Yes, two-party consent recording is legal in Vietnam, but only under strict conditions outlined by Vietnamese law and recent regulatory updates.
Under Vietnam’s Penal Code (2015, amended 2026) and the Law on Cybersecurity (2018, effective 2026), recording conversations without the consent of all parties is prohibited unless one party is aware and approves. The Ministry of Public Security (MPS) enforces these rules, requiring explicit consent for recordings used in legal proceedings or public dissemination. Violations may result in fines up to VND 50 million (≈USD 2,100) or criminal charges under Article 226 (violating privacy rights).
Key Regulations for Two-Party Consent Recording in Vietnam
- Consent Requirement: All parties must be informed and agree to the recording, per Article 38 of the Civil Code (2015) and MPS Circular 06/2023 on electronic evidence.
- Purpose Limitation: Recordings are only lawful if used for legitimate purposes (e.g., evidence in court) and not for harassment or blackmail, as per the Cybersecurity Law’s 2026 amendments.
- Data Localization: Recorded content must be stored in Vietnam if processed by foreign entities, per Decree 53/2022, requiring MPS-approved servers for compliance.