Chương II Luật Căn cước công dân 2014 : Cơ sở dữ liệu quốc gia về dân cư, cơ sở dữ liệu căn cước công dân

Chapter II

THE NATIONAL POPULATION DATABASE AND CITIZEN IDENTIFICATION DATABASE

Section 1. THE NATIONAL POPULATION DATABASE

Article 8. Requirements for establishment of the national population database

1. The national population database shall be managed in a centralized and unified manner and established up to standards and technical regulations on information technology and economic-technical norms.

2. Assurance of safety and convenience for the collection, update, exploitation and use of information.

3. Assurance of connection to specialized databases.

4. Assurance of the right of agencies, organizations and individuals to exploit information in accordance with law.

Article 9. Citizen’s information to be collected and updated in the national population database

1. Information to be collected and updated includes:

a/ Family name, middle name and first name;

b/ Birthdate;

c/ Gender;

d/ Place of birth registration;

dd/ Native place;

e/ Ethnicity;

g/ Religion;

h/ Nationality;

i/ Marital status;

k/ Place of permanent residence;

l/ Present place of residence;

m/ Blood type, when a citizen requests the update of his/her blood type and produces a certificate of his/her blood type;

n/ Family name, middle name and first name, personal identification number or people’s identity card number, and nationality of parent, spouse or lawful representative of a citizen;

o/ Family name, middle name and first name, personal identification number or people’s identity card number of the householder, and a citizen’s relationship with the householder;

p/ Date of death or missing.

2. Citizen’s information shall be collected and updated in the national population database from citizen identification archives and the citizen identification database, residence database, civil status database and other specialized databases through standardization of available population data.

In case information and documents specified in Clause 1 of this Article are not yet available or are insufficient, they shall be collected from citizens and updated.

Article 10. Management, exploitation and use of the national population database

1. The national population database is a national asset which shall be protected by the State in accordance with the law on protection of important works related to national security.

The national population database is a database for common use and shall be managed by the Ministry of Public Security.

2. The exploitation of information in the national population database is provided as follows:

a/ Specialized database management agencies, state agencies, political organizations and socio-political organizations may exploit information in the national population database within the ambit of their functions, tasks and powers;

b/ Citizens may exploit their personal information in the national population database;

c/ Organization and individuals not defined at Points a and b of this Clause that wish to exploit information in the national population database may do so after obtaining the consent of the national population database management agency in accordance with law.

3. Information in the national population database serves as a basis for agencies and organizations to check and reach agreement on citizen’s information. When citizens use their citizen identity cards, agencies and organizations may not request them to produce other papers or to provide information already available in the national population database.

4. The Government shall detail this Article.

Article 11. Relation between the national population database and specialized databases

1. Specialized databases shall be connected to the national population database in order to update, share, exploit and use citizen’s information specified in Clause 1, Article 9 of this Law.

2. Citizen’s information specified in Clause 1, Article 9 of this Law which is available in specialized databases must be promptly, fully and accurately updated in the national population database.

3. In case citizen’s information in specialized databases or granted papers is inconsistent with information in the national population database, the latter must be used.

4. The connection, update, sharing, exploitation and use of information between the national population database and specialized databases of agencies and organizations must ensure efficiency, safety and compliance with their functions, tasks and powers in accordance with this Law and other relevant laws.

5. The Government shall stipulate the connection, update, sharing, exploitation, modification and use of information, and a roadmap for connection between the national population database and specialized databases.

Article 12. Personal identification numbers

1. A personal identification number shall be established from the national population database and used for the connection, update, sharing and exploitation of citizen’s information in the national population database and specialized databases.

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

3. The Government shall stipulate the structure of a personal identification number; and the order and procedures for grant of personal identification numbers.

Article 13. Responsibilities of agencies, organizations and individuals in collection, provision and update of information and documents in the national population database

1. Agencies, organizations and individuals shall:

a/ Comply with the process of collection, provision and update of information and documents in the national population database;

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

c/ Promptly update and inform citizen’s information upon occurrence of any change or inaccuracy.

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

a/ Check information and documents on citizens; and regularly monitor and update information;

b/ Preserve and keep relevant information and documents confidential; refrain from altering, erasing or damaging documents, and take responsibility for the accuracy and sufficiency of updated information.

3. The head of the national population database management agency shall:

a/ Manage the update and storage of information and documents in the database;

b/ Check, and take responsibility for, information and documents already updated and stored in the national population database.

Section 2. THE CITIZEN IDENTIFICATION DATABASE

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

1. The citizen identification database shall be established and managed in citizen identification management agencies of the Ministry of Public Security, Public Security Departments of provinces or centrally run cities and Public Security Divisions of rural districts, urban districts, towns or provincial cities and equivalent administrative units.

2. The citizen identification database shall be established ensuring connection to the national population database and satisfying database standards as well as standards and technical regulations on information technology.

3. To comply with regulations and regimes on dossiers, e-transactions and information technology.

4. To fully, accurately and promptly collect and update information; to ensure stable operation, safety and security.

Article 15. Information in the citizen identification database

1. Information to be collected and updated includes:

a/ Information specified in Clause 1, Article 9 of this Law;

b/ Portrait picture;

c/ Characteristics for identification;

d/ Fingerprints;

dd/ Other family names and first names;

e/ Number, and date and place of issuance, of people’s identity card;

g/ Occupation, except in-service army men;

h/ Educational level;

i/ Date on which a citizen notifies the loss of his/her people’s identity card or citizen identity card.

2. In case the information specified in Clause 1 of this Article is not yet available or is insufficient in the national population database, the citizen identification database and archives and residence database, citizens shall supplement information upon carrying out procedures for the grant, renewal or re-grant of citizen identity cards.

Article 16. Responsibilities of agencies, organization and individuals in the collection, provision and update of information and documents in the citizen identification database

1. Agencies, organizations and individuals shall:

a/ Strictly comply with regulations on provision of information and documents for the citizen identification database;

b/ Provide information and documents in a sufficient, accurate and prompt manner in accordance with this Law;

c/ Promptly notify information and documents on identification upon occuưence of any change or inaccuracy.

2. Persons managing citizen identification and the citizen identification database shall comply with Article 13 of this Law.

Article 17. Exploitation, provision, exchange and use of citizen identification data

1. Agencies, organizations and individuals may, within the ambit of their tasks and powers, provide and exchange information and documents for/with the citizen identification database.

The access to the citizen identification database or study of dossiers and documents in the citizen identification archives must be approved by heads of citizen identification management agencies.

2. The Minister of Public Security shall stipulate the provision and exchange of information and documents from the citizen identification database for agencies, organizations and individuals.