Which agency is in charge of protecting personal data in Vietnam?

Which agency is in charge of protecting personal data in Vietnam? (Internet image)

Regarding this issue, LawNet responded 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. Which agency is in charge of protecting personal data in Vietnam?

Pursuant to Clause 1, Article 29 of Decree 13/2023/ND-CP, the personal data protection authority is the Department of Cyber​​Security and Hi-tech Crime Prevention under Ministry of Public Security that assists the Ministry of Public Security in performing state management of personal data protection.

3. What does the National Portal on personal data protection provide?

National Portal on personal data protection:

- Provide information on guidelines and policies of the Communist Party and the State's laws on protection of personal data;

- Disseminate policies and laws on protection of personal data;

- Update information and situation of protection of personal data;

- Receive electronic information, documents and data about protection of personal data;

- Provide information on results of assessment of protection of personal data by relevant agencies, organizations and individuals;

- Receive notification of violations against regulations on protection of personal data;

- Issue warning and cooperate in warning about risks and acts that infringe personal data as prescribed by law.

- Handle violations against regulations on protection of personal data as prescribed by law;

- Perform other activities according to regulations of law on protection of personal data.

(Clause 2, Article 29 of Decree 13/2023/ND-CP)

4. 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.

5. Prohibited acts in personal data protection in Vietnam

Prohibited acts in personal data protection include:

- Processing person data in contravention of regulations of law on protection of personal data.

- Processing personal data in order to provide information and data against regulations of the Socialist Republic of Vietnam

- Processing personal data in order to provide information and data that affect national security, social order and safety, and legitimate rights and interests of other organizations and individuals.

- Obstructing protection of personal data by competent authorities.

- Taking advantage of protection of personal data to commit volitions of law.

(Article 8 of Decree 13/2023/ND-CP)

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

Nguyen Thi Hoai Thuong

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