Personal Data Protection in Vietnam: The Seven Core Pillars of Decree 13/2023/NĐ-CP

  1. Decoding Vietnam’s Landmark Personal Data Protection Decree
    Decree 13/2023/NĐ-CP on Personal Data Protection (PDP) is a landmark legal document in Vietnam, officially taking effect on July 1, 2023. Issued by the Government on April 17, 2023, this decree establishes the foundational legal framework for personal data protection nationwide.

    The issuance of Decree 13/2023/NĐ-CP is not an isolated act, but rather a strategic step in the Vietnamese Government’s broader effort to strengthen the legal framework governing cyberspace activities. It is the third key legal instrument in this process, following the Cybersecurity Law (2018) and Decree 53/2022/NĐ-CP (2022). This phased legislative approach demonstrates Vietnam’s deliberate and long-term commitment to building a comprehensive and robust data protection ecosystem — one that aligns with international standards while adapting to local realities.

    This multi-phase development reveals that data protection is becoming a national priority and is part of Vietnam’s ongoing strategic initiative to reinforce digital governance. Businesses should anticipate continued evolution and stricter enforcement of these regulations, as they are part of a broader long-term strategy, not just a one-time regulation.

    The scope of application of this decree is extensive, covering:

    • Vietnamese and foreign organizations, inpiduals operating in Vietnam, and
    • Vietnamese organizations and inpiduals operating abroad,
    • As well as foreign entities directly involved in or connected to data processing activities in Vietnam.

    This wide-reaching coverage ensures that data protection regulations are comprehensively applied across sectors and international activities.

  2. The Seven Pillars: Core Principles of Personal Data Processing (Article 3)
    Decree 13/2023/NĐ-CP sets out seven fundamental principles that govern all personal data processing activities, forming the ethical and legal backbone of data handling in Vietnam:

    1. Legality, Fairness, and Transparency

    Processing must be based on a clear legal foundation, fair to data subjects, and transparent in how the data is used. Organizations and inpiduals must clearly inform data subjects of the purpose, method, and scope of processing.

    1. Purpose Limitation

    Data must only be processed for the purposes that have been notified and consented to, and must not be repurposed unlawfully.
    This principle is designed to prevent misuse and ensure data is collected for legitimate, predefined reasons. The decree links purpose limitation to real-world applications — from protecting inpidual rights to enabling state management, national security, and commercial activities like personalized marketing and scientific research.
    This shows the law’s dual aim: to protect inpiduals while enabling lawful data use for economic and social development. It provides a clear path for innovation within a compliance framework, encouraging responsible data use rather than imposing blanket restrictions.

    For businesses, this means legitimate commercial data uses are recognized as long as they are transparent, consented to, and purpose-aligned.

    1. Data Minimization

    Only collect data that is adequate, relevant, and limited to what is necessary for the stated processing purpose.

    1. Accuracy

    Data must be kept up-to-date, accurate, and complete, with timely corrections to ensure integrity.

    1. Storage Limitation

    Data should only be stored for as long as necessary for the stated processing purpose.

    1. Integrity and Security

    Technical (e.g., encryption, firewalls) and organizational (e.g., internal processes) safeguards must be implemented to protect data from leaks or loss.

    1. Accountability

    Data processors must be able to demonstrate compliance with all the principles above.

    The explicit inclusion of the Accountability principle shifts the burden of proof onto organizations. Compliance is no longer just about doing the right thing — it’s about documenting and proving it.
    This means that robust internal policies, documentation, and audit trails are not optional but legally required. This principle is a powerful catalyst for organizations to invest in comprehensive data governance frameworks.

    It requires:

    • Developing internal policies,
    • Creating detailed data maps,
    • Regular staff training, and
    • Continuous compliance audits.

    For legal professionals, this means advising clients not only on what to do, but how to document and prove it, making compliance an ongoing, auditable process, not a one-time checklist.

Summary Table of the Data Processing Principles:

Principle

 Brief Description

Organizational Implication
Legality, Fairness, Transparency Processing must be legal, fair, and transparent regarding purpose, method, and scope Requires clear notification to data subjects before processing
Purpose Limitation Data must only be used for notified, consented purposes and not unlawfully expanded Prevents misuse; requires clear identification of collection purposes
Data Minimization Only collect data that is adequate, relevant, and necessary Avoids over-collection; focuses on directly relevant data
Accuracy Data must be updated, correct, complete, and corrected in a timely manner Ensures data quality and prevents harm from inaccurate information
Storage Limitation Data must be stored only as long as necessary for the processing purpose Requires clear retention policies and timely deletion
Integrity and Security Apply technical (encryption, firewalls) and organizational (internal process) safeguards Mandates cybersecurity and robust internal controls
Accountability Data processors must demonstrate adherence to the above principles Requires documentation, audits, and proof of compliance

Disclaimer: This publication is intended for general informational purposes only. It should not be construed as professional legal advice for any specific case, organization, or inpidual.