Resolution 13/NQ-CP 2023 approve dossier for formulation of Decree on personal data protection

RESOLUTION

Approving the dossier on formulation of a decree on personal data protection^[1]

THE GOVERNMENT

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;

Pursuant to the Government’s Decree No. 39/2022/ND-CP of June 18, 2022, promulgating the Working Regulation of the Government;

Pursuant to the Government’s Resolution No. 138/NQ-CP of September 29, 2020, approving the request for formulation of a decree on personal data protection;

At the proposal of the Minister of Public Security in Report No. 113/BC-BCA-A05 of February 2, 2023;

Based on the Government members’ opinion forms,

RESOLVES:

Article 1. To approve that personal data will be processed without data subjects’ consent in the following cases:

a/ Protection of the life and health of data subjects or others in emergency circumstances. Personal data controllers, personal data processors, entities controlling and processing personal data, and third parties shall prove this case;

b/ Disclosure of personal data in accordance with law;

c/ Processing of data by competent state agencies in case of state of emergency on national defense and security, social order and safety, catastrophes, or dangerous epidemics; upon the emergence of a threat to national security and defense that is not serious enough for requiring declaration of a state of emergency; prevention and combat of riots, terrorism, crimes and violations of law in accordance with law;

d/ Fulfillment of data subjects’ contractual obligations toward related agencies, organizations and individuals in accordance with law;

dd/ In service of state agencies’ activities as prescribed in specialized laws.

Article 2. To approve the Government’s report, the National Assembly Standing Committee’s report on replies to opinions and the draft decree on personal data protection; to assign the Minister of Public Security, as authorized by the Prime Minister and on behalf of the Government, to report to and consult the National Assembly Standing Committee about the draft decree on personal data protection under Clause 3, Article 19 of the 2015 Law on Promulgation of Legal Documents (which was amended and supplemented in 2020).

Article 3. This Resolution takes effect on the date of its signing.

Article 4. The Minister of Public Security, other ministers, and heads of related agencies shall implement this Resolution.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH