Decree No. 90/2010/ND-CP dated August 18, 2010 of the Government providing for the national database on population

THE GOVERNMENT

Decree No. 90/2010/ND-CP of August 18, 2010, providing for the national database on population

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2006 Law on Residence;

Pursuant to the January 9, 2003 Ordinance on Population;

At the proposal of Minister of Pubic Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the setting up, updating, maintenance, management, exploitation and use of the national database on population; and responsibilities and powers of agencies, organizations and individuals involved in the setting up, management and exploitation of the national database on population.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals involved in the setting up, collection, updating, maintenance, management, exploitation and use of the national database on population.

Article 3. National database on population

1. The national database on population means a collection of basic information on Vietnamese citizens which is set up, updated and maintained for electronic management, exploitation and use.

2. The national database on population is uniformly set up nationwide and commonly used by agencies, organizations and individuals in order to provide accurate and timely basic information on population in service of state management activities to meet socio-economic development requirements as well as citizens’ legitimate needs.

Article 4. Principles of the setting up, updating, maintenance, exploitation, management and use of the national database on population

1. Compliance with the laws on residence, civic status, nationality, population, protection of state secrets, protection of personal information, information technology, and e-transactions, and other relevant regulations.

2. Data and information on population are collected, updated, maintained, exploited and used in an adequate and accurate manner.

3. The right of organizations and individuals to access promptly and fully and properly use information in the national database on population is assured under law.

4. The national database on population is managed strictly to assure information safety and long-term archive.

Chapter II

SETTING UP, COLLECTION, UPDATING, MAINTENANCE, EXPLOITATION AND USE OF, AND INVESTMENT IN, THE NATIONAL DATABASE ON POPULATION

Article 5. Setting up of the national database on population

1. The national database on population is set up in conformity with the architecture of the national information system, satisfying standards on database and standards and technical regulations on information technology and econo-technical norms.

2. The national database on population is set up and managed by the Centers for National Database on Population of the Ministry of Public Security, Police Departments of provinces and centrally run cities and police offices of urban districts, rural districts, towns and provincial cities.

Article 6. Collection and updating of the national database on population

1. Information on a citizen which is collected and updated in the national database on population includes:

a/ Personal identification number;

b/ Portrait picture;

c/ Full name;

d/ Date of birth;

e/ Sex;

f/ Place of birth;

g/ Native place;

h/ Ethnicity;

i/ Religion;

j/ Nationality;

k/ Identity card;

l/ Passport;

m/ Health insurance card;

n/ Personal tax identification number;

o/ Educational level;

p/ Professional and technical qualifications and skills;

q/ Occupation, place of work;

r/ Marital status;

s/ Place of permanent residence;

t/ Present place of residence;

u/ Full names, personal identification numbers and nationality of parents and spouse;

v/ Full name of the householder, relationship with the householder, serial number of the household registration book.

2. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with concerned units in, proposing the Government to adjust and supplement citizens’ information collected and updated in the national database on population.

3. Modes of collection and updating of citizen’s information

a/ Collection and updating from specialized databases;

b/ Electronic declarations and forms;

c/ Standardization of available data on population;

d/ Other modes.

Article 7. Maintenance of the national database on population

1. To establish professional and control processes to maintain the national database on population.

2. To devise and apply information security and safety solutions.

3. To devise and apply synchronous solutions to copy, retrieve or restore data and those to assure the high performance and readiness of the system.

4. To organize an apparatus and full-time personnel for operating the national database on population.

5. To allocate sufficient and timely funds for setting up and operating the national database on population.

Article 8. Exploitation and use of the national database on population

1. Modes of exploitation and use of the national database on population include:

a/ Via the Internet;

b/ Via websites specified by the agency managing the national database on population;

c/ Via special-use networks;

d/ Filing fiches or documents of request;

e/ Entering into contracts between the agency managing the national database on population and exploiters or users of the national database on population under law.

2. Subjects and scope of exploitation and use

a/ Agencies which participate in setting up and maintaining the national database on population may  exploit the data on population under their management. The exploitation of data on population beyond the scope of their management must be approved by the agency managing the national database on population.

b/ State agencies and socio-political organizations may request the provision of relevant population-related information for their state management activities to meet socio-economic development requirements and assure national defense and security;

c/ Other agencies and organizations may request the provision of population-related information for their proper purposes;

d/ Citizens whose information has been registered on the national database on population may exploit and use such information;

e/ Individuals may request the provision of population-related information  for their proper purposes.

