Nghị định 59/2022/NĐ-CP quy định về định danh và xác thực điện tử

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 59/2022/ND-CP	Hanoi, September 5, 2022

 

DECREE

ON ELECTRONIC IDENTIFICATION AND AUTHENTICATION

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

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

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

Pursuant to the Law on Online Information Security dated November 19, 2015;

Pursuant to the Law on Cybersecurity dated June 12, 2018;

Upon the request of the Minister of Public Security of Vietnam;

Government of Vietnam herein promulgates the Decree on electronic identification and authentication.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for electronic identities, electronic identification, electronic authentication; electronic authentication services; rights and obligations of users of electronic authentication services; responsibilities of concerned agencies, individuals and non-person entities.

Article 2. Subjects of application

This Decree shall apply to Vietnamese individuals and non-person entities; foreign individuals and non-person entities residing and/or operating within the territory of the Socialist Republic of Vietnam that are associated with electronic identification and authentication.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. “Electronic identity” (hereinafter referred to as eID) refers to the body of information about an individual or non-person entity existing in an electronic identification and authentication system that makes it possible to uniquely identify that individual or non-person entity in cyberspace.

2. “Electronic identity holder (hereinafter referred to as eID holder)” refers to an individual or non-person entity that is identified as the one to whom an eID is attached.

3. “Electronic identification” refers to an act of registering, verifying, creating and binding an eID to an eID holder (hereinafter referred to as e-identification).

4. “Electronic identification and authentication regulator” refers to Police Department on Administrative Management of Social Order.

5. “Electronic identification and authentication system” refers to an information system developed and administered by the Ministry of Public Security for use in registering, creating and managing eID accounts, and implementing e-authentication or administering e-authentication services.

6. “eID account" refers to a collection of username, password or other authentication methods and is created by the electronic identification and authentication regulator.

7. “Information synced to an eID account” refers to pieces of information about an eID holder represented in papers or documents issued by Vietnam's competent authorities and verified via national or specialized databases in order to make it possible for them to be synced to that eID account upon an eID holder’s request, including information about health insurance cards, vehicle registration certificates, driving licenses, tax identification numbers or others falling within the remit of ministries or quasi-ministries after getting agreement from the Ministry of Public Security.

8. “Electronic authentication” refers to an act of confirming or asserting identities attached to an eID holder by accessing, discovering and examining those identities existing in the national population, citizen ID, entry/exit and other database and electronic identification and authentication system, or verifying an eID account created by the electronic identification and authentication system with the help of an electronic authentication service provider in order to affirm value of that eID account (hereinafter referred to as e-authentication).

9. “Authentication factor” refers to pieces of information that an eID holder can use or possess.

10. “Means of authentication” refers to the following elements: password; secret key; two-dimensional barcode; terminal; one-time password device or software; cryptographic device or software; ID card; passport; portrait photo; fingerprint used for electronic authentication purposes.

11. “Electronic authentication service provider” refers to a public sector or government body or business of People's Public Security forces satisfying requirements for provision of electronic authentication services set out herein.

12. “VNelD” refers to an application available on digital devices; “dinhdanhdientu.gov.vn”, “vneid.gov.vn” refers to an e-identification webpage created and developed by the Ministry of Public Security to enable access to e-identification and e-authentication services during the process of handling of administrative procedures, public administrative services and other transactions in cyberspace; help promote facilities and amenities necessary for agencies, entities and individuals.

13. “Foreigner’s ID number” refers to a unique numerical string generated by the electronic identification and authentication system to manage an eID of a foreign individual.

14. “Non-person entity’s eID” is determined by the tax identification number of that entity; in default of a tax identification number, the electronic identification and authentication system can generate a unique numerical string to manage that entity’s eID.

15. “Electronic identification and authentication platform” refers to an information system built, operated and managed by the Ministry of Public Security to enable information exchange between the electronic identification and authentication system and information systems of state agencies, political organizations, socio-political organizations, entities and persons.

Article 4. Electronic identification and authentication principles

1. Abide by the Constitution and law; reserve legitimate rights and interests of agencies, entities and persons.

2. Ensure accuracy and uniqueness in carrying out the electronic identification and authentication process; openness and transparency in management and convenience for agencies, entities and persons.

3. Secure devices and protect data security and privacy when carrying out electronic identification and authentication.

4. Agencies, entities and persons granted access to eIDs are obliged to secure eID accounts and comply with regulatory provisions on protection of personal data.

5. Once being detected, any offence against law on electronic identification and authentication shall be promptly sanctioned under law.

6. Ensure conformity with international treaties of which Vietnam is a member state.

Article 5. Access to data available in the electronic identification and authentication system

1. Information systems of state agencies, political organizations, socio-political organizations or public service providers shall be connected to the electronic identification and authentication system to have access to data and information of eID holders in order to electronically handle administrative procedures or public administration services and other government activities according to assigned duties and functions via the electronic identification and authentication platform.

2. Government bodies, political organizations, socio-political organizations, public service providers shall access data and information available in the electronic identification and authentication system by using the VNelD application; in e-identification webpages and chip-based citizen ID cards by using devices and software meeting technical specifications under the guidance of the Minister of Public Security.

3. EID holders can access their own eID and other data (except biometric data) that have been integrated into eID accounts available on the electronic identification and authentication system and share them with other individuals or non-person entities via the VNelD application.

Article 6. Terms and conditions of access to eID accounts

In order to be granted access to an eID account, an eID holder must abide by the following regulations:

1. Using the eID account for performing illegal acts and transactions; infringing upon national security, defense, national interest, public interest, legitimate rights and interests of natural and legal persons shall be prohibited.

2. Any unauthorized interference with the electronic identification and authentication system shall be prohibited.

Chapter II

ELECTRONIC IDENTITY AND IDENTIFICATION

Section 1. ELECTRONIC IDENTITY

Article 7. Vietnamese citizen’s eID

Vietnamese citizen’s eID contains the followings:

1. Personal information:

a) Personal identity number;

b) First, middle and last name;

c) Date (day, month, year) of birth;

d) Gender.

2. Biometric data:

a) Personal portrait;

b) Fingerprint.

Article 8. Foreigner’s eID

Foreigner’s eID contains the followings:

1. Personal information:

a) ID number;

b) Last, middle and first name;

c) Date (day, month, year) of birth;

d) Gender;

dd) Nationality;

e) Number, sign, date (day, month, year), type of paper and place of issue of passport or other international travel document.

2. Biometric data:

a) Personal portrait;

b) Fingerprint.

Article 9. Non-person entity’s eID

Non-person entity’s eID is composed of:

1. Its eID code.

2. Its name, including Vietnamese name, abbreviated name (if any) and international name (if any).

3. Date of establishment (day, month, year).

4. Head office address.

5. Personal ID number or ID number of the foreigner; first, middle and last name of the legal representative or the head of the non-person entity.

Article 10. Updating eID data

1. If personal eID data of individuals available in the national population database, the electronic civil registration database, the citizen ID database or the national entry/exit database are subject to any change, their personal eID accounts available in the electronic identification and authentication system shall be updated automatically.

2. If institutional eID data of non-person entities available in the national business registration database, the national database or other specialized database are subject to any change, their institutional eID accounts available in the electronic identification and authentication system shall be updated automatically.

Section 2. E-IDENTIFICATION

Article 11. Individuals and non-person entities eligible to be granted access to eID accounts

1. Vietnamese citizens who are 14 years of age or older; Vietnamese citizens who are under 14 years of age or wards may share the same eID accounts with their parents or guardians.

2. Foreigners aged 14 years or older who enter in Vietnam; foreigners who are under 14 years of age or wards may share the same eID accounts with their parents or guardians.

3. Agencies or non-person entities that are founded or successfully register their operation in Vietnam.

Article 12. Level-based classification of eID accounts

1. The level -1 eID account of Vietnamese citizens shall contain the data specified in clause 1 and point a of clause 2 of Article 7 herein. The level -1 eID account of foreigners shall contain the data specified in clause 1 and point a of clause 2 of Article 8 herein.

2. The level -2 eID account of individuals shall contain the data specified in Article 7 or Article 8 herein.

3. The eID account of non-person entities containing the data specified in Article 9 herein is classified as the level-2 eID account.

Article 13. Access to eID accounts

1. EID holders shall be entitled to log in eID accounts to access features and services of the VNelD application or electronic identification webpages.

2. Access to eID accounts created by the electronic identification and authentication system can be granted to carry out administrative procedures or public administration services in cyberspace and other activities to meet the demands of eID holders.

3. Agencies, entities and persons shall be entitled to create accounts for use in their activities; must ensure authenticity and accuracy of the accounts that they create on their own; can decide the level and value of each of these accounts. Information required for creation of accounts are provided by account holders; or used by agencies, entities or persons for its original purposes with authorization from account holders.

4. Level-1 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are Vietnamese citizens, shall have the value of providing proof of their information specified in clause 1 of Article 7 herein; once access to them being granted to eID holders who are foreigners, shall have the value of providing proof of their information specified in clause 1 of Article 8 herein when these eID holders carry out activities or transactions requiring their personal information to be provided.

