Decree No. 137/2015/ND-CP detailing certain provisions and measures for implementing the Law on Citizen Identification Cards

DECREE

Article 24detailing certain provisions and

 measures to implement theLaw on Citizen Identification Cards

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||| Based on the Government Organization Law on December 19, approved by the Government on January 25,2001;

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

Upon 2006;

The Government promulgates this Decree detailing certain provisions and measures to implement the Law on Citizen Identification Cards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions regarding the collection, updating, correction, connection, sharing, exploitation, and use of information in the National Population Database; backup, recovery of national population data and citizen identification cards; the structure of individual identification numbers, procedures, and formalities for issuing individual identification numbers, and measures to implement the Law on Citizen Identification Cards including building the National Population Database, canceling individual identification numbers, issuing, replacing, reissuing, revoking, and temporarily holding citizen identification cards, and responsibilities in implementing this Decree.

Article 2. Applicability

This Decree applies to Vietnamese citizens; agencies, organizations, and individuals related to the National Population Database and citizen identification cards.

Chapter II

CONSTRUCTION, COLLECTION, UPDATE, CORRECTION,

CONNECTION, SHARING, EXPLOITATION, AND USE OF INFORMATION IN

THE NATIONAL POPULATION DATABASE

Article 3. Construction of the National Population Database

1. The National Population Database is a single database system established at the National Population Database Center under the Ministry of Public Security, connected uniformly and synchronously to provincial public security offices (hereinafter referred to as provincial-level public security offices), district-level public security offices, and commune-level public security offices.

2. Construction of the National Population Database includes the following activities:

a) Arranging floor space, constructing works, installing machinery and equipment;

b) Equipping necessary facilities;

c) Establishing telecommunication networks, internet networks, and computer networks for the database;

d) Organizing the database;

đ) Collecting, standardizing, and entering data;

e) Storing, securing, and ensuring information safety within the database;

g) Training, instructing, and nurturing staff managing and operating the database;

h) Testing and adjusting the database.

i) Other activities as prescribed by law.

Article 4. Sources of Information, Requirements, and Order of Collection and Updating Citizen Information in the National Population Database

1. Information about citizens collected and updated in the National Population Database comes from the following sources:

a) Registers and archives of household registration books, citizen identification card archives;

b) Residence databases, citizen identification card databases, civil status databases;

c) National databases and other specialized databases;

d) Collection from citizens.

2. The collection and updating of citizen information in the National Population Database must meet the following requirements:

a) Information about citizens can only be collected and updated in the National Population Database if it has been verified to be accurate;

b) In cases where citizen information collected and updated from multiple sources is inconsistent, the competent authority specified in Article 5 of this Decree shall verify the legality of such information before collecting and updating it in the National Population Database and bear responsibility for the content of the information.

3. Information about citizens collected and updated into the database by the management agency of the National Population Database is as follows:

a) Information about citizens collected and updated from registers and archives of residence, household registration book archives, citizen identification card archives, residence databases, and citizen identification card databases;

b) Where the registers and archives and databases specified in Point a Clause 3 are not available or incomplete, information is collected and updated from the civil status database;

c) Where information about citizens cannot be collected and updated according to Points a and b Clause 3, it is collected and updated from citizens or from other national databases or specialized databases.

Article 5. Responsibility for collecting and updating information about citizens

1. Management agencies, household registration agencies, and Vietnamese representative offices abroad shall be responsible for immediately updating household registration information of citizens to the National Population Database management agency when there is new household registration data.

2. The management agency of the National Population Database under the Ministry of Public Security shall be responsible for organizing the collection and updating of citizen information into the National Population Database from the Residence Database, Citizen Identity Card Database, Household Registration Database, other national databases, and specialized databases.

3. Provincial public security agencies shall be responsible for processing and standardizing existing population data at the local level to update into the National Population Database; collecting and updating citizen information residing in the locality from the citizen identity card database into the National Population Database.

4. County-level public security agencies shall be responsible for collecting and updating citizen information residing in the locality from residence management records, household registration files, and from citizens into the National Population Database.

5. Police stations, wards, towns shall be responsible for collecting data on citizens residing within their jurisdiction from residence management records, household registration records, and from citizens, and transferring it to county-level public security agencies.

