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Vietnam - Employee Monitoring

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Vietnam - Employee Monitoring

1. Governing Texts

1.1. Legislation relevant to employee monitoring
1.2. Sector-specific legislation relevant to employee monitoring
1.3. Guidelines from supervisory authorities
1.4. Notable decisions, i.e. case law or decisions from supervisory authorities

2. Telephone

2.1. What are the rules for recording telephone conversations?
2.2. For which purposes may an employer carry out this type of monitoring?
2.3. Is prior notification/approval with the data protection authority required?
2.4. Is prior notification/approval/consultation from works' councils required?
2.5. Is consent required from employees? If so, how should consent be sought?
2.6. Is consent required from other parties to the call? If so, how should consent be sought?
2.7. Is there a legal requirement for employers to have a written policy in place governing telephone monitoring?
2.8. Are there any exemptions to the legal requirements which govern this type of monitoring?
2.9. What are the retention requirements applicable to data collected through telephone monitoring?

3. CCTV

3.1. What are the rules for CCTV surveillance?
3.2. For which purposes may an employer carry out this type of monitoring?
3.3. Is prior notification/approval with the data protection authority required?
3.4. Is prior notification/approval/consultation from works' councils required?
3.5. Is consent required from employees? If so, how should consent be sought?
3.6. Is there a legal requirement for employers to have a written policy in place governing CCTV surveillance?
3.7. Are there any exemptions?
3.8. What are the retention requirements applicable to data collected through CCTV surveillance?

4. Email

4.1. What are the rules regarding monitoring of employees' emails?
4.2. For which purposes may an employer carry out this type of monitoring?
4.3. Is prior notification/approval with the data protection authority required?
4.4. Is notification/approval/consultation with works' council required?
4.5. Is consent required from employees? If so, how should consent be sought?
4.6. Is there a legal requirement for employers to have a written policy in place governing email monitoring?
4.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
4.8. What are the retention requirements applicable to data collected through email monitoring?

5. Biometrics

5.1. What are the rules regarding biometric monitoring?
5.2. For which purposes may an employer carry out this type of monitoring?
5.3. Is prior notification/approval with the data protection authority required?
5.4. Is notification/approval/consultation with works' council required?
5.5. Is consent required from employees? If so, how should consent be sought?
5.6. Is there a legal requirement for employers to have a written policy in place governing biometric monitoring?
5.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
5.8. What are the retention requirements applicable to data collected for biometric monitoring?

6. Device Monitoring

6.1. What are the rules regarding company-owned device monitoring?
6.2. For which purposes may an employer carry out this type of monitoring?
6.3. Is prior notification/approval with the data protection authority required?
6.4. Is notification/approval/consultation with works' council required?
6.5. Is consent required from employees? If so, how should consent be sought?
6.6. Is there a legal requirement for employers to have a written policy in place governing company-owned device monitoring?
6.7. Are there any exemptions to the legal requirements which govern this type of monitoring?
6.8. What are the retention requirements applicable to data collected from the company-owned devices?

7. Covert Surveillance

8. Employees' Access Rights

9. Penalties

October 2023

1. Governing Texts

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About the authors

Nguyen Huu Hoai

Russin & Vecchi

Nguyen Huu Hoai is a Partner at Russin & Vecchi, specialising in Corporate, Foreign Investment and M&A with particular emphasis on infrastructure and taxation. He has worked on M&A transactions and on several cross-border transactions involving project finance, energy, and infrastructure.

[email protected]

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Vietnam - Employee Monitoring

Table of Contents

October 2023

1. Governing Texts

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Vietnam - Employee Monitoring

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October 2023

1. Governing Texts

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