To approve the proposal for the formulation of the Decree on Personal Data Protection in Vietnam

To approve the proposal for the formulation of the Decree on Personal Data Protection in Vietnam
Nguyễn Thị Diễm My

The Government of Vietnam issued Resolution 13/NQ-CP dated 07/02/2023 approved the dossier to develop the Decree on Personal Data Protection.

According to Vietnam's Resolution 13/NQ-CP, the Government approved the content of the Government's report, the report on the collection of opinions of the National Assembly Standing Committee, and the content of the draft Decree on the protection of personal data;

Assigning the Minister of Public Security, authorized by the Prime Minister, on behalf of the Government to report to and consult the National Assembly Standing Committee on the draft Decree on the protection of personal data according to the provisions of Clause 3, Article 19 of the Law on Promulgation of Legislative Documents 2015 (amended in 2020).

In addition, the Government agrees to regulate the processing of personal data without the consent of the data subject in the following cases:

- Protecting the life and health of the data subject or others in an emergency situation. It is the responsibility of the Personal Data Controller, Personal Data Processor, Personal Data Controller and Processor, and Third Party to prove this case.

- The disclosure of personal data in accordance with the law in Vietnam;

- Data processing by competent state agencies in the event of an emergency on national defense, national security, social order and safety, major disasters, and 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 in accordance with the provisions of law;

- Fulfilling the contractual obligations of the data subject with relevant agencies, organizations, and individuals as prescribed by law;

- Serving the activities of state agencies prescribed by specialized laws in Vietnam.

Vietnam's Resolution 13/NQ-CP takes effect from February 7, 2023.

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