5. Level-2 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are Vietnamese citizens, shall have the same value as ID cards when they perform transactions requiring ID cards to be presented; shall have the value of providing information available on documents of citizens that are already synced to eID accounts to enable agencies and organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

6. Level-2 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are foreigners, shall have the same value as passports or international travel documents with respect to transactions requiring passports or international travel documents to be presented; shall have the value of providing information available in documents of foreigners synced to eID accounts to enable agencies and organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

7. As a holder of the eID account created by the electronic identification and authentication system, any eID holder that is a non-person entity can grant access to this account to its legal representative or authorized trustee. eID accounts, once access to them being granted to non-person entities, shall have the value of providing proof of their eIDs when they perform any transaction requiring proof of information about them to be provided; shall have the value of providing information available in documents of these non-person entities synced to their eID accounts in order to enable agencies or organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

8. Value of access to level-2 eID accounts granted to any eID holder for use in their electronic activities or transactions shall be the same as value of the act of presenting papers or documents to provide proof of information integrated into eID accounts.

Chapter III

EID ACCOUNTS AND E-AUTHENTICATION

Article 14. Processes and procedures for registration of eID accounts for Vietnamese citizens

1. Below are the steps in registration of a level-1 eID account via the VNeID app that are applied to any Vietnamese citizen who is holding a chip-based ID card:

a) The applicant uses a mobile device to download and install the VNeID app.

b) The applicant opens the VNelD app to enter his/her personal ID and phone number or email address; provides information according to the instructions available on the VNeID app; takes a portrait photo using the mobile device and sends the registration request for an eID account to the electronic identification and authentication regulator via the VNeID app.

c) The electronic identification and authentication regulator sends a VNeID-app, SMS and email notification of whether the registration request is accepted or refused.

2. Below are the steps in registration of a level-2 eID account:

a) For any Vietnamese citizen who is holding a chip-based ID card:

The applicant contacts the Police of the commune, ward or town or the place where citizen ID cards are issued to register an eID account. The applicant presents his/her chip-based citizen ID card, provides information about his/her phone number or email address and requests any modified information to integrated into the eID account.

The in-charge officer receives information that the applicant provides and allows such information to be entered in the electronic identification and authentication system; takes the applicant’s portrait photo and fingerprint to have them checked against those available in the citizen ID database and confirms approval for registration for an eID account.

The electronic identification regulator sends a VNeID-app, SMS and email notification of whether the registration request is accepted or refused.

b) The Police authority proceeds to issue the level-2 eID account, and the citizen ID card if the applicant has not been issued with a chip-based citizen ID card yet.

Article 15. Processes and procedures for registration of eID accounts for foreigners

1. Below are the steps in registration of a level-1 eID account:

a) The applicant uses a mobile device to download and install the VNeID app.

b) The applicant opens the VNelD app to enter information about the number of his/her passport or international travel document or email address or phone number (if any); provides information according to the instructions available on the VNeID app; takes a portrait photo using the mobile device and sends the registration request for an eID account to the electronic identification and authentication regulator via the VNeID app.

c) The electronic identification and authentication regulator sends VNeID-app, SMS and email notification of whether the registration request is accepted or refused.

2. Below are the steps in registration of a level-2 eID account:

a) The applicant contacts the immigration department of the Ministry of Public Security or the provincial Police to register for an eID account; presents his/her passport or international travel document; provides information about his/her email address or phone number (if any); and requests any modified information to be integrated into the eID account.

b) The in-charge officer receives information that the applicant provides and allows such information to be entered in the electronic identification and authentication system; takes the applicant’s portrait photo and fingerprint to have them checked against those available in the national entry/exit database and confirms approval for registration for an eID account.

c) The immigration department sends the request for issuance of an eID account to the electronic identification and authentication regulator.

d) The electronic identification and authentication regulator sends a VNeID-app, SMS and email notification of whether the registration request is accepted or refused.

Article 16. Processes and procedures for registration of eID accounts for non-person entities

1. The requesting non-person entity’s legal representative or head (already holding a level-2 eID account) logs in for the VNeID app to register an eID account on behalf of the requesting non-person entity; provides information according to the instructions available in the VNeID app and sends an account registration request to the electronic identification and authentication regulator via the VNeID app.

2. The electronic identification and authentication regulator proceeds to verify information about the requesting entity available in the national business registration database, the national database and other specialized databases. If information about the requesting entity is not available in the national business registration database, the national database and other specialized database yet, it must verify information of the requesting entity and send a VNeID app, SMS or email notification of whether the registration request is accepted or rejected to the person acting on the requesting entity’s behalf to submit the registration request.

