Conditions for assurance about protection of personal data in Vietnam

Conditions for assurance about protection of personal data in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is Personal Data?

According to Clause 1, Article 2 of Decree 13/2023/ND-CP, 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.

2. Conditions for assurance about protection of personal data in Vietnam

Conditions for assurance about protection of personal data in Vietnam are specified in Article 30 of Decree 13/2023/ND-CP, specifically as follows:

(1) Personal data protecting forces include:

- Personal data protecting forces that are allocated in the personal data protection authority.

- Departments and personnel in charge of protection of personal data that are appointed in agencies, organizations and enterprise in order to comply with regulations on protection of personal data;

- Organizations and individuals that are encouraged to protect personal data;

- The Ministry of Public Security shall develop specific programs and plans to develop human resources for protection of personal data.

(2) Agencies, organizations and individuals shall be responsible for disseminating knowledge and skills in order to raise awareness of protection of personal data for agencies, organizations and individuals.

(3) Facilities and conditions for operation by the personal data protection authority shall be ensured.

3. Funding for protection of personal data in Vietnam

Funding for protection of personal data are regulated as follows:

The financial sources for protection of personal data include

+ State budget;

+ Donation from domestic and foreign agencies, organizations and individuals;

+ Revenue from provision of personal data protection services;

+ International aid and other legal sources of revenue.

- The funding for protection of personal data of state agencies shall be provided by the state budget and included in annual state budget estimates. Management and use of the funding from the state budget shall comply with the law on state budget.

- The funding for protection of personal data of organizations and enterprises shall be allocated by such organizations and enterprises according to regulations.

(Article 31 of Decree 13/2023/ND-CP)

4. What are the regulations on the State management of personal data protection in Vietnam?

Pursuant to Article 5 of Decree 13/2023/ND-CP, contents of state management include:

- Requesting competent authorities to promulgate or promulgate within its jurisdiction legal documents, and directing and organizing the implementation of legal documents on protection of personal data.

- Formulating and organizing the implementation of strategies, policies, schemes, projects, programs and plans for protection of personal data.

- Providing guidance on measures, procedures and standards of protection of personal data for agencies, organizations and individuals in accordance with law.

- Disseminating and educating the law on protection of personal data; communicating and disseminating skills and knowledge about protection of personal data.

- Developing and providing training and refresher training for officials, public employees and persons assigned to protect personal data.

- Inspecting the observance of law on protection of personal data; handling complaints, denunciations and violations against regulations on protection of personal data as prescribed by law.

- Compiling statistics, and giving information and reports on protection of personal data and the observance of law on personal data protection to competent authorities.

- Encouraging international cooperation in protection of personal data.

Decree 13/2023/ND-CP takes effect from July 1, 2023.

Nguyen Thi Hoai Thuong

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