Notable documents of Vietnam in the previous week (from April 17 to April 23, 2023)

1. New regulation of Vietnam on data subjects’ 6 cases of ineligibility for personal data deletion

On April 17, 2023, the Government of Vietnam promulgated Decree No. 13/2023/ND-CP on personal data protection.

According to the Decree, the data deletion requested by a data subject shall not be performed in the following cases:

 (1) The deletion of personal data is prohibited by law;

 (2) The personal data is processed by a competent state agency for its operations as prescribed by law;

 (3) The personal data has been disclosed as prescribed by law;

 (4) The personal data is processed for legal requests, scientific research, and statistics as prescribed by law;

 (5) The personal data shall not be deleted in the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to regulations of law;

 (6) It is required to respond to emergent cases that threaten the life and health or the safety of the data subject or other persons.

* Personal data 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.

Decree No. 13/2023/ND-CP of the Government of Vietnam comes into force as of July 1, 2023.

2. Vietnam to revoke driving licenses of drug users

On April 19, 2023, the Prime Minister of Vietnam promulgated Directive No. 10/CT-TTg on strengthening road traffic safety and order assurance in the new situation.

Specifically, the Prime Minister of Vietnam requests the Ministry of Public Security of Vietnam to cooperate with the Ministry of Health of Vietnam and the Ministry of Justice of Vietnam in studying regulations on revoking driving licenses of drug users and drug addicts.

At the same time, cooperate with the Ministry of Transport of Vietnam in increasing severity of penalties for road traffic offences, especially driving while intoxicated (BAC > 0); intentional violations and repeated violations in a certain period, etc.;
Adding forms of administrative penalties such as compulsory community service, deduction of driving license points, etc.

Additionally, the Ministry of Public Security of Vietnam shall:

- Take charge and cooperate with relevant ministries and central authorities in completing the documentation of the Bill on Road Traffic Safety and Order and presenting it to the National Assembly of Vietnam for consideration and approval.

- Take charge and cooperate with the Ministry of Transport of Vietnam and local People’s Committees in organizing the general control of passenger transport business vehicles and container trucks nationwide (to be completed in the II quarter of 2023).

- Develop a Comprehensive Scheme for Identifying Motor Vehicle License Plates and Restricting Personal Vehicle Registration and report it to the Government of Vietnam within the IV quarter of 2023.

- Direct Police Departments of units and administrative divisions to strengthen their patrol, inspection, control, and handling of violations against regulations on road traffic safety and order and focus on handling violations that are the main cause of serious road traffic accidents.

Regularly and resolutely test BAC of road users. Accelerate the application of science and technology to strongly and fundamentally innovate operations of patrolling and handling violations.

- Promptly request remedies for illogical traffic organization via patrolling, controlling, investigating, and handling road traffic accidents.

See more details in Directive No. 10/CT-TTg of the Prime Minister of Vietnam dated April 19, 2023.

3. Vietnam to increase irregular inspections in official duties

On April 19, 2023, the Prime Minister of Vietnam sent Official Telegram No. 280/CD-TTg on rectifying and increasing responsibilities in the work of ministries and central and local authorities.

To ensure discipline and administrative discipline and improve the effectiveness and efficiency of the directive and operation, the Prime Minister of Vietnam requests Ministers, directors of ministerial agencies, directors of governmental agencies, and Presidents of People's Committees of provinces and centrally affiliated cities to:

- Increase inspections in official duties, especially irregular inspections.

Promptly review, replace, or assign officials with weak capacity who are passive in work, stagnant, avoiding or extruding work, lacking responsibility, and failing to meet the requirements of work assigned by competent authorities to another work.

- Focus on reviewing and promptly amending the procedure for assigning and organizing the implementation of tasks and work at agencies and units under their jurisdiction and simplifying or removing unnecessary procedures;

Concretize and personalize the entitlements and responsibilities of collectives and individuals in each stage of the work handling procedure, resolutely prevent extrusion and avoidance of responsibilities and ensure that work under their jurisdiction must be handled quickly and promptly, shortening the implementation time.

- In the case of extrusion, avoidance, or lack of responsibilities leading to delay or failure to decide on issues and work under their jurisdiction, review and discipline relevant collectives or individuals according to regulations of the CPV and the State.

Strictly handle acts that cause problems, harassment, corruption, and negativity.

- Promptly and appropriately commend and reward agencies, collectives, and officials that are fierce in performing their official duties, fulfilling their tasks well, daring to speak, think, and perform, and being proactive and creative for the common interests.

See more details in Official Telegram No. 280/CD-TTg of the Prime Minister of Vietnam dated April 19, 2023.

4. New regulation of Vietnam on cases of application of backup procedures for household business registration

This content is mentioned in Circular No. 02/2023/TT-BKHDT on amendments to Circular No. 01/2021/TT-BKHDT dated April 18, 2023 on guidelines on enterprise registration promulgated by the Minister of Planning and Investment of Vietnam.

According to the Circular, backup procedures for household business registration mean registration for household business that is not implemented through household business registration system.

Backup procedures for household business registration shall apply in the following cases:

- Household business registration system is under construction or upgrade;

- Household business registration system encounters technical errors;

- Other force majeure occurs.

Depending on estimate completion time of error remediation, construction, and upgrade of household business registration system, except for force majeure, the Ministry of Planning and Investment of Vietnam shall provide advance notice on estimated completion time to enable business registration authority of district to register household business using backup procedures.

Circular No. 02/2023/TT-BKHDT of the Ministry of Planning and Investment of Vietnam comes into force as of July 1, 2023.

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