Vietnam Recording Laws: Consent Rules and Penalties (2026)

Vietnam has no settled one-party or all-party consent rule. The law clearly prohibits listening to or recording another person's calls without that person's consent, but no statute, court precedent or official ruling we could find says whether a participant may secretly record their own call or conversation. Treat a secret recording as legally risky: ask for consent where you can, and be most careful about sharing or publishing what you record.

Quick Answer: Is Vietnam a One-Party or All-Party Consent Country?

Vietnam does not have a settled one-party or all-party consent rule for participant recordings. The Government e-newspaper, answering a citizen's question in 2021, said that listening to or recording another person's call without that person's consent is unlawful, and Penal Code Article 159 criminalizes unlawfully listening to or recording conversations. Asked about a company's customer-service line that records its own calls with customers, the same answer said the telecommunications business must clearly tell customers before recording. Neither text says whether an individual who is a party to a call may secretly record it.

A lawyer interviewed by the state broadcaster VOV in 2020 described two competing views: one holds that recording a call without the other participant's consent is itself unlawful; the other holds that a recording becomes unlawful only when it is used for an unlawful purpose, such as damaging someone's reputation or disclosing personal secrets. The Civil Code (Article 38) requires a person's consent to collect information about their private life, and the Personal Data Protection Law applies to individuals as well as businesses. We found no court precedent or official ruling that settles the question.

In practice, ask the other person for consent, or tell them you are recording, whenever you can. A recording of your own conversation made to prove your own rights, such as a debt or an agreement, is the most defensible kind, because the Personal Data Protection Law allows processing without consent where necessary to protect your own legitimate rights against someone infringing them, provided you can prove it (Article 19(1)(a)). Sharing or publishing a recording is the high-risk step. What is clearly unlawful is intercepting or recording a conversation between other people that you are not a party to.

The legal framework governing recording in Vietnam draws from multiple overlapping sources: the 2013 Constitution (Article 21), the 2015 Penal Code (Articles 159 and 288, Law No. 100/2015/QH13, most recently amended by Law No. 86/2025/QH15 effective July 1, 2025), the 2015 Civil Code (Articles 32-38), the Personal Data Protection Law (Law No. 91/2025/QH15, in force since January 1, 2026), Decree 174/2026/ND-CP on administrative fines (in force since July 1, 2026), the new Cybersecurity Law (Law No. 116/2025/QH15, in force since July 1, 2026), and the AI Law (Law No. 134/2025/QH15, in force since March 1, 2026). This article addresses each layer in turn.

Jurisdiction scope: This article addresses recording and privacy law in the Socialist Republic of Vietnam under Vietnamese national legislation. It does not address recording laws in other Southeast Asian countries. For a comparison of recording consent laws across countries, see our international recording laws overview.

Constitutional Foundation: Article 21

Vietnam's 2013 Constitution provides the bedrock for all recording and privacy protections. Article 21 protects the inviolability of each person's private life, personal secrets and family secrets, and the right to protect one's honor and reputation.

It also guarantees the secrecy of correspondence, telephone calls, telegrams and other forms of private communication, and bars anyone from unlawfully opening, controlling or seizing another person's correspondence, telephone calls, telegrams or other private communications.

This constitutional language is deliberately broad and covers any form of private communication. The Constitution does not say whether a participant in a conversation may record it; that question is left to ordinary legislation.

Because this protection sits at the constitutional level, lower-ranking laws on recording must be consistent with it. All recording-related statutes and decrees operate within the bounds Article 21 establishes.

Penal Code Articles 159 and 288: Criminal Liability for Recording and Privacy Violations

The 2015 Penal Code (Law No. 100/2015/QH13), most recently amended by Law No. 86/2025/QH15 (effective July 1, 2025), contains two directly relevant provisions: Article 159 on infringing the secrecy of another person's correspondence, telephone calls and other private communications, and Article 288 on illegally providing or using information on computer and telecommunications networks.

No General Privacy Offense

Article 158 of the Penal Code is not a privacy offense: it criminalizes infringing another person's home (unlawful searches, unlawful eviction, occupying a home, or unlawfully entering it). The Penal Code has no general offense of invading private life.

Recording-related criminal liability comes from Article 159 and Article 288, described below. Other misuse of private information is handled through civil claims under Civil Code Articles 32, 34 and 38 and through administrative fines.

