Regulations on processing of children's personal data in Vietnam

19:06, 19/04/2023

Regulations on processing of children's personal data in Vietnam are the notable points specified in Decree 13/2023/ND-CP dated 17/04/2023.

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Regulations on processing of children's personal data in Vietnam (Internet image)

The Government of Vietnam issued Decree 13/2023/ND-CP dated April 17, 2023 on regulations on the protection of personal data.

1. Regulations on processing of children's personal data in Vietnam

Specifically, in Article 20 of Decree 13/2023/ND-CP dated April 17, 2023, the processing of children's personal data in Vietnam is as follows:

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

- 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 Decree 13/2023/ND-CP.

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.

- 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:

+ 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;

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

+ 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;

According to Article 17 of Decree 13/2023/ND-CP dated 17/04/2023, the personal data processing without the consent of data subject in Vietnam is as follows

- 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.

- Disclosure of personal data in accordance with the law;

- 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;

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

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

2. What is Personal Data?

Personal data as prescribed in Article 2 of Decree 13/2023/ND-CP dated April 17, 2023 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.

More details can be found in Decree 13/2023/ND-CP effective from July 1, 2023.

Vo Van Hieu

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- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
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