ARTICLE
17 May 2023

Decree 13/2023/ND-CP On Personal Data Protection

RV
Russin & Vecchi

Contributor

Russin & Vecchi was founded in Asia over 60 years ago. We have offices in Ho Chi Minh City and Hanoi. We work with global clients and with international law firms. From entry strategy to operations, we help clients navigate the complex and changing Vietnamese regulatory framework. We deliver creative, compliant, and practical solutions.
"Personal data" is defined to be information in the form of signs, texts, numbers, pictures, sounds and similar forms which exist in a digital environment and which refer to a specific person...
Vietnam Privacy

Scope of Decree 13

Decree 13 applies to:

  • individuals, entities located in Vietnam, regardless of their nationality;
  • Vietnamese individuals and entities located offshore; and
  • Foreign individuals and entities involved in data processing activities in Vietnam.

"Personal data" is defined to be information in the form of signs, texts, numbers, pictures, sounds and similar forms which exist in a digital environment and which refer to a specific person or can identify a specific person when combined with other data and information.

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Basic personal data

  • Name, nickname (if any)
  • Date of birth, date of death or date missing;
  • Gender;
  • Location of birth, permanent address, temporary address, current address, contact address;
  • Nationalities;
  • Personal photos;
  • Phone number, ID, passport, license plate, driver's license, tax, social security number, medical insurance number;
  • Marriage status and information in relation to the family (parents, children);
  • Information of a person's digital accounts and data that reflects activity or history of activity of an individual on the internet;
  • Other data referring to a specific person or when combined with other data and information can identify a specific person, but is not sensitive personal data

Sensitive personal data

  • Political opinion, religious views;
  • Medical status and private information in medical records, not including blood types;
  • Ethnicity information;
  • Genetic information;
  • Biometrics and physical information,
  • Sexual orientation,
  • Criminal records collected and maintained by enforcement agencies;
  • Customers' information of financial institutions, intermediary payment service provider, including KYC information and account information, assets, transactions, guarantees/guarantors;
  • Live location identified through location services;
  • Other personal data that is determined by the law to be unique and needs to remain secure.

To view the full details please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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