Chương III Nghị định 13/2023/NĐ-CP: Trách nhiệm của cơ quan, tổ chức, cá nhân

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.