Article 159: Infringing the Secrecy of Communications

Article 159 specifically targets the secrecy of correspondence, telephone conversations, telegrams, and other forms of private communication. Prohibited conduct includes:

• Appropriating another person's mail, telegrams, telex, fax or other documents transmitted over postal or telecommunications networks
• Deliberately damaging or losing such documents, or deliberately obtaining their contents
• Listening to or recording conversations unlawfully (Article 159(1)(c))
• Unlawfully searching or seizing mail or telegrams
• Any other acts that violate the secrecy or safety of another person's private communications

Article 159's title protects the secrecy of communications "of another person," and it plainly covers outside interceptors: someone tapping a phone line, installing a listening device in another person's home or office, or obtaining private communications through unauthorized system access. The article does not say whether a participant who records their own call commits the offense, and we found no court precedent or official guidance that answers that question. Vietnamese commentary is divided, so a participant recording should not be treated as safe.

Penalties Under Article 159

Article 159 applies only to a person who commits one of these acts after already being disciplined or administratively sanctioned for the same act. Such a person faces:

Aggravating factors that elevate penalties to 1 to 3 years imprisonment include:

• Committing the offense as part of an organized group
• Abusing a position of authority or power
• Committing the offense more than once
• Disclosing the information obtained in a way that harms another person's honor, reputation or dignity
• Causing the victim to commit suicide

Note on amendments: The consolidated Penal Code published by the National Assembly Office (135/VBHN-VPQH, 2025), which incorporates Law No. 86/2025/QH15 (in force since July 1, 2025), shows Articles 159 and 288 with the penalties stated on this page.

Article 288: Posting or Using Private Information Online

Article 288 makes it a crime, among other acts, to buy, sell, exchange, give away, alter or publicize the lawful private information of an organization or individual on a computer or telecommunications network without the owner's permission. It applies only when the act brings illicit gains of VND 50 million or more, causes damage of VND 100 million or more, or causes adverse public opinion that damages the reputation of an agency, organization or individual.

The penalty is a fine of VND 30 million to 200 million, up to 3 years of non-custodial reform, or 6 months to 3 years in prison. Aggravated cases carry a fine of VND 200 million to 1 billion or 2 to 7 years in prison.

Civil Code Articles 32-38: Personality Rights

The 2015 Civil Code (Law No. 91/2015/QH13) establishes a comprehensive system of "personality rights" in Articles 32 through 38. These civil-law protections operate independently of criminal liability and give individuals private causes of action in Vietnamese courts.

Article 32: Right to Personal Image

Article 32 provides that each individual has the right with respect to their own image. Using a person's image requires their consent. This applies directly to video recording: capturing and then using another person's image (whether in film, photography, or video) without their consent violates this right and creates civil liability. Exceptions exist for images captured in public activities (conferences, sports events, art performances) that do not harm the person's honor or dignity, and for uses that serve national or public interests.

Article 34: Right to Honor and Dignity

Article 34 protects each person's honor, dignity, and reputation, and requires that no one may insult or defame another. Recording a conversation and then publicly disseminating it in a way that harms the subject's reputation can trigger liability under Article 34 even if the recording itself was lawful.

Article 38: Right to Private Life, Personal Secrets, and Family Secrets

Article 38 states that private life, personal secrets, and family secrets are "inviolable and protected by law." Specifically:

• The collection, retention, use, and disclosure of information relating to private life and personal secrets requires the consent of the individual concerned.
• Correspondence, telephone conversations, telegrams, electronic data, and other private communications are protected and kept confidential.
• The collection, retention, use, and disclosure of information relating to family secrets requires consent from all family members, except where law provides otherwise.

For recording purposes, capturing someone's private conversation, storing that recording, or sharing it with others without consent exposes the recording party to civil liability. Victims can pursue damages in Vietnamese civil courts. Civil Code Article 38's right to private life complements criminal liability under the Penal Code.

Personal Data Protection Law (2025 PDPL)

Vietnam's most significant recent development in recording and privacy law is the Personal Data Protection Law (Law No. 91/2025/QH15), which took effect on January 1, 2026. This law replaced the earlier framework established by Decree 13/2023/ND-CP and introduced substantially strengthened requirements. The implementing regulation, Decree No. 356/2025/ND-CP, was issued on December 31, 2025, and took effect on January 1, 2026. Administrative fines for personal data protection violations are set by Decree No. 330/2026/ND-CP, in force since August 19, 2026.

