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Vietnam: Law on Personal Data Protection is officially in the pipeline

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In brief

The Vietnam Ministry of Public Security (MPS) published on 29 February 2024 its first version of the dossier proposing the development of the Law on Personal Data Protection (“PDP Law“) on the government’s official website for public consultation. This is one of the initial steps to kick off the drafting and enactment processes of the new Vietnam PDP Law.

Key takeaways

  • No draft version of the new Vietnam PDPD Law was published at this stage.
  • The dossier as published on the government website only contains: (i) a report assessing current social relationships with regard to personal data protection; and (ii) an impact assessment of policies in the proposal of the Vietnam PDP Law. The report and the impact assessment, while mostly touching on social-political needs of developing the new PDP Law, do mention certain key legislative issues such as the definition of personal data, data subject rights and data protection measures.
  • After the dossier is issued for public consultation, the MPS may proceed with collecting public comments through other channels as well such as workshops and conferences. We will keep you informed once information around such workshops and conferences are published.
  • The issuance of the PDP Law will help to, among others, solve the potential conflicts between the current Vietnam Personal Data Protection Decree/Decree 13 with other existing regulations on personal data protection, such as the Law on Consumer Right Protection.
  • We note, however, that the drafting and issuance of the PDP Law may take a significantly long time (two to three years) to complete. Any updates on the timeline of the new law will be shared later.

In the meantime, should you have any questions or concerns, please feel free to reach out to us.

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Author

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Author

Huyen Minh Nguyen is a Senior Associate in BMVN International LLC, Hanoi office.

Author

Huu Tuan Nguyen is a Senior Associate in BMVN International LLC, Ho Chi Minh City office.

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