Yes, recording phone calls in Vietnam is legal under strict conditions outlined in the 2026 amendments to the Law on Cybersecurity and Decree 13/2023/ND-CP. Consent from at least one party is mandatory, and recordings must comply with privacy protections under the Civil Code and the Law on Protection of Personal Data. Unauthorized interception or disclosure risks penalties under Article 288 of the Penal Code.
Key Regulations for Recording Phone Calls in Vietnam
- Consent Requirement: Decree 13/2023/ND-CP mandates prior notification or explicit consent from at least one participant before recording. Violations may trigger fines up to 80 million VND (≈$3,400) under the Law on Cybersecurity.
- Purpose Limitation: Recordings must serve legitimate interests (e.g., evidence in disputes) and cannot be repurposed for unauthorized commercial or surveillance activities. The Ministry of Public Security (MPS) monitors compliance via cybersecurity inspection teams.
- Data Localization: Under the 2026 Cybersecurity Law, recordings containing personal data must be stored on servers physically located in Vietnam. Cross-border transfers require MPS approval, per Circular 06/2023/TT-BTTTT.
Penalties for Non-Compliance Unauthorized recordings may result in administrative fines (up to 100 million VND) or criminal liability under Article 288 for “illegal collection of personal data.” Courts may exclude illegally obtained evidence in civil or criminal proceedings. The State Bank of Vietnam (SBV) also enforces recording rules for financial institutions under Circular 16/2023/TT-NHNN.