Decision No. 34/2021/QD-TTg on electronic identification and authentication on the National Population Database, Citizen Identity Card Database, and National Border Control Database.

Pursuant to …;
Regulations on electronic identification and authentication on the National Population Database, National Identity Card Database, and National Entry-Exit Database.
National Population Database, National Identity Card Database, and National Entry-Exit Database.
and the National Database on Entry and Exit

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

The Minister of National Defense hereby issues this Circular amending and supplementing certain articles of normative legal documents within the competence to issue of the Minister of National Defense related to the declaration of personal information when performing administrative procedures.

Pursuant to the Law on Entry into, Exit from, Transit through, and Residence of Foreigners in Vietnam dated June 16, 2014;

Pursuant to the Law amending and supplementing some articles of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated November 25, 2019;

Pursuant to the Investment Law dated June 17, 2020;

Pursuant to Decree No. 45/2020/NĐ-CP dated April 8, 2020, issued by the Government on implementing administrative procedures in an electronic environment;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Prime Minister issues a Decision regulating electronic identification and authentication on the National Population Database, National Identity Card Database, and National Entry-Exit Database.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision regulates electronic identification and authentication for Vietnamese citizens and foreigners in Vietnam on the National Population Database, National Identity Card Database, and National Entry-Exit Database; rights, obligations, and responsibilities of agencies, organizations, and individuals related to these databases.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. Electronic identity is a set of digital data in the National Population Database, National Identity Card Database, and National Entry-Exit Database that allows for the unique identification of an individual in an electronic environment.

2. Subject of electronic identity is an individual identified with the electronic identity.

3. Electronic identification is the activity of collecting, establishing, attaching electronic identity to an individual, and managing electronic identity.

4. Electronic authentication is the verification and confirmation by competent authorities that the user of electronic identity is the subject of electronic identity.

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

6. Electronic identification and authentication system is a system built and managed by the Ministry of Public Security to process requests for registration, issuance, management of electronic identification, and electronic authentication.

7. Electronic identification account is a set including login name, password, or other forms of authentication established by the Ministry of Public Security's Electronic Identification and Authentication System.

8. Service user is an individual or organization using electronic identity, electronic identification account, or electronic authentication.

Article 3. Principles of Implementation

1. Individuals and organizations exploiting and using electronic identity must comply with privacy rights, personal data protection, and security of electronic identification account information.

2. Registration, use, provision, and management of electronic identity and electronic identification account must ensure accuracy, safety, and security.

3. Level 2 electronic identification account has equivalent value to the national identity card, passport, or international travel document decided by the service user.

4. Electronic identification and authentication are services provided to serve the convenience of individuals.

Chapter II

ELECTRONIC IDENTITY, LEVELS OF ACCOUNT
ELECTRONIC IDENTIFICATION

Article 4. Electronic Identity

1. Electronic identity of Vietnamese citizens includes:

a) Individual identification number;

b) Surname, middle name, and given name;

c) Date of birth;

d) Gender;

đ) Facial image and fingerprints.

2. Electronic identity of foreigners includes:

a) Passport number or number of international travel document;

b) Surname, middle name, and given name;

c) Date of birth;

d) Gender;

đ) Nationality;

e) Facial image and fingerprints (if available).

Article 5. Levels of Electronic Identification Account

1. Levels of electronic identification account include:

a) Level 1: Account created when citizen's declared information has been automatically compared and matched with information in the National Population Database. Account created when foreigner's information has been compared and matched with information in the National Entry-Exit Database, except for facial image and fingerprints;

b) Level 2: Account created when individual's declared information has been verified by facial image or fingerprint matching with information in the National Population Database, National Identity Card Database, or National Entry-Exit Database.

2. Selection of electronic identification account level is decided by the service user.

Chapter III

REGISTRATION AND ACTIVATION OF ELECTRONIC IDENTIFICATION ACCOUNT

Article 6. Registration for Electronic Identity Account

1. Individuals aged 14 years or older shall register for an electronic identity account through the electronic identification application.

2. For individuals under the age of 14, registration shall be made under the electronic identity account of their parent or guardian.

3. For individuals under the guardianship of another person, registration shall be made under the electronic identity account of their guardian.

