Chương II Luật Căn cước 2023: Cơ sở dữ liệu quốc gia về dân cư, cơ sở dữ liệu căn cước

Chapter II

NATIONAL POPULATION DATABASE AND IDENTIFICATION DATABASE

Section 1. NATIONAL POPULATION DATABASE

Article 8. Requirements for establishment and management of the national population database

1. The national population database shall be established and managed in a centralized and unified manner at the identification-managing agency of the Ministry of Public Security.

2. The national population database shall be established according to standards and technical regulations on information technology and socio-economic norms, thereby ensuring that the database operates stably and continuously.

3. Assuring information safety and security, protecting personal data and facilitating the collection, update, adjustment, extraction and use of information.

4. Connecting and sharing information or data with the national database, specialized database, other database, national data center, public service portal, and information system for handling administrative procedures.

5. Protecting agencies, organizations or individuals’ rights to extract information according to regulations of law.

6. Storing adequate information of citizens upon collecting, updating and adjusting it on the database.

Article 9. Information on the national population database

1. Family name, middle name and first name.

2. Other names.

3. Personal identification number.

4. Date of birth.

5. Gender.

6. Place of birth.

7. Place of birth registration.  

8. Place of origin.

9. Ethnic group.

10. Religion.

11. Nationality.

12. Blood group.

13. 9-digit ID card.

14. Date and place of issuance, date of expiry of the ID card, the citizen ID card, or the 12-digit ID card which has been issued.

15. Family name, middle name and first name, personal identification number, 09-digit ID card number, nationality of parents, spouses, children, legal representative(s) and the represented person.

16. Place of permanent residence.

17. Place of temporary residence.

18. Current place of residence

19. Declaration of temporary absence.

20. Residence document number.

21. Marital status.

22. Relationship with the household owner.

23. Family name, middle name and first name, personal identification number, 09-digit ID card number of the household owner and each member.

24. Date of death or going missing.

25. Phone number and email.

26. Other information as regulated by the Government.

Article 10. Collecting, updating, adjusting, managing, connecting, sharing and extracting information on the national population database

1. The information specified in Article 9 of this Law shall be collected, adjusted and updated on the national population database from the archive managed by the people’s public security forces, the identification database, the residence database, the civil status database, the national database, the specialized database, and other database according to regulations of law.

2. If the information specified in Clauses 1, 4, 5, 7, 8, 9 and 11 Article 9 of this Law is unavailable or inadequate, the identification-managing agency shall request citizens to provide it.

3. The identification-managing agency shall connect with relevant agencies, organizations and individuals in inspecting information when collecting, updating, and adjusting it in order to ensure the accuracy and consistency.

4. The information infrastructure of the national population database shall be protected by the State in accordance with regulations of the law on protection of key works related to national security, the cybersecurity law and the law on cyberinformation security.

5. Methods of extracting information on the national population database include:

a) Direct connection and exchange between the national database, the specialized database, other database, the national data center and the national population database or other methods of the Vietnam’s E-Government Architecture Framework;

b) The national public service portal or the public service portal of the Ministry of Public Security;

c) Written information provision;

d) National identification application;

d) Electronic identification and authentication platform;

g) Other methods as regulated by the Government.

6. State agencies, political organizations, and socio-political organizations are entitled to extract information on the national population database in conformity with their functions and tasks.

7. Individuals are entitled to extract their information on the national population database.

8. Organizations and individuals other than those specified in Clause 6 and Clause 7 of this Article shall obtain consent from the identification-managing agency and owners of personal information when extracting it on the national population database.  In case of extraction of information of incapacitated persons, persons with limited recognition and behavioral control as specified in Civil Code, persons under 14 years of age, and persons declared missing or dead, the consent from the identification-managing agency and one of the legal representatives or heirs shall be granted according to regulations in Clause 9 of this Article.

9. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age may extract their information via their legal representatives.

The extraction of information of persons declared missing shall be decided by their legal representatives.

The extraction of information of persons declared dead shall be decided by their heirs.

10. The information on the national population database is the basis for inspection and unification of personal information conducted by agencies, organizations and individuals.

11. The Government shall elaborate Clauses 1, 2, 3, 5 and 9 of this Article; and procedures for extracting information on the national population database.

Article 11. Relation between the national population database and the national database, specialized database, national data center, public service portal, and information system for handling administrative procedures.

1. When having one of the pieces of information about a person on the national population database, the agency or organization managing the national database or the specialized database shall connect and share such information with the national population database.

2. The identification-managing agency shall share information on the national population database with the agency or organization managing the national database and the specialized database in order to perform functions and tasks that have been assigned.

3. When obtaining results of handling of administrative procedures with regard to information specified in Article 9 of this Law, the agency managing the public service portal or information system for handling administrative procedures at ministerial or provincial level shall share such results with the identification-managing agency. The identification-managing agency shall be responsible for fully, accurately, and promptly updating and adjusting information on the national population database.

4. If the information of a person on the national database or the specialized database is not consistent with that on the national population database, the identification-managing agency shall connect with a relevant agency or that person in inspecting the information, and updating and adjusting it on the national population database, the national database or the specialized database, thereby ensuring the accuracy and consistency.

5. Connection, sharing, update, adjustment, extraction and use of pieces of information between the national population database and the national data center, the national database, the specialized database shall be effective, safe and suitable to functions, tasks, and entitlement of agencies and organizations that perform the above-mentioned actions according to regulation of this Law and relevant laws.

Article 12. Personal identification number of Vietnamese citizen

1. The personal identification number of a Vietnamese citizen is a numerical string including 12 digits, set up by the national population database and is granted to a Vietnamese citizen.

