Decree No. 37/2021/ND-CP amending and supplementing some articles of Decree No. 137/2015/ND-CP dated December 31, 2015 of the Government detailing certain provisions and measures to implement the Law on Identity Cards.

DECREE
Amending and supplementing certain Articles of Decree No. 137/2015/NĐ-CP
dated December 31, 2015 detailing certain provisions
and measures to implement the Law on Citizen Identity Cards

Pursuant to the Law on Government Organization on June 19, 2015; the Law amending and supplementing certain articles of the Law on Government Organization and the Law on Local Administration Organizationondated 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.

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

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures to implement the Law on Citizen Identity Cards.

Article 1. Amending and supplementing certain Articles of Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures to implement the Law on Citizen Identity Cards

1. Amending and supplementing Points e and h of Clause 2 of Article 3 as follows:

"e) Storing, backing up, synchronizing the system, recovering data; ensuring security and information safety within the Database;"

"h) Operating, adjusting, maintaining, and servicing the Database."

2. Amending Point b of Clause 2 and supplementing Point c into Clause 2 of Article 4 as follows:

"b) In cases where citizen information is collected from multiple sources that are inconsistent in content, when collecting citizen information, the competent authority specified in Article 5 of this Decree shall be responsible for coordinating with the civil registration office, relevant agencies, or citizens to verify the legality of such information and bear responsibility for its content;"

"c) Information about citizens that has been collected and updated into the National Population Database must be fully stored, reflecting the history of updates, changes, and adjustments."

3. Amending and supplementing Clause 4 and Clause 5 of Article 5 as follows:

"4. The Public Security Department at the district level shall be responsible for collecting, updating, and correcting citizen information residing in their locality into the National Population Database from household registers, archives, household registration databases, or household registration documents; from issuing, replacing, or reissuing citizen identity cards; and from processing registration, change, or adjustment procedures for citizen residence information in cases without a commune-level administrative unit;"

"5. The Public Security Department at the commune level shall be responsible for collecting, updating, and correcting citizen information residing within their jurisdiction into the National Population Database from processing registration, change, or adjustment procedures for citizen residence information; household registration databases or documents, and household registers. In cases where such information, documents, or materials about citizens are not available or incomplete, they shall be collected and updated from citizens through the Citizen Information Collection Form and the Citizen Information Update and Adjustment Form."

4. Amending and supplementing Clause 3 of Article 6 as follows:

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

5. Amending and supplementing Clause 4 of Article 7 as follows:

"4. The agency managing the National Population Database may refuse or stop connecting or sharing information with other agencies when such state agencies, political organizations, or political-social organizations fall under one of the circumstances prescribed in Decree No. 47/2020/NĐ-CP dated April 9, 2020 on managing, connecting, and sharing digital data of state agencies, and the following circumstances:

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, altering, deleting, destroying, or disseminating information in the National Population Database."

6. AMENDING AND SUPPLEMENTING ARTICLE 8 AS FOLLOWS:

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

1. Specialized database management agencies, state agencies, political organizations, and political-social organizations exploit information in the National Population Database to serve state management functions, tasks, and powers assigned to them through connecting and sharing information according to Article 7 of this Decree on the National Population Database, National Public Service Portal, Ministry of Public Security Public Service Portal, electronic single-window systems at the central and provincial levels, or by requesting information in writing.

2. Credit institutions, telecommunications service providers, mobile service providers, electronic signature certification service providers, notary offices, and other organizations entrusted with public services may exploit information in the National Population Database through the National Public Service Portal, Ministry of Public Security Public Service Portal, or by requesting information in writing or by other methods guided by the Ministry of Public Security.

3. Citizens may exploit their own information in the National Population Database by requesting information in writing or through messaging services, the National Public Service Portal, or the Ministry of Public Security Public Service Portal.

4. Organizations and individuals not covered by Clauses 1, 2, and 3 of this Article may exploit information in the National Population Database by requesting information in writing."

6 ||| 7. Amend and supplement Article 9 as follows:

"Article 9. Authority to Approve Exploitation of Information in the National Population Database

1. The head of the agency managing the National Population Database under the Ministry of Public Security has the authority to approve state agencies, political organizations, and political-social organizations at the central level; credit institutions; telecommunications and mobile service providers; and electronic signature certification service providers to exploit information in the National Population Database.