Article 17. Duration of processing of registration requests for eID accounts

Upon receipt of all valid request documents prescribed herein, the competent Police shall process the registration request for an eID account within the following duration:

1. For any Vietnamese citizen who is holding a chip-based ID card: The maximum duration of completion of processing of the registration requests for level-1 eID accounts and level-2 eID accounts shall be 01 and 03 working days, respectively. For any Vietnamese citizen who does not hold a chip-based ID card: 

The maximum duration of completion of processing of the registration requests for eID accounts shall be 07 working days.

2. For foreigners: The maximum duration of completion of processing of the registration requests for level-1 eID accounts shall be 01 working day; for level-2 eID accounts, if the applicant’s portrait photo and fingerprint is available in the national entry/exit database, 03 working days; for level-2 eID accounts, if the applicant’s portrait photo and fingerprint is available in the national entry/exit database, 07 working days.

3. For non-person entities:

a) The maximum duration of completion of processing of the registration requests for eID accounts shall be 01 working day if verifiable information about the requesting entity already exists in the national database or specialized databases.

b) The maximum duration of completion of processing of the registration requests for eID accounts shall be 15 working day if verifiable information about the requesting entity is not available in the national database or specialized databases.

Article 18. Activation of eID accounts

EID holders can activate their eID accounts on the VNelD app within 07 days of receipt of notifications of approval for eID account registration requests. Within 07 days after receipt of the notification, if any eID account is not activated, the eID holder must contact the electronic identification and authentication regulator via the receiver switchboard and address issues related to electronic identification and authentication requirements to activate the eID account pending activation.

Article 19. Locking and unlocking eID accounts

1. Locking Vietnamese citizen's eID accounts

a) The electronic identification and authentication system automatically remembers and locks an eID account if the eID holder makes the request for locking his/her account; the eID holder is in breach of terms of use of the VNeID app; the eID holder's ID card is revoked; the eID holder dies. The system can remember through the eID holder’s declaration made on the VNelD app or input of updated eID information into the electronic identification and authentication according to Article 10 herein.

b) If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be locked, the account locking request must be sent to the Police to seek their approval for such request.

c) Within 02 working days, the request-receiving Police’s head can approve the locking request in the case specified in point b of clause 1 of this Article, and notify this to the agency or entity making the account locking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

2. Locking foreigner's eID accounts

a) The electronic identification and authentication system automatically remembers and locks an eID account if the eID holder makes the request for locking his/her account; the eID holder is in breach of terms of use of the VNeID app; the eID holder's passport or international travel document is revoked; the eID holder’s residence permit expires; the eID holder dies. The system can remember through the eID holder’s declaration made on the VNelD app or input of updated eID information into the electronic identification and authentication according to Article 10 herein.

b) If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be locked, the account locking request must be sent to the Police to seek their approval for such request.

c) Within 02 working days, the request-receiving Police’s head can approve the locking request in the case specified in point b of clause 1 of this Article, and notify this to the agency or entity making the account locking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

3. Locking non-person entity's eID accounts

a) The electronic identification and authentication system automatically remembers and locks an eID account if the eID holder makes the request for locking its account; the eID holder is in breach of terms of use of the VNeID app; its business is dissolved or closed under law. The system can remember through the eID holder’s declaration made on the VNelD app or input of updated eID information into the electronic identification and authentication according to Article 10 herein.

b) If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be locked, the account locking request must be sent to the Police to seek their approval for such request.

c) Within 02 working days, the request-receiving Police’s head can approve the locking request in the case specified in point b of clause 1 of this Article, and notify this to the agency or entity making the account locking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

4. Unblocking eID accounts

a) The electronic identification and authentication automatically unlocks an eID account immediately when grounds for automatically locking that eID account no longer exist;

b) If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be unlocked, the account unlocking request must be sent to the Police to seek their approval for such request.

c) Within 02 working days, the request-receiving Police’s head can approve the unlocking request in the case specified in point b of clause 2 of this Article, and notify this to the agency or entity making the account unlocking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

5. Ways to request locking and unlocking of eID accounts

a) The eID holder takes the steps specified in the instructions given on the VNeID app to request locking of an eID account;

b) The requesting eID holder must contact the switchboard receiving and responding to requests related to electronic identification and authentication; provide verified information about the eID account holder to request locking or unlocking of the eID account;

c) The requesting eID holder must contact the electronic identification and authentication regulator; provide verified information about the eID account holder to request locking or unlocking of the eID account.

6. Locking or unlocking an eID account at the request of the procedure-conducting agency or competent regulatory authority

The requesting procedure-conducting agency or competent regulatory authority must sent a written request for locking or unlocking of an eID account, clearly stating locking reasons and period of time, to the equivalent-level electronic identification and authentication regulator.

Article 20. Authority to grant eID accounts and issue decisions to lock or unlock eID accounts

1. Director of the Police Department on Administrative Management of Social Order under the Ministry of Public Security shall be mandated to issue eID accounts; issue decisions on automatic locking or unlocking of eID accounts on the electronic identification and authentication system, and requests for locking or unlocking of eID accounts of central department-, equivalent- or higher-level agencies.

