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In brief

Following the issuance of the first version of the Draft Decree on Personal Data Protection (“Draft Decree”) in 2019, on 9 February 2021, the Ministry of Public Security (MPS) released the second version to collect public opinions until 9 April 2021.

This updated draft has a more robust set of rules regulating specific rights of data subjects, cross-border transfer of data, and processing of sensitive personal data. Noncompliance may subject stakeholders to temporary suspension of operation, and/or revocation of permission for cross-border data transfer in addition to monetary fines.


Key takeaways

  • The covered subjects would include every agency, organization and individual that engage in activities relating to personal data.
  • Personal data is now categorized into two types: basic and sensitive.
  • De-identification and anonymization are introduced as part of the approach to protect the data subjects’ identities.
  • A personal data protection committee (“PDP Committee“) will be established to oversee and ensure compliance of the covered subjects.
  • Personal data processors must ensure compliance with the requirements on: (i) consent of data subject; (ii) notification to data subjects; (iii) registration with the PDP Committee; (iv) application of measures for personal data protection; and (v) issuance of personal data protection regulations.
  • A child’s age must be verified and the consent of their parents or guardian must be obtained prior to the processing of their personal data.
  • A maximum fine of 5% of the total revenue generated in Vietnam can be imposed in case of a repeat violation.

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Author

Manh Hung Tran is the principal and managing lawyer of BMVN International LLC, a licensed law firm and IP agent, which is a member of Baker & McKenzie International. Mr. Tran has represented various multinational and Vietnamese companies in different industries including infrastructure, transportation, telecommunications, port, retail, distribution, and intellectual property. He also assisted internationally famous brands to establish their investment projects in Vietnam. Mr. Tran was voted Vietnam Lawyer of the Year (2009) in the national poll of Vietnamese lawyers organized jointly by the Vietnam Lawyers’ Federation, the Ministry of Justice and Vietnam Law Magazine. In addition to authoring many publications, Mr. Tran has given speeches and lectured on "Lawyering Skills" at the Hanoi Unveristy of Law and Diplomatic Academy of Vietnam, and intellectual property laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as chairman of the Legal Committee of Hanoi American Chamber of Commerce.