Decree No. 90/2010/NĐ-CP on the National Population Database

DECREE

Provisions on the National Population Database

______________________________

THE GOVERNMENT

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

Based on the Law on Residence dated November 29, 2006;

Pursuant to the Population Ordinance dated January 9, 2003;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the construction, updating, maintenance, management, exploitation, and use of the National Population Database; responsibilities and authorities of agencies, organizations, and individuals in constructing, managing, and exploiting the National Population Database.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to the construction, collection, updating, maintenance, exploitation, and use of the National Population Database.

Article 3. The National Population Database

1. The National Population Database is a collection of basic information about Vietnamese citizens that is constructed, updated, and maintained for management, exploitation, and use through electronic means.

2. The National Population Database is uniformly constructed nationwide for shared use by agencies, organizations, and individuals to provide accurate and timely basic information about the population to serve state management work, meet economic and social development needs, and legitimate citizen requirements.

Article 4. Principles for Constructing, Updating, Maintaining, Exploiting, Managing, and Using the National Population Database

1. Compliance with legal provisions on residence, household registration, nationality, population, state secrets protection, personal privacy protection, information technology, electronic transactions, and other relevant legal provisions.

2. Information data on the population must be collected, updated, maintained, exploited, and used to ensure completeness and accuracy.

3. Ensuring the right of organizations and individuals to timely, full access and proper use of information within the National Population Database according to legal regulations.

4. The National Population Database must be strictly managed to ensure information security and long-term storage.

Chapter II

CONSTRUCTION, COLLECTION, UPDATING, MAINTENANCE, EXPLOITATION, USE, AND INVESTMENT FOR THE NATIONAL POPULATION DATABASE

Article 5. Construction of the National Population Database

1. The National Population Database is constructed in accordance with the national information system architecture, meeting database standards and technical, information technology, and economic-technical norms.

2. The National Population Database is constructed and managed at the National Population Database Center under the Ministry of Public Security, provincial public security departments, and district, county, city, and provincial-level city public security departments.

Article 6. Collection and Updating of the National Population Database

1. Citizen information collected and updated in the National Population Database includes:

a) Individual identification number;

b) Portrait photograph;

c) Name;

d) Date of birth;

đ) Gender;

e) Place of birth;

g) Native place;

h) Ethnicity;

i) Religion;

k) Nationality;

l) Identity card;

m) Passport;

n) Health insurance card;

o) Personal tax code;

p) Educational level;

q) Professional qualification;

r) Occupation, workplace;

s) Marital status;

t) Permanent residence;

u) Current address;

v) Name, personal identification number, nationality of father, mother, spouse;

x) Head of household's name, relationship with head of household, household registration book number.

2. The Ministry of Public Security takes the lead, coordinating with relevant units to propose the Government to adjust and supplement citizen information collected and updated in the National Population Database.

3. Forms of collecting and updating citizen information

a) Collecting and updating from specialized databases;

b) Electronic declaration forms;

c) Standardizing existing resident data;

d) Other forms.

Article 7. Maintaining the National Population Database

1. Establishing business processes and control measures to maintain the National Population Database.

2. Developing and implementing security and information safety solutions.

3. Developing and implementing comprehensive backup, disaster recovery, and data restoration solutions, as well as solutions to ensure high operational performance and system readiness.

4. Organizing specialized staff to operate the National Population Database.

5. Ensuring adequate and timely funding for the construction and operation of the National Population Database.

Article 8. Exploitation and Utilization of the National Population Database

1. Forms of exploitation and utilization of the National Population Database include:

a) On the Internet;

b) Through electronic information websites prescribed by the agency managing the National Population Database;

c) Through dedicated networks;

d) Through request forms or written requests;

c) By contract between the agency managing the National Population Database and the party exploiting and utilizing population data in accordance with the law.

2. Subjects and Scope of Exploitation and Utilization

a) Agencies participating in building and maintaining the National Population Database have the right to exploit population data within their management scope. Exploitation of population data outside their management scope must be approved by the competent authority managing the National Population Database;

b) State agencies and social-political organizations have the right to request provision of population information relevant to state management tasks, to meet socio-economic development needs, and to ensure national defense and security;

c) Other agencies and organizations have the right to request provision of population information for legitimate purposes;

d) Citizens who have registered their information in the National Population Database have the right to exploit and utilize their registered information;

e) Individuals have the right to request provision of population information for legitimate purposes.

