The Law on Personal Data Protection No. 91/2025/QH15 dated June 26, 2025 of the National Assembly ("Law on PDP") and the Government's Decree No. 356/2025/ND-CP dated December 31, 2025 detailing a number of articles and measures to implement the Law on PDP ("Decree 356") have established personal data processing services as a conditional business field for the first time, are directly governed by specialized laws on PDP. This regulation has a significant impact on many businesses operating in the digital economy.
Focusing on implementing breakthroughs in science, technology, innovation and digital transformation, creating a foundation for the development of new and modern production forces is identified as one of the key tasks of the term of the XIV Congress . With this orientation, the requirement to strongly innovate the mechanism of allocation, management and use of resources for science, technology and innovation is becoming more and more clear, in the direction of priority.
The Draft Decree on sanctioning administrative violations in cyber security and personal data protection ("Draft Decree") is formed in the context that the law on cyber security and personal data protection ("PDP") will be officially implemented from the beginning of 2026.
The strong development of the digital economy has gradually blurred geographical boundaries in the provision of services in cyberspace. Technology businesses such as Google, Meta, Netflix,... can reach millions of users in Vietnam without a physical presence, thereby forming an increasingly popular and difficult to control cross-border service delivery model. This invisibly entails many risks in terms of security and confidentiality of user data. Therefore, ensuring cyber security and information management is increasingly required, requiring coordination between businesses and professional management agencies against potential risks, directly harming the State and individuals and organizations using cross-border products and services.
The Law on Artificial Intelligence ("AI") 2026 officially takes effect on 01 March, 2026, this specialized law means that the use of AI in businesses is a matter of risk management, responsibility and compliance. Meanwhile, many businesses are sprinting to build policies to use AI internally as a way to respond to the situation. The common reaction of many businesses in using AI today is divided into two extremes. On the one hand, it is floating, allowing personnel to freely use AI tools without direction, without controlling input data, without delineating responsibilities. The other side is frozen, concerned about risks, so they prohibit and tighten to the point of suppressing the benefits that AI can bring. Neither is a sustainable strategy.
As of March 1, 2026, the Law on Artificial Intelligence 2025 ("Law on AI") has officially come into effect, marking a transformation when it is officially recognized separately in specialized legal regulations. Currently, the Government is also urgently collecting comments on 04 draft documents, including: (i) Decree guiding the implementation of the Law on AI; (ii) Circular guiding the National Artificial Intelligence Ethics Framework; (iii) 02 Decisions related to the List of high-risk artificial intelligence systems and the List of datasets for the development of artificial intelligence in essential fields to soon complete this very new legal framework in Vietnam.
The rise of generative AI in recent years is not merely a technological trend but has become a core catalyst to reshape the growth strategy of businesses. The global M&A market is on track to recover strongly with the total transaction value in the first nine months of 2025 reaching $1.93 trillion, up 10% year-on-year . In particular, AI plays the role of the "heart" of megadeals (over $5 billion) and is a vital factor that forces old competitors to shake hands to survive.
Schools around the world as well as in Vietnam are using more and more technology in teaching and learning. Creating conditions for educational technology (EdTech) companies to take advantage of and fully exploit the "data gold mine" of students. This forces countries, including Vietnam, to take action to strictly protect student data in an increasingly digital educational environment.
According to the Law on Personal Data Protection 2025 (Law on PDP), medical data is classified as sensitive personal data "associated with the privacy of individuals, when infringed upon, will directly affect legitimate rights and interests". This reflects the importance of protecting health records, personal information of patients. In a healthcare setting, patient trust in information confidentiality is crucial. If patients suspect that their information has been disclosed or used unauthorized, they may lose trust, not cooperate fully with treatment, or be afraid to honestly declare sensitive matters.
In the context of the Law on Personal Data Protection 2025, which has formally established the legal framework for the appointment and operation of Data Protection Officers (DPOs), practical implementation in Vietnam continues to raise a number of complex issues. These include the DPO’s right to cease performing assigned duties, the choice between an internal and outsourced DPO model, questions of legal liability, and mechanisms to ensure functional independence. The Q&A section below addresses common challenges arising during the appointment process and provides structured legal and governance perspectives on managing the DPO role in Vietnam.
For the pharmaceutical industry, specifically for today's pharmacy chains, the stored data block is not just a type of transaction information between drug sellers and drug buyers, but also health data - a sensitive form of data under the new law and is required to be more strictly protected. However, there are gaps in the way pharmacies collect and separate their data management that can expose these businesses to legal risks even as they strive to demonstrate compliance with current laws.
On the basis of practical requirements in implementing the DPO function, HM&P compiled the publication "Q&A on Legal Issues Related to DPO" to provide reference materials for businesses and individuals in the position of DPO. The content is presented in the form of questions and answers, combining analysis of legal regulations and practical experience, illustrated with tables, diagrams and accompanied by appendices including supporting tools such as a list of questions when selecting a DPO and a form of decision on the appointment of a DPO.