What does a dossier on assessment of impact of outbound transfer of Vietnamese citizen’s personal data include? What are the procedures?
- How many methods are there to carry out the notification procedure for submitting dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data?
- What does a dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data include?
- What are the guidelines for notification procedure for submitting dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data?
How many methods are there to carry out the notification procedure for submitting dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data?
Pursuant to the guidelines on the Portal of Public Service Procedures, the submission of the dossier on the assessment of the impact of outbound transfer of personal data can be done through the following 03 methods:
- Submit directly at the Department of Cyber Security and High-tech Crime Prevention, Ministry of Public Security.
- Access the National Portal on Personal Data Protection (as notified by the Ministry of Public Security).
- Receive the dossier through the postal public service as regulated in Decision 45/2016/QD-TTg on the receipt of applications and the provision of administrative procedure results through the postal public service.
What does a dossier on assessment of impact of outbound transfer of Vietnamese citizen’s personal data include? What are the procedures? (Image from the Internet)
What does a dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data include?
Pursuant to Article 25 of Decree 13/2023/ND-CP stipulates as follows:
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.
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A dossier on assessment of impact of outbound transfer of personal data includes:
- Contact information and details of the Sender and the Receiver;
- Full name and contact details of an organization or individual under the Sender involved in sending and receiving a Vietnamese citizen’s personal data;
- Description and explanation about objectives of the processing of a Vietnamese Citizen’s personal data after the personal data is transferred abroad;
- Description and clarification of type of personal data to be transferred abroad;
- Description and explanation about the observance of regulations on protection of personal data in this Decree, detailed measures for protecting personal data;
- Assessment of impact of personal data processing; undesirable consequences and damage that may occur, measures for reducing or removing such consequences and damage.
- 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;
- Document that shows obligations and responsibilities between the Senders and the Receivers for processing of a Vietnamese Citizen’s personal data.
What are the guidelines for notification procedure for submitting dossier on assessment of impact of outbound transfer of Vietnamese citizen's personal data?
Pursuant to the guidelines on the Portal of Public Service Procedures, the submission of the dossier on the assessment of the impact of outbound transfer of personal data should follow the following steps:
Step 1: Prepare 01 set of documents, including:
- Notification of the dossier on assessment of impact of outbound transfer of personal data (for individuals) - 01 original copy
- Notification of the dossier on assessment of impact of outbound transfer of personal data (for organizations) - 01 original copy
- Dossier on assessment of impact of outbound transfer of personal data - 01 original copy
- Certificate of registration or establishment decision, or citizen ID card/ID card/passport of the applicant - 01 certified copy
- Decision or relevant documents regarding the assignment of the personal data protection department of the applicant - 01 certified copy
- Contract or relevant documents related to the agreement on the processing of personal data with involved parties (if any) - 01 certified copy
- Other documents (appendices, cost calculation sheets, benefits of solutions) - certified copies
Step 2: Organizations or individuals access the National Portal on Personal Data Protection (as notified by the Ministry of Public Security) or download Form 06 issued together with Decree 13/2023/ND-CP.
Step 3: Organizations or individuals provide the required information as instructed on the National Portal on Personal Data Protection (as notified by the Ministry of Public Security) or complete Form 05 issued together with Decree 13/2023/ND-CP.
The content of the dossier on assessment of impact of outbound transfer of personal data is regulated in Clause 2 Article 25 of Decree 13/2023/ND-CP.
Step 4: Organizations or individuals submit the dossier through the National Portal on Personal Data Protection (as notified by the Ministry of Public Security) or send the completed dossier with information to the Department of Cyber Security and High-tech Crime Prevention, Ministry of Public Security.
Step 5: The Department of Cyber Security and High-tech Crime Prevention, Ministry of Public Security provides feedback on the results of the assessment of the impact of outbound transfer of personal data.
Receiving time for the dossier: During working hours from Monday to Friday (excluding public holidays and festivals as regulated).
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