Legal review: 15 October 2026 · Đọc tiếng Việt
Having an employee’s or influencer’s video does not necessarily give a business permission to turn that person into an AI avatar. Synthetic media can create statements, expressions and situations the individual never performed. The permitted scope should be checked before uploading recordings to a platform.
Filming permission and digital replica permission
An agreement to publish a corporate video may cover only that recording, campaign and period. Creating an avatar may additionally involve facial extraction, voice synthesis, new scripts, translated speech and access for distributors.
Article 32 of the Civil Code 2015 protects an individual’s image and establishes consent and commercial remuneration principles, unless otherwise agreed. Its exceptions depend on the actual circumstances. Finding a photograph online or footage on a public account is not automatic authority to clone the individual for advertising.
Review three layers of rights
| Layer | Questions | Documents to examine |
|---|---|---|
| The individual | Permitted image, voice and identity uses; purposes and content restrictions | Individual permission and any representative’s authority |
| Recording and content | Producer, performer and other relevant rights, where applicable | Production contracts, delivery records and licences |
| Personal data | Basis for collection, analysis, modelling, retention and transfer | Processing notices, consent evidence where relevant and processing agreements |
A signature consenting to filming may not address all three layers. Ownership of a video file does not mean ownership of the subject’s identity or every personal right.
Employee avatars: distinguish employment purposes
Recruitment and personnel records are collected for particular purposes. A business should not assume it can repurpose a staff photograph into a synthetic advertising presenter. Where processing relies on consent, Article 9 of the Personal Data Protection Law requires voluntary, informed and purpose-specific consent; silence does not constitute consent.
Explain the input data, intended statements, public or internal audience, receiving platforms and duration. Provide a contact for employee requests and address role changes or departure. An administrative form should not obscure an open-ended permission the individual does not understand.
Influencers and brand representatives: control new statements
Define product categories, competing products, script approval, voice modifications and translation. If a manager signs, verify their authority and its limits. Permission to promote one product should not be assumed to authorise statements about another.
For example, an avatar licensed to introduce internal software should not automatically become a source of testimonials for a health product. Review the permissions, truthfulness of the statement and applicable advertising rules before changing the use.
Withdrawal requests and termination
Withdrawal of consent to personal data processing and termination of contractual exploitation rights are related but distinct issues. Examine the processing basis, request, statutory duties and surviving contractual terms. Avoid promising that all previously published content will disappear immediately.
Maintain a publication inventory, authorised-account list and a process for asking the provider to suspend generation and handle source data and backups. Preserve evidence of use outside the agreed scope and assess appropriate remedies. Article 32 provides a basis for seeking court-ordered measures against unlawful image use.
A practical document checklist
- The proposed source recordings and the contracts under which they were made.
- The intended avatar, purposes, channels, languages, term and authorised operators.
- Individual permissions, processing information and content approval rules.
- Platform terms, exit arrangements and the process for individual requests.
KM UNION can review the chain of permissions, prepare or revise agreements and help HR, marketing, legal and technical teams establish workable approval and exit procedures. The appropriate scope depends on the actual project and documents.
Legal sources
- Civil Code 91/2015/QH13 — Article 32
- Personal Data Protection Law 91/2025/QH15
- Decree 356/2025/ND-CP
- AI Law 134/2025/QH15 — Articles 11, 35
- Decree 142/2026/ND-CP — Articles 16–19
Reviewed on 15 October 2026. This article provides general information and does not replace advice for a particular person, contract or project. Check the actual documents, applicable dates and transitional rules. English explanations are for reference; the authoritative Vietnamese legal texts apply. Contact KM UNION to agree a formal advisory scope.
Related articles
- Real-Person AI Avatar Contracts in Vietnam: Six Key Issues
- AI Avatars and Personal Data in Vietnam: Before You Upload
- AI Avatar Provider Contracts: Approval, Labels and Exit in Vietnam
Contact KM UNION: legal@kmunion.vn · 0932 124 427.