3. Subjects under points c and e of Clause 2 of this Article must pay fees when requesting population information.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Public Security to specify the subjects, rates of collection, and management and use of fees for providing population data.

Article 9. Investment in the National Population Database

1. Projects investing in the National Population Database are prioritized for state investment in a comprehensive manner.

2. Sources of investment for the National Population Database shall be implemented through the state budget and other lawful sources as stipulated by law.

Chapter III

RESPONSIBILITIES AND LIMITS OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE CONSTRUCTION, MANAGEMENT, EXPLOITATION, AND UTILIZATION OF THE NATIONAL POPULATION DATABASE

Article 10. State Management of the National Population Database

1. The Government exercises unified state management over the National Population Database.

The Ministry of Public Security is responsible before the Government for performing state management functions over the National Population Database.

2. Ministries, ministerial-level agencies, and government agencies within their assigned tasks and authorities are responsible before the Government for coordinating with the Ministry of Public Security in state management of the National Population Database and fulfilling the responsibilities and authorities prescribed in this Decree.

3. People's Committees of provinces and centrally-administered cities within their assigned tasks and authorities are responsible for state management of the National Population Database within their jurisdiction and fulfilling the responsibilities and authorities prescribed in this Decree.

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

1. Submit to the Government for issuance or issue within its authority consolidated documents governing the National Population Database.

2. Develop and submit to the Government for consideration and approval or consider and approve within its authority the organizational model, construction, and management of population data.

3. Take the lead and coordinate with other Ministries, ministerial-level agencies, and government agencies in establishing procedures for collecting, updating, utilizing, sharing, and connecting specialized databases related to the National Population Database.

4. Uniformly guide the construction, collection, updating, maintenance, utilization, and use of the National Population Database.

5. Perform other responsibilities assigned by the Government.

Article 12. Responsibilities and Authorities of Ministries, Ministerial-Level Agencies, and Government Agencies

1. Lead the construction, updating, sharing, and connection of specialized data related to population managed by their agencies to the National Population Database. Coordinate with the Ministry of Public Security to establish procedures for collecting, updating, managing, utilizing, sharing, and connecting specialized databases with the National Population Database.

2. The Ministry of Finance shall be responsible for coordinating with the Ministry of Public Security to allocate regular funding for the operation of the National Population Database system; guide the fee collection and use of data from the National Population Database.

3. The Ministry of Science and Technology and the Ministry of Information and Communications shall research and propose the establishment of technical standards and scientific and information technology requirements serving the National Population Database.

4. The Ministry of Information and Communications shall research and build mechanisms, policies, and related information technology issues concerning the National Population Database.

5. The Ministry of Planning and Investment shall be responsible for coordinating with the Ministry of Public Security and the Ministry of Information and Communications to allocate state budget capital for the construction and maintenance of the National Population Database.

Article 13. Responsibilities and Authorities of People's Committees of Provinces and Central Cities

1. Direct local agencies and organizations to cooperate with provincial and central city public security organs in building, providing data, managing, utilizing, and using the National Population Database at the local level.

Provincial and central city public security organs shall be responsible for assisting the People's Committee of the province or central city in constructing, updating, maintaining, and managing the National Population Database under their jurisdiction.

2. Develop plans for utilizing, updating, sharing, using, and organizing information systems to be compatible and integrated with the National Population Database system.

Article 14. Responsibilities and Authorities of Agencies, Organizations, and Individuals in Collecting, Updating, and Providing Data to the National Population Database

1. Adhere strictly to the procedures for collecting, updating, and providing data to the National Population Database.

2. Ensure the completeness, accuracy, and timeliness of the data provided.

3. Timely update and notify personal data changes or errors.

4. Shall not take advantage of data provision to harass, profit, or disseminate data.

5. Have the right to refuse requests for data provision if they contravene this Decree and other relevant laws.

Article 15. Responsibilities and authorities of agencies, organizations, and individuals in exploiting and using data from the National Population Database

1. Adhere to the principles stipulated in Article 4 of this Decree and the regulations of competent authorities on managing, exploiting, and using the National Population Database.

2. Shall not provide third parties with data provided by competent authorities for exploitation and use unless permitted by the competent authority managing the population database.

3. Timely notify the data management agency of any errors in the provided data.

4. Have the right to lodge complaints and denunciations according to the laws on complaints and denunciations when their rights to exploit and use data are violated.

5. Are entitled to compensation according to the law when the data provider supplies inaccurate data causing damage to them.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Decree takes effect from January 1, 2011.

Article 17. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Decree.

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