GOVERNANCE OF CONSUMERS' PERSONAL DATA IN E-COMMERCE IN VIETNAM
DOI:
https://doi.org/10.18623/rvd.v23.5186Keywords:
Consumer Protection, Data Governance, E-Commerce, Personal Data, VietnamAbstract
This article examines the governance of consumers' personal data in Vietnam's e-commerce sector. It argues that the rapid expansion of the country's digital economy has intensified the collection, processing, and circulation of personal data across online platforms, thereby increasing risks of misuse, unauthorized disclosure, and inadequately controlled cross-border transfers. Based on doctrinal analysis of Vietnamese law and comparative engagement with the European Union's General Data Protection Regulation, the article shows that Vietnam is moving from a fragmented privacy-protection approach toward a more structured model of data governance. Nevertheless, important weaknesses remain, including regulatory inconsistency, limited enforcement capacity, fragmented supervisory arrangements, and insufficiently effective mechanisms for the exercise of data-subject rights. The article concludes by proposing legislative and institutional reforms designed to strengthen platform accountability, improve the coherence of sanctioning mechanisms, and enhance consumer trust in the digital marketplace.
References
1. Civil Code of the Socialist Republic of Vietnam (2015).
2. Constitution of the Socialist Republic of Vietnam (2013).
3. De Hert, Paul; Papakonstantinou, Vagelis. The new General Data Protection Regulation: still a sound system for the protection of individuals? Computer Law & Security Review, v. 32, n. 2, p. 179–194, 2016.
4. Decree No. 13/2023/ND-CP on Personal Data Protection (2023).
5. Decree No. 52/2013/ND-CP on E-commerce (2013).
6. Decree No. 85/2021/ND-CP amending and supplementing a number of articles of Decree No. 52/2013/ND-CP on E-commerce (2021).
7. Decree No. 98/2020/ND-CP on administrative sanctions in commercial activities, the production and trading of counterfeit and prohibited goods, and the protection of consumer rights (2020).
8. Decree No. 118/2021/ND-CP detailing a number of provisions and implementation measures of the Law on Handling of Administrative Violations (2021).
9. E-Commerce and Digital Economy Agency. Vietnam E-Commerce Report 2023. Hanoi: Ministry of Industry and Trade, 2023. Available from: https://idea.gov.vn/?page=document. Access on: Jul. 15, 2025.
10. European Union. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR). Official Journal of the European Union, L119, 4 May 2016.
11. General Department of Market Surveillance. Report No. 76/BC-TCQLTT dated Dec. 22, 2023 on the operational results of the Market Surveillance Force in 2023 and its tasks and orientations for 2024. Hanoi: Ministry of Industry and Trade, 2023.
12. General Department of Market Surveillance. Report No. 57/BC-TCQLTT dated Dec. 16, 2024 on the operational results of the Market Surveillance Force in 2024 and its tasks and orientations for 2025. Hanoi: Ministry of Industry and Trade, 2024.
13. Giang, Son. Strengthening the control of counterfeit and imitation goods on e-commerce platforms. Thanh Tra Newspaper, 2025. Available from: https://thanhtra.com.vn/an-ninh-trat-tu-D718A18CA/siet-kiem-duyet-hang-gia-hang-nhai-tren-san-thuong-mai-dien-tu-48a07c57c.html. Access on: Jul. 15, 2025.
14. Greenleaf, Graham. Global data privacy laws 2021: despite COVID delays, 145 laws show GDPR dominance. Privacy Laws & Business International Report, n. 163, p. 10–13, 2021.
15. Kuner, Christopher. Transborder Data Flows and Data Privacy Law. 2nd ed. Oxford: Oxford University Press, 2017.
16. Kuner, Christopher; Bygrave, Lee; Docksey, Christopher (eds.). The EU General Data Protection Regulation (GDPR): A Commentary. Oxford: Oxford University Press, 2020.
17. Law on Handling of Administrative Violations of the Socialist Republic of Vietnam (2012).
18. Law on Artificial Intelligence of the Socialist Republic of Vietnam (2025).
19. Law on Personal Data Protection of the Socialist Republic of Vietnam (2025).
20. Mayer-Schönberger, Viktor; Cukier, Kenneth. Big Data: A Revolution That Will Transform How We Live, Work and Think. London: John Murray, 2013.
Downloads
Published
How to Cite
Issue
Section
License
I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Veredas do Direito Journal, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Veredas do Direito Journal, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.
I (we) recognize that the Veredas do Direito Journal is licensed under a CREATIVE COMMONS LICENSE.
Licença Creative Commons Attribution 3.0
