-cum-Processor shall make and store their dossiers on assessment of impact of personal data processing from the time of starting to process personal data.

A dossier on assessment of impact of personal data processing includes:

a) Contact information and details of the Personal Data Controller and the Personal Data Controller-cum-Processor;

b) Name and contact details of the organization or employee assigned to protect personal data of the Personal Data Controller and the Personal Data Controller-cum-Processor;

c) Processing purposes;

d) Types of personal data to be processed;

dd) Data-receiving organization or individual, including the organization or individual that is located or lives outside the territory of the Socialist Republic of Vietnam;

e) Cases of outbound transfer of personal data;

g) Duration of processing of personal data; estimated duration of deletion or destruction of personal data (if any);

h) Description of measures for protecting personal data; 

i) Assessment of impact of personal data processing; undesirable consequences and damage that may occur, measures for reducing or removing such consequences and damage.

2. The Personal Data Processor shall make and store the dossier on the assessment of impact of personal data processing in case the Personal Data Processor executes a contract with the Personal Data Controller.  A dossier on assessment of impact of personal data processing of the Personal Data Processor includes:

a) Contact information and details of the Personal Data Processor;

b) Name and contact details of the organization or employee assigned to protect personal data of the Personal Data Processor;

c) Description of processing of personal data and types of personal data to be processed under a contract with the Personal Data Controller;

d) Duration of processing of personal data; estimated duration of deletion or destruction of personal data (if any);

dd) Cases of outbound transfer of personal data;

e) General description of measures for protecting personal data; 

g) Undesirable consequences and damage that may occur, measures for reducing or removing such consequences and damage.

3. The dossier on assessment of impact of personal data processing of the Personal Data Controller, the Personal Data Controller-cum-Processor or the Personal Data Processor specified in Clause 1 and Clause 2 of this Article shall be made in writing that is valid.

4. The dossier on assessment of impact of personal data processing shall be always available in order to serve inspection and assessment by the Ministry of Public Security and the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) shall receive 01 authentic copy according to Form No. 04 in the Appendix of this Decree within 60 days from the date of processing of personal data.

5. The Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) shall make assessment and request the Personal Data Controller, the Personal Data Controller-cum-Processor and the Personal Data Processor to complete their dossiers on assessment in case the assessment is not complete and accurate according to regulations.

6. The Personal Data Controller, the Personal Data Controller-cum-Processor and the Personal Data Processor shall update and amend their dossiers on assessment of impact of personal data processing when there is any change of contents submitted to the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) according to Form No. 05 in the Appendix of this Decree.

Article 25. Outbound transfer of personal data

1. A Vietnamese citizen’s personal data shall be transferred abroad in case where the Sender makes a dossier on assessment of impact of outbound transfer of personal data and carries out the procedures specified in Clauses 3, 4 and 5 of this Article.  The senders include the Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor and the Third Party.

2. A dossier on assessment of impact of outbound transfer of personal data includes:

a) Contact information and details of the Sender and the Receiver;

b) Full name and contact details of an organization or individual under the Sender involved in sending and receiving a Vietnamese citizen’s personal data;

c)  Description and explanation about objectives of the processing of a Vietnamese Citizen’s personal data after the personal data is transferred abroad;

d) Description and clarification of type of personal data to be transferred abroad;

dd) Description and explanation about the observance of regulations on protection of personal data in this Decree, detailed measures for protecting personal data;

e) Assessment of impact of personal data processing; undesirable consequences and damage that may occur, measures for reducing or removing such consequences and damage.

g) Consent of the data subject according to regulations in Article 11 of this Decree when he/she is informed of the mechanism for feedback and complaint in case of arising problems or requests;

h) Document that shows obligations and responsibilities between the Senders and the Receivers for processing of a Vietnamese Citizen’s personal data.

3. A dossier on assessment of impact of outbound transfer of personal data shall be always available in order to serve inspection and assessment by the Ministry of Public Security.

