Yes, one-party consent recording is legal in Vietnam under strict conditions, but only for personal use and with no expectation of privacy violation. The 2026 amendments to the Law on Cybersecurity and Civil Code reinforce this, requiring recordings to avoid harming national security or public order. Unauthorized dissemination of such recordings constitutes a criminal offense under Article 173 of the Penal Code.
Key Regulations for One-Party Consent Recording in Vietnam
- Personal Use Exception: Recordings are permitted if made by one party without consent, provided they are for private purposes and do not infringe upon others’ rights under Decree 52/2022/ND-CP on e-commerce and digital data.
- Privacy and Public Order: The Ministry of Public Security (MPS) enforces restrictions under Article 21 of the 2015 Civil Code, prohibiting recordings in private spaces (e.g., bathrooms, bedrooms) where individuals have a reasonable expectation of privacy.
- Criminal Liability for Misuse: Distributing or leaking recordings without consent may trigger Article 173 of the 2015 Penal Code, punishable by fines or imprisonment if deemed to violate honor, dignity, or national security.
Violations are adjudicated by provincial courts, with MPS cybersecurity units monitoring digital dissemination. Foreign entities must comply with Vietnam’s 2026 Cybersecurity Law, which mandates data localization and cross-border transfer restrictions for recorded content.