Decree No. 77/2020/ND-CP the management and use of information in National immigration database

DECREE

Prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates^[1]

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

Pursuant to the November 22, 2019 Law on Exit and Entry of Vietnamese Citizens;

Pursuant to the June 16, 2014 Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam, and the November 25, 2019 Law Amending and Supplementing a Number of Articles of the Law on Foreigners’ Entry into, Exit from, Transit through and Residence in Vietnam;

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

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

Pursuant to the November 29, 2005 Law on E-Transactions;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree prescribing the management of, and exploitation of information in, the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes the collection, update, management, connection, sharing, provision and exploitation of information in the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals involved in the collection, update, management, connection, sharing, provision and exploitation of information in the national database on immigration; online public services for the issuance, management and control of passports of Vietnamese citizens; and immigration control with autogates.

Article 3.Interpretation of terms

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

1. National database on immigration means a collection of information on exit and entry of Vietnamese citizens and foreigners’ entry in, exit from, transit through and residence in Vietnam which is digitalized, stored, managed and exploited by information infrastructure.

2. Online public services for the issuance, management and control of passports of Vietnamese citizens means public administrative services provided by immigration agencies and passport-issuing authorities to organizations and individuals on public service portals.

3. Autogate means a device used to exploit data stored in Vietnamese passports with embedded electronic chips in the national database on immigration in order to examine and determine the identity of, and conditions on exit and entry for, an individual upon the performance of exit or entry procedures at a border gate.

4. Immigration control with autogates means the settlement of exit or entry procedures at autogates.

Chapter II

THE NATIONAL DATABASE ON IMMIGRATION, ONLINE PUBLIC SERVICES AND AUTOGATES

Section 1

COLLECTION, UPDATE, MANAGEMENT, CONNECTION, SHARING, PROVISION AND EXPLOITATION OF INFORMATION IN THE NATIONAL DATABASE ON IMMIGRATION

Article 4.Collection and update of information to the national database on immigration

1. Information to be collected and updated to the national database on immigration

a/ For Vietnamese citizens, information to be collected and updated must comply with Articles 41 and 42 of the Law on Exit and Entry of Vietnamese citizens;

b/ For a foreigner, information to be collected and updated includes family name, middle name and first name stated in his/her passport or international travel document; date of birth; gender; citizenship; portrait photo; fingerprints; serial number, code, date, and type of document, and authority issuing the passport or international travel document; process of entry into or exit from Vietnam; place of residence in Vietnam; and other relevant information.

2. Information in the national database on immigration shall be collected and updated from:

a/ Declarations, forms and information collected during the process of carrying out procedures for issuance of papers to foreigners who enter, exit, transit or reside in Vietnam; or issuance of immigration papers to Vietnamese citizens, or the process of immigration control at border gates;

b/ Information exploited from immigration management records and standardized and transformed immigration databases; and information exploited from the national database on population, the database on citizen identity cards, and other relevant national databases and specialized databases through connection and sharing;

c/ Information provided by individuals, agencies and organizations which is related to immigration of foreigners and Vietnamese citizens.

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

a/ Immigration paper-issuing authorities and immigration control units shall, during the process of settling procedures according to their functions and tasks, collect and immediately update the information specified in Clause 1 of this Article;

b/ Agencies managing the national database on population, the database on citizen identity cards and other relevant national databases and specialized databases shall coordinate and agree with one another on modes of information sharing and to-be-shared contents to ensure sharing of the information specified in Clause 1 of this Article;

c/ Individuals, agencies and organizations shall provide in a sufficient, timely and accurate manner the information specified in Clause 1 of this Article directly or via the National Web Portal on Immigration prescribed in Clause 18, Article 1 of the Law Amending and Supplementing a Number of Articles of Law on Foreigners’ Entry in, Exit from, Transit through and Residence in Vietnam.

Article 5.Responsibilities of the agency managing the national database on immigration

1. As the data provider of the national database on immigration, to perform the tasks prescribed in the Government’s Decree No. 47/2020/ND-CP of April 9, 2020, prescribing the management, connection and sharing of digital data of state agencies (below referred to as Decree No. 47/2020/ND-CP).