6. Citizens, agencies, and organizations shall have the responsibility and obligation to collect, update, and provide citizen information according to Clause 2, Article 5 and Clause 1, Article 13 of the Law on Citizen Identity Cards.

Article 6. Amending citizen information in the National Population Database

1. Amending citizen information in the National Population Database is the adjustment of citizen information when there is a change or error during the process of collecting, updating, and managing citizen information in the database.

2. Amending citizen information must ensure the following requirements:

a) Information about citizens can only be amended when changes or errors are discovered during the process of collecting, updating, and managing citizen information in the National Population Database;

b) There must be a written document from the authorized person regarding the change of citizen information related to the information in the National Population Database;

c) Only the authorized persons specified in Clause 3 of this Article may amend citizen information.

3. The heads of agencies specified in Clauses 2, 3, and 4 of Article 5 of this Decree shall be responsible for checking the legality and accuracy of the information before amending information in the National Population Database, deciding on the amendment of citizen information in the database, and bearing responsibility for such amendments.

Article 7. Connecting and sharing information with the National Population Database

1. Other national databases and specialized databases shall connect with the National Population Database through telecommunications networks, the Internet, and computer networks to collect, update, share, exploit, and use citizen information.

2. Other national databases and specialized databases shall connect with the National Population Database if they meet the following conditions:

a) Having infrastructure for connection;

b) Meeting the connection standards as stipulated in Clause 4 of this Article.

3. Procedures for connecting and sharing information with the National Population Database are as follows:

a) Management agencies of other national databases and specialized databases shall submit a written request to connect and share information with the National Population Database to the management agency of the National Population Database under the Ministry of Public Security, clearly stating their functions, tasks, authorities granted, scope, purpose, content of information, and number of information fields to be shared;

b) The management agency of the National Population Database under the Ministry of Public Security shall decide on the connection between national databases and specialized databases and the National Population Database based on the connection conditions stipulated in Clause 2 of this Article and the functions, tasks, and authorities of the management agencies of other national databases and specialized databases;

c) Within seven working days from the date of receipt of the request for connection and information sharing, the management agency of the National Population Database under the Ministry of Public Security shall decide on the connection and information sharing with the National Population Database; if it does not agree to connect and share information in cases stipulated in Clause 4 of this Article, it must respond in writing and specify the reasons.

4. The management agency of the National Population Database may refuse or stop an agency or organization from connecting and sharing information when that agency or organization falls into one of the following situations:

a) The request for connection and sharing of information does not clearly specify the functions, tasks, and powers related to the exploitation and use of citizen information in the database;"

b) The request for connection and sharing of information does not clearly specify the scope and purpose of exploiting and using citizen information in the database;"

c) Disclosing confidential information belonging to the National Population Database;"

d) Unauthorized access, alteration, deletion, destruction, or dissemination of information in the National Population Database.

5. The Ministry of Information and Communications shall take the lead and coordinate with the Ministry of Public Security and the Ministry of Science and Technology to guide technical standards and specifications for information technology connections between the National Population Database and other national databases and specialized databases.

Article 8. Forms of Exploiting Information in the National Population Registry Database

1. Management agencies of the national database, specialized databases, state agencies, political organizations, and socio-political organizations may exploit information in the National Population Registry Database within their functional scope, tasks, and authorities through the following forms:

a) Connecting telecommunications networks and computer networks to the National Population Registry Database;

b) Through the electronic portal specified by the management agency of the National Population Registry Database;

c) Requesting documents.

2. Citizens may exploit their own information in the National Population Registry Database through administrative procedures, requests for information exploitation, or telecommunication services.

3. Organizations and individuals not covered under Clause 1 and Clause 2 of this Article who have a need to exploit information in the National Population Registry Database must submit a request in writing and obtain the consent of the management agency of the National Population Registry Database in accordance with the law.

Article 9. Authority to Permit Exploitation of Information in the National Population Registry Database

1. Provincial Public Security Directors and County Public Security Chiefs have the authority to permit the exploitation of information about citizens residing in their respective localities.

2. The head of the management agency of the National Population Registry Database under the Ministry of Public Security has the authority to permit the exploitation of citizen information nationwide.

Article 10. Procedures for Exploiting Information in the National Population Registry Database

1. Organizations and individuals specified in Clause 1 and Clause 3 of Article 8 of this Decree who have a need to exploit information in the National Population Registry Database shall submit a request in writing to the management agency of the National Population Registry Database as stipulated in Article 9 of this Decree.

Within five working days from the date of receipt of the request, the competent management agency of the National Population Registry Database shall decide on granting permission to exploit information in the National Population Registry Database.

2. When citizens require the exploitation of their own information in the National Population Registry Database while performing administrative procedures, they shall present their Identity Card or Citizen Identification Card. The administrative procedure handling agency shall immediately provide information to the citizen during the administrative procedure resolution.

In cases where citizens request the provision of information about themselves in writing to the management agency of the National Population Registry Database or through telecommunication services, upon receiving the request, the management agency of the National Population Registry Database shall be responsible for providing information to the citizen immediately.

3. In cases where the management agency of the National Population Registry Database refuses to provide information about citizens to organizations or individuals, within five working days from the date of receipt of the request, it must inform the organization or individual concerned and specify the reasons.

Article 11. Utilization of Information about Citizens in the National Population Registry Database

1. The utilization of information about citizens in the National Population Registry Database must ensure state secrets, personal secrets, family secrets, and the private lives of citizens.

2. Management agencies of the national database, specialized databases, state agencies, political organizations, and socio-political organizations may only use information about citizens in the National Population Registry Database to perform assigned functions, tasks, and authorities or to resolve administrative procedures.

Article 12. Backup and Recovery of National Population Data

1. Backup is the responsibility of the managing agency to ensure the integrity of population data on the system.

National population data is regularly backed up at the data management agency of the Ministry of Public Security and stored as a backup at the backup center.

2. Recovery of national population data is the process of restoring data to the point before it was damaged, malfunctioned, or incorrectly adjusted.

National population data is recovered when data is destroyed, attacked by cyber means, or accessed illegally.

Chapter III

STRUCTURE, PROCEDURE FOR ISSUANCE AND REVOCATION OF PERSONAL IDENTIFICATION NUMBERS

 ISSUANCE AND REVOCATION OF PERSONAL IDENTIFICATION NUMBERS

Article 13. Structure of Personal Identification Numbers

A personal identification number consists of a natural sequence of 12 digits, structured as follows: 6 digits for the century code, gender code, and birth year of the citizen, 2 digits for the province, centrally-administered city, or country code where the citizen registered their birth, and 4 random digits.

Article 14. Procedure for Issuing Personal Identification Numbers for Citizens Registering Births

1. In cases where the Electronic Household Registry Database has been connected to the National Population Database, upon receiving all necessary documents for registering births, the managing and registration agencies of the electronic household registry database shall immediately transfer information about the person being registered for birth to the National Population Database; this includes collecting the following information to issue a personal identification number:

a) Family name, middle name, and given name at birth;

b) Date of birth;

c) Gender;

d) Place of birth registration;

đ) Place of origin;

e) Ethnicity;

g) Citizenship;

h) Family name, middle name, and given name, citizenship of father, mother, or legal representative; except in cases where the father, mother, or legal representative cannot be determined.

The head of the National Population Database Management Agency of the Ministry of Public Security is responsible for checking the information and documents according to Point b Clause 3 Article 13 of the Law on Identity Cards, issuing and immediately transferring the personal identification number to the managing and registration agencies of the household registry.

2. In cases where the National Population Database has not yet commenced operations or the Electronic Household Registry Database has not been connected to the National Population Database, upon receiving the application for birth registration from citizens, the managing and registration agencies of the household registry shall immediately transfer the information according to Clause 1 of this Article to the managing agency of the National Population Database through the internet account provided for access.

The managing agency of the National Population Database is responsible for providing access accounts to the managing and registration agencies of the household registry, and immediately transferring the personal identification number of the citizen to the managing and registration agencies of the household registry upon receiving the birth registration information through the internet. The managing and registration agencies of the household registry are responsible for securing the access account in accordance with the laws on protecting state secrets.

