Chương I Luật Căn cước 2023: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for national population database and identification database; identity cards and electronic identification; identity certificates; rights, obligations and responsibilities of relevant agencies, organizations and individuals.

Article 2. Regulated entities

This Law applies to Vietnamese citizens; Vietnamese residents of undetermined nationality; relevant agencies, organizations and individuals.

Article 3. Definition of terms

In this Law, the terms below are construed as follows:

1. “Identification” means basic information about the personal record, identity and biometric identifiers of a person.

2. “Identity” means distinctive and stable characteristics of a person’s appearance that distinguish such person from another one.

3. “Biometric identifiers” mean biometric or biological characteristics that are distinctive and stable of a person, used to identify and distinguish such person from another one.

4. A “Vietnamese resident whose nationality has not yet been determined residing in Vietnam” (hereinafter referred to as “Vietnamese resident of undetermined nationality”) means a person who is residing in Vietnam without any documents proving that he/she has the nationality of Vietnam or another country but has a consanguineous relationship with a person who used to have the nationality of Vietnam determined by the consanguinity principle.

5. “Identification archive” means a system of dossiers and documents on identification which are managed, classified, arranged and stored in a certain order so as to serve information search and extraction.

6. “National population database” means a shared database which collects basic information about all Vietnamese citizens and Vietnamese residents of undetermined nationality, and is standardized, digitalized, stored and managed in an information infrastructure to serve state management affairs and transactions among agencies, organizations and individuals.

7. “Identification database” means a specialized database which collects information about identification of all Vietnamese citizens and Vietnamese residents of undetermined nationality, and is standardized, digitalized, stored and managed in an information infrastructure to serve state management of identification and transactions among agencies, organizations and individuals.

8. “Specialized database” means a collection of information about one or several certain management field(s) of a Ministry, a ministerial agency, a Governmental agency, a provincial People’s Committee, a political organization, or a socio-political organization, which is digitalized, stored and managed in an information infrastructure to serve specialized state management and transactions among agencies, organizations and individuals.

9. “Information infrastructure” of the national population database and identification database means a collection of hardware, software and database management system, serving production, collection, processing, storage, transmission, exchange and sharing of information about population and identification.

10. “Identification-managing agency” means an agency assigned by the Ministry of Public Security to perform management of identification, the national population database, the identification database and the electronic identification and authentication system.

11. “Identity card (ID card)" means an identification document containing identification and other information integrated into the card of a Vietnamese citizen and issued by an identification-managing agency according to regulations of this Law.

12. “Identity certificate" means an identification document containing identification of a Vietnamese resident of undetermined nationality and issued by an identification-managing agency according to regulations of this Law.

13. “Electronic identity” means a collection of information of a Vietnamese citizen which is included in the identification database and used to electronically determine such citizen via the electronic identification and authentication system and make electronic identification. Such information contains:

a) Personal identification number;

b) Family name, middle name and first name;

c) Date of birth;

d) Gender;

dd) Portrait photo;

e) Fingerprints.

14. “Electronic identification and authentication system” means an information system used to register, create and manage eID accounts, and implement e-authentication.

15. “Electronic identification process” with regard to a Vietnamese citizen means an act of registering, verifying, binding an electronic identity and issuing an electronic identification to a citizen.

16. “Electronic authentication” with regard to electronic identity of a Vietnamese citizen means an act of confirming or asserting the accuracy of the electronic identity by extracting and comparing information in the national population database and the identification database via the electronic identification and authentication system.

17. “Electronic identification” means an identification of a Vietnamese citizen which is shown via an electronic identification account opened by the electronic identification and authentication system.

18. “National identification application” means a digital application which is used for electronic identification and authentication in online processing of administrative procedures, public services and other transactions and develop utilities in service of agencies, organizations and individuals.

19. “National data center” means a place where information and data from databases and information systems are collected, stored, processed and regulated in order to provide applications related to the database and information infrastructure under the Government's regulations.

Article 4. Principles of management of identification, the national population database and the identification database

1. Complying with the Constitution and law; protecting human rights and citizens’ rights.

2. Being public, transparent, fair and convenient for agencies, organizations and individuals.

3. Ensuring information security and safety and protecting personal data.

4. Information and documents shall be collected and updated in a full, accurate and prompt manner; managed in a centralized, unified and close manner; and maintained, extracted and used efficiently and archived permanently.

