Decision 34/2021/QD-TTg electronic identification and authentication on the National Immigration Database

DECISION

Providing electronic identification and authentication on the platforms of the National Population Database, Citizen Identity Database and National Immigration Database^[1]

Pursuant the June 19, 2015 Law on Organization of the Government and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, and Residence in Vietnam;

Pursuant to the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, and Residence in Vietnam;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment;

At the proposal of the Minister of Public Security;

The Prime Minister promulgates the Decision providing electronic identification and authentication on the platforms of the National Population Database, Citizen Identity Database and National Immigration Database.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides electronic identification and authentication for Vietnamese citizens and foreigners in Vietnam on the platforms of the National Population Database, Citizen Identity Database and National Immigration Database; and rights, obligations and responsibilities of related agencies, organizations and individuals.

Article 2. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Electronic identity means a collection of digital data in the National Population Database, Citizen Identity Database and National Immigration Database that enables the identification of a single person in the electronic environment.    

2. Electronic identity owner means an identified person who is attached to an electronic identity.

3. Electronic identification means activities of collecting, creating and attaching electronic identities to individuals and managing electronic identities.

4. Electronic authentication means functional agencies’ verification and confirmation of an electronic identity user as the owner of that electronic identity.

5. Electronic identification application means a software created by the Ministry of Public Security to serve the registration and management of electronic identification and electronic authentication.

6. Electronic Identification and Authentication System means a system developed and managed by the Ministry of Public Security to process requests for registration, grant, and management of electronic identification and electronic authentication.

7. Electronic identification account means a collection including log-in name, password or other authentication methods created by the Electronic Identification and Authentication System of the Ministry of Public Security (below referred to as the Electronic Identification and Authentication System).

8. Service users means individuals and organizations using electronic identities, electronic identification accounts or electronic authentication services.

Article 3. Principles of application

1. Organizations and individuals licensed to exploit and use electronic identities shall comply with regulations on privacy, protection of personal data and confidentiality of information on individuals’ electronic identification accounts.

2. The registration, use, provision and management of electronic identities and electronic identification accounts must ensure accuracy, safety and confidentiality.

3. Level-2 electronic identification accounts are as valid as citizen identity cards, passports or international travel documents as decided by service users.

4. Electronic identification and electronic authentication are services provided for personal convenience.

Chapter II

ELECTRONIC IDENTITIES, LEVELS OF ELECTRONIC IDENTIFICATION ACCOUNTS

Article 4. Electronic identities

1. The electronic identity of a Vietnamese citizen covers:

a/ Personal identity number;

b/ Full name;

c/ Date of birth;

d/ Gender;

dd/ Portrait photo and fingerprints.

2. The electronic identity of a foreigner covers:

a/ Passport number or number of an international travel document;

b/ Full name;

c/ Date of birth;

d/ Gender;

dd/ Citizenship;

e/ Portrait photo and fingerprints (if any).

Article 5. Levels of electronic identification accounts

1. Levels of electronic identification accounts include:

a/ Level 1:  An account shall be created in case the information declared by a citizen has been automatically compared and collated and matches with his/her information in the National Population Database. For a foreigner, an account shall be created in case the information declared by the foreigner has been automatically compared and collated and matches with his/her information in the National Immigration Database, excluding the portrait photo and fingerprints;

b/ Level 2: An account shall be created in case the information declared by a person has been verified with his/her portrait photo or fingerprints and matches with his/her information in the National Population Database, Citizen Identity Database or National Immigration Database.

2. The selection of the level of electronic identification accounts for use shall be decided by service users.

Chapter III

REGISTRATION AND ACTIVATION OF ELECTRONIC IDENTIFICATION ACCOUNTS

Article 6. Registration of electronic identification accounts

1. Persons aged full 14 years or older may register electronic identification accounts via the electronic identification application.

2. For persons having not yet reached full 14 years, the registration may be made via electronic identification accounts of their fathers, mothers or guardians.

3. For other persons under guardianship, the registration may be made via electronic identification accounts of their guardians.

4. Information to be declared on electronic devices when a person registers his/her electronic identification account includes:

a/ Personal identification number; passport number or number of an international travel document (for foreigners);

b/ Full name;

c/ Date of birth;

d/ Gender;

dd/ Citizenship (for foreigners);

e/ Telephone number, email address;

g/ In case of making registration for a person having not yet reached full 14 years, person having lost his/her civil act capacity, or person having difficulties in cognition or behavior control, the information specified at Point a, b, c, d, and dd of this Clause of that person shall be additionally declared.

