Responsibility for protecting personal data in recruitment and management of employees

Legal Consulting Office of Lao Dong Newspaper answers:

Article 25 of the 2025 Law on Personal Data Protection (effective from January 1, 2026) stipulates the protection of personal data in the recruitment, management, and use of employees as follows:

1. Responsibility for protecting personal data of agencies, organizations, and individuals in labor recruitment is stipulated as follows:

a) Only be required to provide information serving the recruitment purpose of agencies, organizations, and individuals recruiting in accordance with the law; the information provided is only used for recruitment purposes and other purposes according to agreements in accordance with the law;

b) The information provided must be processed according to the provisions of law and must have the consent of the candidate;

c) Must delete or cancel the information provided by the candidate in case of non-recruitment, except in cases where there is a different agreement with the candidate;

2. Responsibility for protecting personal data of agencies, organizations, and individuals in managing and using employees is stipulated as follows:

a) Comply with the provisions of this Law, laws on labor and employment, laws on data and other relevant laws;

b) Personal data of employees must be stored within the time limit prescribed by law or by agreement;

c) Must delete or destroy personal data of employees when terminating the contract, except in cases agreed upon or otherwise prescribed by law.

3. The processing of personal data of employees collected by technological and technical measures in employee management is regulated as follows:

a) Only applying technological and technical measures in accordance with the provisions of law and ensuring the rights and interests of the personal data subject, on the basis that the employee clearly knows that measure;

b) Not allowed to process or use personal data collected from technological and technical measures contrary to the provisions of law.

Thus, from January 1, 2026, the responsibility for protecting personal data in recruitment and management of employees is as above.

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