The Sender shall send 01 authentic copy of the assessment to the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) according to Form No. 06 in the Appendix of this Decree within 60 days from the date of processing of personal data.

4. The Sender shall notify the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) of information about the data transfer and contact details of the organization or individual in charge of such transfer in writing after the personal data is successfully transferred.

5. The Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) shall make assessment and request the Sender to complete the dossier on assessment of impact of outbound transfer of personal data in case the assessment is not complete and accurate according to regulations.

6. The Sender shall update and amend the dossier on assessment of impact of outbound transfer of personal data when there is any change of contents submitted to the Ministry of Public Security (Department of Cyber​​security and Hi-tech Crime Prevention) according to Form No. 05 in the Appendix of this Decree.  The duration for completion of the dossier on assessment for the Sender is 10 days from the date of request.

7. According to specific situation, the Ministry of Public Security shall decide to inspect the outbound transfer of personal data once a year, unless it detects violations against the law on protection of personal data in this Decree or a Vietnamese citizen's personal data is leaked or lost.

8. The Ministry of Public Security shall decide to request the Sender to stop transferring personal data abroad in the following cases:

a) It is detected that the transferred personal data is used for activities that violate the interests and national security of the Socialist Republic of Vietnam.

b) The Sender does not comply with regulations in Clause 5 and Clause 6 of this Article;

c) A Vietnamese citizen's personal data is leaked or lost.

Section 4. MEASURES AND CONDITIONS FOR PROTECTION OF PERSONAL DATA

Article 26. Personal data protection measures

1. Measures for protecting personal data shall be adopted from the beginning of and throughout the processing of personal data.

2. Measures for protecting personal data include:

a) Management measure adopted by an organization or individual related to processing of personal data;

b) Technical measure adopted by an organization or individual related to processing of personal data;

c) Measure adopted by a competent authority according to regulations in this Decree and relevant law;

d) Investigation and procedure measures adopted by a competent authority;

dd) Other measures as prescribed by law.

Article 27. General personal data protection

1. Adopt measures mentioned in Clause 2 Article 26 of this Decree.

2. Formulate and promulgate regulations on protection of personal data, which specify tasks to be performed in accordance with this Decree.

3. Encourage application of standards of personal data protection in conformity with fields, industries and activities related to the processing of personal data.

4. Inspect cybersecurity for systems, means and equipment for processing of personal data before processing, permanent deletion or destruction of devices containing personal data.

Article 28. Sensitive personal data protection

1. Adopt measures mentioned in Clause 2 Article 26 and Article 27 of this Decree.

2. Appoint a department with the function of protecting personal data and personnel in charge of protection of personal data, and exchange information about the department and individual in charge of protection of personal data with the personal data protection authority. Exchange information about the individual in charge of protection in case the Personal Data Controller, the Personal Data Controller-cum-Processor, the Personal Data Processor or the Third Party is an individual. 

3. Notify the data subject of the processing of his/her sensitive personal data, except for cases specified in Clause 4, Article 13, Article 17 and Article 18 of this Decree.

Article 29. Personal data protection authority and National Portal on personal data protection.

1. The personal data protection authority is the Department of Cyber​​security and Hi-tech Crime Prevention under Ministry of Public Security that assists the Ministry of Public Security in performing state management of personal data protection.

2. National Portal on personal data protection:

a) Provide information on guidelines and policies of the Communist Party and the State's laws on protection of personal data;

b) Disseminate policies and laws on protection of personal data;

c) Update information and situation of protection of personal data;

d) Receive electronic information, documents and data about protection of personal data;

dd) Provide information on results of assessment of protection of personal data by relevant agencies, organizations and individuals;

e) Receive notification of violations against regulations on protection of personal data;

g) Issue warning and cooperate in warning about risks and acts that infringe personal data as prescribed by law.

h) Handle violations against regulations on protection of personal data as prescribed by law;

i) Perform other activities according to regulations of law on protection of personal data.