3. When requesting the provision of population-related information, entities defined at Points c and e, Clause 2 of this Article shall pay a fee.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, specifying payers, rates and management and use of the fee for providing data on population.

Article 9. Investment in the national database on population

1. Investment projects on the national database on population are prioritized by the Sate for synchronous investment.

2. Investment capital for the national database on population comes from the state budget and other lawful sources under law.

Chapter III

RESPONSIBILITIES AND POWERS OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN SETTING UP, MANAGEMENT, EXPLOITATION AND USE OF THE NATIONAL DATABASE ON POPULATION

Article 10. State management of the national database on population

1. The Government shall perform the unified state management of the national database on population.

The Ministry of Public Security shall take responsibility before the Government for performing the state management of the national database on population.

2. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their assigned tasks and powers, take responsibility before the Government for coordinating with the Ministry of Public Security in performing the state management of the national database on population and perform responsibilities and exercise powers specified in this Decree.

3. Provincial-level People’s Committees shall, within the ambit of their assigned tasks and powers, perform the state management of the national database on population and perform responsibilities and exercise powers specified in this Decree.

Article 11. Responsibilities and powers of the Ministry of Public Security

1. To submit to the Government for promulgation or promulgate according to its competence legal documents on the national database on population.

2. To set up and submit to the Government for consideration and approval or consider and approve according to its competence the model of organization, setting up and management of data on population.

3. To assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, establishing the process of collection, updating, exploitation, sharing and connection between related specialized databases and the national database on population.

4. To guide uniformly the setting up, collection, updating, maintenance, exploitation and use of the national database on population.

5. To perform other tasks assigned by the Government.

Article 12. Responsibilities and powers of ministries, ministerial-level agencies and government-attached agencies

1. To assume the prime responsibility for setting up, updating, sharing and connecting their relevant specialized data on population with the national database on population. To coordinate with the Ministry of Pubic Security in establishing the process of collection, updating, management, exploitation, sharing and connection between specialized databases and the national database on population.

2. The Ministry of Finance shall coordinate with the Ministry of Public Security in allocating regular funds for operation of the national database on population; and guide the collection of the charge for exploiting and using data from the national database on population.

3. The Ministry of Science and Technology and the Ministry of Information and Communications shall study and propose the elaboration of technical regulations and requirements on science and information technology for the national database on population.

4. The Ministry of Information and Communications shall study and formulate mechanisms and policies and address information technology issues related the national database on population.

5. The Ministry of Planning and Investment shall coordinate with the Ministry of Public Security and the Ministry of Information and Communications in allocating investment capital from the state budget to set up, and maintain the operation of, the national database on population.

Article 13. Responsibilities and powers of provincial-level People’s Committees

1. To direct local agencies and organizations in coordinating with Police Departments of provinces and centrally run cities in setting up, providing data, managing, exploiting and using the national database on population in their localities.

Police Departments of provinces and centrally run cities shall assist provincial-level People’s Committees in setting up, updating, maintaining and managing the national database on population under their management.

2. To work out plans on exploitation, updating, sharing, use and organization of information systems to conform and integrate with the national database on population.

Article 14. Responsibilities and powers of agencies, organizations and individuals in collection, updating and provision of data for the national database on population

1. To strictly observe the process of collection, updating and provision of data for the national database on population.

2. To assure the adequacy, accuracy and timeliness of data they provide.

3. To update and inform promptly personal data upon occurrence of any change or error.

4. To refrain from taking advantage of the data provision for self-seeking or data dispersal purposes.

5. To reject data provision requests in contravention of this Decree and relevant laws.

Article 15. Responsibilities and powers of agencies, organizations and individuals in exploitation and use of data from the national database on population

1. To adhere to the principles specified in Article 4 of this Decree and competent authorities’ regulations on management, exploitation and use of the national database on population.

2. To refrain from providing to a third party data provided by competent agencies for exploitation and use unless the agency managing the national database on population so permits.

3. To inform promptly the data management agency of errors in provided data.

4. To lodge complaints and denunciations against infringements of their right to exploit and use data under law on complaints and denunciations.

5. To receive compensations under law for damage caused by inaccurate data provided by data providers.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 16. Effect

This Decree takes effect on January 1, 2011.

Article 17. Implementation responsibility

1. The Minister of Public Security shall guide, inspect and urge the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG