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Protecting Students’ Personal Data in Schools (Decree 356/2025)

Teacher and students using a laptop in class — illustrating students' personal data protection in schools

The problem: schools hold the most sensitive “data vault”: children’s personal information — names, birth dates, addresses, health, images, classroom CCTV. Quick answer: from 1 January 2026, the governing framework is Law 91/2025/QH15 and Decree 356/2025/ND-CP — Decree 13/2023/ND-CP was repealed (Article 42.2, Decree 356/2025). Schools as data controllers/processors must fully comply, with fines up to 5% of revenue.

Legal transition note (important)

Many old documents and contracts still cite Decree 13/2023/ND-CP on personal data protection. Note: it was repealed by Decree 356/2025/ND-CP (issued 31 December 2025, effective 1 January 2026) — the guiding text for Law 91/2025/QH15 on personal data protection. All school privacy policies, contract clauses, and compliance files citing Decree 13/2023 need review and updating to the new framework.

Which student data is protected?

  • Basic personal data: names, birth dates, gender, addresses, parent phone numbers, emails.
  • Sensitive data: student health and medical information; biometric data (fingerprint attendance, facial recognition) — protected at a higher level.
  • Images, videos: portraits, classroom CCTV, activity videos — collection and posting need a legal basis (parent/guardian consent for children).

School duties

  • Notice and consent: clearly state purposes, scope, and methods of processing; for child students, obtain parent/guardian consent.
  • Security: apply technical and managerial safeguards; role-based access (not every teacher sees all student files).
  • Retention and deletion: retain only as long as needed for stated purposes; delete when no longer needed or on lawful request.
  • Incident response: on leaks or loss (e.g., disseminated student lists), assess, remediate, and notify as prescribed.

Penalties: up to 5% of revenue

Personal-data violations can draw fines up to 5% of revenue under the new framework — enough to make any private school take notice. Beyond fines: damage claims from parents/students and hard-to-measure reputational harm.

Frequently Asked Questions

1. Is Decree 13/2023 on personal data still in force?

No. Decree 13/2023/ND-CP was repealed by Article 42.2 of Decree 356/2025/ND-CP (effective 1 January 2026). The current framework is Law 91/2025/QH15 and Decree 356/2025.

2. Whose consent for student data collection?

For child students: parent/guardian consent. Schools must clearly state processing purposes and scope.

3. Do classroom cameras violate the rules?

Not automatically, but schools must disclose installation, image-use purposes, secure footage data, and use it only for stated purposes.

4. Penalties for leaking student lists?

Administrative fines up to 5% of revenue under the new framework, plus damage liability to affected persons.

5. What must schools update from Decree 13/2023 to 356/2025?

Review all privacy policies, contract clauses, consent forms, and incident-response procedures — update citations and duties to the new framework.


This article has been quality-reviewed by the FLAW AI Legal Council.