2. To timely and accurately update the shared data; to ensure confidentiality of state secrets, personal secrets, family secrets or privacy in information connection and sharing as prescribed in Articles 5 and 6 of Decree No. 47/2020/ND-CP.

3. To operate technical systems uninterruptedly around the clock; to ensure infrastructure facilities for data connection and exchange as prescribed in Article 27 of Decree No. 47/2020/ND-CP.

4. To adopt and implement synchronous solutions on data backup and recovery; and solutions to ensure information security in data connection and sharing as prescribed in Article 28 of Decree No. 47/2020/ND-CP of April 9, 2020.

5. To develop a plan on maintenance and upgrading of the national database on immigration to make it adapt to changes in technologies, professional operations and management.

6. To assume the prime responsibility for, and coordinate with related agencies in, developing professional processes which shall serve the update, connection, sharing and exploitation of information.

Article 6.Scope of provision and exploitation of information in the national database on immigration

1. Proceeding-conducting agencies; judgment execution agencies or state management agencies may request the provision of information on immigration in the national database on immigration to serve investigation, prosecution, trial, implementation of judgment execution decisions, application of administrative handling measures, or settlement of relevant affairs according to their assigned functions and tasks.

2. Immigration paper-issuing authorities, authorities competent to issue visas, and immigration control units may exploit information relating to the issuance, revocation, invalidation, restoration and control of passports, immigration papers and immigration history in the national database on immigration to be proactive in management work according to their functions and tasks.

3. Vietnamese citizens may request the provision of or certify information relating to their exit and entry in the national database on immigration to meet the requirement of guaranteeing the lawful rights and interests of citizens.

4. The provision and exploitation of information in the national database on immigration must be for proper purposes and within competence and ensure information confidentiality in accordance with law.

Article 7.Provision and exploitation of information in the national database on immigration

1. For the case specified in Clause 1, Article 6 of this Decree:

a/ For agencies meeting infrastructure requirements, the connection and sharing of data specified in Clause 1, Article 4 of this Decree must comply with Chapter III of Decree No. 47/2020/ND-CP.

b/ For an agency failing to meet infrastructure conditions or to meet work requirements, it shall send a written request for information provision to the agency managing the national database on immigration. Within 5 working days after receiving the request, the agency managing the national database on immigration shall issue a written reply to the requester.

2. For the case specified in Clause 2, Article 6 of this Decree: Immigration paper-issuing authorities, authorities competent to issue visas, and immigration control units must satisfy infrastructure conditions to facilitate online connection with the national database on immigration.

3. For the case specified in Clause 3, Article 6 of this Decree:

a/ Citizens shall send written requests, made according to the form provided in the Appendix to this Decree, to the agency managing the national database on immigration;

b/ Within 5 working days after receiving such a request, the agency managing the national database on immigration shall issue a written reply to the requester.

Section 2

ONLINE PUBLIC SERVICES FOR THE ISSUANCE, MANAGEMENT AND CONTROL OF PASSPORTS OF VIETNAMESE CITIZENS AND IMMIGRATION CONTROL WITH AUTOGATES

Article 8.Provision of online public services

1. Online public services for the issuance, management and control of passports of Vietnamese citizens shall be provided on the public service portals of the Ministry of Public Security and Ministry of Foreign Affairs according to their assigned functions and tasks, and information shall be connected and integrated with the National Public Service Portal.

2. The online public services specified in Clause 1 of this Article shall allow users to receive information for filling in passport application forms, make appointments, and follow guidance on passport issuance procedures; and help users look up the progress and results of processing of passport applications.

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

1. To perform immigration-related administrative procedures on public service portals in accordance with the Government’s Decree No. 45/2020/ND-CP of April 8, 2020, on performance of administrative procedures in the electronic environment.

2. To publicize addresses of websites providing online pubic services.

3. To guide the management, exploitation, use and receipt of information and give answers to enquiries relating to online public services.