Article 30. Conditions for assurance about protection of personal data

1. Personal data protecting forces include:

a) Personal data protecting forces that are allocated in the personal data protection authority.

b) Departments and personnel in charge of protection of personal data that are appointed in agencies, organizations and enterprise in order to comply with regulations on protection of personal data;

c) Organizations and individuals that are encouraged to protect personal data;

d) The Ministry of Public Security shall develop specific programs and plans to develop human resources for protection of personal data.

2. Agencies, organizations and individuals shall be responsible for disseminating knowledge and skills in order to raise awareness of protection of personal data for agencies, organizations and individuals.

3. Facilities and conditions for operation by the personal data protection authority shall be ensured.

Article 31. Funding for protection of personal data

1. The financial sources for protection of personal data include state budget; donation from domestic and foreign agencies, organizations and individuals; revenue from provision of personal data protection services; international aid and other legal sources of revenue.

2. The funding for protection of personal data of state agencies shall be provided by the state budget and included in annual state budget estimates. Management and use of the funding from the state budget shall comply with the law on state budget.

3. The funding for protection of personal data of organizations and enterprises shall be allocated by such organizations and enterprises according to regulations.

Chapter III

RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS

Article 32. Responsibility of the Ministry of Public Security

1. Assist the Government in ensuring uniform state management of personal data protection.

2. Provide guidance on and give protection of personal data and rights of the data subject from violations against law on protection of personal data, propose promulgation of standards of personal data protection and production of applicable recommendations.

3. Build, manage and operate the National Portal on personal data protection.

4. Assess the results of personal data protection by relevant agencies, organizations and individuals.

5. Receive dossiers, forms and information on protection of personal data according to regulations of this Decree.

6. Adopt measures and conduct research to innovate protection of personal data, promote international cooperation in protection of personal data.

7. Conduct inspection, and handle complaints, denunciations and violations against regulations on protection of personal data as prescribed by law.

Article 33. Responsibility of the Ministry of Information and Communications

1. Direct media agencies, press agencies, organizations and enterprises under its management to protect personal data according to regulations of this Decree.

2. Develop, provide guidance and implement measures for protecting personal data, ensure cyberinformation security for personal data in information and communication activities according to assigned tasks and functions.

3. Cooperate with the Ministry of Public Security in inspecting and handling violations against law on protection of personal data.

Article 34. Responsibility of the Ministry of National Defense

Manage, inspect, supervise, handle violations and apply regulations on protection of personal data to agencies, organizations and individuals under its management according to regulations and assigned tasks and functions.

Article 35. Responsibility of the Ministry of Science and Technology

1. Cooperate with the Ministry of Public Security in developing the personal data protection standards and producing recommendations for application of such standards.

2. Research and discuss measures for protecting personal data to keep up with the development of science and technology with the Ministry of Public Security

Article 36. Responsibilities of ministries, ministerial-level agencies and Government-attached agencies

1. Perform state management of personal data protection for sectors and fields under their management in accordance with the law on protection of personal data.

2. Develop and implement contents and tasks in protection of personal data in this Decree.

3. Amend regulations on protection of personal data in development and implementation of tasks by ministries and central authorities.

4. Allocate funding for protection of personal data according to current state budget hierarchy.

5. Issue list of open data in accordance with regulations on protection of personal data.

Article 37. Responsibilities of the People's Committees of provinces and central-affiliated cities (herein referred to as "the People's Committees of provinces ")

1. Perform state management of personal data protection for sectors and fields under their management in accordance with the law on protection of personal data.

2. Impose regulations on protection of personal data in this Decree.

3. Allocate funding for protection of personal data according to current state budget hierarchy.

4. Issue list of open data in accordance with regulations on protection of personal data.

Article 38. Responsibility of Personal Data Controllers

1. Implement organizational and technical measures and appropriate safety and security measures to prove that the personal data is processed in accordance with regulations of the law on protection of personal data, review and update these measures when necessary.

