Personal Data Protection in the Recruitment, Management, and Utilization of Employees in Vietnam

October 4, 2025 | Guidelines, Setting up a company in Vietnam

In all business operations, the process of recruiting, managing, and utilizing employees is where the most sensitive and diverse volume of personal data is generated and processed—from application dossiers, personal identification, and labor contracts to timekeeping and payroll data. The legal landscape for these activities is about to undergo a landmark change when the Law on Personal Data Protection (Law No. 91/2025/QH15), with its strict regulations on the rights and obligations of related parties, officially takes effect on January 1, 2026. This imposes an urgent requirement for all businesses to review and standardize their entire human resources procedures to ensure compliance and avoid potential legal risks.

1. Responsibilities for Personal Data Protection in Employee Recruitment in Vietnam

Employers have the following responsibilities to protect personal data during recruitment:

To only request the provision of information that serves the recruitment purposes of the recruiting entity and is consistent with the provisions of the law; the information provided may only be used for recruitment purposes and other purposes as agreed upon in accordance with the law.
The provided information must be processed in accordance with legal regulations and must have the consent of the applicant.
To delete or destroy the information provided by the applicant in the event of non-recruitment, unless otherwise agreed upon with the applicant.

2. Responsibilities for Personal Data Protection in the Management and Utilization of Employees

During the process of managing and utilizing employees, the employer is responsible for protecting personal data as stipulated in Clause 2, Article 25 of the Law on Personal Data Protection:

To comply with the provisions of this Law, laws on labor, employment, data-related laws, and other relevant legal regulations.
The personal data of employees must be stored for a period as prescribed by law or by agreement.
To delete or destroy the personal data of employees upon contract termination, except in cases of other agreements or where otherwise provided by law.

3. Processing of Employee Personal Data Collected via Technological Measures in Employee Management

In cases where the personal data of employees is processed using technological or technical measures, the responsibilities and obligations stipulated in Clause 3, Article 25 of the Law on Personal Data Protection must be fulfilled:

To only apply technological and technical measures that are consistent with the provisions of the law and ensure the rights and interests of the data subject, on the basis that the employee is clearly aware of such measures.
Not to process or use personal data collected from technological and technical measures in contravention of the law.

4. Conclusion

In summary, the regulations on personal data protection in the labor sector have closed the chapter on legal "loopholes," officially establishing a stringent legal framework that approaches international standards. Compliance is not merely a legal obligation to avoid strict sanctions but also a reflection of a company's corporate social responsibility and business ethics. Therefore, building a transparent, secure, and compliant HR data governance system is an essential requirement and serves as a foundational pillar for the sustainable development of any organization in the new context.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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