Article 7. Activation of electronic identification accounts

1. The activation of Level-1 electronic identification accounts is provided as follows:

a/ When a Vietnamese citizen registers an electronic identification account, the Electronic Identification and Authentication System shall automatically compare and collate the information specified at Points a, b, c and d, Clause 4, Article 6 of this Decision that is declared by the citizen with his/her information in the National Population Database, if it matches, the Electronic Identification and Authentication System shall create a Level-1 electronic identification account and send an account activation request to the registrant via the phone number or email address registered by the latter; the registrant shall perform the activation as required by the Electronic Identification and Authentication System;

b/ When a foreigner registers an electronic identification account, the Electronic Identification and Authentication System shall automatically compare and collate the information specified at Points a, b, c, d and dd, Clause 4, Article 6 of this Decision that is declared by the foreigner with his/her information in the National Immigration Database, if it matches, the Electronic Identification and Authentication System shall create a Level-1 electronic identification account and send an account activation request to the registrant via the phone number or email address registered by the latter; the registrant shall perform the activation as required by the Electronic Identification and Authentication System.

2. The activation of Level-2 electronic identification accounts is provided as follows:

a/ When a Vietnamese citizen registers an electronic identification account, the Electronic Identification and Authentication System shall automatically compare and collate the information specified at Points a, b, c and d, Clause 4, Article 6 of this Decision that is declared by the citizen with his/her information in the National Population Database and compare and collate it with the registrant’s portrait photo or fingerprints, if it matches, the Electronic Identification and Authentication System shall create a Level-2 electronic identification account and send an account activation request to the registrant via the phone number or email address registered by the latter; the registrant shall perform the activation as required by the Electronic Identification and Authentication System;

b/ When a foreigner registers an electronic identification account, the Electronic Identification and Authentication System shall automatically compare and collate the information specified at Points a, b, c, d and dd, Clause 4, Article 6 of this Decision that is declared by the foreigner with his/her information in the National Immigration Database and compare and collate it with the registrant’s portrait photo or fingerprints, if it matches, the Electronic Identification and Authentication System shall create a Level-2 electronic identification account and send an account activation request to the registrant via the phone number or email address registered by the latter; the registrant shall perform the activation as required by the Electronic Identification and Authentication System.

Chapter IV

MANAGEMENT AND USE OF ELECTRONIC IDENTIFICATION ACCOUNTS

Article 8. Use of electronic identification accounts

1. The creation of an individual’s electronic identification account to perform administrative procedures in the electronic environment must use the electronic identity provided by the Ministry of Public Security. The use of electronic identification accounts created by the Electronic Identification and Authentication System to perform administrative procedures in the electronic environment shall be decided by the agency managing the Public Service Portal.

2. The use of electronic identification accounts and electronic authentication created by the Electronic Identification and Authentication System to perform activities other than those specified in Clause 1 of this Article shall be opted by organizations and individuals themselves.

Article 9. Updating of electronic identities

1. When there is a change in electronic identity information, the National Population Database, Citizen Identity Database and National Immigration Database shall update and synchronize information in the Electronic Identification and Authentication System and notify thereof to the owner of the electronic identity.

2. In case the change in electronic identity information has not been updated in the National Population Database, Citizen Identity Database and National Immigration Database, the adjustment of information shall be made in accordance with law.

Article 10. Cases of locking of electronic identification accounts

1. When electronic identity owners request the locking of their electronic identification accounts.

2. When it is so requested by proceeding-conducting agencies, competent functional agencies or service users.

3. When electronic identification owners violate the terms of service agreed upon with the electronic identification account-granting agency.

4. When personal identification numbers are re-established or invalidated.

5. When electronic identity owners die.

Article 11. Cases of restoration of locked electronic identification accounts

1. When an electronic identity owner requests restoration of the electronic identification account that he/she has previously requested to be locked under Clause 1, Article 10 of this Decision.

2. When a proceeding-conducting agency, competent functional agency or service user request the restoration of the electronic identification account that it has previously requested to be locked under Clause 2, Article 10 of this Decision.

3. When an electronic identity owner has remediated the violation specified in Clause 3, Article 10 of this Decision and requests the restoration of the electronic identification account.

