Quyết định 34/2021/QD-TTg

DECISION

PROVIDING FOR E-IDENTIFICATION AND E-AUTHENTICATION BASED ON THE NATIONAL POPULATION DATABASE, CITIZEN IDENTIFICATION DATABASE AND NATIONAL IMMIGRATION DATABASE

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to some Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Citizen Identification dated November 20, 2014;

Pursuant to the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to amendments to the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Government’s Decree No. 45/2020/ND-CP dated April 08, 2020 on administrative procedures by electronic means;

At the request of the Minister of Public Security;

The Prime Minister hereby promulgates a Decision on e-identification and e-authentication based on the National Population Database, Citizen Identification Database and National Immigration Database.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decision provides for e-identification and e-authentication of Vietnamese citizens and foreigners in Vietnam based on the National Population Database, Citizen Identification Database and National Immigration Database; rights, obligations and responsibilities of organizations and individuals concerned.

Article 2. Definitions

For the purposes of this Decision, the terms below shall be construed as follows:

1. “e-identity” means a collection of digital data in the National Population Database, Citizen Identification Database and National Immigration Database which permits online unique identification of an individual.

2. “e-identity holder” means an individual associated with an e-identity.

3. “e-identification” means the collection, creation and assignment of an e-identity to an individual, and management of e-identities.

4. “e-authentication” means the verification and certification by a competent authority that the e-identity user is an e-identity holder.

5. “e-identification application” means the software developed by the Ministry of Public Security for the purposes of registering and managing e-authentication and e-authentication.

6. “electronic identification and authentication system” means a system built and managed by the Ministry of Public Security with a view to processing requests for e-identification and e-authentication registration, issuance and management.

7. “e-identification account” (hereinafter referred to as “e-ID account”) means a collection of usernames, passwords or other forms of authentication created by the electronic identification and authentication system of the Ministry of Public Security.

8. “service user” means an individual or organization using their e-identity, e-ID account or e-authentication account.

Article 3. Principles

1. Individuals and organizations permitted to access and use e-identities must protect the privacy, personal data and confidentiality of e-ID account information of individuals.

2. The registration, use, provision and management of e-identities and e-ID accounts must ensure accuracy, safety and confidentiality.

3. A level 2 e-ID account has the same validity as a citizen identification card, passport or international travel document as decided by the service user.

4. E-identification and e-authentication are services provided for the convenience of individuals.

Chapter II

E-IDENTITIES AND LEVELS OF E-ID ACCOUNTS

Article 4. E-identities

1. An e-identity of a Vietnamese citizen consists of:

a) Personal ID number;

b) Last name, middle name and first name;

c) Date of birth;

d) Sex;

dd) Portrait photo and fingerprints.

2. An e-identity of a foreigner consists of:

a) Passport number or international travel document number;

b) Last name, middle name and first name;

c) Date of birth;

d) Sex;

dd) Nationality;

e) Portrait photo and fingerprints (if any).

Article 5. Levels of e-ID accounts

1. Levels of an e-ID account includes:

a) Level 1: An account is created in case where the declared citizen’s information has been automatically compared and found to match the information in the National Population Database. An account is created in case where the foreigner’s information has been compared and found to match t the information in the National Immigration Database, except for portrait photos and fingerprints;

b) Level 2: An account is created in case where the declared individual’s information has been verified by a portrait photo or fingerprint that matches the information in the National Population Database, Citizen Identification Database or National Immigration Database.

2. The use of level of an e-ID account shall be decided by the service user.

Chapter III

REGISTRATION AND ACTIVATION OF E-ID ACCOUNTS

Article 6. Registration of e-ID accounts

1. An individual aged 14 or older shall register an e-ID account via an e-identification application.

2. For an individual under 14 years of age, he/she shall register under the e-ID account of his/her parent or guardian.

3. For other wards, they shall register under the e-ID account of their guardians.

4. Information needed when an individual registers an e-ID account via an electronic device is composed of:

a) Personal ID number; passport number or international travel document number (if the individual is a foreigner);

b) Last name, middle name and first name;

c) Date of birth;

d) Sex;

dd) Nationality (if the individual is a foreigner);

e) Phone number, email;

g) In case of registering an e-ID account for a person under 14 years of age, incapacitated person or person with limited cognition or behavior control, the information of such person specified in Points a, b, c, d and dd of this Clause is required.

