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Vietnam: Government issues resolution approving Personal Data Protection Decree

The Prime Minister of Vietnam signed, on 7 February 2023, Resolution No. 13/NQ-CP of the Government: Approving the Dossier to develop the Personal Data Protection Decree. In particular, the resolution provides that personal data may be processed without the consent of the data subject in the following cases:

  • to protect the life and health of the data subject or others in an emergency situation;
  • the disclosure of personal data in accordance with the law;
  • the processing of data by competent state agencies in the event of a state of emergency on national defence, security, social order and safety, major disasters, or dangerous epidemics;
  • when there is a risk of threatening security and national defence, but not to the extent of declaring a state of emergency;
  • to prevent and combat riots and terrorism, as well as crimes and law violations according to the law;
  • to fulfil the contractual obligations of the data subject with relevant agencies, organisations, and individuals as prescribed by the law; and
  • serving the activities of state agencies as prescribed by specialised laws.

In addition, the resolution, among other things, approves the draft content of the Personal Data Protection Decree and the report on collecting and considering opinions of the Standing Committee of the National Assembly. Further, the resolution assigns the Minister of Public Security to report and consult with the Standing Committee on the Personal Data Protection Decree.

Notably, the resolution took effect on its signing.

You can read the announcement here and the resolution here, both only available in Vietnamese.