Consent Requirements Under the PDPL

Article 9 of the PDPL requires that consent for processing personal data must be:

• Voluntary (not coerced or bundled with unrelated services)
• Specific (tied to a particular processing purpose)
• Fully informed (the individual understands what data is collected and why)
• Provided separately for each processing purpose

A voice or image that identifies a person is personal data, and processing it generally requires consent meeting these requirements unless an exception applies. The PDPL applies to Vietnamese individuals as well as organizations (Article 1(2)), and we found no general exemption in it for personal or household use.

One exception allows processing without consent where necessary to protect one's own or another person's legitimate rights or interests against an infringing act, but the person relying on it must be able to prove it (Article 19(1)(a)).

Article 29: Social Media and Online Communication Platforms

Article 29 targets technology companies and social media platforms operating in Vietnam. It prohibits organizations and individuals providing social network services and online communication services from:

• Eavesdropping on users
• Wiretapping or recording phone calls without user consent
• Reading text messages without user consent
• Collecting personal data beyond the scope agreed upon with the user
• Requesting images or videos of identification documents for account verification
• Tracking user activity without providing opt-out mechanisms

This provision directly addresses concerns about smartphone apps and communication platforms that may access microphones, record calls, or monitor messaging activity without clear user authorization.

Administrative Penalties Under the PDPL

Article 8 of the PDPL sets these maximum administrative fines for organizations:

For individuals, the maximum is half (Article 8(6)). Decree 330/2026/ND-CP sets the fine for each specific violation, and serious cases can also lead to criminal liability.

Recording Phone Calls in Vietnam

Whether a participant may record their own phone call without telling the other parties is not settled in Vietnam. The government's published answer says that recording another person's call without that person's consent is unlawful and is fined under the telecommunications penalty decree, and that a telecommunications business recording its customer-service calls must clearly tell customers first, but it does not address an individual recording their own call. Legal commentary is divided on whether the other party's consent is required or whether only unlawful use of the recording is punished.

Because Civil Code Article 38 requires consent to collect information about someone's private life, and the Personal Data Protection Law applies to individuals, the safest course is to tell the other party you are recording or get their agreement.

The 2013 Constitution (Article 21) and Penal Code Article 159 protect the secrecy of telephone communications. The PDPL's consent rules apply to anyone who processes personal data, including individuals, and Article 29 separately bars social network and online communication services from eavesdropping on or recording calls without the user's consent.

Under Decree 174/2026/ND-CP (in force since July 1, 2026, replacing the matching provision of Decree 15/2020/ND-CP), unlawfully listening to or recording a conversation is fined VND 10 million to 20 million for an organization and half that for an individual (Article 96(3)(q) read with Article 4(3)).

When Recording a Phone Call Becomes Illegal

A phone call recording crosses into illegal territory when:

• A person who is NOT a party to the call intercepts it (an administrative violation, and a crime under Article 159 for a repeat offender)
• The recording is made by bugging a telephone line or using unauthorized interception equipment
• A platform records calls without user consent in violation of PDPL Article 29
• A business records customer calls without proper consent disclosures required by the PDPL
• The recording captures special categories of personal data (health, biometric, financial) without the heightened consent required for sensitive data under the PDPL
• The recording is used or published to harm the subject's reputation (Civil Code Articles 34 and 38; Penal Code Article 288 if it is posted online and the statute's thresholds are met)

Law Enforcement Exceptions

Vietnamese law permits recording of communications in limited circumstances:

• Law enforcement: Competent state authorities may authorize monitoring of private communications during criminal investigations, subject to procedural safeguards under the Criminal Procedure Code.
• National security: The Cybersecurity Law (and its successor, Law No. 116/2025/QH15) grants security agencies authority to monitor communications when national security is at stake.
• Court-ordered surveillance: A judge or prosecutor may authorize wiretapping or recording in connection with specific criminal proceedings.

Recording In-Person Conversations

The same uncertainty applies to in-person conversations. We found no statute or court precedent that says whether a participant may secretly record a face-to-face conversation. Article 159(1)(c) covers unlawfully listening to or recording conversations, and Civil Code Article 38 requires consent to collect information about a person's private life, so a secret recording of a private conversation carries legal risk.