Article 7. Activation of e-ID accounts

1. A level 1 e-ID account shall be activated as follows:

a) When a Vietnamese citizen registers an e-ID account, his/her information specified in Points a, b, c and d Clause 4 Article 6 of this Decision will be automatically compared via the electronic identification and authentication system with the information in the National Population Database. If found consistent, a level 1 e-ID account will be created and an activation request will be sent to the applicant via his/her registered phone number or email. The applicant shall carry out activation as requested;

b) When a foreigner registers an e-ID account, his/her information specified in Points a, b, c, d and dd Clause 4 Article 6 of this Decision will be automatically compared via the electronic identification and authentication system with the information in the National Immigration Database. If found consistent, a level 1 e-ID account will be created and an activation request will be sent to the applicant via his/her registered phone number or email. The applicant shall carry out activation as requested.

2. A level 2 e-ID account shall be activated as follows:

a) When a Vietnamese citizen registers an e-ID account, his/her information specified in Points a, b, c and d Clause 4 Article 6 of this Decision, portrait photo or fingerprint will be automatically compared via the electronic identification and authentication system with those in the National Population Database. If they are found consistent, a level 2 e-ID account will be created and an activation request will be sent to the applicant via the registered phone number or email. The applicant shall carry out activation as requested;

b) When a foreigner registers an e-ID account, his/her information specified in Points a, b, c, d and dd Clause 4 Article 6 of this Decision, portrait photo or fingerprint will be automatically compared via the electronic identification and authentication system with those in the National Immigration Database. If they are found consistent, a level 2 e-ID account will be created and an activation request will be sent to the applicant via the registered phone number or email. The applicant shall carry out activation as requested.

Chapter IV

MANAGEMENT AND USE OF E-ID ACCOUNTS

Article 8. Use of e-ID accounts

1. When creating an e-ID account so as to follow administrative procedures online, it is required to use the e-identity provided by the Ministry of Public Security. The public service portal managing authority shall decide the use of e-identification accounts created by the electronic identification and authentication system of the Ministry of Public Security to follow administrative procedures online.

2. Organizations and individuals shall choose to use e-identification or e-authentication accounts created by the electronic identification and authentication system of the Ministry of Public Security to carry out an activity other than that specified in Clause 1 of this Article.

Article 9. Updating e-identity

1. If the e-identity information is changed, update the changes to the electronic identification and authentication system and notify the individual having the e-identity.

2. If the changes have yet to be updated to the National Population Database, Citizen Identification Database and National Immigration Database, such changes shall be updated as prescribed by law.

Article 10. Deactivation of e-ID accounts

An e-ID account will be deactivated:

1. When the e-identity holder makes a request for deactivation of his/her e-ID account.

2. When requested by a legal proceeding body, competent authority or service user.

3. When the e-identity holder violates the terms of service agreed upon with the authority issuing the e-ID account.

4. When changing or revoking the personal ID number.

5. When the e-identity holder dies.

Article 11. Reactivation of e-ID accounts

An e-ID account will be reactivated:

1. When the e-identity holder makes a request for reactivation of his/her e-ID account deactivated as prescribed in Clause 1 Article 19 of this Decision.

2. When the legal proceeding body, competent authority or service user makes a request for reactivation of the e-ID account deactivated as prescribed in Clause 2 Article 19 of this Decision.

3. When the e-identity holder rectifies the violation prescribed in Clause 3 Article 10 of this Decision and makes a request for reactivation of his/her e-ID account.

