On the afternoon of November 30, with the majority of delegates in favor, the National Assembly passed the Data Law.
Article 18 of the law stipulates the provision of data to State agencies as follows:
Article 18. Providing data to State agencies
1. Encourage domestic and foreign organizations and individuals to provide proprietary data to State agencies.
2. Organizations and individuals must provide data to State agencies upon request of competent authorities without the consent of the data subject in the following cases:
a) Responding to emergencies;
b) When there is a threat to national defense and security but not to the extent of declaring a state of emergency;
c) Disaster;
d) Prevention and control of riots and terrorism.
3. The State agency receiving the data has the following responsibilities:
a) Use data for the right purposes;
b) Ensure data security, safety, protect data confidentiality, and other legitimate interests of data subjects, organizations, and individuals providing data in accordance with the provisions of law;
c) Destroy data as soon as it is no longer needed for the requested purpose and notify the data subject, organization or individual that provided the data;
d) Notify the storage and use of data upon request of the organization or individual providing the data, except in cases of protecting State secrets or work secrets.
4. The Government shall detail this Article.
In addition, the Law also stipulates fees for exploiting and using data in the National General Database and other databases managed by State agencies. Accordingly:
1. Party and State agencies, the Vietnam Fatherland Front Committee and socio-political organizations exploiting and using information in the National General Database and other databases managed by State agencies are not required to pay fees.
2. Organizations and individuals exploiting and using their data in the National Comprehensive Database and other databases managed by State agencies do not have to pay fees.
3. Organizations and individuals not specified in Clause 1 and Clause 2 of this Article that exploit and use data in the National Comprehensive Database and other databases managed by State agencies must pay fees in accordance with the provisions of law on fees and charges.
The Data Law comes into force from 1.7.2025.
