Vietnamese Ministry of Public Security published the draft Decree on Personal Data Protection for public consultation

LEGAL UPDATES

Vietnamese Ministry of Public Security published the draft Decree on Personal Data Protection for public consultation

1. Vietnamese Ministry of Public Security published the draft Decree on Personal Data Protection for public consultation 

On 9th February 2021, the Ministry of Public Security (“MPS”) published a Draft Decree on Personal Data Protection. The draft decree covers issues such as the introduction of definitions, including personal data, sensitive data, and data processing, data subject rights, and consent, as well as data principles such as purpose limitation, data retention, and cross-border data transfers.

The draft decree also sets out fines for violations of data protection legislation, ranging from administrative fines of upwards of VND 100 million or for mutliple data breaches and severe violations of personal data, a fine amounting upwards to 5% of total revenue of the offending party. 

There are eight principles in protecting personal data:

  • Personal data can only be obtained in necessary situations in accordance with the laws.
  • Personal data can only be processed for the purpose that was registered or declared.
  • Personal data can only be obtained to the extent necessary to achieve the purpose set.
  • Personal data can only be used when there is consent from the data subjects or when it is required by authorities.
  • Personal data should be updated and complete to ensure its processing.
  • Security measures should be applied to protect Personal data from being processed.
  • The data subjects have the right to know and be informed about the processing activities over their Personal data.
  • Personal data should be kept confidential while being processed.

The MPS aims to finalise the draft and submit it to the Government within the first quarter of 2021. 

2. Proposing a Decree on customs management for exported and imported goods that are traded via e-commerce 

On 26th February 2021, the Government issued Resolution 24/NQ-CP on the approval of the proposal to develop a Decree on customs management for exported and imported goods that are traded via e-commerce with the following main contents:

  • Firstly, building a system to receive and process information related to import and export goods of e-commerce transactions on the basis of the national single window mechanism, the ASEAN single-window mechanism, to facilitate transaction control, speed up customs clearance due to full database.
  • Secondly, developing policies related to the export and import of goods traded via e-commerce such as: customs procedures, customs valuation, licensing, conditions, specialized examination, exemption from licensing, exemption from conditions, exemption from specialized examination.

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