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Businesses must delete employees' personal data when terminating contracts.

According to the Law on Personal Data Protection, enterprises must delete and destroy employees' personal data upon termination of the contract, except in cases where otherwise agreed or provided by law.

Báo Lào CaiBáo Lào Cai29/07/2025

At the 9th Session, the National Assembly officially passed the Law on Personal Data Protection (Law No. 91/2025/QH15). The Law will take effect from January 1, 2026.

This law has some notable provisions such as strictly prohibiting the buying and selling of personal data; businesses must delete employees' personal data after terminating the contract; social networks are not allowed to request images or videos containing identity documents as authentication factors...

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The Law on Personal Data Protection stipulates the responsibility of agencies, organizations and individuals to protect personal data in the management and use of employees.

Specifically: Only information that serves the recruitment purpose of the recruiting agency, organization or individual may be requested in accordance with the provisions of law; the information provided may only be used for recruitment purposes and other purposes as agreed in accordance with the provisions of law.

The information provided must be processed in accordance with the law and must have the consent of the applicant. In addition, the information provided by the applicant must be deleted or destroyed in the event of non-recruitment, unless otherwise agreed with the applicant.

The responsibility to protect personal data of agencies, organizations and individuals in the management and use of employees is stipulated as follows:

Comply with the provisions of this Law, laws on labor, employment, laws on data and other relevant legal provisions.

Employees' personal data must be stored for the period prescribed by law or by agreement.

Employee's personal data must be deleted or destroyed upon termination of the contract, unless otherwise agreed or provided by law.

The processing of personal data of employees collected by technological and technical measures in employee management must only apply technological and technical measures in accordance with the provisions of law and ensure the rights and interests of the personal data subject, on the basis that the employee clearly knows about such measures. Personal data collected by technological and technical measures must not be processed or used in violation of the provisions of law.

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Source: https://baolaocai.vn/doanh-nghiep-phai-xoa-du-lieu-ca-nhan-nguoi-lao-dong-khi-cham-dut-hop-dong-post650000.html


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