2. The Director of the Provincial Public Security Department has the authority to approve state agencies, political organizations, and political-social organizations at the provincial level; notary offices, and other organizations entrusted with public services within their jurisdiction to exploit information in the National Population Database."

3. The Head of the Police Department at the district level has the authority to permit state agencies, political organizations, political-social organizations at the district and commune levels, and other organizations with their main office within the management area specified in Clause 4, Article 8 of this Decree to exploit information in the National Population Database.

4. The Head of the Police Department at the commune level has the authority to permit individuals who have registered permanent residence or temporary residence within the management area specified in Clauses 3 and 4, Article 8 of this Decree to exploit information in the National Population Database."

8. Amending and supplementing Article 10 as follows:

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

1. Exploitation through a Request for Provision of Information

Agencies, organizations, and individuals with a request for provision of information in the National Population Database shall submit it to the authorized person specified in Article 9 of this Decree.

The request for provision of information must clearly state the reasons for exploiting and using information in the National Population Database; the time frame for exploitation, the information required to be exploited, and a commitment to bear responsibility for the use of the provided information.

Within three working days from the date of receipt of the request for provision of information in the National Population Database from agencies, organizations, and individuals, the authorized person specified in Article 9 of this Decree shall examine and decide on granting permission to exploit information in the National Population Database. In case of agreement to grant permission to exploit information, a reply letter and provision of information shall be issued to the agency, organization, or individual. In case of disagreement to grant permission to exploit information, a reply letter stating the reasons must be issued.

2. Exploitation through Messaging Services

Citizens shall exploit their own information in the National Population Database through messaging services according to the guidelines of the Ministry of Public Security.

3. Exploitation through the National Population Database, the National Public Service Portal, the Ministry of Public Security's Public Service Portal, and the Electronic One-Stop Service System at the ministry and provincial levels

a) Agencies and organizations specified in Clause 1, Article 8 of this Decree shall exploit information in the National Population Database through the National Population Database, the National Public Service Portal, the Ministry of Public Security's Public Service Portal, and the Electronic One-Stop Service System at the ministry and provincial levels according to the guidelines on connection, integration, and data sharing issued by the Ministry of Public Security;

b) Organizations and individuals specified in Clauses 2 and 3, Article 8 of this Decree shall exploit information in the National Population Database through the National Public Service Portal and the Ministry of Public Security's Public Service Portal according to the guidelines of the Ministry of Public Security;

c) The authorized person specified in Article 9 of this Decree shall examine and decide on granting permission to exploit information in the National Population Database for agencies, organizations, and individuals specified in this clause. In case of agreement to grant permission to exploit information, access rights to the National Population Database shall be provided to the agency, organization, or individual. In case of disagreement to grant permission to exploit information, a reply letter stating the reasons must be issued."

9. Amend and supplement Article 15 as follows:

"Article 15. Procedure for Issuing Personal Identification Numbers to Citizens Who Have Registered Birth

1. Citizens who have registered birth but have not been issued a personal identification number shall have such a number established by the agency managing the National Population Database based on the existing information in the National Population Database.

2. Immediately after establishing the personal identification number for the citizen, the agency managing the National Population Database shall issue a notification to the citizen regarding the established personal identification number and the current information about the citizen in the National Population Database. In cases where the citizen's information in the National Population Database is incomplete, the notification shall require the citizen to supplement the information to the Police Station, Ward, or Town where they reside for updating and correcting the information in the National Population Database.

3. In cases where citizens already have a personal identification number but have had their gender or year of birth re-determined or corrected, the agency managing the National Population Database shall re-establish the personal identification number for the citizen after they have completed the relevant household registration procedures concerning gender and year of birth as stipulated by the law on household registration. The agency managing the National Population Database shall issue a notification to the citizen regarding the re-established personal identification number.

4. The agency issuing the Citizen Identity Card shall use the personal identification number established by the agency managing the National Population Database for the citizen to issue the Citizen Identity Card in accordance with Article 18 of this Decree."

Article 2. Effective Date

This Decree takes effect from May 14, 2021.

Article 3. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.