Nghị định 77/2020/ND-CP

DECREE

PRESCRIBING MANAGEMENT AND USE OF INFORMATION IN NATIONAL IMMIGRATION DATABASE, ONLINE PUBLIC SERVICES ON ISSUANCE, MANAGEMENT AND CONTROL OF PASSPORTS OF VIETNAMESE CITIZENS, AND ENTRY/EXIT CONTROL THROUGH AUTOMATED BORDER CONTROL GATES

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on exit and entry of Vietnamese citizens dated November 22, 2019;

Pursuant to the Law on entry, exit, transit and residence of foreigners in Vietnam dated June 16, 2014 and the Law on amendments to the Law on entry, exit, transit and residence of foreigners in Vietnam dated November 25, 2019;

Pursuant to the Law on Cyberinformation Security dated November 19, 2015;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

At the request of the Minister of Public Security;

The Government promulgates a Decree prescribing management and use of information in National immigration database, online public services on issuance, management and control of passports of Vietnamese citizens, and entry/exit control through automated border control gates.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with the collection, updating, management, connection, sharing, provision and use of information in the National immigration database, online public services on issuance, management and control of passports of Vietnamese citizens, and entry/exit control through automated border control gates.

Article 2. Regulated entities

This Decree applies to regulatory authorities, organizations and individuals involved in the collection, updating, management, connection, sharing, provision and use of information in the National immigration database, online public services on issuance, management and control of passports of Vietnamese citizens, and entry/exit control through automated border control gates.

Article 3. Definitions

For the purposes of this Decree, these terms are construed as follows:

1. “National immigration database” means a collection of information about the exit and entry of Vietnamese citizens and entry, exit, transit and residence of foreigners in Vietnam that is digitalized, stored, managed and extracted through information infrastructure.

2. “online public services on issuance, management and control of passports of Vietnamese citizens” means public administrative services rendered by immigration authorities or passport issuing authorities on the public service portal.

3. “automated border control gate” means an equipment which uses the data stored in the electronic chip in Vietnamese passports and in the National immigration database to check and verify the identity and immigration conditions of an individual when he/she follows procedures at the border checkpoint.

4. “entry/exit control through automated border control gate” means the act of performing immigration procedures at an automated border control gate.

Chapter II

NATIONAL IMMIGRATION DATABASE, ONLINE PUBLIC SERVICES AND AUTOMATED BORDER CONTROL GATES

Section 1. COLLECTION, UPDATING, MANAGEMENT, CONNECTION, SHARING, PROVISION AND USE OF INFORMATION IN NATIONAL IMMIGRATION DATABASE

Article 4. Collecting information and updating national immigration database

1. Collecting information and updating the national immigration database:

a) With respect to Vietnamese citizens, the provisions in Article 41 and Article 42 of the Law on exit and entry of Vietnamese citizens shall apply;

b) With respect to a foreigner, information to be collected and updated includes:  Last, middle and first name as shown in his/her passport or any document enabling international travel; date of birth; gender; nationality; picture; fingerprints; number, sign, date of issue, type and issuing authority of passport or any document enabling international travel; process of entry and exit into/from Vietnam; residence in Vietnam; other relevant information.

2. The national immigration database shall be updated with the information collected from the following sources:

a) Declarations, forms and information collected when carrying out procedures for issuance of documents to foreigners to enter, exit, transit and stay in Vietnam, and issuance of entry/exit documents to Vietnamese citizens or during the entry/exit control at border checkpoints;

b) Information included in immigration management dossier and standardized and converted immigration databases; information in national population database, database on citizen identity cards, other national and specialized databases;

c) Information concerning entry and exit of foreigners and Vietnamese citizens provided by individuals, organizations and regulatory authorities.

3. Responsibility to collect information and update the national immigration database:

a) During performance of procedures, authorities issuing entry/exit documents and entry/exit control units shall, within the ambit of their assigned functions and duties, collect and update the information prescribed in Clause 1 of this Article;

b) Agencies in charge of managing the national population database, the database on citizen identity cards, other national and specialized databases shall cooperate in and reach an agreement on methods and contents for ensuring the sharing of information prescribed in Clause 1 of this Article;

c) Individuals, regulatory authorities and organizations shall provide adequate, timely and accurate information prescribed in Clause 1 of this Article directly or via the immigration web portal defined in Clause 18 Article 1 of the Law on amendments to the Law on entry, exit, transit and residence of foreigners in Vietnam.