Using the recording is where the risk rises. Posting a recording publicly without the other person's consent may violate Civil Code Articles 34 and 38 and, if it is spread online and the statute's thresholds are met, Penal Code Article 288.

Public Spaces

In public spaces where people have a reduced expectation of privacy, recording carries less legal risk than recording a private conversation. Security cameras in businesses and public areas are regulated primarily through technical standards rather than outright prohibition. However, deliberately targeting an individual in a public place to capture their private conversation or personal data without consent can trigger liability under the Civil Code and the PDPL. Under PDPL Article 32, recording in public places or at public activities is allowed without consent for listed purposes, including protecting the lawful rights and interests of agencies, organizations and individuals, and at public events such as conferences, sports and performances where it does not harm a person's honor or dignity. The person recording must notify people or otherwise let them know they are being recorded unless the law provides otherwise, and may use the data only for that purpose.

Recording Police Officers and Public Officials

This is an area of legal tension in Vietnam. Circular 46/2024/TT-BCA, issued by the Ministry of Public Security on September 30, 2024 and in force since November 15, 2024, amended Circular 67/2019/TT-BCA on how the public may monitor traffic police. The earlier rule listed monitoring through audio and video recording devices; the new list no longer mentions recording. The Ministry said some people had misused the right by filming officers and posting the footage on social media.

As summarized by the Government e-newspaper, the circular does not state an outright ban on recording. It requires public monitoring not to interfere with officers performing their duties, bars people from entering the area where officers are working unless they have rights and obligations in the matter, and requires compliance with other laws.

Watch out: Filming traffic police in Vietnam is legally sensitive. Stay out of the enforcement area unless you are directly involved, do not obstruct officers, and be careful about posting footage that identifies people, which can raise Civil Code and personal data issues.

Workplace Recording and Employee Monitoring

Vietnam's Labor Code authorizes employers to monitor employees in the workplace to ensure compliance with internal labor regulations (ILRs). The 2025 PDPL has significantly narrowed the scope of permissible workplace surveillance, however.

What Employers May Do

Employers in Vietnam may:

• Install security cameras in common work areas (with appropriate notice to employees)
• Monitor company-owned computer and internet usage
• Block access to specific websites on company networks
• Use time-tracking and attendance systems that do not involve biometric data

What Needs Consent or Notice

PDPL Article 25(3) allows technical monitoring of employees only where it complies with the law and the employees clearly know about it. Beyond that, employers should expect to need employees' consent, or another legal basis under the PDPL, before they:

• Use fingerprint or facial-recognition timekeeping systems
• Collect employee health information
• Track employee locations via company vehicles or work devices
• Use security camera footage for purposes beyond physical security
• Share employee data with third-party service providers
• Transfer employee data to entities outside Vietnam

Article 25 of the PDPL further specifies that employers may only collect job-relevant personal data. Data collected from job applicants who are not hired must be deleted unless the applicant agrees otherwise.

Recording Work Conversations

An employee who secretly records a workplace conversation with a colleague or supervisor is in the same unsettled position as any other participant. Criminal liability under Article 159 requires a prior disciplinary or administrative sanction for the same act, but the recording may still be treated as an administrative violation, and it may breach Civil Code Article 38 and the PDPL. An employer who discovers a surreptitious employee recording may treat it as a disciplinary matter under the labor regulations.

Employers who record employee conversations through hidden microphones, phone monitoring, or similar tools without disclosing the practice face civil liability under Article 38 and administrative penalties under the PDPL.

CCTV and Video Surveillance

Vietnam has tightened regulations around surveillance cameras significantly since 2024. The national technical regulation QCVN 135:2024/BTTTT, issued by the Ministry of Information and Communications, established mandatory technical security standards for all IP cameras sold or used in Vietnam. Full compliance was required by January 1, 2026.

The regulation imposes 11 technical requirements covering:

• Secure password mechanisms and access controls
• Login attempt limits to prevent brute-force hacking
• Vulnerability management and secure software update processes
• Data transmission encryption
• Secure storage protocols

Businesses operating CCTV systems in Vietnam must comply with both these technical standards and the PDPL's consent and data processing requirements. Using surveillance footage for purposes beyond the originally stated reason (such as repurposing security footage for employee performance evaluation) requires separate, explicit consent.

Voyeurism and Hidden Cameras

Vietnam has seen growing public concern about hidden cameras (spy cameras) in hotels, changing rooms, and restrooms. The legal response draws on several overlapping provisions.

