Thông tư 10/2013/TT-BCA

CIRCULAR

DETAILING IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 90/2010/ND-CP DATED 18/8/2010, PROVIDING THE NATIONAL POPULATION DATABASE

Pursuant to the Government’s Decree No. 77/2009/ND-CP dated September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Government s Decree No. 90/2010/ND-CP dated August 18, 2010, defining the national population database (hereinafter referred to as Decree No. 90/2010/ND-CP);

At the proposal of the General Director of the General Police Department for Administrative Management of Social Order and Safety;

The Minister of Public Security promulgates the Circular detailing implementation of a number of articles of the Government’s Decree No. 90/2010/ND-CP dated August 18, 2010, providing on the national population database.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular specifies the collection, update, exploitation and management of citizens’ information in the national population database.

Article 2. Subjects of application

This Circular is applicable to:

1. Agencies managing and operating the national population database;

2. Public security agencies of units and localities;

3. Agencies, organizations and individuals related to building, collecting, updating, managing and exploiting the national population database.

Chapter 2.

COLLECTION, UPDATE, EXPLOITATION AND MANAGEMENT OF CITIZENS’ INFORMATION IN THE NATIONAL POPULATION DATABASE

Article 3. Update of information regarding citizens’ places of residence and identity cards in the national population database

1. Databases of citizens’ identity cards and places of residence under the national population database managed by the Ministry of Public Security are computerized and updated regularly as prescribed by law.

2. The national population database contains information regarding a citizen’s place of residence and identity card as follows: Portrait (it is not required to collect portrait for under-14 persons); full name; date of birth; identity card number, date and place of issue; gender; place of birth; place of origin; ethnic group; religion; nationality; passport number, date of issue, issuing agency; educational level; professional qualifications and technical skills; occupation, place of work; marital status; permanent place; current residing place; full names and nationalities of parents and spouse; full names of householders, relationship with householders, the number of the household registration book.

Article 4. Collection and update of citizens’ information from the passport database into the national population database

1. Citizens’ information from the passport database that are collected and updated into the national population database includes passport number, date of issue and issuing agency.

2. Information specified in Clause 1 of this Article will be collected according to the forms used for passport issuance or from the passport electronic database.

3. Units issuing passports and managing the passport database shall provide information to divisions collecting and updating citizens’ information into the national population database.

Article 5. Collection and update of citizens’ information provided by agencies, organizations or citizens

1. Citizens’ information such as personal tax code, health insurance card, educational level, professional qualifications and technical skills, occupation, place of work and marital status provided by agencies and organizations may be collected for and updated in the national population database on the basis of linking and sharing data from the database systems of the agencies and organizations and the National Population Database Center.

2. Citizens have the right and duty to provide and supplement their personal information for the update into the national population database as prescribed by law.

3. Householders shall provide and supplement information of other members in household so as to update into the national population database as prescribed by law.

4. When citizens providing their personal information and information of other members in household so as to update into the national population database, they must present legally valid papers as a ground for updating and revising such information.

5. The collection of information provided by citizens shall be implemented according to the form promulgated together with this Circular.

Article 6. Personal identification number

1. Personal identification number is a natural number string including 12 digits, set up by the national population database, is granted to each Vietnamese citizen and attached to such person from birth until death, not be repeated for other person, may be used for verifying data on citizen’s identity card and other data, be used in transaction and travel papers and may be provided to competent agencies for use in state management activities.

The Ministry of Public Security shall implement unified management of personal identification numbers nationwide.

2. The Police Department registering and managing residence and the national population data shall manage and issue personal identification numbers as prescribed in this Circular and other relevant laws.

Article 7. Adjustment and addition of citizens’ information in the national population database

1. Citizens’ information in the national population database may be adjusted when there is any change or when detecting mistakes or errors and may be added inadequate information.

2. Police offices of districts, towns and provincial cities (hereinafter referred to as district- level police offices) where citizens register their permanent residence have the competence to adjust and add citizens’ information.

Article 8. Management of the national population database

1. The Police Department registering and managing residence and the national population data shall implement unified management of the population database nationwide; administer and operate all activities of the system of the national population database.

2. Public Security agencies of provinces and centrally run cities (hereinafter referred to as provincial-level Public Security agencies) shall manage their local population databases; administer and operate all activities of the system of the local population databases and transmit data to the National Population Database Center under management of the Ministry of Public Security.

3. District-level public security agencies shall manage their local population databases; direct and coordinate with the public security agencies of communes, wards or townships (hereinafter referred to as commune-level public security agencies) to collect, update, adjust and supplement citizens’ information into the national population database and transmit data to the population database centers at the provincial-level Public Security agencies.

Article 9. Exploitation and provision of information in the national population database

1. The director of the Police Department of registration and management of residence and the national population data shall manage the exploitation and provision of information, make statistics and summarize contents of population information nationwide.

