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ARTICLE · 09 FEBRUARY 2023

Vietnam's Personal Data Protection Decree Takes Important Step Toward Issuance

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm...

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On February 7, 2023, the Vietnamese government issued Resolution No. 13/NQ-CP ("Resolution 13") to approve the latest version of the draft Personal Data Protection Decree ("Draft PDPD")—a draft which has not yet been made public.

VietnamPrivacy
Waewpen Piemwichai
Waewpen Piemwichai
Giang Thi Huong Tran
Giang Thi Huong Tran
Trung Bao Tran
Trung Bao Tran
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Government Approves Legislative Dossier

On February 7, 2023, the Vietnamese government issued Resolution No. 13/NQ-CP (“Resolution 13”) to approve the latest version of the draft Personal Data Protection Decree (“Draft PDPD”)—a draft which has not yet been made public.

Similar to Resolution No. 27/NQ-CP issued in March 2022 approving the previous version of the Draft PDPD (“Resolution 27”), Resolution 13 stipulates the different cases where data subjects' consent is exempted for processing personal data. Most of these lawful bases are similar to those under Resolution 27—except for the fourth case, which is brand new—with some changes for better clarity.

According to Article 1 of Resolution 13, personal data can be processed without consent in the following five cases:

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