Installing a hidden camera or listening device in a private space (bedroom, bathroom, hotel room, changing room) can breach Civil Code Articles 32 and 38 and the Personal Data Protection Law. Secretly recording conversations there can fall under Penal Code Article 159 (a crime for a repeat offender, an administrative violation otherwise), and posting the footage online can fall under Article 288 when its thresholds are met.

Administratively, unlawfully listening to or recording conversations is fined VND 10 million to 20 million for an organization and half that for an individual under Decree 174/2026/ND-CP (Article 96(3)(q) read with Article 4(3)), in force since July 1, 2026. Decree 330/2026/ND-CP, in force since August 19, 2026, sets fines for personal data protection violations, including processing personal data without the data subject's consent.

Civil Code Article 32 (image rights) and Article 38 (private life) both provide separate avenues for civil damages claims by victims of voyeuristic recording.

Deepfake and AI-Generated Content

Vietnam enacted the Law on Artificial Intelligence (Law No. 134/2025/QH15) on December 10, 2025. The law took effect on March 1, 2026, making Vietnam one of the first countries in Southeast Asia to establish a comprehensive AI regulatory framework.

Prohibited AI Conduct and Risk Levels

Article 7 of the AI Law prohibits developing, supplying, deploying or using AI systems to:

• Use faked or simulated real people or events to deceive or manipulate people's perception or behavior deliberately and systematically, causing serious harm to their lawful rights and interests
• Exploit the vulnerabilities of groups such as children, the elderly and people with disabilities
• Create or spread fake content that could seriously endanger national security, public order or social safety

Article 9 classifies AI systems as high, medium or low risk.

Disclosure and Labeling Requirements

Providers and deployers of AI systems that generate audio, image, or video content must:

• Mark AI-generated audio, images and video in a machine-readable format (Article 11(2))
• Label audio, images and video that simulate a real person's appearance or voice, or recreate real events, so they can be told apart from real content (Article 11(4))
• Clearly notify users if AI-generated content poses a risk of confusion regarding the authenticity of real events or persons
• Disclose when a user is interacting with an automated AI system (rather than a human)

Implementation Timeline

The law took effect on March 1, 2026. AI systems already in operation before that date have 18 months to comply if they are in healthcare, education or finance, and 12 months otherwise (Article 35); systems launched after March 1, 2026 must comply from the start.

These provisions interact directly with recording law: using AI to synthesize a person's voice in a recording that is then presented as authentic, or creating a deepfake video to simulate events that did not occur, can breach the AI Law's labeling rules and, where it deliberately deceives people and causes serious harm, its Article 7 prohibition. It may also give rise to a defamation claim under Civil Code Article 34.

Cybersecurity Law Considerations

Vietnam's new Cybersecurity Law (Law No. 116/2025/QH15) was passed on December 10, 2025 and took effect on July 1, 2026, replacing the 2018 Cybersecurity Law (Law No. 24/2018/QH14).

2018 Law (In Force Until June 30, 2026)

Article 26 of the 2018 Cybersecurity Law required domestic and foreign enterprises providing telecommunications, internet and online value-added services in Vietnam that collect users' personal data, relationship data or user-generated data to store that data in Vietnam for a period set by the Government. They also had to keep system logs to support investigations, again for a period set by the Government.

New Cybersecurity Law (In Force Since July 1, 2026)

Law No. 116/2025/QH15 explicitly prohibits:

• Intentionally and unlawfully eavesdropping on, recording or filming conversations in cyberspace (Article 7)
• Illegal collection, use, dissemination, exchange, transfer, or trading of personal information and data
• Using new technologies to conduct prohibited activities in cyberspace

Like the 2018 law, it bans only unlawful recording of conversations. It also retains data localization requirements. Organizations providing communication services or platforms in Vietnam remain required to store specified categories of data within Vietnamese territory.

Cross-Border Considerations for Businesses

Foreign businesses that collect or process the personal data of Vietnamese individuals are subject to the 2025 PDPL regardless of where the business is physically located. The PDPL's territorial reach covers any entity that processes personal data of Vietnamese citizens, including multinational companies whose recording or data-collection activities affect Vietnamese users.