4. The information to be declared when registering for an electronic identity account on an electronic device includes:

a) Personal identification number; passport number or international travel document (for foreign nationals);

b) Surname, middle name, and given name;

c) Date of birth;

d) Gender;

d) Nationality (for foreign nationals);

e) Telephone number, email address;

g) In cases where registration is made for individuals under the age of 14, individuals without civil capacity, or individuals with difficulties in understanding and controlling their actions, additional information as specified at points a, b, c, d, and đ of Clause 4 of Article 6 of this Decision shall be declared.

Article 7. Activation of Electronic Identity Account

1. Activation of Level 1 Electronic Identity Account shall be carried out as follows:

a) When a Vietnamese citizen registers for an electronic identity account, the Electronic Identification and Authentication System automatically compares and matches the information declared by the citizen at points a, b, c, and d of Clause 4 of Article 6 of this Decision with the information in the National Population Database; if there is a match, it will create a Level 1 electronic identity account and send an activation request to the registrant via the registered telephone number or email address; the registrant shall activate the account according to the system's requirements;

b) When a foreign national registers for an electronic identity account, the Electronic Identification and Authentication System automatically compares and matches the information declared by the foreign national at points a, b, c, d, and đ of Clause 4 of Article 6 of this Decision with the information in the National Entry-Exit Database; if there is a match, it will create a Level 1 electronic identity account and send an activation request to the registrant via the registered telephone number or email address; the registrant shall activate the account according to the system's requirements.

2. Activation of Level 2 Electronic Identity Account shall be carried out as follows:

a) When a Vietnamese citizen registers for an electronic identity account, the Electronic Identification and Authentication System automatically compares and matches the information declared by the registrant at points a, b, c, and d of Clause 4 of Article 6 of this Decision with the information in the National Population Database and compares and matches with the registrant’s facial image or fingerprints; if there is a match, it will create a Level 2 electronic identity account and send an activation request to the registrant via the registered telephone number or email address; the registrant shall activate the account according to the system's requirements;

b) When a foreign national registers for an electronic identity account, the Electronic Identification and Authentication System automatically compares and matches the information declared by the registrant at points a, b, c, d, and đ of Clause 4 of Article 6 of this Decision with the information in the National Entry-Exit Database and compares and matches with the registrant’s facial image or fingerprints; if there is a match, it will create a Level 2 electronic identity account and send an activation request to the registrant via the registered telephone number or email address; the registrant shall activate the account according to the system's requirements.

Chapter IV

MANAGEMENT AND USE OF ELECTRONIC IDENTITY ACCOUNT

Article 8. Use of electronic identity accounts

1. The creation of an electronic identity account for individuals to perform administrative procedures on an electronic environment must use an electronic identity provided by the Ministry of Public Security. The use of an electronic identity account established by the Ministry of Public Security's Electronic Identity and Authentication System to perform administrative procedures on an electronic environment shall be decided by the management agency of the National Public Service Portal.

2. The use of an electronic identity account and electronic authentication account established by the Ministry of Public Security's Electronic Identity and Authentication System to perform activities not covered under Clause 1 of this Article shall be chosen and used by organizations and individuals.

Article 9. Updating electronic identity

1. When there is a change in electronic identity information, the National Population Database, the National Citizen Identification Database, and the National Entry-Exit Database will update and synchronize information with the Electronic Identity and Authentication System and notify the individual whose electronic identity has changed.

2. In cases where changes in electronic identity information have not been adjusted in the National Population Database, the National Citizen Identification Database, and the National Entry-Exit Database, such adjustments shall be made in accordance with the provisions of the law.

Article 10. Locking electronic identity accounts

1. When the electronic identity subject requests to lock their electronic identity account.

2. When requested by judicial authorities, competent authorities, or service users.

3. When the electronic identity subject violates the terms of service agreed upon with the authority issuing the electronic identity account.

4. When re-establishing or canceling personal identification numbers.

5. When the electronic identity subject dies.

Article 11. Restoring locked electronic identity accounts

1. When the electronic identity subject requests to restore an electronic identity account previously locked according to Clause 1 of Article 10 of this Decision.

2. When judicial authorities, competent authorities, or service users request to restore an electronic identity account that was previously locked according to Clause 2 of Article 10 of this Decision.

3. When the electronic identity subject has remedied the violation stipulated in Clause 3 of Article 10 of this Decision and requests to restore the electronic identity account.

