Chương I Nghị định 59/2022/NĐ-CP: Quy định chung

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.