Article 15. Procedure for Issuing Personal Identification Numbers for Citizens Who Have Registered Births and Residences

1. For citizens who have registered births and residences but have not yet received a personal identification number as prescribed, when applying for a Citizen Identity Card, the managing agency of citizen identity cards shall collect and transfer information about the citizen according to Clause 1 Article 9 of the Law on Identity Cards to the managing agency of the National Population Database of the Ministry of Public Security; this includes at least the information prescribed in Clause 1 of this Decree and the following information to issue a personal identification number:

a) Place of permanent residence;

b) Family name, middle name, and given name, personal identification number or ID card number of the household head, relationship with the household head.

2. The managing agency of the National Population Database of the Ministry of Public Security shall check the citizen's information, issue and immediately transfer the personal identification number to the agency issuing the Citizen Identity Card.

Article 16. Revocation of Assigned Personal Identification Numbers

1. When discovering errors in personal identification numbers assigned due to incorrect entry of citizen information, the head of the National Population Registry Management Agency under the Ministry of Public Security shall issue a decision to revoke such personal identification numbers and reassign new ones to citizens; organizations shall implement adjustments to personal identification numbers and citizen information in the National Population Registry, Citizen Identity Card Database, and related files and archives.

2. The National Population Registry Management Agency shall be responsible for notifying citizens and household registration management agencies about the revocation and reassignment of personal identification numbers for citizens to process related document and household registration data adjustments; issuing certificates confirming the revocation and reassignment of personal identification numbers upon request from citizens, agencies, and organizations.

Chapter IV

BACKUP AND RESTORE OF CITIZEN IDENTITY CARD DATA

AND MANAGEMENT OF CITIZEN IDENTITY CARDS

Article 17. Backup and Restore of Citizen Identity Card Data

1. Citizen identity card data shall be backed up and stored at the Citizen Identity Card Management Agency under the Ministry of Public Security.

2. Restoration of citizen identity card data shall be carried out when incidents occur that damage active data.

Storage devices containing citizen identity card data that are faulty or damaged must be handed over to repair and maintenance organizations or individuals with supervision by specialized personnel within the Public Security sector and approval from the head of the Citizen Identity Card Management Agency under the Ministry of Public Security; old storage devices must be retained for management when replaced.

Article 18. Citizens Entitled to Receive Citizen Identity Cards

Vietnamese citizens aged 14 years or older who have registered permanent residence are entitled to receive citizen identity cards. Age calculation is based on the date of birth of the citizen in the National Population Registry; if the date of birth is not recorded in the National Population Registry, it shall be determined based on the original birth certificate or household registration book.

Article 19. Recovery and Temporary Detention of Citizen Identity Cards

1. Recovery of Citizen Identity Cards:

a) Citizen Identity Card Management Agencies at all levels authorized to recover citizen identity cards according to Clause 1, Article 28 of the Citizen Identity Card Law shall do so upon receiving notifications regarding the revocation of citizenship, termination of Vietnamese citizenship, or cancellation of decisions to grant Vietnamese citizenship, and transfer them to the Citizen Identity Card Archive;

b) The recovery of citizen identity cards must be documented, provided to the person whose card is being recovered, and recorded in ledgers; recovered citizen identity cards must be preserved and kept together with the issuance file in the Citizen Identity Card Archive.

2. Temporary Detention of Citizen Identity Cards:

a) The head of the agency executing temporary detention orders, temporary imprisonment orders, penal institutions, educational facilities, and compulsory drug rehabilitation centers shall decide to temporarily detain citizen identity cards in cases stipulated in Clause 2, Article 28 of the Citizen Identity Card Law;

b) The temporary detention of citizen identity cards must be documented, provided to the person whose card is being detained, and recorded in ledgers;

c) Citizens shall be returned their citizen identity cards upon completion of the temporary detention period, completion of imprisonment sentences, or completion of decisions to place in educational facilities or compulsory drug rehabilitation centers. The return of the card must be documented and provided to the recipient.

Chapter V

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Decree takes effect from February 15, 2016, and replaces Decree No. 90/2010/NĐ-CP dated August 18, 2010, concerning the National Population Registry.

Article 21. Responsibility for Implementation

1. The Minister of Public Security is responsible for specifying the procedures for issuing, replacing, and reissuing citizen identity cards; the process for correcting citizen information in the National Population Registry; detailed regulations on personal identification number codes; and supervising, inspecting, and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.