Must an FDI enterprise prepare a Data Protection Impact Assessment (DPIA)? Under Law on Personal Data Protection 91/2025/QH15 (effective 1/1/2026) and Decree 356/2025/ND-CP, the answer is: almost certainly yes — because of five FDI-specific triggers. This article offers a five-question self-check matrix, distinguishes the two easily confused filings, explains the 60-day timeline, and outlines sanctions.
Legal Basis
- Law 91/2025/QH15 (effective 1/1/2026): Article 21 (DPIA); Article 20 (cross-border personal data transfer).
- Decree 356/2025/ND-CP (effective 1/1/2026): Article 19 (DPIA dossier — prepare, retain, submit one original within 60 days, Form No. 10); Articles 17–18 (cross-border transfer).
- Sanctions: Article 55, Decree 330/2026/ND-CP (issued 19/8/2026).
Five-Question Self-Check: Does Your FDI Company Need a DPIA?
A “YES” to any question below means the company almost certainly must prepare a DPIA dossier:
| # | Self-check question | Why it matters |
|---|---|---|
| 1 | Do you transfer personal data to the overseas parent / headquarters? | The most common FDI trigger: HR reports, customer data, operational data sent to HQ. |
| 2 | Do you use offshore platforms to process personal data collected in Vietnam (global HR/ERP systems, foreign cloud)? | Art. 20(3), Law 91/2025: processing Vietnam-collected data on offshore platforms. |
| 3 | Do you process sensitive personal data? | Per Art. 4, Decree 356/2025 (e.g., biometric, health, financial data). |
| 4 | Is the processing scale 100,000+ data subjects? | The threshold losing small-business exemptions. |
| 5 | Have data processing activities changed since the last assessment (expanded scope, new purposes, new systems)? | Must update every 6 months when changes occur. |
Two Filings Compared: DPIA vs Cross-Border Transfer Assessment
| Criterion | DPIA dossier (Art. 21) | Cross-border transfer impact assessment (Art. 20) |
|---|---|---|
| Scope | All of the company’s personal data processing | Only cross-border transfers |
| Frequency | Once for all processing; update on change | Prepared when transfers begin; not one dossier per transfer batch |
| Filing deadline | Submit one original within 60 days (Art. 19, Decree 356/2025, Form No. 10) | File within 60 days of the first transfer |
| Retention | Kept at the company; produced on inspection | Kept at the company |
The 60-Day Timeline: Key Milestones
- Before processing / before transferring: prepare the impact assessment dossier.
- Within 60 days: submit one original DPIA dossier to the competent authority (Form No. 10, Decree 356/2025).
- Every 6 months: update the dossier when processing activities change.
- On inspection: produce the dossier retained at the company.
Exemptions & Two Common Misunderstandings
Exemptions (Article 20(6))
- State agencies performing statutory duties;
- Storing employees’ personal data on cloud — exempt from the cross-border assessment dossier, but DPIA is still required;
- Data subjects transferring their own data abroad.
Misunderstanding 1: “Storing HR data on cloud exempts everything”
Wrong. The exemption covers only the cross-border assessment; the DPIA obligation for data processing generally remains.
Misunderstanding 2: “Each data transfer needs a new dossier”
Wrong. The DPIA is prepared once for all processing activities and updated on change — not re-prepared per transfer batch.
Sanctions (Article 55, Decree 330/2026/ND-CP)
- VND 20–30 million: failure to prepare or submit the impact assessment dossier as required.
- VND 50–100 million: falsifying the assessment dossier.
- Remedial measure: ordered suspension of the violating data processing.
Action Checklist for FDI Companies
- ☐ Answer the five-question matrix — determine DPIA applicability.
- ☐ Clearly distinguish the two filings (DPIA Art. 21 vs cross-border Art. 20).
- ☐ Prepare the DPIA dossier per Form No. 10 (Decree 356/2025); submit one original within 60 days.
- ☐ Map data flows to the parent company / global HR-ERP systems / foreign cloud.
- ☐ Schedule 6-monthly updates when changes occur.
Disclaimer: General information under Law 91/2025/QH15, Decree 356/2025/ND-CP, and Decree 330/2026/ND-CP, as of publication. Each company’s actual data flows require individual review before preparing dossiers; please verify original texts and consult specialists before applying.
Content reviewed by the FLAW AI Legal Council — an AI council with the mindset of seasoned lawyers. This is not the opinion of a human lawyer and does not replace direct legal advice.
This article has been reviewed by the QA Council.
For personal-data compliance review or DPIA preparation, please contact FLAT Law Firm.
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