In Vietnam, a person's image is legally protected, and for children under 15 the consent of a parent or guardian is needed before their image is used; personal data rules, including a dedicated law on personal data protection that took effect in 2026, add further duties for organisations such as schools. In practice, a preschool should tell you which photos it takes, who sees them and whether any are used publicly, and should let you decide on uses beyond your own family.
Photos are part of daily life at most preschools in Ho Chi Minh City. Teachers share them through parent apps, schools use them in brochures and on social media, and other parents take them at birthday parties and celebrations. For international families, the question is often less about the law than about practice: how to set your preferences, what to ask the school, and how to handle class photos that include other people's children. This guide covers all three, with a summary of the legal framework that is worth checking against current official texts.
The legal framework, in outline
Vietnam's Civil Code of 2015 recognises an individual's right to their own image. Article 32 provides that using a person's image requires their consent and that, for a minor under fifteen, the consent of the parent or legal representative is required, with limited exceptions such as images taken at public events where the use does not harm the person's dignity. Vietnam's Law on Children of 2016 also recognises children's right to privacy.
Data protection rules sit alongside these. Decree 13/2023/ND-CP on personal data protection, in force from July 2023, set out consent requirements and duties for organisations processing personal data, with specific provisions for children's data. A Law on Personal Data Protection, passed by the National Assembly in 2025, took effect from 1 January 2026 and builds on that framework. Photos of identifiable people can fall within the scope of personal data.
This is a simplified outline, not legal advice, and the detail matters: implementing regulations and official guidance continue to develop. If you have a serious dispute about the use of your child's image, consult a lawyer familiar with Vietnamese law. For most families, though, the practical point is clear enough: a school needs your informed agreement for uses of your child's photo beyond the ordinary running of the school, and it is entirely reasonable to ask how it handles this.
Different uses of photos, and what to ask about each
A single photo can travel to very different places. Breaking photo use into categories makes the conversation with the school more precise.
| Use | Who usually sees it | Questions worth asking |
|---|---|---|
| Photos to your family through the parent app | You and others with access to your child's account | Are photos sent to each family individually or shared with the whole class? |
| Class or group photos shared with all class parents | All families in the class | Can I opt out, or ask for my child not to be identifiable? |
| Internal records and learning portfolios | Teachers and school staff | Who has access, how long are they kept, are they deleted when we leave? |
| School social media, website and brochures | The public | Is this a separate consent, and can I agree to the app but refuse public use? |
| Photos by other parents at events | Whoever those parents share with | Does the school have rules for parents taking photos at events? |
| Photographers and media visits | Depends on the publication | Will the school tell parents beforehand and ask for consent? |
The most important distinction is between photos that stay within the school community and photos that go public. Many families are comfortable with the first and not the second, and a good consent form treats them separately rather than bundling everything into one tick box.
Setting your preferences at enrolment
The easiest time to set boundaries is before the first photo is taken.
- Ask for the school's photo or media policy, and read the relevant clause of the enrolment agreement. Some agreements include a general consent to photography that you may want to clarify.
- Decide what you are comfortable with for each use in the table above. It is fine to agree to some uses and not others.
- Put your preferences in writing, either on the school's consent form or in a short message to the office, so that they are on file.
- Ask how your preference is passed to teachers, including substitute staff, and how they will recognise your child in a group photo situation.
- Check after a few weeks: look at what appears in the app and, if relevant, on the school's public pages, to make sure your choices are respected.
- Review your preferences once a year, or when your circumstances change, for instance if there is a custody issue or a reason your child's location should not be public.
Families with a particular reason for privacy, such as a protection order, a sensitive custody situation or a parent in a public role, should explain this to the campus manager directly rather than relying on a form. Schools can take extra care when they understand why it matters.
Why some families are more cautious than others
Attitudes to children's photos vary widely between countries and families. In many Vietnamese families, sharing photos of children with relatives and friends is warm and ordinary, and schools posting cheerful pictures online is seen as a sign that the school is open and proud of its children. In some European families, particularly those shaped by strict data protection norms, the instinct runs the other way. Neither view is wrong, and a mixed international class will contain both.
There are practical reasons for caution with public posting. Photos that show a child's face together with a school name, uniform or recognisable location reveal where that child can be found on weekdays. Images posted publicly are easily copied and can remain online indefinitely, long after a child has grown up and might have preferred they were not there. Researchers and child-protection organisations have raised these concerns under the heading of "sharenting", the sharing of children's lives online by the adults around them.
None of this means that every photo is risky. It means it is worth making a deliberate choice rather than a default one, and accepting that other families may choose differently. A school that serves international families should be able to accommodate both preferences without making either feel awkward, and without asking families to justify the choice they make.
