Vietnam – Law on Personal Data Protection & Decree 356/2025/ND-CP

Personal Data Protection in Vietnam from 2026: Business Compliance Guide under Decree 356/2025/ND-CP

Effective from 1 January 2026, Vietnam officially implements the Law on Personal Data Protection and its guiding regulation, Decree No. 356/2025/ND-CP. This marks a major transition in how organizations must manage, process, and protect personal data.

Under the new framework, data protection is no longer a legal formality. It has become a core operational and governance requirement for all businesses operating in Vietnam.

This article outlines the key compliance obligations and practical implications for organizations.

1. Personal Data Protection as an Operational Responsibility

Decree 356 establishes that personal data protection is not limited to legal documentation. Instead, organizations must embed compliance into daily operations.

This includes:

• Data collection and processing procedures
• Secure data storage and access controls
• Internal data sharing mechanisms
• Incident response and risk management systems

All departments involved in data handling must follow standardized compliance procedures.

2. Expanded Definition of Personal Data

The scope of protected personal data has been significantly expanded.

In addition to basic identifiers, the regulations now cover:

• Online behavioral data
• Information on family and personal relationships
• Data generated through digital platforms and services

As a result, compliance responsibilities extend beyond Legal and Compliance teams to include HR, Sales, Marketing, IT, and Operations.

3. Strengthened Rights of Data Subjects

Organizations are required to implement mechanisms to handle data subject requests efficiently, including:

• Access to personal data
• Data correction and updating
• Data deletion
• Withdrawal of consent

Companies must respond within statutory deadlines and maintain proper records of all requests.

Failure to comply may result in regulatory penalties and reputational risks.

4. Mandatory Explicit and Verifiable Consent

Under the new regulations, consent must be clear, explicit, and verifiable.

Implied consent is no longer valid.

Acceptable forms of consent include:

• Written agreements
• Email confirmations
• System-based opt-in mechanisms
• Lawful call recordings

This requirement impacts employment agreements, internal policies, customer onboarding processes, and marketing systems. Organizations must ensure that consent records are properly documented and auditable.

5. Enhanced Obligations for Technology-Driven Businesses

For organizations utilizing advanced technologies such as:

• Artificial Intelligence (AI)
• Big Data analytics
• Cloud platforms
• Fintech and e-commerce systems

Decree 356 introduces higher compliance standards.

Key requirements include:

• Risk-based data protection measures
• Personal data impact assessments
• Strict access and transfer controls

Technology-driven organizations must implement robust governance and security frameworks.

6. Regulatory Requirements for Data Protection Service Providers

Service providers offering personal data protection solutions must meet professional and operational standards, including:

• Qualified personnel
• Proven technical capacity
• Documented operational processes

While outsourcing is permitted, legal accountability remains with the data controller or processor. Organizations retain ultimate responsibility for compliance.

7. Practical Compliance Roadmap for Businesses

To prepare for 2026, organizations should establish a structured compliance framework, including:

• Clear internal governance models
• Defined roles and accountability structures
• Standard operating procedures for data handling
• Regular compliance audits and training programs

Recommended actions include:

• Reviewing HR, customer, and marketing workflows
• Standardizing contractual data protection clauses
• Implementing internal training programs
• Enhancing documentation and reporting systems

Early implementation will reduce regulatory exposure and operational risks.

8. Conclusion: Building Sustainable Data Governance

The Law on Personal Data Protection and Decree 356/2025/ND-CP reflect Vietnam’s commitment to international data governance standards.

Personal data protection is now a strategic business priority that supports:

• Corporate governance
• Risk management
• Brand credibility
• Long-term sustainability

Organizations that proactively align with the new framework will strengthen stakeholder trust and gain competitive advantages in the digital economy.

About Metasource

Metasource provides comprehensive HR, compliance, and operational support services for international and domestic businesses in Vietnam. We support organizations in building compliant, transparent, and sustainable business operations.

For consultation on personal data protection compliance, please contact:

Email: Info@metasource.co

Website: www.metasource.co