Article 5. Responsibility of agency in charge of managing National immigration database

1. Perform duties of the agency providing data on the National immigration database in accordance with the Government's Decree No. 47/2020/ND-CP dated April 09, 2020 on management, connection and sharing of digital data of regulatory authorities.

2. Data must be updated in a timely and accurate manner; connection and sharing of information must ensure state secrets, individual secrets, family secrets and privacy as prescribed in Article 5, Article 6 of the Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

3. Ensure 24/7 operation of the technical system; ensure infrastructure conditions serving the connection and sharing of data as prescribed in Article 27 of Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

4. Develop and implement solutions for data synchronization, backup, standby and recovery, and other solutions for ensuring security and safety of information during connection and sharing of data as prescribed in Article 28 of Government’s Decree No. 47/2020/ND-CP dated April 09, 2020.

5. Develop plans for maintenance and upgrade of the National immigration database to adapt to changes in technologies, operational and management requirements.

6. Play the leading role and cooperate with relevant agencies in developing operational procedures for updating, connection, sharing and use of information.

Article 6. Scope of provision and use of information in National immigration database

1. Presiding agencies, judgment enforcement agencies or regulatory authorities are entitled to request for entry/exit information in the National immigration database to serve their investigation, prosecution, hearing, implementation of judgment enforcement decisions, imposition of administrative penalties or performance of other duties within the ambit of their assigned functions and duties.

2. Authorities issuing entry/exit documents, visa issuing authorities and entry/exit control units are entitled to use information on the issuance, revocation, cancellation, restoration and control of passports, entry/exit documents and immigration records in the National immigration database to proactively perform management tasks within the ambit of their assigned functions and duties.

3. Vietnamese citizens are entitled to request for provision or verification of his/her entry and exit information in the National immigration database to ensure his/her legitimate rights and benefits.  

4. Information in the National immigration database shall be provided and used for the appropriate purposes, by authorized entities and in a manner that ensures the confidentiality of information as prescribed by law.

Article 7. Provision and use of information in National immigration database

1. In the case in Clause 1 Article 6 hereof:

a) With regard to regulatory authorities that meet infrastructure conditions, the connection and sharing of data prescribed in Clause 1 Article 4 hereof shall comply with the provisions in Chapter III of Government’s Decree No. 47/2020/ND-CP dated April 09, 2020;

b) With regard to regulatory authorities that fail to meet infrastructure conditions or need information to serve their duties performance, they shall send written requests for information to the agency in charge of managing National immigration database. Within 05 working days from receipt of the written request, the agency in charge of managing National immigration database shall give a written response to the requesting authority.

2. In the case in Clause 2 Article 6 hereof:  Authorities issuing entry/exit documents, visa issuing authorities and entry/exit control units are required to meet infrastructure conditions for make online connections to the National immigration database.

3. In the case in Clause 3 Article 6 hereof:

a) The citizen shall send a written request made according to the form enclosed herewith to the agency in charge of managing National immigration database;

b) Within 05 working days from receipt of the written request, the agency in charge of managing National immigration database shall give a written response to the requesting citizen.

Section 2. ONLINE PUBLIC SERVICES ON ISSUANCE, MANAGEMENT AND CONTROL OF PASSPORTS OF VIETNAMESE CITIZENS AND ENTRY/EXIT CONTROL THROUGH AUTOMATED BORDER CONTROL GATES

Article 8. Provision of online public services

1. Online public services on issuance, management and control of passports of Vietnamese citizens are provided on the public service portal of the Ministry of Public Security or the Ministry of Foreign Affairs according to their assigned functions and duties, and connected with or integrated into the national public service portal.

2. Online public services mentioned in Clause 1 of this Article enable the receipt of passport applications, appointment scheduling, provision of instructions on passport issuance, and checking of status and results of passport applications.

Article 9. Responsibility of agencies assigned to provide online public services

1. Carry out administrative procedures for entry and exit on public service portals in accordance with regulations of the Government's Decree No. 45/2020/ND-CP dated April 08, 2020 stipulating administrative procedures followed on electronic environment.

2. Publish addresses of websites providing online public services.

3. Provide guidance on management, operation, use, receipt and response to inquiries concerning online public services.

4. Ensure the availability for connection or integration of information on online public services with or into the national public service portal.