2. Personal identification numbers shall be uniformly managed nationwide by the Ministry of Public Security; each Vietnamese citizen shall be granted one number which is not identical to another’s number.

3. The personal identification number of a Vietnamese citizen is used to issue an ID card to such citizen and extract his/her information on the national population database, national database, specialized database, national data center, public service portal, and information system for handling administrative procedures.

4. The Government shall provide for establishment, cancellation and re-establishment of a personal identification number of a Vietnamese citizen.

Article 13. Responsibilities of relevant agencies, organizations and individuals for collection, provision, update and adjustment to information and documents on the national population database.

1. Agencies, organizations and individuals shall:

a) Comply with the process of collection, provision, update and adjustment to information and documents;

b) Ensure sufficient, accurate and prompt collection and provision of information and documents;

c) Promptly notify citizen’s information upon occurrence of any change or inaccuracy to the identification-managing agency.

2. Persons assigned to collect, update and adjust information and documents shall:

a) Check information and documents on citizens; and regularly monitor, update and adjust information;

b) Preserve and keep relevant information and documents confidential; refrain from altering, erasing or damaging documents, and be responsible for the accuracy and sufficiency of updated and adjusted information.

3. The head of the identification-managing agency shall:

a) Organize management of collection, update, adjustment and storage of information and documents;

b) Check and take responsibility for information and documents already updated, adjusted and stored.

Section 2. IDENTIFICATION DATABASE

Article 14. Requirements for establishment and management of the identification database

1. The identification database shall be established and managed in a centralized and unified manner at the identification-managing agency of the Ministry of Public Security.

2. The identification database shall be established according to standards and technical regulations on information technology and socio-economic norms, thereby ensuring that the database is connected with the national population database and operates stably and continuously.

3. Ensuring information safety and security, protecting personal data and facilitating collection, update, adjustment, extraction and use of information.

4. Protecting agencies, organizations or individuals’ rights to extract information according to regulations of law.

5. Fully, accurately, and promptly collecting, updating and adjusting information; storing adequate information of citizens upon collecting, updating and adjusting it on the database.

Article 15. Information on the identification database

1. Information specified in Clause 1 through Clause 18, Clause 24 and Clause 25 of Article 9 of this Law.

2. Identity information.

3. Biometric identifiers, including portrait pictures, fingerprints, irides, ADN, voice.

4. Occupations, except for People's Armed forces, People's Public Security forces, and ciphers.

5. E-identification status.  The e-identification status is the current level of e-identification.

Article 16. Collecting, updating, adjusting, managing, connecting, sharing and extracting information on the identification database

1. Information on the identification database is collected, updated, and adjusted from the following sources:

a) Information connection and exchange with the national population database, the national database and the specialized database;

b) Identification archive; dossiers on issuance and management of ID cards/certificates;

c) Persons who are information owners, except for the case specified in Point d of this Clause;

d) Biometrics identifiers that are ADN and voices voluntarily provided by each citizen or collected by the criminal proceedings agency or the supervisory agency of persons against whom administrative measures are taken during the performance of its functions and tasks, in which case these biometric identifiers will be shared with the identification-managing agency for update on the identification database.

2. Information on the identification database shall be shared as follows:

a) Information on the identification database may be shared with the national population database and the specialized database managed by the Ministry of Public Security to serve management of population and identification, and prevention and control of crimes;

b) Sharing information on the identification database with a database other than those specified in Point a of this Clause shall comply with the Government’s regulations.

3. Information on the identification database shall be extracted as follows:

a) State agencies, political organizations, and socio-political organizations are entitled to extract information on the identification database to perform their functions and tasks by sharing information specified in Clause 2 this Article or sending written information requests to the identification-managing agency;

b) Individuals are entitled to extract their information on the identification database by sending written information requests to the identification-managing agency;

c) Organizations and individuals other than those specified in Point a and Point b of this Clause shall send written information requests to the identification-managing agency and obtain consent from the agency and owners of personal information when extracting it on the identification database.  In case of extraction of information of incapacitated persons, persons with limited recognition and behavioral control as specified in Civil Code, persons under 14 years of age, and persons declared missing or dead, the consent from the identification-managing agency and one of the legal representatives or heirs shall be granted according to regulations in Point d of this Clause.

d) Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age may extract their information via their legal representatives.

The extraction of information of persons declared missing shall be decided by their legal representatives.

The extraction of information of persons declared dead shall be decided by their heirs.

4. The head of the identification-managing agency of the Ministry of Public Security has authority to give permission for extraction of information on the identification database.

5. The Government shall elaborate Clause 1 and Clause 3 of this Article.

Article 17. Responsibilities of relevant agencies, organizations and individuals for sharing, providing, updating and adjusting information and documents on the identification database.

1. Agencies, organizations and individuals shall:

a) Fully, accurately, and promptly share and provide information and documents according to regulations of this Law;

b) Promptly notify information and documents on identification of citizens upon occurrence of any change or inaccuracy to the identification-managing agency.

c) If the criminal proceedings agency or the supervisory agency of persons against whom administrative measures are taken has information about biometric identifiers, including ADN and voices, of any citizen, it shall transfer them to the identification-managing agency for update and adjustment.

2. Persons assigned to update and adjust information and documents shall:

a) Check information and documents on citizens; and regularly monitor, update and adjust information;

b) Preserve and keep relevant information and documents confidential; refrain from altering, erasing or damaging documents, and be responsible for the accuracy and sufficiency of updated and adjusted information.

3. The head of the identification-managing agency shall:

a) Organize management of collection, update, adjustment and storage of information and documents;

b) Check and take responsibility for information and documents already updated, adjusted and stored.