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Collecting Candidate Information: Are Employers Stepping on Legal "Landmines"?
Seemingly normal interview questions about marital status, health history, or family information can actually push businesses into extremely serious legal trouble. Collecting candidate data improperly poses major risks that employers often inadvertently overlook.
Classifying Candidate Personal Data According to the Law Under the provisions of the Personal Data Protection Law No. 91/2025/QH15 and Decree 356/2025/ND-CP, candidate information is strictly classified into two main groups:
Basic personal data: Includes common information such as full name, date of birth, gender, nationality, phone number, marital status, family relationships, address, personal images, and digital account information.
Sensitive personal data: This group is closely tied to core privacy rights, including health status, medical history, private life, personal/family secrets, biometric data, political/religious views, and financial data.
The Fragile Boundary Between Competency Assessment and Privacy Violation Using the excuse of "recruitment purposes" does not give businesses the right to freely collect any information. Even if information falls under basic data, it doesn't mean it can be freely collected. According to Article 25 of the Personal Data Protection Law No. 91/2025/QH15, businesses may only request information suitable for recruitment purposes and must have the candidate's clear consent.
Crucially, if a candidate is not hired, the business must delete or destroy the provided information (unless otherwise agreed). Carelessly asking candidates to fill out all information on interview forms, storing CVs unsafely, or lacking a process to delete data for candidates who fail can expose businesses to major legal risks.
HR Process Standardization Solutions with GIVLAW A loose HR process can cost your business both money and brand reputation. Protecting personal data must start from the smallest actions in recruitment.
Let GIVLAW's team of Lawyers establish a safe protective shield for your business. We provide support for:
Reviewing interview forms and candidate information collection templates.
Advising on the classification of basic and sensitive personal data in the recruitment process.
Advising on legal requirements for collecting, using, and processing candidate personal data.
GIVLAW Contact Information - Building a solid legal foundation:
HCMC Office: 25A1 Nguyen U Di St., An Khanh Ward, Thu Duc City, HCMC, Vietnam
Hotline: 0973 544 888 - 0836 858 888
Website: givlaw.vn