2. Directors of Police Sub-Departments on Administrative Management of Social Order under Police Departments of provinces and centrally-affiliated cities shall be mandated to issue decisions on eID account locking or unlocking requests filed to these Police Departments.

3. Directors of Police Divisions of districts shall be mandated to issue decisions on eID account locking or unlocking requests that the Divisions receive.

4. Directors of Police Sub-Divisions of communes shall be mandated to issue decisions on eID account locking or unlocking requests that the Sub-Divisions receive.

Article 21. Storing information in the electronic identification and authentication system

1. Information about eID accounts shall be stored permanently in the electronic identification and authentication system.

2. History of access to eID accounts shall be stored in the electronic identification and authentication system for no more than 05 years after account access.

Article 22. Getting connected and access to eID accounts created by the electronic identification and authentication system

1. In order for individuals or non-person entities to get connected to the electronic identification and authentication system, the following conditions must be satisfied:

a) Their information facilities and systems must be in place to get connected to the electronic identification and authentication system;

b) Their information systems helping in getting connected to the electronic identification and authentication system must meet level-3 or higher-level safety requirements for information systems set out by law.

2. Documentation requirements and procedures for application for connection to the system:

a) Any individual or non-person entity wishing to get connected to the electronic identification and authentication system sends the written request for connection to the electronic identification and authentication regulator, clearly stating the scope and purposes of connection, and other papers or documents evidencing satisfaction of conditions for connection set out in clause 1 of this Article.

b) Based on the connection conditions specified in clause 1 of this Article, the scope and purposes of connection of individuals or non-person entities requesting connection, the electronic identification and authentication regulator conducts site inspection and issues decisions on whether connection is permitted or not.

c) Within 30 days of receipt of the connection request, the electronic identification and authentication regulator considers issuing a decision to permit connection in writing; in case of rejection, a written response, clearly stating reasons, must be sent.

3. Getting connected to the system:

a) After receiving the written consent to connecting the electronic identification and authentication system with information systems of individuals or non-person entities, electronic authentication service providers can make connection through service contracts with these connection-requesting individuals or non-person entities.

b) Electronic authentication service providers can cease connection if these contracting individuals or non-person entities are in breach of contractual terms and conditions. Electronic authentication service providers must report on this case in order for the electronic identification and authentication regulator to notify the connection-requesting individual or non-person entity.

Article 23. Electronic authentication

1. Agencies managing specialized databases, state agencies, political organization, socio-political organizations and organizations administering public services are entitled to authenticate information can authenticate information of eID holders via agencies managing the national database, specialized databases, electronic identification and authentication system; verify eID accounts through the electronic identification and authentication system.

2. Individuals or non-person entities other than those defined in clause 1 of this Article can request electronic authentication service providers to verify that their eID accounts are created by the electronic identification and authentication system and remain in use when they are applying to implement administrative procedures, public administration services and other transactions in cyberspace. Electronic authentication service providers reserve their right to refuse to verify ID information of eID holders and other information about eID account holders, unless otherwise decided by the Minister of Public Security.

Authenticating eID accounts at the request of individuals or non-person entities other than those specified in clause 1 of this Article shall be bound by terms and conditions of service contracts with electronic authentication service providers. eID account authentication must be subject to approval from eID holders.

3. Ministers, heads of quasi-ministries, People's Committees of provinces and centrally-affiliated cities in charge of the national database and specialized databases shall provide guidance on authentication of information of eID holders available in the respective database under their control.

Article 24. Levels of eID account authentication

1. Level 1: Authenticate an eID account by a single factor of authentication defined in clause 9 of Article 3, and by a means of authentication defined in clause 10 of Article 3 herein, except biometric data.

2. Level 2: Authenticate an eID account by two different factors of authentication defined in clause 9 of Article 3, and by a corresponding means of authentication defined in clause 10 of Article 3 herein, except biometric data.

3. Level 3: Authenticate an eID account by two or more different factors of authentication defined in clause 9 of Article 3, and by a corresponding means of authentication defined in clause 10 of Article 3 herein, including a biometric datum.

4. Level 4: Authenticate an eID account by checking factors of authentication, including portrait photo and fingerprint, against data available in the ID card or the citizen ID database or the national entry/exit database.

Article 25. E-authentication methods for use in services performed via the electronic identification and authentication system

1. With respect to online services, the e-authentication process shall be carried out through means of authentication whose levels of safety are required by providers of these online services.

2. Authentication of account information administered at the places where services are rendered shall be carried out by employing authentication solutions available in the VNeID app.

