Vietnam

Comprehensive

Decree No. 13/2023/ND-CP on Personal Data Protection

Authority: Ministry of Public Security (Department of Cybersecurity) | Enforcement: Active | Enacted: July 2023

Overview

Vietnam enacted Decree 13 on personal data protection in 2023. It is one of the most comprehensive data protection instruments in Southeast Asia, covering consent, data subject rights, cross-border transfers, and breach notification. The Ministry of Public Security oversees enforcement.

14-Topic Coverage

Data Protection Authority

Fully Addressed

Ministry of Public Security's Department of Cybersecurity oversees personal data protection.

Data Subject Rights

Fully Addressed

Rights to know, consent, access, delete, restrict, object, and data portability.

Cross-Border Transfer

Fully Addressed

Impact assessment required. Filing with Ministry of Public Security for cross-border transfers.

Breach Notification

Fully Addressed

Must notify Ministry of Public Security within 72 hours.

DPO Requirements

Fully Addressed

Must designate department and person responsible for personal data protection.

Children's Data

Fully Addressed

Parental consent required for children under 7. Enhanced protections for children under 16.

Penalties & Enforcement

Fully Addressed

Administrative fines. Criminal penalties under the Cybersecurity Law.

Sector-Specific Rules

Fully Addressed

SBV banking data rules, cybersecurity law, health data regulations.

AI & Automated Decisions

Partially Addressed

General data protection provisions apply to automated processing.

Data Localisation

Fully Addressed

Data localisation required under the Cybersecurity Law for certain service providers.

Significant Data Fiduciary

Partially Addressed

Large-scale processors have additional obligations.

Government Data

Partially Addressed

Decree applies broadly. National security and defence exemptions.