Class photos and other people's children
Treat class photos as shared, not yours alone. When the school sends a photo of a group activity, it often includes several children. Forwarding it to grandparents is usually within the spirit of sharing; posting it on public social media is not, because other families have not agreed. If you want to share publicly, crop to your own child or ask the other parents.
Ask before photographing other children at events. At class celebrations and birthday parties, many parents take photos. A short question to the other parents, or a general agreement at the start of the event, avoids misunderstandings.
Respect families who opt out. If a school tells you that some children should not appear in shared photos, the reason is usually not something you need to know. Take care not to post images in which those children are visible.
Be careful with class group chats. Photos shared in parent chat groups can travel further than anyone expects. Treat them as semi-public and avoid posting images that show other children in vulnerable moments, such as crying, being changed or asleep.
Teach the principle early. Even preschoolers can learn that we ask before taking someone's photo. It is a small habit that respects their own developing sense of privacy, too.
Your own posts about school life
Parents are often the main source of children's images online, and school life generates many photos. A few habits keep your own sharing in line with what you ask of the school.
- Check the background. A photo at the school gate can show the school's name, the street and the uniform in a single frame. Cropping or choosing a different angle removes that information without losing the moment.
- Post later rather than live. Sharing photos of an outing after the event, rather than while you are there, avoids announcing where your child is in real time.
- Use private sharing for family. Shared albums or closed family groups reach the relatives who want to see your child without making the images public.
- Avoid vulnerable moments. Bath time, tears at drop-off, nappy changes and illness are moments many adults would not want online about themselves, and children deserve the same consideration.
- Think about the future reader. A useful test is whether your child, at fifteen, would be comfortable finding the photo. If the answer is unclear, keep it in the family album.
- Ask older preschoolers. Four- and five-year-olds can answer "Shall we send this photo to Grandma?" and get used to the idea that their image belongs partly to them.
These habits are not rules, and every family will draw its own lines. The point is consistency: it is easier to ask a school or other parents to respect your preferences when your own sharing reflects them.
When something has gone wrong
If you find a photo of your child used in a way you did not agree to, such as on the school's public social media after you declined public use, raise it promptly with the campus office in writing and ask for it to be removed. Most cases are mistakes, for example a new staff member who did not know your preference, and a well-run school will remove the image quickly and check its process.
If an image appears somewhere outside the school, such as on another parent's public account, a polite private message asking for it to be taken down usually works. If it does not, or if an image is being used in a way that is harmful, the school may be able to help mediate, and platforms have reporting processes for images of minors.
You can also change your mind without anything having gone wrong. Vietnamese data protection rules recognise that a person who has given consent may withdraw it, although withdrawal does not undo uses that were lawful at the time, such as a brochure already printed. If you decide you no longer want your child's photo used publicly, tell the school in writing, ask it to stop future use and to remove images it controls online, and accept that copies already distributed may take longer to disappear or may not be recoverable at all.
For more serious cases, such as images used commercially without consent or shared in a way that exposes a child to risk, the protections of the Civil Code and personal data rules may apply, and legal advice is the next step. Keep records: screenshots with dates, the original consent form, and any correspondence with the school. These are what an adviser will ask for first.
Câu hỏi thường gặp
Can a Vietnamese preschool post my child's photo on social media without asking?
Under the Civil Code, using the image of a child under fifteen generally requires the consent of a parent or legal representative, and data protection rules add further consent duties. In practice, ask the school about its policy and record your preference in writing. If a photo is posted against your wishes, ask in writing for its removal.
Is it reasonable to refuse all photos of my child at school?
You can ask, but refusing all photos, including private ones sent only to you, may mean you receive fewer updates about your child's day. A common middle ground is accepting photos shared privately with your family while declining class-wide sharing and public use. Discuss the options with the school.
Do European data protection rules apply to a school in Vietnam?
Generally, a school operating in Vietnam is governed by Vietnamese law, not by the European General Data Protection Regulation, unless specific circumstances bring it within scope. Vietnamese rules on images and personal data do apply, and you can ask the school to respect preferences shaped by the norms you are used to.
What happens to my child's photos when we leave the school?
Ask the school how long it keeps photos and records and whether it deletes them when a child leaves. Photos that already appear on public pages may stay unless you ask for removal. Before leaving, save any photos you want to keep from the parent app, since access often ends with enrolment.
Should grandparents be allowed to share school photos online?
That is a family decision for photos of your own child, but class photos containing other children should not be posted publicly without those families' agreement. It helps to explain the school's rules to relatives abroad, who may not realise that a group photo includes children whose parents have opted out.
Can a school use CCTV in classrooms?
Some schools in Vietnam use cameras in classrooms, and some offer parents viewing access. Camera footage is a form of personal data, so ask how it is stored, who can see it and for how long it is kept. A clear policy on access and retention is a good sign of careful data handling.