Chapter IV

E-AUTHENTICATION SERVICES

Article 26. E-authentication services

1. The e-authentication service is classified as a conditional industry.

2. E-authentication service providers are obliged to meet the conditions set out in Article 27 herein and must seek to obtain the certificate of conformance to e-authentication service business regulations.

3. Agencies, non-person entities and individuals creating eID accounts according to clause 3 of Article 13 herein shall not comply with the regulations laid down in Article 27, 28, 29 and 30 herein.

Article 27. Conditions for eligibility to provide e-authentication services

1. Organization and business conditions

In order to be eligible to provide e-authentication services, e-authentication service providers must be state-owned public or government service units; businesses under the control of People’s Public Security forces.

2. Personnel conditions

a) As an e-authentication service provider, the head of a non-person entity or the legal representative of a business must be a Vietnamese national permanently residing in Vietnam.

b) As an e-authentication service provider, the non-person entity or business must employ personnel holding at least undergraduate degrees in information security or information technology or telecommunication electronics majors to be in charge of providing services; running and administering their system; maintaining security for the entire system.

3. Conditions related to technical expertise, processes for management of services and security or emergency response plans

In order to apply for certificates of eligibility provide e-authentication services, non-person entities and businesses must have their service scheme including the following documents:

a) Action plan and process for provision of e-authentication services, including explanations about the information technology system; interpretation of the technical plan in the technological solution aspect; the plan for storage, assurance of data integrity, security and safety of the service providing system; the plan for protection of data of individuals and non-person entities; the security plan; the plan for fire safety, response to emergencies, maintenance of stable and smooth working condition of e-authentication services;

b) Introduction brochures about their machinery and devices in Vietnam satisfying regulatory fire safety requirements; resistant to flood, inundation, earthquake, electronic interference or unauthorized human access.

Article 28. Documentation requirements and procedures for application for certificates of conformance to e-authentication service business regulations

1. What documents to be submitted:

a) Application form XT01 given in Appendix hereto;

b) Full texts of the service scheme, enclosing the description sheet prescribed in clause 3 of Article 27 herein.

2. Certificate-issuing procedures, duration and approaches:

a) The applicant submits 01 set of documents specified in clause 1 of this Article directly; by post to the Ministry of Public Security; online through the national public service portal or the public service portal of the Ministry of Public Security;

b) If any of the documents specified in clause 1 of this Article is missed or invalid, within 03 working days after submission, the Ministry of Public Security must send a written notification of any necessary modification to the applicant.

c) Within 03 working days from the day on which valid documents are received, the Ministry of Public Security proceeds to conduct a survey on opinions of relevant ministries or quasi-ministries; within 10 days of receipt of the written request for opinions from the Ministry of Public Security, these ministries or quasi-ministries must send their responses;

d) Within 30 days of receipt of all required valid documents, the Ministry of Public Security conducts the site inspection at the applicant’s office and issues them with the certificate of conformance to e-authentication service business regulations by completing Form XT03 given in Appendix hereto to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent.

Article 29. Reissuance or replacement of certificates of conformance to e-authentication service business regulations

1. Revision of the certificate of conformance to e-authentication service business regulations can be permitted if there is any change in one of the particulars about legal representative, office address, transaction name, plan and process approved by the Ministry of Public Security in accordance with clause 3 of Article 27 herein.

In order to do so, the applicant must submit one set of documents to apply for revision of the certificate of conformance to e-authentication service business regulations to the Ministry of Public Security in accordance with point a of clause 2 of Article 28 herein. Documents to be submitted to apply for revision of the certificate are composed of the followings: Application form XT02 given in Appendix hereto; documents evidencing information changes.

a) If the applicant wishes to change one of the data about their legal representative, office address or transaction name, within 10 days of receipt of all required valid documents, the Ministry of Public Security conducts the inspection; issues the certificate of conformance to e-authentication service business regulations to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent;

a) If the applicant wishes to change one of the data about the plan and process for provision of e-authentication service, within 30 days of receipt of all required valid documents, the Ministry of Public Security conducts the review and the survey on opinions from relevant ministries or quasi-ministries; carries out the site inspection and issues the certificate of conformance to e-authentication service business regulations to the accredited applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent;

2. Reissuing another certificate of conformance to e-authentication service business regulations if the previous one is lost or damaged:

a) In order to do so, the applicant must submit one set of documents to apply for revision of the certificate of conformance to e-authentication service business regulations to the Ministry of Public Security in accordance with point a of clause 2 of Article 28 herein. Application documents for certificate reissuance are composed of: Application form XT02 given in Appendix hereto;

d) Within 30 days of receipt of the completed application form, the Ministry of Public Security considers reissuing another certificate of conformance to e-authentication service business regulations to the applicant; in case of rejection, a written notification, clearly stating reasons for such rejection, must be sent.