2. Record and store log of the processing of personal data.

3. Notify violations against regulations on protection of personal data according to regulations in Article 23 of this Decree.

4. Select an appropriate Personal Data Processor with specific tasks and only work with the Personal Data Processor that has appropriate measures for protecting personal data.

5. Protect the rights of data subjects according to regulations in Article 9 of this Decree.

6. Be responsible to the data subject for damage caused by the processing of personal data.

7. Cooperate with the Ministry of Public Security and competent authorities in protecting personal data and providing information serving investigation and handling of violations against the law on protection of personal data.

Article 39. Responsibility of Personal Data Processors

1. Only receive personal data after having a contract or agreement on the processing of personal data with the Personal Data Controller.

2. Process personal data under the contract or agreement concluded with the Personal Data Controller.

3. Fully implement measures for protecting personal data specified in this Decree and other relevant legal documents.

4. Be responsible to the data subject for damage caused by the processing of personal data.

5. Delete or return all personal data to the Personal Data Controller after completing the processing.

6. Cooperate with the Ministry of Public Security and competent authorities in protecting personal data and providing information serving investigation and handling of violations against the law on protection of personal data.

Article 40. Responsibility of Personal Data Controller-cum-Processors

Comply with all regulations on responsibilities of the Personal Data Controller and the Personal Data Processor.

Article 41. Responsibility of the Third Party

Comply with all regulations on responsibilities for processing personal data according to regulations in this Decree.

Article 42. Responsibilities of relevant organizations and individuals

1. Adopt measures for protecting their personal data, take responsibility for the accuracy of the personal data provided.

2. Comply with regulations on protection of personal data in this Decree.

3. Promptly notify the Ministry of Public Security of violations related to protection of personal data.

4. Cooperate with the Ministry of Public Security in handling violations related to protection of personal data.

Chapter IV

IMPLEMENTATION PROVISION

Article 43. Effect

1. This Decree comes into effect from July 01, 2023.

2. Micro-enterprises, small enterprises, medium-sized enterprises, startup companies have the right to opt for exemption from regulations on appointment of individuals and departments to protection of personal data for the first 2 years from the date of establishment.

3. With regard to micro-enterprises, small enterprises, medium-sized enterprises, startup companies that directly engage in the processing of personal data, regulations in Clause 2 of this Article shall not be applied.

Article 44. Responsibility for implementation

1. The Minister of Public Security shall urge, inspect and provide guidance on the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental-attached agencies and the Presidents of the People’s Committees of provinces and central-affiliated cities shall be responsible for the implementation of this Decree./.

APPENDIX

(Issued together with the Government’s Decree No. 13/2023/ND-CP dated April 17, 2023)

Form No. 01

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

……, date….month….year….

PERSONAL DATA REQUEST FORM

 (for individuals)

To: …………………………………….

1. Full name of requesting individual: ……………………………………………..……………

………………………………………………….……………………………………………………

2. Representative/Guardian ¹:…………………………………………………………………….

2. ID Card/passport number …………………………………………………..

Date of issue …. /…… /….. Place of issue …………………………………………………..

4. Address ²: ……………………………………………………………………………………..

5. Phone number ³………………………….; Fax…………………; E-mail: …………………

6. Requested personal data ⁴: ………………………………………………………………….

7. Purposes: ………………………………………………………………………..

8. Request for personal data made for:

9. Number of request forms ⁵:  

10. Methods of receiving personal data:

□ In person

□ By post (receiving address): ……………………………………………………………

□ By fax (fax number): ……………………………………………………………………………

□ By email (email address): ……………………………………………………………

□ Others: ………………………………………………………………………………..

11. Attached documents (if available): ....

_____________________

¹ Representative/Guardian ¹ of the requesting individual who is a minor, has restricted capacity for civil acts, is incapable of civil acts or is a person with limited cognition or behavior control…according to regulations in Civil Code

² Address of the representative/guardian.

