Today, the Future of Privacy Forum (FPF) and the Asian Business Law Institute (ABLI), as part of their ongoing joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific,” are publishing the ninth in a series of detailed jurisdiction reports on the status of “consent” and alternatives to consent as lawful bases for processing personal data in Asia Pacific (APAC).
This report provides a detailed overview of relevant laws and regulations in Vietnam, including:
notice and consent requirements for processing personal data;the status of alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); andstatutory bases for processing personal data without consent and exceptions or derogations from consent requirements in laws and regulations.
The findings of this report and others in the series will inform a forthcoming comparative review paper which will make detailed recommendations for legal convergence in APAC.
Vietnam’s Evolving Data Protection Landscape
Vietnam currently does not have a comprehensive law on protection of personal data, and instead, Vietnam’s personal data framework is made up of a patchwork of different legal instruments.
At the fundamental level, Vietnam’s Constitution provides for an inviolable right to privacy and legal protection of information regarding personal privacy and personal and familial secrecy.
The Civil Code gives expression to these rights in a limited manner by, among others, requiring an individual’s consent for collection, use, retention, or