Last review date: 5 January 2024
Yes.
☒ a) data localization / data residency laws that mandate retention of personal data or a copy thereof in the local jurisdiction (include whether copies or the original data may also be stored outside of the jurisdiction):
☐ b) other laws that may require the retention and storage of personal data (including, for example, where such data is part of another type of record or dataset) in the local jurisdiction or otherwise prohibit the transfer or disclosure of the personal data outside of the local jurisdiction:
☐ national security laws
☐ anti-investigatory/blocking statutes that restrict any activity on local territory that aids a foreign government investigation
☐ tax or financial record laws
☐ employment laws
☐ export control laws
☐ other
The Cybersecurity Law and Decree No. 53 subject onshore and offshore providers of telecommunications services, internet services and value-added services in cyberspace ("Cyberspace Service Providers – CSP") to data localization obligation. The specific triggering conditions and requirements are as follows:
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Domestic entities |
Offshore entities |
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Conditions |
(A1) Being a CSP; AND (A2) Collect, exploit, analyze, and/or process data on personal information, data on relationship of theservice users, data created by service users inVietnam ("Regulated Data"). |
(B1) Being a CSP (specific services/business lines are provided); (B2) Collect, exploit, analyze, and/or process the Regulated Data; (B3) Its services are used to commit acts of violating law on cybersecurity for which the MPS A05 has notified and requested coordination, prevention, investigation and handling in writing; (B4) The offshore entity fails to comply, complies insufficiently or prevents, hinders, neutralizes or invalidates cybersecurity protection measures taken by the specialized force in charge of cybersecurity protection; AND (B5) The MPS issues a decision requesting data storage and establishment of a branch or representative office in Vietnam. |
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Requirements |
Store the above data in Vietnam. |
Store the above data in Vietnam; AND Set up either a representative office or a branch inVietnam. |