Article 30. Revocation or withdrawal of certificates of conformance to e-authentication service business regulations

1. E-authentication service provider's certificate of conformance to e-authentication service business regulations is revoked in the following cases:

a) As an e-authentication service provider, the non-person entity or business has not operated for at least six consecutive months;

b) It is dissolved or bankrupt as per law;

c) Its service is ceased;

d) It violates law on data privacy and cybersecurity.

2. The Ministry of Public Security may issue its decision on revocation of certificates of conformance to e-authentication service business regulations by completing the application form XT04 given in Appendix hereto.

3. The e-authentication service provider in question shall have the burden of protecting legitimate rights and interests of eID holders and related parties or stakeholders in accordance with law.

Article 31. Costs and expenses incurred from issuing and using eID accounts and using e-authentication services

1. Any eID holder that is a Vietnamese agency, non-person entity or citizen shall be exempted from paying costs incurred from registering and using eID accounts created by the electronic identification and authentication system.

2. Any non-person entity or individual using e-authentication services shall pay fees and charges to e-authentication service providers in accordance with law.

Chapter V

RESPONSIBILITIES OF AGENCIES, NON-PERSON ENTITIES AND INDIVIDUALS

Article 32. Responsibilities of eID holders

1. Protect eID data.

2. Secure authentication factors.

3. Immediately report to organizations providing electronic authentication services of their losing control of authentication means or detecting illegal access to their electronic identity, or of any other reasons that may pose threats to their use of service.

Article 33. Responsibilities of service users

1. Comply with technical regulations on ID and e-authentication.

2. Manage and secure eID account information; ensure that eID accounts are used in a safe manner.

3. Ensure accountability for transactions already performed and regulations of related parties on electronic transactions.

Article 34. Responsibilities of e-authentication service providers and agencies, non-person entities and individuals self-creating accounts

1. Responsibilities of e-authentication service providers

a) Render e-authentication services to non-person entities or individuals after entering into service agreements;

b) Ensure that information receiving channels are up and access to services is continuous 24 hours in 7 days a week;

c) Comply with the regulatory provisions of law on information, network security, cybersecurity, electronic transactions, technical standards and regulations in electronic authentication activities.

d) Adhere to the plan and process for providing electronic authentication services that have been reviewed by the Ministry of Public Security;

dd) Send six-monthly and annual performance reports on e-authentication services to the electronic identification and authentication regulator, or as requested by the electronic identification and authentication regulator.

2. Responsibilities of agencies, non-person entities and individuals self-creating accounts for their business:

a) Bear responsibility for accuracy of their self-created accounts;

b) Protect personal data that they collect or manage in accordance with law;

c) Ensure access to data is granted by owners of these data for use in all activities related to management and use of these data;

d) Delete collected data and manage them at the request of data owners, unless otherwise provided for by law;

dd) Send performance reports on e-authentication services to the electronic identification and authentication regulator upon request.

Article 35: Responsibilities of the Ministry of Public Security

1. Build, administer, protect and operate the electronic identification and authentication system; apply electronic identification accounts in state management, administrative reform, prevention and control of natural disasters and epidemics.

2. Carry out state management of electronic identification and authentication.

3. Issue guidelines on technical standards, processes and conditions to ensure connection with the electronic identification and authentication system; electronic authentication process of electronic authentication service providers.

4. Assume the prime responsibility for, and cooperate with ministries and ministerial-level agencies in, connecting national and specialized databases to facilitate electronic identification and authentication.

5. Take charge of, and cooperate with the Ministry of Information and Communications, the Ministry of National Defense, the Ministry of Justice and relevant ministries and ministerial-level agencies in, inspecting and examining electronic identification and authentication activities.

6. Settle complaints and denunciations; guide agencies, non-person entities and individuals on registration and management of electronic identification and authentication.

7. Connect and integrate the electronic identification and authentication system with the electronic identity exchange platform of the National Public Service Portal to help in settlement of administrative procedures and provide online public services in accordance with law.

8. Provide guidance on application of technical standards and regulations on electronic identification and authentication.

9. Take charge of, and cooperate with the Ministry of Information and Communications, the Ministry of National Defense, and the Government’s Cipher Committee in ensuring information safety and security for the electronic identification and authentication system.

10. Take charge of, and cooperate with ministries, ministerial-level agencies and Government bodies in, agreeing on papers, documents and plans to sync data to eID accounts.

11. Take charge of, and cooperate with ministries, ministerial-level agencies, government bodies, Government Cipher Committee, and People's Committees of provinces and centrally-run cities in agreeing on the plan for connection and sharing for use of electronic identities, eID accounts provided and created by the electronic identification and authentication system; ensure data confidentiality and security.

