Overview of the data privacy law in Vietnam
Data privacy has always been a difficult topic in Vietnam. Due to the fact that Vietnam has only been ‘new’ to the Internet for 2 decades, there have been many breaches in personal information on the Internet, making users of this multidimensional portal exposed to dark organizations and individuals who might use their information for bad purposes. Accordingly, data privacy has always been the main focal point in Vietnamese policies. In order to protect the citizen’s interests, the data privacy law in Vietnam has been revised, amended many times.
Although data privacy has always been a controversial issue in Vietnam, at the moment, there hasn’t been a clear definition of personal data in Vietnam.
As there is no consensus definition of personal data, there is also no robust method to protect it.
Nevertheless, although there is no omnibus law, there have been some laws issued within these decades by the Government to protect parts of the personal data.
The most basic protection for personal data in Vietnam is that of the identification of a Vietnamese citizen. This means that all the basic information that makes up a citizen’s identification in the system will be protected.
To clarify, some information that is not entirely deemed as personal data will also be protected if it can be combined with other information to become personal data.
Sensitive data in Vietnam
Unlike personal data, sensitive data is more ‘sensitive’ although most people won’t know the boundary between the 2 types.
The definition of sensitive data varies in many countries. However, it can be simply demonstrated as really important and private data such as:
- Racial or ethnic origin.
- Political opinion.
- Religious or philosophical beliefs.
- Trade union membership.
- Genetic data.
- Biometric data.
- Health data.
In Vietnam, within the current laws, there is no definition of sensitive data. However, this might change with the Draft PDP Decree where the boundary between personal data and sensitive data might be drawn clearer.
Data privacy laws in Vietnam
Vietnam’s current laws about data privacy and data protection are divided among many laws, including the Constitution, Civil Code, Criminal Code, IT Law, Cyber Information Security Law, Consumer Rights Protection Law, E-transactions Law, Cybersecurity Law, etc.
Too many laws protecting different parts of personal data are too much to handle and control. Accordingly, this calls for a unanimity law of data protection in Vietnam.
The consensus law will apply to both offshore and onshore entities involved in the collection, use, storage, and/or transfer of personal data, creating a truly harmonious law that ensures the protection of data in Vietnam.
At the moment, the Vietnamese government is still working to create the Draft Personal Data Protection Decree (Draft PDP Decree) which will, for the most part, resolve all conflicted regulations about data privacy in Vietnam.
In April 2021, the consultation period for the Decree has been closed and it was scheduled for submission to the Government by June 2021 pursuant to the Prime Minister’s Decision 889/QD-TTG dated 7 June 2021. Although there is no public information on its current status, for now, the Draft PDP Decree is still currently under government review and pending issuance.
For public knowledge, the Ministry of Public Security (MPS) is the drafter and central authority of the Draft PDP Decree.
*** Other Articles***
– You could visit here to see the Trademark Registration in Vietnam.
– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.
– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.
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