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

RESOLUTION

Approving the dossier for formulation of the Decree on personal data protection

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THE GOVERNMENT

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

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

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

Pursuant to the Government’s Resolution No. 138/NQ-CP dated September 29, 2020, on approving the proposal to formulate the Decree on personal data protection;

At the proposal of the Minister of Public Security in Report No. 113/BC-BCA-A05 dated February 02, 2023;

Based on the results of the Government’s member opinion sheet.

RESOLVES:

Article 1. To agree that personal data shall be processed without the consent of the data subjects in the following cases:

a) Protection of the data subjects’ lives and health or others in an emergency situation. Personal Data Controller, Personal Data Processor, Personal Data Controller and Processor, Third Party shall be responsible for proving this case;

b) Disclosure of personal data in accordance with the law;

c) The processing of data by competent state agencies in the state of emergency on national defense, security, social order and safety, big natural disasters, or dangerous pandemics; in case there occurs a risk threatening national security but not serious enough to declare a state of emergency; preventing riots and terrorism; preventing crimes and law violations according to the provisions of law;

d) Fulfillment of the contractual obligations of the data subjects with relevant agencies, organizations and individuals as prescribed by law;

dd) In service of the activities of state agencies as prescribed by specialized laws.

Article 2. To approve the Government's report, the National Assembly Standing Committee’s report on collecting opinions, the draft content of the Decree on personal data protection; assign the Minister of Public Security per procurationem the Prime Minister, on behalf of the Government to report and receive opinions from the National Assembly Standing Committee on the draft Decree on personal data protection according to the provisions of Clause 3, Article 19 of the Law on Promulgating Legal Documents 2015 (amended and supplemented in 2020).

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

Article 4. The Minister of Public Security, Ministers and Heads of relevant agencies shall be responsible for the implementation of this Resolution./.

On behalf of the Government

The Prime Minister

Pham Minh Chinh