5. Implement solutions for ensuring security and safety of online public services.

6. Develop standby measures for remedying incidents and ensuring 24/7 availability of online public services.   Results of administrative procedures completed by using online public services must be regularly updated.

7. Periodically review and propose upgrades or modifications to online public services to meet actual demands.

Article 10. Entry and exit through automated border control gates

1. The following passengers must follow registration procedures for entry or exit through automated border control gates:

a) Vietnamese citizens using biometric passports to enter countries where they are not exempted from entry visa requirements;

b) Vietnamese citizens using traditional passports without embedded electronic microprocessor chips;

c) Vietnamese citizens using laissez-passers agreed upon between Vietnam and countries sharing land border lines;

d) Aliens holding permanent/temporary residence permit cards issued by competent regulatory authorities of Vietnam.

2. The passengers mentioned in Clause 1 of this Article shall follow registration procedures directly at the authorities issuing entry/exit documents or entry/exit control units in charge of automated border control gates or via the public service portal of the Ministry of Public Security, Ministry of National Defence or Ministry of Foreign Affairs. To be specific:

a) Complete the declaration form enclosed herewith;

b) Present passport or entry/exit documents;

c) If a Vietnamese citizen uses a passport to enter a country where he/she is not exempted from entry visa requirements, he/she shall be required to present visa or any documents proving entry acceptance of the destination country;

d) An alien shall present his/her permanent or temporary residence permit card;

dd) Provide picture;

e) Provide fingerprints as prescribed by the Minister of Public Security;

g) This registration shall be carried out once. In case of changes in or addition of information to the passport, documents for exit/entry from/into Vietnam or visa or documents proving entry acceptance of the destination country, an additional declaration form enclosed herewith shall be submitted.

3. The following passengers are allowed to exit or entry through automated border control gates:

a) Vietnamese citizens using biometric passports to enter countries where they are exempted from entry visa requirements;

b) The passengers who have successfully completed registration procedures as laid down in Clause 2 of this Article; the persons mentioned in Point c Clause 1 of this Article may only exit or entry through land border checkpoints.

Article 11. Responsibility of entry/exit control units

1. Receive declaration forms; check passports or entry/exit documents; compare the information therein with that in the National immigration database; receive pictures and fingerprints to the passenger as prescribed.

2. Provide results to the passenger immediately after completing the procedures laid down in Clause 1 of this Article.  If a passenger is ineligible for entry or exit through the automated border control gate, a written notification indicating reasons thereof shall be given.

3. Provide instructions on use of the automated border control gate.

Chapter III

IMPLEMENTATION

Article 12. Responsibility of Ministry of Public Security

1. Play the leading role and cooperate with the Ministry of Foreign Affairs, Ministry of National Defence and relevant ministries and central authorities in establishing, managing, operating, collecting, updating, extracting and sharing information in the National immigration database; provide online public services.

2. Play the leading role and cooperate with the Ministry of National Defence in establishing procedures for entry/exit control through automated border control gates.

3. Develop automated border control gates at border checkpoints managed by the Ministry of Public Security based on actual conditions.

Article 13. Responsibility of Ministry of Foreign Affairs

1. Cooperate with the Ministry of Public Security in establishing, collecting, updating, extracting and sharing information in the National immigration database.

2. Play the leading role in rendering online public services on issuance and management of passports issued by the Ministry of Foreign Affairs or overseas missions of Vietnam.

Article 14. Responsibility of Ministry of National Defence

1. Cooperate with the Ministry of Public Security in establishing, collecting, updating, extracting and sharing information in the National immigration database; reaching an agreement on application of automated border control gates to entry and exit control.

2. Develop automated border control gates at border checkpoints managed by the Ministry of National Defence based on actual conditions.

Article 15. Responsibility of Ministry of Information and Communications

1. Play the leading role and cooperate with the Ministry of Public Security and relevant ministries and central agencies in providing guidance on connection between the National immigration database and other specialized databases.

2. Provide guidance for regulatory authorities affiliated to the Ministry of Public Security and Ministry of Foreign Affairs on application of online public services on issuance and management of passports of Vietnamese citizens.

Chapter IV

IMPLEMENTATION

Article 16. Effect

This Decree comes into force from July 01, 2020.

Article 17. Responsibility for implementation

1. the Ministry of Public Security shall play the leading role and cooperate with relevant ministries and central authorities to organize the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of the Governmental agencies, Chairpersons of provincial People’s Committees, and relevant organizations and individuals are responsible for implementation of this Decree./.