Article 5. Rights and obligations of Vietnamese citizens and Vietnamese residents of undetermined nationality to identification, the national population database and the identification database

1. A Vietnamese citizen shall hold the following rights:

a) Have his/her personal data on the national population database and the identification database protected according to regulations of law;

b) Request the identification-managing agency to update and adjust his/her information on the national population database, the identification database, his/her ID card, electronic identification in accordance with the law on identification; 

c) Have person identification number assigned; have his/her ID card issued, renewed and re-issued in accordance with this Law; have information about identification and information on the national population database certified; 

d) Use his/her ID card, electronic identification for transactions and exercise of lawful rights and interests;

dd) Extract his/her information on the national population database and the identification database.

2. A Vietnamese resident of undetermined nationality shall hold the following rights:

a) Have his/her personal data on the national population database and the identification database protected according to regulations of law;

b) Request an identification-managing agency to update and adjust his/her information on the national population database, the identification database, and his/her identity certificate in accordance with the law on identification; 

c) Have person identification number assigned; have his/her identity certificate issued, renewed and re-issued in accordance with this Law;

d) Use his/her identity certificate for transactions and exercise of lawful rights and interests;

dd) Extract his/her information in the national population database and the identification database.

3. A Vietnamese citizen or a Vietnamese resident of undetermined nationality shall have the following obligations:

a) Carry out procedures for issuance, renewal and reissuance of ID cards and certificates in accordance with this Law; preserve ID cards and certificates which have been issued;

b) Fully, accurately and promptly provide his/her personal information and documents to update and adjust them on the national population database, the identification database, his/her ID card and electronic identification in accordance with the law on identification;

c) Fully, accurately and promptly provide his/her personal information and documents which are different from information on his/her ID card/certificate when he/she carries out relevant transactions and be responsible for the fullness and accuracy of such information and documents;

d) Present his/her ID card/certificate or provide electronic identification or his/her personal identification number as required by a competent person according to regulations of law;

dd) Return his/her ID card/certificate to a competent agency in case of renewal, revocation or temporary seizure of such card/certificate according to regulations of law.

4. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age are entitled to exercise their rights and obligations as specified in this Article via their legal representatives or by themselves when they obtain consent from their legal representatives according to regulations of Civil Code.

Article 6. Responsibilities of identification-managing agencies

1. Accurately, fully and promptly collect, update and adjust information on the national population database and the identification database.

2. Publicly post and provide guidance on administrative procedures related to identification, the national population database and the identification database in accordance with regulations of law.

3. Ensure information safety and security and protect personal data on the national population database, the identification database and the electronic identification and authentication system.

4. Fully, accurately and promptly provide information and documents on citizens as required by agencies, organizations and individuals in accordance with the law.

5. Issue and manage electronic identification; issue, renew, reissue, revoke ID cards/certificates in accordance with this Law.

6. Manage electronic authentication and identification.

7. Settle complaints and denunciations and handle violations against regulations on identification in accordance with law.

Article 7. Prohibited acts

1. Issuing, renewing, re-issuing or revoking ID cards/certificates in violation of laws.

2. Seizing ID cards/certificates in violation of laws.

3. Causing harassment, troubles or discrimination when settling administrative procedures related to identification, the national population database and the identification database.

4. Falsifying books and dossiers on identification and information on the national population database and the identification database; failing to provide or insufficiently or inaccurately or illegally providing information and documents on identification or information on the national population database and the identification database.

5. Failing to carry out procedures for issuance of ID cards according to regulations of Clause 2 Article 19 of this Law.

6. Producing and putting tools, means or software into use or taking other actions that obstruct or disrupt operation of the information infrastructure of the national population database, the identification database and the electronic identification and authentication system.

7. Forging, modifying and intentionally falsifying contents of ID cards/certificates and electronic identification; appropriating or illegally using ID cards/certificates or electronic identification of other persons; renting, leasing, mortgaging, receiving as mortgage or destroying ID cards/certificates; or using ID cards/certificates and electronic identification which have been forged.

8. Illegally accessing, modifying, deleting, canceling or dispersing data, or taking other actions related to processing of personal data on the national population database, the identification database, and the electronic identification and authentication system.

9. Extracting, sharing, purchasing, selling, exchanging, appropriating or illegally using information or data on the national population database, the identification database, and the electronic identification and authentication system.