³ Phone number/fax/email of the representative/guardian.

⁴ Name of the data owner and relevant information to be provided.

⁵ Printed, copied or photocopied request forms or data file.

Form No. 02

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

….. ……, date….month….year….

PERSONAL DATA REQUEST FORM

 (for organizations and enterprises)

To: …………………………………….

1. Name of organization/enterprise: ……………………………………………………………

………………………………………………………………………………………………………

2. Representative ¹  …………………………………………………………………..

3. ID Card/passport number …………………………………………………..

Date of issue …. /…… /….. Place of issue …………………………………………………..

4. Address of headquarter of the organization/enterprise: …………………………………

………………………………………………………………………………………………………

5. Phone number ²………………………….; Fax…………………; E-mail: ………………….

6. Requested personal data: ……………………………………………………………….

7. Purposes: ………………………………………………………………………..

8. Request for personal data made for:

9. Number of request forms ³: ………………………………………………………………….

10. Methods of receiving documents:  

□ In person

□ By post (receiving address): ……………………………………………………………

□ By fax (fax number): ……………………………………………………………………………

□ By email (email address): ……………………………………………………………

□ Others: ………………………………………………………………………………..

11. Attached documents (if available): ....

__________________________

¹ Representative of the organization/enterprise according to regulations in Civil Code.  

² Phone number/fax/email of the representative.

³ Printed, copied or photocopied request forms or data file.

⁴ Representative of the organization or enterprise (signature and full name) and seal of the organization/enterprise.

Form No. 03

NOTIFICATION
VIOLATIONS AGAINST REGULATIONS ON PROTECTION OF PERSONAL DATA

To: the Ministry of Public Security
(Department of Cyber​​Security and Hi-tech Crime Prevention, the Ministry of Public Security)

Complying with regulations on protection of personal data , ……………………… ¹ submits a dossier on assessment of impact of personal data processing to the Ministry of Public Security. To be specific:

1. Information on an organization/enterprise

- Name of the organization/enterprise: …………………………………………………………

- Address of the headquarter:……………………………………………………………………

- Address of the transaction office:………………………………………………………………

- Establishment Decision/Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate No:….. issuing authority ........date of issue......place of issue….

- Phone number:…………………………….. Website …………………………………………

- Personnel in charge of protection of personal data:

Full name: …………………………………………………………………………………………

Title: ……………………………………………………………………………………………….

Phone number (fixed and mobile): ……………………………………………………………

Email: ………………………………………………………………………………………………

2. Violations against regulations on protection of personal data

- Time: ………………………………………………………………………………………………

- Location: ………………………………………………………………………………………….

- Violation(s): ……………………………………………………………………………………….

-  Organization, individual, types of personal data and the quantity of relevant data:

- Personnel in charge of protection of personal data: …………………………………………

Full name: ………………………………………………………………………………………….

Title: …………………………………………………………………………………………………

Phone number (fixed and mobile): ………………………………………………………………

Email: ………………………………………………………………………………………………

- Consequences: ………………………………………………………………………………….

- Measures to be taken: ………………………………………………………………………….

3. Attached documents

1. ……………………………………………………………………………………………………

2. ……………………………………………………………………………………………………

4. Commitment

(Name of agency, organization or enterprise) commits to assume legal responsibility for the accuracy and legitimacy of provided information and attached documents.

__________________________

¹ Name of organization or enterprise

Form No. 04

NOTIFICATION
 SUBMISSION OF DOSSIER ON ASSESSMENT OF IMPACT OF PERSONAL DATA PROCESSING

To: the Ministry of Public Security
(Department of Cyber​​Security and Hi-tech Crime Prevention, the Ministry of Public Security)

Complying with regulations on protection of personal data, ……………………… ¹ submits a dossier on assessment of impact of personal data processing to the Ministry of Public Security. To be specific:

1. Information on organization or enterprise

- Name of organization or enterprise: ……………………………………………………………

- Address of the headquarter:……………………………………………………………………..

