Not deleting personal data of employees when quitting, fined up to 70 million VND
Reader phantoanxxx@gmail. com asks: How is a business that does not delete or destroy personal data of employees when terminating a labor contract fined?
Legal Consulting Department of Lao Dong Newspaper answers:
Point b, Clause 2, Article 49, Section 6, Chapter II, Decree No. 330/2026/ND-CP stipulating penalties for administrative violations in the field of network security and personal data protection (effective August 19, 2026) stipulates a fine of 50 million VND to 70 million VND for the following acts:
b) Not to delete or destroy personal data of employees when terminating labor contracts, unless agreed upon or otherwise prescribed by law.
Clause 1, Article 7, Section 6, Chapter II, Decree No. 330/2026/ND-CP stipulates the level of fines and sanctioning authority as follows: Section 6, Chapter II of this Decree stipulates the level of fines applied to administrative violations in the field of personal data protection committed by organizations. In case an individual has the same violation, the fine applied to the individual is equal to one-twice the fine applied to the organization.
Thus, from August 19, 2026, businesses that do not delete personal data of employees when they quit their jobs may be fined up to 70 million VND.
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