Nghị định 37/2021/NĐ-CP sửa đổi Nghị định 137/2015/NĐ-CP hướng dẫn Luật Căn cước công dân

DECREE

AMENDING SOME ARTICLES OF DECREE NO. 137/2015/ND-CP DATED DECEMBER 31, 2015 ON GUIDELINES FOR LAW ON CITIZEN IDENTIFICATION

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Citizen Identification dated November 20, 2014;

At the request of the Minister of Public Security;

The Government hereby promulgates a Decree amending some Articles of Decree No. 137/2015/ND-CP dated December 31, 2015 on guidelines for Law on Citizen Identification.

Article 1. Amendments to some Articles of Decree No. 137/2015/ND-CP dated December 31, 2015 on guidelines for Law on Citizen Identification

1. Points e and h Clause 2 Article 3 are amended as follows:

 “e) Retention, backup, system synchronization, data recovery; protection of safety and security of database information;

h) Database operation, adjustment and maintenance”.

2. Point b Clause 2 Article 4 is amended and Point c is added after Point b Clause 4 as follows:

 “b) In case information on a citizen collected from multiple sources is not consistent, the competent authority mentioned in Article 5 herein shall cooperate with the civil registration authority and relevant authorities or the citizen in inspecting the validity of information collected and take responsibility for such information;

c) Citizen information collected and updated to the national population database must be fully retained and full history of updates made to such information must be available”.

3. Clause 4 and Clause 5 Article 5 are amended as follows:

 “4. District-level police shall collect, update and edit information on citizens living in their districts in the national population database based on residence management books; family register archives; civil status databases or civil status documents; and information from identity card issuance, replacement and reissuance; and registration of and amendment to residence information of citizens for districts without commune-level administrative units.

5. Commune-level police shall collect, update and edit information on citizens living in their communes in the national population database based on information from registration of and amendment to residence information of citizens; civil status databases or civil status documents and residence management books. In case the abovementioned information and documents on a citizen are unavailable or inadequate, the citizen may provide these information and documents using the population information collection sheet or population information update sheet”.

4. Clause 3 Article 6 is amended as follows:

 “3. Heads of the regulatory bodies mentioned in Clauses 2, 3, 4 and 5 Article 5 herein shall inspect the validity and accuracy of information before editing information in the national population database or deciding edition of citizen information in a database and take responsibility for such edition”.

5. Clause 4 Article 7 is amended as follows:

 “4. The management body of the national population database (hereinafter referred to as “database management body”) may refuse or stop connecting or sharing information with a regulatory body, political organization or socio-political organization only in the cases provided for in Decree No. 47/2020/ND-CP dated April 09, 2020 on management, connection and share of digital data of regulatory agencies and the following cases:

a) The written request for information connection or sharing does not specify the functions, duties and powers related to use of citizen information in the database;

b) The written request for information connection or sharing does not specify the scope or purpose of use of citizen information in the database;

c) Confidential information in the national population database has been disclosed;

d) Information in the national population database has been illegally accessed, edited, deleted or distributed”.

6. Article 8 is amended as follows:

“Article 8. Methods for use of information in national population database

1. Management bodies of specialized databases, state agencies, political organizations and socio-political organizations may use information in the national population database for state management intra vires by connecting and sharing information according to regulations in Article 7 of this Decree on the national population database, national public service portal, public service portal of the Ministry of Public Security, and ministerial-level and provincial electronic single-window information systems or by written information requests.

2. Credit institutions, telecommunications and mobile service providers, certification authorities, electronic identity providers, notary's offices, bailiff offices and other public service providers may use information in the national population database via the national public service portal and public service portal of the Ministry of Public Security or written information requests or other methods according to guidelines from the Ministry of Public Security.

3. Citizens may use information about themselves in the national population database by written information requests or text messages, the national public service portal and public service portal of the Ministry of Public Security.

4. Organizations and individuals besides those mentioned in Clauses 1, 2 and 3 herein may use information in the national population database by written information requests”.

7. Article 9 is amended as follows:

“Article 9. Competence in permitting use of information in national population database

1. Head of the database management body of the Ministry of Public Security has the power to permit regulatory authorities, political organizations and socio-political organizations at central level; credit institutions; telecommunications and mobile service providers, certification authorities and electronic identity providers to use information in the national population database.

2. Directors of provincial police departments have the power to permit provincial regulatory authorities, political organizations and socio-political organizations; notary's offices, bailiff offices and other public service providers in their provinces to use information in the national population database.

3. Heads of district-level police authorities have the power to permit district- and commune-level regulatory authorities, political organizations and socio-political organizations and other organizations whose headquarters are located in the localities under their management mentioned in Clause 4 Article 8 herein to use information in the national population database.

4. Heads of commune-level police authorities have the power to permit persons having registered their permanent or temporary residences in their communes mentioned in Clauses 3 and 4 Article 8 herein to use information in the national population database”.

8. Article 10 is amended as follows:

“Article 10. Procedures for use of information in national population database

1. Via written information requests

The requester shall send a written request for provision of information in the national population database to the competent person mentioned in Article 9 herein.

The written information request must include the reason for use of the information; use time, requested information and commitment to take responsibility for use of provided information.

Within 03 working days starting from the date of receipt of the request, the competent person mentioned in Article 9 herein shall consider the request and decide to permit use of information in the national population database. If the request is granted, a written reply and the requested information will be provided for the requester. Otherwise, a written explanation must be provided.

2. Via text messages

Citizens may use information about themselves in the national population database via text messages according to guidelines of the Ministry of Public Security.

3. Via the national population database, national public service portal, public service portal of the Ministry of Public Security and ministerial-level and provincial electronic single-window information systems

a) The regulatory bodies and organizations mentioned in Clause 1 Article 8 herein may use information in the national population database via the national population database, national public service portal, public service portal of the Ministry of Public Security and ministerial-level and provincial electronic single-window information systems according to guidelines for data connection, integration and sharing from the Ministry of Public Security;

b) The organizations and individuals mentioned in Clauses 2 and 3 Article 8 herein may use information in the national population database via the national public service portal and public service portal of the Ministry of Public Security according to guidelines from the Ministry of Public Security;

c) Competent persons mentioned in Article 9 herein shall consider and decide to permit use of information in the national population database of the regulatory bodies, organizations and individuals mentioned in this Clause. If the permission is given, access to the national population database will be granted to the requester. Otherwise, a written explanation must be provided”.

9. Article 15 is amended as follows:

“Article 15. Procedures for assignment of personal identification numbers to citizens having birth certificates

1. The database management body shall assign personal identification numbers (“PIN”) to citizens who have a birth certificate but no PIN based on information available in the national population database.

2. After assigning PIN to a citizen, the database management body shall issue a written notification of the assigned PIN and information on the citizen available in the national population database to the citizen. If the citizen’s information in the database is inadequate, the notification shall include a request for the citizen to provide the missing information for the police of the commune where the citizen lives to have their information in the database updated or edited.

3. For any citizen who already has PIN but has undergone sex reassignment or changed their birth year, the database management body shall assign another PIN to the citizen after the citizen finishes registering information concerning their sex or birth year according to regulations of law on civil registration. The database management body shall notify the new PIN to the citizen in writing.

4. Identity card issuing authorities shall use PINs assigned by the database management body to issue identity cards according to regulations in Article 18 of this Decree”.

Article 2. Effect

This Decree comes into force from May 14, 2021.

Article 3. Implementing responsibilities

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, and Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree.

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