2. The directors of provincial-level Public Security agencies shall manage the exploitation and provision of information, make statistics and summarize contents of population information in the ambit managed by the provincial level.

3. The heads of district-level public security agencies shall manage the exploitation and provision of information, make statistics and summarize contents of population information in the ambit managed by the district level.

Chapter 3

RESPONSIBILITIES OF PUBLIC SECURITY AGENCIES AT UNITS AND LOCALITIES IN COLLECTING, UPDATING AND MANAGING THE NATIONAL POPULATION DATABASE

Article 10. Responsibilities of officers and heads of units assigned to update, adjust and supplement citizens’ information into the national population database

1. Officers assigned to update, adjust and supplement citizens’ information in the national population database shall:

a) Check information on citizens, record in a monitoring book, input data and return documents to the place performed the delivery.

b) Preserve and ensure the confidentiality of relevant information and documents; do not repair, erase or cause damage to documents, information and take responsibility for the accuracy and adequacy of data that have been inputted, made statistics and reported as prescribed.

2. Heads of units assigned to update, adjust and supplement citizens’ information into the national population database shall:

a) Check and compare citizens’ information put in the national population database.

b) Organize the update, adjustment and addition of citizens’ information into the national population database.

c) Organize the preservation of dossiers and documents serving the update, adjustment and addition of citizens’ information into the national population database.

Article 11. Responsibilities of the General Police Department for Administrative Management of Social Order and Safety

1. To assume the prime responsibility for, and coordinate with related units in, advising the Ministry of Public Security on building the national population database.

2. To develop and propose competent authorities to promulgate the process of building, collecting, updating, maintaining and exploiting the national population database.

3. To coordinate with the General Department for Building the People’s Police Force to propose the model of organization, payroll, regimes, policies, training and retraining of human resources for requirement on officials serving the building and management of the national population database nationwide.

4. To coordinate with the General Department of Logistics and Engineering, the Finance Department in allocation of funds and provision of equipment and facilities for the building and maintenance of the national population database.

5. To guide and examine provincial-level Public Security agencies in building, collecting, updating and managing the local population databases.

Article 12. Responsibilities of General Departments and units attached the Ministry

1. The General Department for Building the People’s Police Force shall coordinate with the General Police Department for Administrative Management of Social Order and Safety in elaborating the plan on training and re-training human resources to gradually meet the requirement of staff in charge of building and managing the national population database nationwide.

2. The General Department of Logistics and Engineering shall assume the prime responsibility for, and coordinate with the General Police Department for Administrative Management of Social Order and Safety in, providing technical and technological guidance to units and localities for building the national population database; guide on assurance of information security and safety for the national population database system.

3. Security General Department I shall provide information on citizens’ passports specified in the Decree No. 90/2010/ND-CP to units collecting, updating and managing the national population database so as to update citizens’ information into the national population database.

4. Other relevant units, based on their functions and tasks, shall support the building and provision of information on population to serve the building, collection, update and management of the national population database.

Article 13. Responsibilities of provincial- level Public Security agencies

1. To advise provincial-level People’s Committees on, and assume the prime responsibility for, and coordinate with local departments and sectors in, the building and management of the population databases in provinces.

2. To propose for training and retraining of staff qualified for building, collecting, updating and managing the population databases.

3. To organize the preservation, management, exploitation and processing of population information in their localities.

Article 14. Responsibilities of district-level public security agencies

1. To carry out the population databases under their management according to the direction and guidance of provincial-level Public Security agencies; to advise district- level People’s Committees on building the population databases in their localities.

2. To organize the collection and update of population information into the national population database in localities; to direct and guide commune-level public security agencies to collect and provide the population information to district-level public security agencies for the update into the national population database.

3. To propose for training and retraining of staff qualified for building, collecting, updating and managing the national population databases in their localities.

4. To organize the preservation, management, exploitation and handling of information on population in their localities.

Article 15. Responsibilities of commune- level public security agencies

1. To conduct collection of data for the system of the national population database according to the programs and plans already approved by district-level public security agencies and take responsibility for the accuracy of such information.

2. To exploit the population information under the local management.

Chapter 4

ORGANIZATION OF IMPLEMENTATION

Article 16. Effect

This Circular takes effect on April 10, 2013.

Article 17. Responsibility for implementation

1. The General Director of the General Police Department for Administrative Management of Social Order and Safety shall guide and examine the implementation of this Circular.

2. Directors of general departments, heads of units directly attached to the Ministry, directors of provincial-level Public Security agencies, directors of the provincial-level Police Departments of Fire Fighting and relevant organizations and individuals shall implement this Circular.

In the course of implementation, any difficulties and problems arising should be reported to the Ministry of Public Security (through the General Police Department for Administrative Management of Social Order and Safety) for timely guidance.