Chapter V

RIGHTS, OBLIGATIONS OF SERVICE USERS
AND RESPONSIBILITIES OF MINISTRIES, MINISTRY-EQUIVALENT ORGANIZATIONS,
GOVERNMENT-RELATED AGENCIES, PROVINCE PEOPLE'S COMMITTEES,
DIRECTLY-GOVERNED CITIES

Article 12. Rights and obligations of service users

1. Individuals registering for electronic identity, having an electronic identity account:

a) Adhere to regulations on electronic identity registration and electronic authentication; use the electronic identity account to perform administrative procedures on an electronic environment and other electronic transactions;

b) Provide and be responsible for the documents and information provided to the competent authority to create an electronic identity account;

c) Manage and secure information about the electronic identity account, not allowing others to use their electronic identity account, ensuring safe use of the electronic identity account;

d) Be responsible for transactions carried out and the regulations of related parties concerning electronic transactions;

đ) Receive notifications regarding the operational status of the electronic identity account.

2. Other organizations and individuals using electronic identity accounts or electronic authentication:

a) Ensure technological infrastructure, safety, and security for connecting and using electronic authentication services;

b) Choose the level of electronic identity account for each service provided on an electronic environment;

c) Protect personal data in accordance with the law.

Article 13. Responsibilities of the Ministry of Public Security

1. Establish, manage, protect, and operate the Electronic Identity and Authentication System to ensure smooth, continuous, stable, safe, and secure operation during the performance of administrative procedures on an electronic environment; apply electronic identity accounts in disaster prevention, disease control, and other tasks assigned by the Government and Prime Minister.

2. Implement state management measures regarding electronic identities, identity and authentication activities.

3. Inspect and check the use of electronic identity and authentication services provided by the Ministry of Public Security.

4. Resolve complaints and reports, guide individuals on electronic identity registration and management.

5. Cease providing electronic authentication services when the user system does not ensure technological infrastructure connectivity and safety, security.

6. Connect and integrate the Electronic Identity and Authentication System with the National Public Service Portal's Electronic Identity Exchange Platform to serve administrative procedure resolution and online public service provision in accordance with the law.

7. Take the lead in coordinating with the Ministry of Information and Communications, the Ministry of Defense to ensure information security for the Electronic Identity and Authentication System.

8. Take the lead and coordinate with the Ministry of Defense to evaluate cryptographic security for electronic identity and authentication service users.

9. Protect personal data in accordance with the law.

10. Take the lead and coordinate with the Ministry of Information and Communications to unify connection and sharing plans to use electronic identities and electronic identity accounts provided and created by the Ministry of Public Security's Electronic Identity and Authentication System; ensure information security, safety, and stability.

Article 14. Responsibilities of the Ministry of Information and Communications

1. Guide the application of technical standards and norms in electronic identity and authentication activities.

2. Coordinate with the Ministry of Public Security in implementing management measures for electronic identity and authentication activities.

Article 15. Responsibilities of the Ministry of National Defense

1. Guide the application of civil cryptographic standards and technical regulations used in electronic identification and authentication activities.

2. Coordinate with the Ministry of Public Security to ensure the security and confidentiality of information for the Electronic Identification and Authentication System.

3. Coordinate with the Ministry of Public Security to utilize electronic identities and electronic identification accounts in providing specialized digital signature services.

Article 16. Responsibilities of ministries, ministerial-level agencies, government agencies, provincial People's Committees, and centrally governed city People's Committees

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

2. Coordinate with the Ministry of Public Security to unify connection and sharing plans to use electronic identities and electronic identification accounts provided and established by the Ministry of Public Security's Electronic Identification and Authentication System; ensure the confidentiality, security, and information security.

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Effective Date

This Decision takes effect from November 9, 2021.

Article 18. Transitional Provisions

1. For individual electronic identification accounts that have been established by the National Public Service Portal or ministry/provincial public service portals before this Decision takes effect, they must be verified with the electronic identity provided by the Ministry of Public Security by January 1, 2023.

2. From the date this Decision takes effect until January 1, 2023, if the National Public Service Portal, ministry-level public service portals, and provincial public service portals are not yet ready to connect with the Ministry of Public Security's Electronic Identification and Authentication System, the creation of accounts to perform administrative procedures in an electronic environment will continue to use electronic identities provided by organizations that have connected and integrated with the National Public Service Portal's Digital Identity Exchange Platform.

Article 19. Responsibility for Implementation

1. The Ministry of Public Security is responsible for guiding, inspecting, and urging the implementation of this Decision.

2. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial People's Committees, and centrally governed city People's Committees are responsible for implementing this Decision.