Tiếng Việt
中文 (中国)
日本語
Effective from January 1, 2026, Vietnam’s newly enacted Law on Personal Data Protection No. 91/2025/QH15 introduces comprehensive obligations for employers in the collection, processing, and retention of employee personal data—especially emphasizing the mandatory deletion of such data once the employment relationship ends.
Employers and employees are advised to contact Vietnamese law firms specializing in advising employment law in Vietnam for a case-to-case basis support.
Heightened Responsibilities in Recruitment
Under the new law, any organization, agency, or individual involved in recruitment is only permitted to collect personal data strictly necessary for hiring purposes and in accordance with relevant laws. Candidates must give informed consent before any personal information is processed, and the information may not be reused for other purposes unless the candidate explicitly agrees.
In addition, unsuccessful applicants’ data must be deleted or destroyed, unless there is a separate agreement allowing the recruiter to retain such information for future opportunities. This requirement aims to limit unnecessary data retention and aligns with global trends in data minimization and purpose limitation.
Obligations in Employee Management
The law extends its scope beyond recruitment into the employment lifecycle, introducing clear duties for employers:
- Data must be processed in accordance with employment law in Vietnam, data law, and related legislation.
- Storage duration must comply with legal timeframes or specific agreements with the employee.
- Crucially, employers are required to delete or destroy personal data once the employment contract ends, unless otherwise stipulated by law or agreed upon by the parties.
This provision marks a significant departure from prior practice, where data such as identification documents, contact details, and performance records were often kept indefinitely.
Technology and Monitoring
A key concern addressed by the law is the use of technological and technical means (e.g., surveillance, biometric systems, productivity monitoring software) in managing employees. The law provides that:
- Only lawful, proportionate, and transparent technologies may be used.
- Employees must be informed about the data collection methods and purposes.
- Data collected through such means cannot be misused or processed for unlawful purposes.
These requirements reflect a broader movement in global data protection regulation, ensuring that workplace surveillance does not override employees’ fundamental rights to privacy.
Legal and Business Implications
The new law imposes significant compliance burdens on employers. Legal departments and HR units must:
- Update employment contracts and internal policies to reflect new data rights and obligations.
- Implement clear data deletion protocols triggered upon termination or withdrawal of consent.
- Audit existing systems and processes to ensure that any technology used for employee management is compliant with the law.
Failure to comply with the law may lead to administrative penalties, civil liabilities, and reputational damage.
Alignment with Global Data Protection Standards
Vietnam’s move comes amid a growing regional and global shift toward stronger data governance regimes, mirroring standards seen in the EU’s General Data Protection Regulation (GDPR) and similar laws in countries like Japan, South Korea, and Singapore. The law reinforces Vietnam’s commitment to digital transformation while safeguarding individual privacy in a rapidly evolving labor market.
With the implementation of Law No. 91/2025/QH15, employers in Vietnam must adopt a privacy-first approach to managing employee data. From recruitment through employment and post-termination, data lifecycle management must now be both lawful and ethical. The obligation to delete personal data at the end of the employment contract is a clear signal: employee data belongs to the individual, not the employer.
For businesses, this is not just a compliance issue—it is a chance to build trust and demonstrate respect for employee rights in the digital age.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
