On the morning of April 23, the National Cyber Security Association held a seminar on "Comments on the Draft Law on Personal Data Protection" with the aim of increasing the wide consultation of agencies, organizations, businesses and people, while contributing to equipping knowledge and raising social awareness about personal data protection, ensuring information security, network security and privacy in the digital age.
This activity also contributes to completing the Draft Law before submitting it to the National Assembly for approval in May. The Law is expected to take effect from January 2026.
Lieutenant General Nguyen Minh Chinh, Permanent Vice President of the National Cyber Security Association, Director of the Department of Cyber Security and High-Tech Crime Prevention and Control (A05), Ministry of Public Security at the event (Photo: NCA).
In his opening speech, Lieutenant General Nguyen Minh Chinh affirmed: "The Law on Personal Data Protection is an important step forward in institutionalizing human rights and civil rights, in line with the orientation of "taking people as the center, goal and motivation" set forth in Resolution No. 27-NQ/TW of the Central Committee.
The law-making not only meets internal needs, but also requires international integration, ensuring national digital sovereignty .
Law making is urgent
At the Seminar, the representative of the Drafting Committee - Major Dao Duc Trieu, Deputy General Secretary of the Association, Head of the Research and Policy and Legal Consulting Department presented the key contents of the Draft including: scope of regulation, principles of personal data processing, rights and obligations of subjects, responsibility for data protection, mechanism for handling violations and ensuring privacy in the digital environment.
"The development of the Law is urgent to institutionalize the Constitution's provisions on privacy, human rights and meet the requirements of the fourth industrial revolution and national digital transformation. The Law was issued in the context of personal data becoming increasingly popular in cyberspace, while the situation of disclosure, leakage, and trading of personal data is rampant, causing insecurity and violating personal rights.
According to Major Dao Duc Trieu, the law was born in the context of personal data becoming increasingly popular in cyberspace, while the situation of personal data being leaked, bought and sold is rampant, causing insecurity and violating personal rights (Photo: NCA).
"Many countries have enacted laws on protecting personal data. Vietnam needs a compatible legal framework to integrate and enhance international cooperation, protecting personal data is closely linked to human security, national security and national data sovereignty," said Mr. Trieu.
The law will take the protection of DLCN as the foundation and driving force for the development and exploitation of data in the right direction and in the long term. Ensure harmony between strict DLCN protection and facilitating data processing activities to serve socio-economic development. Balance data management with innovation, focus on high-risk factors instead of blanket regulations and finally prioritize post-control (supervision, responsibility) over pre-control (license).
At the event, experts also clarified the concepts of personal data (basic, sensitive), non-personal data, data subjects, data controllers/processors, data processing, cross-border data transfers, and data de-identification.
Giving comments to complete the draft law, Ms. Le Nguyen Thien Nga, Director of the Institute for Policy Management and Development Strategy, recommended building a controlled testing mechanism for technology, products, services and personal data business models, and at the same time designing an overall architecture for policy management and implementation after the Law on Personal Data Protection is issued according to the policy science roadmap.
The Personal Data Law will clarify core definitions (basic/sensitive personal data, subject, controller/processor, data processing, cross-border data transfer, etc.) and apply to both electronic and physical environments.
The law provides 11 fundamental rights for data subjects (right to know, consent, access, deletion, etc.) and places obligations on data processors such as having a legal basis (usually consent), applying safeguards, assessing impacts, appointing a responsible person (DPO) and notifying breaches.
The law also has specific provisions for handling personal data of children, missing/deceased persons and requires impact assessments and notifications when transferring data abroad. In addition, the draft distinguishes between "using" personal data as a resource and "trading" as a commodity, and proposes a certification/credit rating mechanism to protect personal data for businesses.
The Law on Personal Data Protection is an important step forward to create a solid legal framework for protecting privacy in the digital age, while promoting the safe and sustainable development of Vietnam's socio-economy, in line with the general trend of the world.
However, experts admit that some contents still need to be improved to ensure feasibility and balance the interests of all parties.
Protecting the privacy and legitimate rights of citizens
Sharing with Dan Tri reporter , Lieutenant Colonel Nguyen Ba Son, Deputy Director of Department A05 said: "The promulgation of the Law on Protection of Personal Information is currently considered urgent because the Party, State, Government and National Assembly are particularly interested in promoting digital transformation, application of science and technology and innovation".
According to Lieutenant Colonel Son, violations related to DLCN, especially in cyberspace, are quite common and alarming.
The current legal system still lacks synchronous, unified and specific regulations on the protection of personal data. Currently, there are about 68 legal documents addressing aspects related to personal data (such as personal information, personal privacy, digital data, etc.) but with different scopes and contents, not forming a complete system. Therefore, the promulgation of a separate law on the protection of personal data is very necessary to meet practical requirements and development orientations in the coming time."
Deputy Director of Department A05 expects: "The Law on Protection of Personal Information is expected to be an important "missing piece", helping to complete the legal system, creating consistency in State management and affecting State operations, business production activities of enterprises and activities and interactions of people in all environments, especially the network environment.
At the same time, the law will help protect citizens' privacy and other legitimate rights related to their personal data."
The Draft Law on Personal Data Protection consists of 07 chapters and 69 articles, fully regulating the following contents: principles of data processing, rights and obligations of data subjects and related parties, data transfer abroad, data impact assessment, data protection credit rating, handling of violations and inspection and supervision mechanisms. The Law also regulates foreign organizations and individuals that collect and process data of Vietnamese citizens.
In terms of political basis, the Law specifies the contents of the 2013 Constitution and Resolution No. 27-NQ/TW dated November 9, 2022 of the 13th Party Central Committee Conference, which identifies "taking people as the center, subject and goal of development", linking the protection of personal data with the protection of human rights in the digital age.
In terms of legal basis, the Law aims to create consistency in the national legal system, while also being consistent with international commitments that Vietnam has participated in. The overall goal is to complete a unified legal corridor, enhance the capacity to protect personal data domestically, promote the development of the digital economy, ensure security, order and national data sovereignty.
The law is expected to take effect from January 2026.
Source: https://dantri.com.vn/cong-nghe/luat-bao-ve-du-lieu-ca-nhan-se-chan-dung-van-nan-mua-ban-thong-tin-20250423161356499.htm
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