Chapter V

RIGHTS AND OBLIGATIONS OF SERVICE USERS AND RESPONSIBILITIES OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, GOVERNMENT-ATTACHED AGENCIES, AND PROVINCIAL-LEVEL PEOPLE’S COMMITTEES

Article 12. Rights and obligations of service users

1. Regarding individuals registering for electronic identification, having electronic identification accounts:

a/ To comply with regulations on registration of electronic identification and electronic authentication; to use electronic identification accounts to perform administrative procedures in the electronic environment and other electronic transactions;

b/ To provide documents and information to functional agencies to create electronic identification accounts and be held responsible for these documents and information;

c/ To manage and keep confidential information of electronic identification accounts, not allow other people to use their electronic identification accounts, and ensure the safe use of electronic identification accounts;

d/ To take responsibility for the transactions they have performed and comply with regulations of related parties for electronic transactions;

dd/ To be informed of the operation status of their electronic identification accounts.

2. Regarding other organizations and individuals using electronic identification accounts or electronic authentication:

a/ To ensure technology infrastructure, safety and security for connection and use of electronic authentication services;

b/ To opt the level of electronic identification accounts for each service provided in the electronic environment;

c/ To protect personal data in accordance with the law.

Article 13. Responsibilities of the Ministry of Public Security

1. To develop, manage, protect and operate the Electronic Identification and Authentication System, ensuring continuous, stable, safe and secure operation throughout the process of performing administrative procedures in the electronic environment; to apply electronic identification accounts to disaster and epidemic prevention and control activities and other tasks assigned by the Government and the Prime Minister.

2. To apply state management measures with regard to electronic identities and electronic identification and authentication activities.

3. To inspect and examine the use of electronic identification and authentication services provided by the Ministry of Public Security.

4. To settle complaints and denunciations, and provide instructions to individuals on registration for and management of electronic identification and authentication.

5. To suspend the provision of electronic authentication services when service users’ systems fail to meet connection technology infrastructure and safety and security requirements.

6. To connect and integrate the Electronic Identification and Authentication System with the Electronic Identification Exchange Platform of the National Public Service Portal to serve the settlement of administrative procedures and provision of online public services in accordance with law.

7. To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications and the Ministry of National Defense in, ensuring information safety and security for the Electronic Identification and Authentication System.

8. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, assessing cryptographic safety for users of electronic identification and authentication services.

9. To protect personal data in accordance with law.

10. To assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, reaching agreement on a plan for connection and sharing to use electronic identities and electronic identification accounts provided and created by the Electronic Identification and Authentication System; to ensure information confidentiality, safety and security.

Article 14. Responsibilities of the Ministry of Information and Communications

1. To provide instructions on the application of information technology standards and technical regulations in electronic identification and authentication activities.

2. To coordinate with the Ministry of Public Security in implementing measures to manage electronic identification and authentication activities.

Article 15. Responsibilities of the Ministry of National Defense

1. To provide instructions on the application of civil cryptographic standards and technical regulations used in electronic identification and authentication activities.

2. To coordinate with the Ministry of Public Security in ensuring information safety and confidentiality for the Electronic Identification and Authentication System.

3. To coordinate with the Ministry of Public Security in using electronic identities and electronic identification accounts in the provision of specialized digital signature services.

Article 16. Responsibilities of ministries, ministerial-level agencies, government-attached agencies, and provincial-level People’s Committees

1. To ensure the use of electronic identities and electronic identification accounts to perform administrative procedures in the electronic environment.

2. To coordinate with the Ministry of Public Security so as to reach agreement on a connection and sharing plan serving the use of electronic identities and electronic identification accounts provided and created by the Electronic Identification and Authentication System; to ensure information confidentiality, safety and security.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 17. Effect

This Decision takes effect on November 9, 2021.

Article 18. Transition provisions

1. Individuals’ electronic identification accounts that have been created by the National Public Service Portal or ministerial-/provincial-level Public Service Portals before the effective date of this Decision must be authenticated with electronic identities provided by the Ministry of Public Security before January 1, 2023.

2. From the effective date of this Decision to before January 1, 2023, if the National Public Service Portal and ministerial-/provincial-level Public Service Portals are not ready to connect to the Electronic Identification and Authentication System, it is permitted to use electronic identities already connected and integrated with the Electronic Identification Exchange Platform on the National Public Service Portal by electronic identity-providing organizations to creare accounts for performance of administrative procedures in the electronic environment.

Article 19. Implementation responsibility

1. The Ministry of Public Security shall guide, inspect and urge the implementation of this Decision.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.

For the Prime Minister
Deputy Minister
VU DUC DAM