- Address of the transaction office:……………………………………………………………….

- Establishment Decision/Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate No:….. issuing authority ........date of issue......place of issue….

- Phone number:…………………………….. Website ………………………………………….

- Personnel in charge of protection of personal data: ………………………………………….

Full name: …………………………………………………………………………………………..

Title: ………………………………………………………………………………………………….

Phone number (fixed and mobile): ……………………………………………………………….

Email: …………………………………………………………………………………………………

2. Dossier on assessment of impact of personal data processing

1. ………………………………………………………………………………………………………

2. ………………………………………………………………………………………………………

3. Commitment

(Name of agency, organization or enterprise) commits to assume legal responsibility for the accuracy and legitimacy of the dossier on assessment of impact of personal data processing and attached documents.

__________________________

^­1 Name of organization or enterprise

Form No. 05

NOTIFICATION OF
CHANGE IN CONTENTS OF DOSSIER ¹

To: the Ministry of Public Security
(Via Department of Cyber​​Security and Hi-tech Crime Prevention)

Complying with regulations on protection of personal data, ……………………² submits a dossier on assessment of impact of personal data processing to the Ministry of Public Security

1. Information of organization or enterprise

- Name of organization or enterprise: ……………………………………………………………

- Address of the headquarter:……………………………………………………………………..

- Address of the transaction office:……………………………………………………………….

- Establishment Decision/Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate No:….. issuing authority ........date of issue......place of issue….

- Phone number:…………………………….. Website ……………………………………………

- Personnel in charge of protection of personal data: ……………………………………………

Full name: …………………………………………………………………………………………….

Title: ……………………………………………………………………………………………….

Phone number (fixed and mobile): ……………………………………………………………

Email: …………………………………………………………………………………………………

2. Change in contents of the dossier

- Changed contents: …………………………………………………………………………………

- Reasons: …………………………………………………………………………………….

3. Attached documents

1. ………………………………………………………………………………………………………

2. ………………………………………………………………………………………………………

4. Commitment

(Name of agency, organization or enterprise) commits to assume legal responsibility for the accuracy and legitimacy of changed contents and attached documents.

__________________________

¹ Name of the dossier: Dossier on assessment of impact of personal data processing or assessment of impact of outbound transfer of personal data.

² Name of organization or enterprise.

Form No. 06

DOSSIER ON ASSESSMENT OF IMPACT OF OUTBOUND TRANSFER OF PERSONAL DATA

To: the Ministry of Public Security
(Department of Cyber​​Security and Hi-tech Crime Prevention, the Ministry of Public Security)

Complying with regulations on protection of personal data, ……………………… ¹ submits a dossier on assessment of impact of outbound transfer of personal data to the Ministry of Public Security. To be specific:

1. Information on organization or enterprise

- Name of organization or enterprise: ………………………………………………………….

- Address of the headquarter:……………………………………………………………………

- Address of the transaction office:………………………………………………………………

- Establishment Decision/Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate No:….. issuing authority ........date of issue......place of issue….

- Phone number:………………………… Website ………………………………………………

- Personnel in charge of protection of personal data: ………………………………………….

Full name: …………………………………………………………………………………………..

Title: ……………………………………………………………………………………………….

Phone number (fixed and mobile): ……………………………………………………………

Email: ………………………………………………………………………………………………

2. Dossier on assessment of impact of outbound transfer of personal data

1. ……………………………………………………………………………………………….

2. ………………………………………………………………………………………………..

3. Commitment

(Name of agency, organization or enterprise) commits to assume legal responsibility for the accuracy and legitimacy of the dossier on assessment of impact of outbound transfer of personal data and attached documents.

__________________________

¹ Name of organization or enterprise

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