Data Protection in Vietnam

Enforcement in Vietnam

Subject to specific data protection laws and the regulations breached, the sanctions in relation to data protection breaches are scattered across various different laws and regulations. In general, amongst others, the major type of sanction would be administrative penalty. For example, failure to obtain prior consent of the data subjects on collection, processing and use of their information shall be subject to a monetary fine varying from VND 10 million to VND 20 million (approx. USD 400 to USD 800). In serious cases, according to the Criminal Code, any person who commits illegal use of information on the computer or telecommunications network may be liable to a monetary fine varying from VND 30 million to VND 1 billion (approx. USD 1,200 to USD 40,000) or face a penalty of up to 3 years' community sentence or 6 months - 7 years' imprisonment; and the offender might also be liable to a monetary fine varying from VND 20 million to VND 200 million (approx. USD 800 to USD 8,000) or prohibited from holding certain positions or doing certain jobs for 1 - 5 years.

The PDPL also sets out the general framework that administrative fines depend on the type of violation. The maximum fine for sale and purchase of personal data will be 10 times the revenue from the sale or VND 3 billion (about USD 115,000), whichever is higher. The maximum fine for cross-border transfer violations is 5% of the violator’s revenue of the preceding year or VND 3 billion, whichever is higher. The maximum fine for other violations are capped at VND 3 billion. However, to actually implement such fines, the regulator will need to issue a Decree on Sanctioning. As of 2026, the MPS is preparing to promulgate the Draft Decree on Sanctioning and the document is expected to present to the Government in April 2026. The official issuance timeline, nonetheless, remains unclear. Once this decree takes effect, the MPS will have a basis to start imposing sanctions on non-compliance with the requirements under the PDPL.

In addition, the MPS will launch the National Portal of Personal Data Protection to receive the impact assessment filings and reports on violation of the PDPL. With this portal, companies are expected to be more vulnerable to inspection actions in this area, as the portal aims to enable data subjects like employees or clients to easily report on companies’ acts of non-compliance with the PDPL and breach of their personal data.

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