Chapter V

RIGHTS AND OBLIGATIONS OF SERVICE USERS AND RESPONSIBILITIES OF MINISTRIES, MINISTERIAL AGENCIES, GOVERNMENTAL AGENCIES, PEOPLE’S COMMITTEES OF PROVINCES AND CENTRAL-AFFILIATED CITIES

Article 12. Rights and obligations of service users

1. Every individual registering an e-identity and having an e-ID account shall:

a) comply with regulations on registration of e-identification and e-authentication; use of e-ID accounts for following administrative procedures online and carrying out other e-transactions;

b) provide and assume responsibility for the documents and information provided to the competent authority to create an e-ID account;

c) manage and protect confidentiality of e-ID account information, not allow another person to use his/her e-ID account, and ensure safe use of e-ID account;

d) take responsibility for the transactions conducted and related parties’ regulations on e-transactions;

dd) be informed of status of his/her e-ID account.

2. Other organizations and individuals using e-ID or e-authentication accounts shall:

a) provide technology infrastructure, and ensure safety and confidentiality for connecting and using e-authentication services;

b) select levels of e-ID accounts for each service provided online;

c) protect personal data as prescribed by law.

Article 13. Responsibilities of the Ministry of Public Security

1. Build, manage, protect and operate the electronic identification and authentication system in a manner that ensures continuity, stability, safety and security in the process of following administrative procedures online; apply e-ID accounts to natural disaster management, disease prevention and control and other tasks assigned by the Government and the Prime Minister.

2. Implement measures for state management of e-identities, e-identification and e-authentication.

3. Inspect the use of e-identification and e-authentication services provided by the Ministry of Public Security.

4. Handle complaints and denunciations, and provide instructions on registration and management of e-identification and e-authentication.

5. Suspend e-authentication services if the service user’s system fails to satisfy the technology infrastructure, safety and confidentiality requirements.

6. Connect and integrate the e-identity exchange platform of the National Public Service Portal and authentication system serving handling of administrative procedures and providing online public services as prescribed by law.

7. Preside over and cooperate with the Ministry of Information and Communications and Ministry of National Defense in ensuring safety and protecting confidentiality of information within the electronic identification and authentication system.

8. Preside over and cooperate with the Ministry of National Defense in assessing cryptographic safety for e-identification and e-authentication service users.

9. Protect personal data as prescribed by law.

10. Preside over and cooperate with the Ministry of Information and Communications in reaching an agreement on the connection and sharing method for using e-identities and e-ID accounts provided and created by the electronic identification and authentication system of the Ministry of Public Security; ensure information confidentiality, safety and security.

Article 14. Responsibilities of the Ministry of Information and Communications

1. Provide guidance on application of standards and technical regulations on information technology to e-identification and e-authentication.

2. Cooperate with the Ministry of Public Security in implementing measures for management of e-identification and e-authentication.

Article 15. Responsibilities of the Ministry of Public Security

1. Provide guidance on application of standards and technical regulations on civil cryptography to e-identification and e-authentication.

2. Cooperate with the Ministry of National Defense in ensuring safety and confidentiality of information within the electronic identification and authentication system.

3. Cooperate with the Ministry of Public Security in using e-identities and e-ID accounts for provision of specialized digital certification services.

Article 16. Responsibilities of Ministries, ministerial agencies, governmental agencies, People’s Committees of provinces and central-affiliated cities

1. Ensure that e-identities and e-ID accounts are used to follow administrative procedures online.

2. Cooperate with the Ministry of Public Security in reaching an agreement on the connection and sharing method for using e-identities and e-ID accounts provided and created by the electronic identification and authentication system of the Ministry of Public Security; ensure information confidentiality, safety and security.

Chapter VI

IMPLEMENTATION CLAUSE

Article 17. Effect

This Decision comes into force November 09, 2021.

Article 18. Transitional clauses

1. For the individuals’ e-ID accounts created by the National Public Service Portal or ministerial-/provincial-level public service portals before the effective date of this Decision, they shall be authenticated using the e-identities provided by the Ministry of Public Security before January 01, 2023.

2. From the effective date of this Decision to before January 01, 2023, if the National Public Service Portal or ministerial/provincial-level public service portals are yet to be connected with the electronic identification and authentication system of the Ministry of Public Security, accounts for following administrative procedures online shall continue to be created using the e-identities provided by the e-identity providers connected or integrated with the e-identity exchange platform of the National Public Service Portal.

Article 19. Responsibility for implementation

1. The Ministry of Public Security shall provide guidance on, inspect and expedite the implementation of this Decision.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decision.