What to Note for recruitment compliance vietnam 2026?

From January 1, 2026, when the 2025 Law on Personal Data Protection officially comes into effect, the recruitment, management, and employment of employees in businesses will enter a new legal phase with stricter requirements for the collection, processing, storage, and protection of personal data.

In reality, recruitment is one of the activities that generates a large amount of personal data, including identifying information, contact information, educational qualifications, work experience, and even sensitive data in some cases. If not strictly controlled, these activities pose significant risks of legal violations and liability for businesses.

So, what legal issues should businesses be aware of legal hiring requirements vietnam from January 1, 2026? This article will analyze in detail the key provisions of the 2025 Personal Data Protection Law, from a practical perspective applicable to businesses.

1. What legal regulations govern employee recruitment from January 1, 2026?

From January 1, 2026, recruitment and employee management activities will not only be governed by the Labor Code but also by:

• The Personal Data Protection Law 2025;
• Labor and employment laws;
• Relevant legal regulations concerning information security, cybersecurity, and data.

This means that, in the same recruitment activity, businesses must simultaneously comply with multiple groups of legal obligations, with the obligation to protect personal data playing a central role.
 

Compliant recruitment process for FDI companies

2. Protecting Personal Data in Employee Recruitment from January 1, 2026

2.1. How is the personal data of job applicants protected by law?

According to the 2025 Personal Data Protection Law, any information associated with or that can identify a specific individual is considered personal data and is protected by law, regardless of whether that person is already an employee or just a candidate.

Therefore, from the moment a candidate submits their application, the business incurs a legal obligation as the party processing personal data.

2.2. Responsibilities of businesses when collecting personal data in recruitment

Based on Article 25 of the 2025 Personal Data Protection Law, businesses recruiting employees from January 1, 2026, must comply with the following principles:

(i) Information may only be requested for recruitment purposes

Businesses may only request applicants to provide necessary information that is relevant to the requirements of the recruitment position and the provisions of the recruitment compliance vietnam 2026

Requesting information that exceeds recruitment needs, is not directly related to the job, or infringes on the candidate's privacy may be considered a violation of personal data protection regulations.

(ii) The purpose of using data must be clear and legal.

Information collected from applicants:

• May only be used for recruitment purposes;
• May only be used for other purposes if there is a legal agreement with the applicant.

This requires businesses to be transparent about the purpose of data processing from the outset, instead of collecting information for general or unspecified purposes.

(iii) Consent of the applicant is required.

The processing of a candidate's personal data must have the applicant's consent, except in cases where the law stipulates otherwise.

This consent should not be merely formal but must be clearly and specifically stated, linked to the scope and purpose of data processing.

2.3. Handling Personal Data of Unsuccessful Candidates

A new and very important point of the 2025 Law on Personal Data Protection is the regulation on deleting and destroying the personal data of job applicants. Specifically:
In the event of non-recruitment, the enterprise must delete or destroy the personal data of the applicant;
Unless the enterprise and the applicant have a different agreement.
This regulation forces enterprises to change their habit of storing applicant records for a long period without a clear legal basis.

3. Protecting Personal Data in Employee Management and Employment

3.1. Obligations to Comply with the Law in Employee Data Management

Once an employee has been hired, the enterprise continues to incur legal obligations throughout the process of managing and employing the employee.

According to Article 25 of the 2025 Law on Personal Data Protection, enterprises must:

• Comply with the Law on Personal Data Protection;
• Simultaneously comply with labor laws, compliant recruitment process for FDI companies, and other relevant legal regulations.
• This means that all activities related to personnel records, evaluations, rewards, disciplinary actions, contract termination, etc., must be carried out within the framework of the law on personal data protection.

3.3. Handling Personal Data Upon Termination of Employment Contracts

When an employment contract is terminated:
The employee's personal data must be deleted or destroyed;
Unless otherwise agreed or mandated by law, data must continue to be stored.

This is a legally binding obligation to limit the risk of leakage and misuse of employees' personal data after the employment relationship has ended.
 

Recruitment compliance vietnam 2026

>>>Read more: Definition and importance of FDI in vietnam -Business setup support vietnam service

4. Application of Technology in Labor Management and Personal Data Protection

4.1. Conditions for Applying Technological Measures in Labor Management

The law allows businesses to apply technological and technical measures in labor management, but with strict conditions:

• Technological measures must comply with legal regulations;
• They must ensure the legitimate rights and interests of employees;
• Employees must be fully aware of the application of these measures.

This is especially important in the context of businesses increasingly using human resource management software, biometric timekeeping systems, AI recruitment, etc.

4.2. Prohibition of Processing Personal Data Collected Illegally

The labor law impact on recruitment strictly prohibits: Processing or using personal data collected through technological or technical means contrary to legal regulations.

Therefore, if the initial data collection was illegal, any subsequent processing activities carry the risk of violating the recruitment documentation compliance.

5. Application of the Law on Personal Data Protection in Recruitment from January 1, 2026

Based on Article 5 of the Law on Personal Data Protection 2025, the application of the law is determined as follows:

Activities related to the protection of personal data within the territory of Vietnam shall be carried out in accordance with this Law and relevant legal regulations.

• If a previously enacted law contains specific provisions that do not contradict the principles of personal data protection, it shall continue to apply.
• If a later enacted law contains different provisions, the content of its application must be clearly defined.

Businesses that have already conducted an impact assessment of personal data processing are not required to conduct risk assessments under recruitment audit risk vietnam. This shows that the 2025 Personal Data Protection Law plays a foundational role in this field.

Recruiting employees from January 1, 2026, is no longer purely a human resources activity but has become a matter of legal compliance regarding personal data protection. The more proactively businesses prepare, the more they minimize legal risks and build a transparent and sustainable human resource management foundation.

In summary, what should businesses consider when recruiting employees from January 1, 2026? This is a question that cannot be taken lightly, especially in the context of increasingly comprehensive laws and the strong development of technology. Contact Faro Vietnam if business needs help not only with legal compliance but also in building a quality workforce, contributing to the long-term success of the business.
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