Legal expert Quoc Tuan provides the following response:
On September 19, 2026, the Government of Vietnam promulgated Decree No. 363/2026/ND-CP prescribing administrative penalties for violations in the field of data.
Accordingly, this Decree prescribes administrative violations; forms and levels of penalties; the enforcement of penalties for administrative violations; remedial measures applicable to each administrative violation; entities subject to penalties; the authority to prepare administrative violation records; the authority to impose penalties and apply remedial measures; and the specific maximum fine applicable to each officeholder for administrative violations in the field of data.
This Decree does not apply to administrative violations governed by the Decree prescribing administrative penalties for violations in the fields of cybersecurity and personal data protection.
The maximum fine for an administrative violation in the field of data committed by an individual is VND 100.000.000.
The fines prescribed in Chapter II of this Decree apply to administrative violations committed by individuals, except those prescribed in Point b Clause 1 Article 8, Article 9, Article 10, Clause 2 Article 13, and Clause 4 Article 16 of this Decree, for which the prescribed fines apply to organizations. The fine imposed on an organization shall be twice the fine imposed on an individual.
The specific fine shall be determined based on the fine prescribed for each violation in this Decree and the aggravating and mitigating circumstances prescribed by the Law on Handling Administrative Violations and its detailed implementing documents.
Note:
- Where an administrative violation in the field of data ended before this Decree took effect but is detected or is under consideration or resolution after this Decree takes effect, it shall be handled in accordance with the Government of Vietnam’s decree on administrative penalties and other relevant legislative documents in effect at the time the violation was committed.
Where an administrative violation in the field of data began before this Decree took effect but is still ongoing when this Decree takes effect, it shall be handled in accordance with this Decree.
- Where a decision on administrative penalties was issued or fully enforced before this Decree took effect but the sanctioned individual or organization subsequently lodges a complaint, the matter shall be handled in accordance with the Law on Handling Administrative Violations, the Government of Vietnam's decree on administrative penalties, and other relevant legislative documents in effect when the decision on administrative penalties was issued.
See more details in Decree No. 363/2026/ND-CP effective as of November 11, 2026.
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