Cross-Border Data Transfer Requirements

Businesses transferring personal data out of Vietnam must:

• Conduct a Cross-Border Transfer Impact Assessment
• Submit a copy of that assessment to the Ministry of Public Security within 60 days of beginning the transfer
• Ensure the recipient jurisdiction or entity provides adequate data protection

For businesses that record communications involving Vietnamese users (such as call center recordings, video conference recordings, or AI-processed audio), those recordings constitute personal data under the PDPL. Transferring them to servers outside Vietnam requires the full cross-border transfer compliance process.

Penalty Exposure for Foreign Businesses

Cross-border personal data transfer violations under the PDPL carry fines of up to 5% of the entity's total revenue from the preceding financial year. This revenue-based penalty structure means that large multinational companies face substantially higher exposure than the VND 3 billion cap that applies to general data protection violations.

Recordings as Evidence in Vietnamese Courts

Vietnamese law allows audio and video recordings to be submitted as evidence, but admissibility depends on how they were obtained.

Legal Framework for Evidence

Article 94 of the Civil Procedure Code 2015 lists readable, audible and visible materials, and electronic data, among the sources of evidence. Article 95(2) says an audio or video recording counts as evidence only if it is submitted with a document about its origin from the person who made it, a certification from whoever supplied it, or a document about the recorded event.

Admissibility Requirements

In practice, practitioners advise that a recording should:

• Be clearly audible with identifiable speakers
• Be directly connected to the parties in the case
• Include time-stamping or other contextual indicators
• Be supported by corroborating evidence when possible
• Withstand technical verification if the opposing party challenges its authenticity

Participant Recordings and the Evidence Rules

Article 93 of the Civil Procedure Code requires evidence to be handed to the court or gathered under the Code's procedures, and Article 95(2) requires a recording to come with a document about its origin. The Code does not say that a participant's secret recording is automatically admissible or automatically excluded, and it does not settle whether making the recording was lawful.

A recording made by bugging someone's home or intercepting a call between other people is unlawful interception and can expose the person who made it to penalties.

Recordings work best as supporting evidence combined with documentary evidence and witness testimony, rather than as standalone proof.

Recording in Court Proceedings

Journalists and members of the public face restrictions on recording inside Vietnamese courtrooms. Under Ordinance No. 02/2022/UBTVQH15 on administrative penalties for obstructing procedural activities (Article 23(4)(c)), an individual can be fined VND 7 million to 15 million (approximately USD 270 to USD 575) for recording the trial panel without the presiding judge's consent, or recording people taking part in a civil or administrative trial without their consent, or for not following the presiding judge's directions on recording in a criminal trial. Organizations face double those amounts.

Business Compliance Checklist

Companies operating in Vietnam need to address recording and surveillance practices proactively. Under the 2025 PDPL and Decree 356/2025/ND-CP, organizations must:

• File a personal data processing impact assessment with the personal data protection authority within 60 days of first processing personal data, and update it when it changes (PDPL Articles 21 and 22)
• Appoint data protection personnel or engage an external data protection service provider (small businesses and startups may defer this and the impact assessments for five years under PDPL Article 38, unless they provide data processing services, directly process sensitive data or process data of a large number of people)
• Obtain specific, informed consent before recording phone calls, monitoring communications, or using surveillance equipment that captures personal data
• Provide opt-out mechanisms for tracking and data collection on digital platforms
• Notify the personal data protection authority within 72 hours of discovering a violation that may harm national defense, security or public order, or a person's life, health, honor, dignity or property (PDPL Article 23(1))
• Comply with data localization requirements under the Cybersecurity Law for communication data
• Delete job applicant data if the applicant is not hired, unless the applicant consents to retention
• Conduct a Cross-Border Transfer Impact Assessment and notify the Ministry of Public Security if transferring recorded personal data out of Vietnam
• Comply with AI Law transparency requirements (in force since March 1, 2026; systems already running before that date have 12 or 18 months under Article 35) if using AI for voice synthesis or image generation

Penalties Summary

Vietnam imposes penalties for illegal recording through multiple channels:

Frequently Asked Questions

Is Vietnam a one-party or all-party consent country for recording?

Neither, as a settled matter. The law bans listening to or recording another person's calls without that person's consent, and Penal Code Article 159 criminalizes unlawfully listening to or recording conversations for repeat offenders. Neither says whether a participant may record their own call or conversation without telling the others. Legal commentary is divided, Civil Code Article 38 requires consent to collect information about a person's private life, and the Personal Data Protection Law applies to individuals with no general personal-use exemption. The safest course is to ask for consent. A recording made to prove your own rights is the most defensible, and sharing or publishing a recording is the riskiest step.