12. Cooperate with ministries, ministerial-level agencies, Government bodies, People's Committees of provinces and centrally run cities in carrying out data verification and synchronizing data of accounts created and used by the national public service portal, Information systems for handling administrative procedures at ministerial and provincial levels with those of accounts created by the electronic identification and authentication system.

13. Take charge of, and cooperate with the Ministry of Justice, the Ministry of Planning and Investment and the Ministry of National Defense in, ensuring that data and information available in the national population database, the national entry/exit database, and the electronic civil registration database and the national business registration database are connected, shared and updated to serve the electronic identification and authentication purposes.

14. Ensure that information receiving channels are up and access to the electronic identification and authentication system is continuous 24 hours in 7 days a week.

Article 36. Responsibilities of the Ministry of Information and Communications

1. Ensure that eIDs and eID accounts are used for carrying out administrative procedures or public administration services in cyberspace under their authority.

2. Take charge of, and cooperate with the Ministry of Public Security in, setting out regulations on technical connections to ensure that the National Data Sharing and Integration Platform is connected to the Electronic Identity and Authentication Platform and other relevant systems; ensure data and information confidentiality and security.

3. Cooperate with the Ministry of Public Security and the Ministry of National Defense to ensure data and information confidentiality and security for the electronic identification and authentication system.

Article 37. Responsibilities of the Ministry of National Defense

1. Guide its directly-controlled agencies, units, enterprises and individuals to conduct electronic identification and authentication in accordance with regulations on protection of state secrets in national defense activities.

2. Ensure that eIDs and eID accounts are used for carrying out administrative procedures or public administration services in cyberspace under their authority delegated by law.

3. Cooperate with the Ministry of Public Security in agreeing on the plan for connection and sharing for use of electronic identities, eID accounts provided and created by the electronic identification and authentication system.

4. Cooperate with the Ministry of Public Security in ensuring data and information security and cybersecurity for the electronic identification and authentication system.

Article 38. Responsibilities of the Government Cipher Committee

1. Provide guidance on applying technical standards and regulations on civil cryptography and the use of the Government's specialized digital signature authentication service in electronic identification and authentication activities.

2. Take charge of, and cooperate with the Ministry of Public Security in, assessing cryptographic security for users of electronic authentication services.

3. Cooperate with the Ministry of Public Security in ensuring data and information confidentiality and security by using cryptographic products for the electronic identification and authentication system; using electronic identities and eID accounts for administering the Government’s digital signature services.

Article 39. Responsibilities of ministries, quasi-ministries, government bodies and People's Committees of centrally-affiliated cities and provinces

1. Cooperate with the Ministry of Public Security to connect the electronic identification and authentication system with the National Public Service Portal and Information Systems for handling administrative procedures at ministerial and provincial levels to serve the purposes of settling public administration services in cyberspace. This task must be completed by June 30, 2024 at the latest.

2. Ensure that eIDs and eID accounts are used for carrying out administrative procedures or public administration services in cyberspace.

3. Cooperate with the Ministry of Public Security in agreeing on the plan for connection and sharing for use of electronic identities, eID accounts provided and created by the electronic identification and authentication system; ensuring data and information confidentiality and security.

4. Ensure stable and smooth operation of national databases, specialized databases in authentication at the request of specialized database managing agencies, state agencies, political organizations, socio-political organizations and other organizations assigned to perform public services.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 40. Entry into force

1. This Decree is commencing as from October 20, 2022.

2. Accounts available on the National Public Service Portal and Information Systems for handling administrative procedures at ministerial and provincial levels can be used for the purposes of carrying out administrative procedures and public administration services in cyberspace. This task must be completed by July 1, 2024 at the latest.

3. Amendments and supplements to clause 1 of Article 7 in the Decree No. 45/2020/ND-CP dated April 8, 2020 on implementation of administrative procedures and public administration services in cyberspace shall be as follows:

“1. Non-person entities and individuals can carry out administrative procedures on the National Public Service Portal and Information Systems for handling administrative procedures at ministerial and provincial levels via eID accounts created by the electronic identification and authentication system that are connected and integrated on the National Public Service Portal”.

Article 41. Implementation responsibilities

1. The Ministry of Public Security shall be responsible for providing guidance on, inspecting and encouraging implementation of this Decree.

2. In the course of implementation thereof, the Ministry of Public Security shall cooperate with the Ministry of Information and Communications on dealing with issues under its delegated authority. Where necessary, the Prime Minister’s decision should be sought.

3. Ministers, Heads of Ministry-level agencies, Heads of Government bodies, and Presidents of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Pham Minh Chinh