4. To ensure readiness to connect and integrate information of online public services with the National Public Service Portal.

5. To apply solutions to ensure security and safety for online public services.

6. To work out contingency plans to remedy incidents so as to ensure uninterrupted and around-the-clock operation of public online services. To regularly update results of processing of administrative procedures performed via online public services.

7. To carry out periodical reviews and propose improvements and adjustments as suitable to practical requirements.

Article 10.Exit and entry via autogates

1. Persons who wish to leave or enter Vietnam via autogates and have to carry out registration procedures include:

a/ Vietnamese citizens using passports with embedded electronic chips to travel to countries requiring visas;

b/ Vietnamese citizens using passports without embedded electronic chips;

c/ Vietnamese citizens using international travel documents under agreements between Vietnam and countries sharing the land borders;

d/ Foreigners having permanent residence cards or temporary residence cards issued by competent Vietnamese authorities.

2. Persons specified in Clause 1 of this Article shall perform registration procedures directly at immigration paper-issuing authorities, immigration control units where autogates are installed or via public service portals of the Ministry of Public Security, the Ministry of National Defense or the Ministry of Foreign Affairs, specifically
as follows:

a/ Fill in the registration declaration, made according to the form provided in the Appendix to this Decree;

b/ Produce passports and immigration papers;

c/ For Vietnamese citizens using passports to travel to countries requiring visas, produce visas or another paper certifying or evidencing that the country of destination permits their entry;

d/ For foreigners, produce permanent residence cards or temporary residence cards;

dd/ Provide portrait photos;

e/ Provide fingerprints as required by the Minister of Public Security;

g/ The registration will be made only once. In case of a change in or addition of information in the passport or document valid for entry into or exit from Vietnam, or in the visa or paper certifying or proving that the country of destination permits their entry, make an additional declaration according to the form provided in the Appendix to this Decree.

3. Persons eligible for exit or entry via autogates

a/ Vietnamese citizens using passports with embedded electronic chips to travel to visa waiver countries;

b/ Persons who have completed the procedures specified in Clause 2 of this Article; the persons specified at Point c, Clause 1 of this Article may only leave or enter Vietnam via land border gates.

Article 11.Responsibilities of immigration control units

1. To receive declaration forms; to check passports and immigration papers; to compare information in such papers with information in the national database on immigration; to receive photos and take fingerprints of applicants under regulations.

2. After completing the procedures specified in Clause 1 of this Article, to immediately notify the applicants of results. In case an applicant is ineligible for exit or entry via autogates, to issue a written reply to the applicant, clearly stating the reason.

3. To guide the use of autogates.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 12.The Ministry of Public Security

1. To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of National Defense and other related ministries and sectors in, establishing, managing and operating, and collecting, updating, exploiting and sharing information in, the national database on immigration; to provide online public services.

2. To assume the prime responsibility for, and coordinate with the Ministry of National Defense in, developing the process of immigration control with autogates.

3. Based on practical conditions, to operate autogates at border gates under its management.

Article 13.The Ministry of Foreign Affairs

1. To coordinate with the Ministry of Public Security in establishing, and collecting, updating, exploiting and sharing information in, the national database on immigration.

2. To assume the prime responsibility for providing online public services for the issuance of passports and management of passports issued by the Ministry of Foreign Affairs or overseas Vietnamese representative missions.

Article 14.The Ministry of National Defense

1. To coordinate with the Ministry of Public Security in establishing, and collecting, updating, exploiting and sharing information in, the national database on immigration; to reach agreement on the process of operating autogates to serve immigration control.

2. Based on practical conditions, to operate autogates at border gates under its management.

Article 15.The Ministry of Information and Communications

1. To assume the prime responsibility for, and coordinate with the Ministry of Public Security and other related ministries and sectors in, guiding the connection of the national database on immigration with specialized databases.

2. To guide functional agencies of the Ministry of Public Security and the Ministry of Foreign Affairs to provide online public services for the issuance and management of passports of Vietnamese citizens.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16.Effect

This Decree takes effect on July 1, 2020.

Article 17.Implementation responsibility

1. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.