Can I use a secret participant recording as evidence in a Vietnamese court?

Possibly. The Civil Procedure Code 2015 lists audible and visible materials among the sources of evidence (Article 94), and Article 95(2) requires a recording to be submitted with a document about its origin, such as a statement from the person who made it. The Code does not say whether a secret participant recording is admissible, so courts decide case by case, and making the recording may itself carry legal risk. The recording should be authentic, unedited, and clearly audible, and it works best as supporting evidence alongside documentary evidence and witness testimony.

Is it illegal to record traffic police in Vietnam?

Not explicitly. Circular 46/2024/TT-BCA, in force since November 15, 2024, removed recording from the list of ways the public may monitor traffic police, but as summarized by the Government e-newspaper it does not state an outright ban on recording. Monitoring must not interfere with officers' work, people may not enter the enforcement area unless they are directly involved, and other laws still apply, including Civil Code image rights and the Personal Data Protection Law if footage is posted. No court decision we found settles the position.

What does Vietnam's 2025 Personal Data Protection Law change about recording rules?

The Personal Data Protection Law (Law No. 91/2025/QH15), effective January 1, 2026, substantially strengthened Vietnam's recording regulations for organizations. It requires specific, informed, and voluntary consent before any personal data processing, including voice and video recording. Article 29 specifically prohibits social media and online communication platforms from eavesdropping, wiretapping, or recording calls without user consent. Administrative fines for organizations can reach VND 3 billion (approximately USD 115,000), and cross-border data transfer violations can trigger penalties of up to 5% of annual revenue. Decree 356/2025/ND-CP, in force since January 1, 2026, provides implementing details, and Decree 330/2026/ND-CP, in force since August 19, 2026, sets the fines for specific violations.

Can my employer record me at work in Vietnam?

Vietnamese employers may install security cameras in common areas and monitor company-owned computer usage with appropriate notice. Under the 2025 PDPL, technical monitoring of employees is allowed only where it complies with the law and employees clearly know about it (Article 25(3)), and employers generally need employees' consent, or another legal basis, before using biometric timekeeping systems, tracking locations, collecting health data, or using surveillance footage for purposes beyond physical security. Secretly recording employee conversations through hidden microphones or unauthorized phone monitoring exposes employers to civil liability under Civil Code Article 38, administrative penalties, and, if the recordings are published online and the statute's thresholds are met, potentially criminal liability under Penal Code Article 288.

Are deepfakes illegal in Vietnam?

Some are. The AI Law (Law No. 134/2025/QH15, in force since March 1, 2026) prohibits using AI to fake or simulate real people or events in order to deceive or manipulate people deliberately and systematically in a way that seriously harms their rights, and prohibits creating or spreading fake content that could seriously endanger national security or public order (Article 7). Providers must mark AI-generated audio, images and video in a machine-readable format, and content that simulates a real person's appearance or voice must carry a label (Article 11). Using AI to fake a person's voice in a way that harms their reputation can also bring civil liability under Civil Code Article 34.

Are there different rules for recording in public places versus private settings in Vietnam?

Yes. Vietnamese law distinguishes between private communications and activities in public view. Recording in a public space where people have a reduced expectation of privacy carries less legal risk than recording a private conversation. Security cameras in businesses and public areas are regulated primarily through technical standards under national technical regulation QCVN 135:2024/BTTTT rather than outright prohibition. However, deliberately targeting an individual in a public place to capture their private conversation or personal data without consent can still trigger liability under the Civil Code and the Personal Data Protection Law. Circular 46/2024/TT-BCA also bars people monitoring traffic police from entering the area where officers are working unless they are directly involved.

Does Vietnam's recording law apply to foreign companies operating there?

Yes. The 2025 PDPL (Law No. 91/2025/QH15) applies to any organization that processes the personal data of Vietnamese individuals, regardless of where the organization is located. Foreign companies that record calls with Vietnamese customers, process Vietnamese user data on communication platforms, or use AI tools that capture the biometric data of Vietnamese individuals are subject to the PDPL. Cross-border transfers of personal data (including recorded communications) require a Cross-Border Transfer Impact Assessment filed with the Ministry of Public Security within 60 days of beginning the transfer.