Vietnam
ComprehensiveDecree 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 AddressedMinistry of Public Security's Department of Cybersecurity oversees personal data protection.
Consent Requirements
Fully AddressedConsent required for processing. Must be voluntary, informed, and specific. Separate consent for sensitive data.
Data Subject Rights
Fully AddressedRights to know, consent, access, delete, restrict, object, and data portability.
Cross-Border Transfer
Fully AddressedImpact assessment required. Filing with Ministry of Public Security for cross-border transfers.
Breach Notification
Fully AddressedMust notify Ministry of Public Security within 72 hours.
DPO Requirements
Fully AddressedMust designate department and person responsible for personal data protection.
Children's Data
Fully AddressedParental consent required for children under 7. Enhanced protections for children under 16.
Penalties & Enforcement
Fully AddressedAdministrative fines. Criminal penalties under the Cybersecurity Law.
Sector-Specific Rules
Fully AddressedSBV banking data rules, cybersecurity law, health data regulations.
Cookie/Tracking
Partially AddressedGeneral consent requirements apply.
AI & Automated Decisions
Partially AddressedGeneral data protection provisions apply to automated processing.
Data Localisation
Fully AddressedData localisation required under the Cybersecurity Law for certain service providers.
Significant Data Fiduciary
Partially AddressedLarge-scale processors have additional obligations.
Government Data
Partially AddressedDecree applies broadly. National security and defence exemptions.
Coverage Summary
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