On May 5, 2025, the National Assembly of Vietnam convened to discuss the Government's report on the draft Law on Personal Data Protection. This significant legislative initiative, presented by Deputy Prime Minister Le Thanh Long, aims to establish a comprehensive legal framework for the protection of personal data, aligning with constitutional regulations on human rights and citizen rights.
Deputy Prime Minister Long emphasized the importance of this law, stating that it seeks to institutionalize the constitutional provisions regarding individual privacy and the inviolability of personal data. He noted that the draft law not only addresses personal privacy but also reflects the policies and laws concerning human rights, citizen rights, network security, and the advancements of the fourth industrial revolution.
According to Long, there are four main reasons driving the necessity for this legislation. Firstly, he pointed out the inadequacies and inconsistencies in the existing legal framework, which includes 69 documents related to personal data protection in Vietnam. However, these documents lack uniformity in terms of definitions, content, and protective measures. Currently, only Decree No. 13/2023/ND-CP, issued on April 17, 2024, provides a definition of personal data, yet it is not a comprehensive legal statute.
Secondly, the Deputy Prime Minister highlighted the emerging issues surrounding personal data collection and processing. He noted that there is often an overcollection of personal data relative to the services provided, and data is frequently collected and processed without the consent of the data subjects. Furthermore, illegal activities such as the appropriation, transfer, purchase, and sale of personal data occur in various forms, jeopardizing the rights and legitimate interests of both individuals and organizations.
Thirdly, the proposed law aims to harmonize Vietnam's regulations with international standards, as over 140 countries have already enacted legal frameworks for personal data protection. This alignment is seen as essential for Vietnam's integration into the global economy and its participation in international agreements.
Finally, the draft law is designed to create a legal foundation that allows for the responsible use of personal data to support socio-economic development. Personal data is increasingly recognized as a vital resource for digital transformation and economic growth.
The draft Law on Personal Data Protection comprises seven chapters and 68 articles, detailing the responsibilities of agencies, organizations, and individuals in safeguarding personal data. It introduces principles for data protection and delineates the rights and obligations of data subjects, which include 11 rights and three obligations, as well as conditions for organizations processing personal data.
In the review of the draft law, Lieutenant General Le Tan Toi, Chairman of the National Assembly Committee on National Defense, Security, and Foreign Affairs, affirmed the necessity of the law. He stated that it aims to establish a legal basis for personal data protection, prevent violations, and enhance the accountability of relevant parties.
However, during discussions, some members of the Assembly raised concerns regarding the proposed prohibition on the purchase and sale of personal data. They argued that such a ban could adversely impact the operations of businesses and suggested that the language be adjusted to prohibit only illegal transactions involving personal data.
Moreover, there were calls to include provisions that protect the rights and interests of data controllers and processors, ensuring a balanced approach that respects the rights of individuals while allowing businesses to operate effectively.
In conjunction with the discussions on the draft law, the National Assembly also voted unanimously to amend and supplement several articles of the 2013 Constitution. This amendment, which received a 100% approval rate, reflects the Assembly's commitment to updating the legal framework in response to contemporary challenges.
The newly established Committee for drafting amendments to the Constitution, chaired by National Assembly Chairman Tran Thanh Man, includes 15 members, with Deputy Prime Minister Le Thanh Long serving as one of the Vice Chairmen. This committee is tasked with ensuring that the constitutional amendments align with the evolving needs of Vietnamese society.
The discussions on the draft Law on Personal Data Protection and the constitutional amendments highlight Vietnam's proactive approach to addressing the complexities of data privacy in the digital age. As the country continues to modernize its legal framework, the government is keen on establishing robust protections for personal data, which is increasingly considered a key asset in the digital economy.
As the legislative process unfolds, stakeholders from various sectors—including technology, business, and civil society—will be closely monitoring the outcomes. The potential implications of these laws could reshape how personal data is handled and protected in Vietnam, ultimately influencing the broader landscape of privacy rights in the country.
In summary, the draft Law on Personal Data Protection represents a crucial step towards enhancing individual rights and establishing a legal framework that supports the responsible use of data in Vietnam's rapidly evolving digital economy. The government's commitment to protecting personal data reflects a growing recognition of its importance in safeguarding citizens' rights and fostering trust in the digital age.
