Chương V Luật Căn cước 2023: Bảo đảm điều kiện cho hoạt động quản lý căn cước, cơ sở dữ liệu quốc gia về dân cư, cơ sở dữ liệu căn cước, hệ thống định danh và xác thực điện tử

Chapter V

SATISFACTION OF CONDITIONS FOR MANAGEMENT OF IDENTIFICATION, NATIONAL POPULATION DATABASE, IDENTIFICATION DATABASE, AND ELECTRONIC IDENTIFICATION AND AUTHENTICATION SYSTEM

Article 35. Assurance of information infrastructure of the national population database, identification database, and electronic identification and authentication system

1. Information infrastructure of the national population database and the identification database shall be developed in a qualified, synchronous, accurate and prompt manner; and built and managed in a centralized and unified manner from central to local levels.

2. The State shall ensure that information infrastructure of the national population database, the identification database or the electronic identification and authentication system meets requirements for national defense and security and socio-economic development.

Article 36. Persons managing identification

1. Persons managing identification include managers; persons assigned to collect, update, adjust, store information and documents on the national population database and the identification database; and persons carrying out procedures for issuance, replacement and re-issuance of ID cards/certificates, and procedures for issuing, locking and unlocking e-identification; persons carrying out e-identification process for each Vietnamese citizen and e-authentication process for each Vietnamese citizen’s e-identity.

2. Persons managing identification shall be provided with professional training in conformity with their assigned tasks and vested powers.

3. Persons managing identification shall be responsible for safety, security, sufficiency and accuracy of information on identification management.

Article 37. Satisfaction of requirements for funding and facilities which serve management of identification, national population database, identification database, and electronic identification and authentication system

1. The State shall allocate funding and provide facilities to serve management of identification, national population database and identification database, and establishment, management and operation of the electronic identification and authentication system.

2. The State shall prioritize investment in infrastructure, human resources and technology for the establishment and management of the national population database.

3. The State shall encourage domestic and foreign organizations and individuals to finance and support the establishment and management of the national population database and the identification database; and facilitate application of integrated software, devices and methods that are products of scientific and technological tasks, researched, designed and created by Vietnamese organizations, enterprises and citizens to establishment, management and operation of the national population database, the identification database and the electronic identification and authentication system.

Article 38. Fees for extraction and use of information on the national population database and charges for issuance, replacement and re-issuance of ID cards/certificates

1. When extracting or using information on the national population database, organizations and individuals specified in Clause 8 Article 10 of this Law shall pay fees and charges.

2. Citizens are not required to pay fees for initial issuance of ID cards.

3. Citizens shall pay charges for replacement and re-issuance of ID cards, except for the following cases:

a) Replacement of ID cards under Point a and Point dd Clause 1 Article 24 of this Law.

b) Incorrect information on ID cards due to faults of the identification-managing agency.

4. It is not required to collect charges for issuance, replacement and re-issuance of ID certificates to Vietnamese residents of undetermined nationality.

Article 39. Protection of the national population database and the identification database

1. The identification-managing agency shall:

a) Apply information technology to input, process and output information about population and identification, ensuring data safety in accordance with principles and formats of database administration systems;

b) Ensure the safety of equipment for the collection, storage, transmission, processing and exchange of information about population and identification;

c) Protect personal data, and the security of information about population and identification in computer networks; ensure the safety of information stored in the database; prevent and control acts of illegally accessing and using or damaging the national population database and the identification database;

2. The national population database and the identification database shall be stored in servers with the application of measures to prevent illegal accession through a security system of the database administration system and network operating system.