Chương V Nghị định 59/2022/NĐ-CP: Trách nhiệm của cơ quan, tổ chức, cá nhân

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.