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Vietnam: Strengthening Personal Data Protection and Its Regional Significance for ASEAN
  • Author Hanoi Law University Country Vietnam Date 2026-04-08

On April 17, 2023, the Government of Vietnam issued Decree No. 13/2023/ND-CP on Personal Data Protection, which took effect on July 1, 2023 (Decree No. 13/2023/ND-CP on Personal Data Protection, Apr. 17, 2023). The Decree establishes Vietnam’s first comprehensive and unified legal framework governing the collection, processing, storage, and cross-border transfer of personal data, applicable to relevant agencies, organizations, and individuals. The Decree introduces a two-tier classification of personal data, which includes basic personal data and sensitive personal data. It also establishes principles for data processing, including lawfulness, purpose limitation, data minimization, accuracy, storage limitation, security and confidentiality, and transparency. Additionally, the Decree imposes corresponding compliance obligations on data controllers and processors. Key requirements include obtaining explicit consent from data subjects, with limited exceptions; ensuring transparency in data processing activities; conducting data protection impact assessments for sensitive data; and adopting technical and organizational safeguards against data breaches. the Decree stipulates impact assessment and cross-border data transfers. It requires the Personal Data Controllers and Personal Data Processors to compile impact assessment dossiers and subject such transfers to post-transfer supervision by the Ministry of Public Security. The provisions on data breach response and legal liability are noticeable. The Decree mandates notice of data breaches and correction for violations, subjecting offenders to disciplinary, administrative, civil, or criminal liability.  

Vietnam has enacted the Law on Personal Data Protection No. 91/2025/QH15, which took effect on January 1, 2025 (Law on Personal Data Protection, No. 91/2025/QH15, January 1, 2025). The Law creates the initial statutory level framework governing the collection, processing, storage, and cross-border transfer of personal data in Vietnam. The Law codifies data protection principles, expands data subject rights, and clarifies lawful bases for processing beyond the approach set out in Decree No. 13/2023/ND-CP. Furthermore, it delineates the responsibilities of data controllers, processors, and third parties, institutionalizes mandatory data protection impact assessments, and strengthens the legal architecture governing cross-border data transfers and breach notification. A comparison with Vietnam’s legal framework for personal data protection prior to the adoption of the 2025 Law reveals that the earlier framework was scattered across various sector-specific laws and regulations. This dispersion led to fragmented enforcement and created legal uncertainty. To sum up, the 2025 Law represents a significant advancement in Vietnam’s personal data protection regime toward a more coherent, principle-based, and internationally aligned data governance framework.

The adoption of Decree No. 13/2023/ND-CP and the 2025 Law on Personal Data Protection represents a decisive institutional shift in Vietnam’s data governance and carries important implications for harmonizing regional norms under ASEAN, especially the ASEAN Framework on Personal Data Protection (2016). First, these instruments transform Vietnam’s previously fragmented, sector-based privacy rules into a unified regime broadly aligned with the ASEAN core principles, such as consent, notification, and purpose; accuracy of personal data; security safeguards; access and correction; transfer to another country or territory; retention; and accountability. Second, the introduction of a regulated cross-border data transfer regime, impact assessment requirements, and breach notification duties supports ASEAN’s objectives of facilitating the flow of data among the ASEAN member states while preserving national regulatory autonomy. Simultaneously, relatively stringent transfer controls reflect a cautious, sovereignty-sensitive approach to harmonization characteristic of the “ASEAN Way”.  Overall, both Decree No. 13 and the 2025 Law exemplify the Vietnam’s emergence as an increasingly rule-aligned jurisdiction within ASEAN’s evolving digital governance framework, contributing to incremental regional coherence while maintaining careful domestic oversight of data flows.

(Decree No. 13/2023/ND-CP on Personal Data Protection, Apr. 17, 2023.)

Authors: Bui Thi Ngoc Lan and Hoang Thanh Phuong, Lecturers at Hanoi Law University

Topic: Personal Data Protection

Jurisdiction: Vietnam

Date: March 20, 2026
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