RESOLUTION

ON APPROVAL FOR DOCUMENTS ON PROTECTION OF PERSONAL DATA

THE GOVERNMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Promulgation of Legal Documents dated June 22, 2015;

Pursuant to Decree No. 39/2022/ND-CP dated June 18, 2022 of the Government on promulgation of the Government's working regulations;

Pursuant to Resolution No. 138/NQ-CP dated September 29, 2020 of the Government on approval for the proposal to develop a Decree on protection of personal data;

At the request of the Minister of Public Security in report No. 113/BC-BCA-A05 dated February 2, 2023;

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HEREBY RESOLVES:

Article 1. The personal data is processed without the consent of the data owner in the following cases:

a) To protect the life and health of the data owner or others in an emergency situation. Personal Data Controller, Personal Data Processor, Personal Data Controller and Processor, and Third Party are responsible for proving this case;

b) The disclosure of personal data in accordance with the law;

c) The processing of data by competent regulatory authorities in the event of a state of emergency on national defense, security, social order and safety, major disasters, or dangerous epidemics; when there is a risk of threatening security and national defense but not to the extent of declaring a state of emergency; to prevent and combat riots and terrorism, to prevent and combat crimes and law violations according to the provisions of law;

d) To fulfill the contractual obligations of the data owners with relevant agencies, organizations and individuals as prescribed by law;

dd) Serve the activities of regulatory agencies as prescribed by specialized laws.

Article 2. Approve the Government's report, the report on the receipt of opinions of the National Assembly Standing Committee, the draft content of the Decree on protection of personal data; assign the Minister of Public Security, authorized by the Prime Minister, on behalf of the Government to report and consult the National Assembly Standing Committee on the draft Decree on protection of personal data according to Clause 3, Article 19 of the Law on promulgation of legal documents in 2015 (amended in 2020).

Article 3. This Resolution comes into force as of the date of signing.

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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER




Pham Minh Chinh