Chương II: Nghị định 69/2024/NĐ-CP Danh tính điện tử, định danh điện tử, tài khoản định danh điện tử, xác thực điện tử

Chapter II

ELECTRONIC IDENTITY, E-IDENTIFICATION, E-IDENTIFICATION ACCOUNT, E- AUTHENTICATION

Article 5. Foreigner’s eID

1. Foreigner’s eID contains the followings:

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), and place of issue of passport or other international travel document;

g) Portrait photo;

h) Fingerprint;

2. 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.

Article 6. E-identity of an agency or organization 

1. E-identity of an agency or organization is composed of:

a) Its ID number;

b) Its name, including Vietnamese name, abbreviated name (if any) and international name (if any);

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

d) Head office address;

dd) Tax identification number (if any);

e) Enterprise identification number (if any);

g) Its eID code (if any);

h) Last, middle and first name, personal ID number (or ID number of the foreigner) of the legal representative or the head of the agency or organization following procedures for issuance of an eID account to the agency or organization.

2. ID number of an agency or organization refers to a unique numerical string generated by the electronic identification and authentication system to manage an eID of the agency or organization.

Article 7. Classification of eID accounts and individuals and organizations eligible to be granted eID accounts

Each Vietnamese agency, organization or individual and each foreign organization or individual operating or residing within the territory of the Socialist Republic of Vietnam is granted an eID account. To be specific:

1. A Vietnamese citizen who is 14 years of age or older and has been issued with a citizen ID card or an ID card that is still valid is eligible to be granted a level -1 eID account, level -2 eID account.

A Vietnamese citizen who is from 6 years of age to under 14 years of age and has been issued with an ID card is eligible to be granted a level -1 eID account, level -2 eID account where necessary. A Vietnamese citizen who is under 6 years of age and has been issued with an ID card is eligible to be granted a level -1 identification account when necessary.

2. A foreigner who is 6 years of age or older and has been issued with a permanent/temporary resident card in Vietnam is eligible to be granted a level -1 eID account, level -2 eID account where necessary. A foreigner who is under 6 years of age and has been issued with a permanent/temporary resident card in Vietnam is eligible to be granted a level -1 eID account where necessary.

3. Any agency or organization that is established or successfully registers their operation in Vietnam is eligible to be granted an eID account regardless of level of authentication.

Article 8. Updating information to electronic identification and authentication system 

1. If pieces of information related to eIDs of individuals available in the national population database, the electronic civil registration database, the ID database, the national entry/exit database or other national or specialized databases or those integrated into eID accounts are changed, the electronic identification and authentication system shall be updated automatically.

2. Pieces of information related to eIDs of agencies or organizations available in the national business registration database, other national or specialized databases shall be updated automatically to the electronic identification and authentication system in order to formulate their ID numbers and eID accounts which serve electronic identification and authentication.

Article 9. Using eID accounts or other e-transaction accounts created by agencies, organizations and individuals

1. Level-1 eID account of a Vietnamese citizen or foreigner is used to access, extract and use information on eID and some features, services and applications of the electronic identification and authentication system, the information system connected and shared according to regulations of law.

2. Level-2 eID account of a Vietnamese citizen is used to access and use e-identification or information other than that integrated into the e-identification shared, integrated and updated from national or specialized databases and all features, services and applications of the electronic identification and authentication system, the information system connected and shared according to regulations of law.

3. Level-2 eID account of a foreigner or eID account of an agency or organization is used to access, extract and use eID information and other information shared, integrated and updated from national or specialized databases and all features, services and applications of the electronic identification and authentication system, the information system connected and shared according to regulations of law.

4. EID holders shall be entitled to log in their eID accounts to access, conduct authentication and use features and services on the national identification application, dinhdanhdientu.gov.vn or vneid.gov.vn or other services on applications and software of other agencies, organizations and individuals that have been connected to the electronic identification and authentication system.

5. Access to eID accounts can be granted to carry out administrative procedures or public administration services in cyberspace and other activities to meet the demands of eID holders.

6. Information on eIDs and that integrated into e-identification and eID accounts have the same confirmatory value as those provided or included in physical documents used and presented upon carrying out administrative procedures, public services, and other transactions and activities.

7. Agencies, organizations and individuals shall be entitled to create e-transaction accounts for use in their activities according to regulations of the law on e-transactions; 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 e-transaction accounts shall be provided by account holders and used by agencies, organizations or individuals for its original purposes with authorization from account holders.

Article 10. Procedures for issuing eID accounts to Vietnamese citizens 

1. Issuance of a level-1 eID account

a) Each Vietnamese citizen uses a digital device to download and install the national identification application;

b) The citizen uses the national identification application to enter his/her personal ID number, lawfully registered mobile subscriber identification number (MSIN) or email address (if any); provides information according to instructions available on the national identification application; takes a portrait photo by the digital device and sends the request for issuance of an eID account to the electronic identification and authentication regulator;

c) The electronic identification and authentication regulator inspects and authenticates information provided by the citizen and sends a notification of whether the registration request is accepted or refused via the national identification application, MSIN or email;

d) The representative or the guardian uses their lawfully registered mobile subscriber identification number and level-2 eID account to make declaration and apply for issuance of the level-1 eID account to the person who is under 14 years of age, the ward or the represented person via the national identification application.

2. Issuance of a level-2 eID account

a) The citizen contacts the police authority of the commune, ward or town or the identification-managing agency regardless of their place of residence to present their citizen ID card or ID card that is still valid and follow procedures for issuance of a level-2 eID account.

b) The citizen writes full and accurate information in a written request for issuance of eID account according to Form No. TK01 enclosed with this Decree, including their lawfully registered mobile subscriber identification number (MSIN) or email address (if any) and other information proposed to be integrated into the e-identification (if required) and sends the written request to the recipient;

c) The recipient enters information provided by the citizen into the electronic identification and authentication system for authentication; takes the citizen’s portrait photo and fingerprint to have them checked against those available in the identification database;

d) The electronic identification and authentication regulator inspects and authenticates information provided by the citizen and sends a notification of whether the registration request is accepted or refused via the national identification application, MSIN or email;

dd) The person who is under 14 years of age, the ward or the represented person and their representative or the guardian contact the police authority of the commune, ward or town or the place where procedures for issuing ID cards are followed in order to follow procedures for issuance the level-2 eID account;

The representative or the guardian uses their lawfully registered mobile subscriber identification number to make declaration and apply for issuance of the level-2 eID account to the person who is under 14 years of age, the ward or the represented person.

3. If the citizen has not yet been issued with a citizen ID card or ID card, he/she shall apply for issuance of the eID account and the ID card at the same time according to procedures specified in Clause 1, Clause 2 of this Article.

Article 11. Procedures for issuing eID accounts to foreigners 

1. Issuance of a level-1 eID account

a) Each foreigner uses a digital device to download and install the national identification application;

b) The citizen uses the national identification application to enter information about the number of his/her passport or international travel document or email address or registered mobile subscriber identification number (MSIN) (if any); provides information according to instructions available on the national identification application; takes a portrait photo by the digital device and sends the request for issuance of an eID account to the electronic identification and authentication regulator via the national identification application;

c) The electronic identification and authentication regulator sends a notification of whether the registration request is accepted or refused via the national identification application, MSIN or email;

d) The representative or the guardian uses their lawfully registered mobile subscriber identification number and level-2 eID account to make declaration and apply for issuance of the level-1 eID account to the foreigner who is under 14 years of age, the ward or the represented person via the national identification application.”

2. Issuance of a level-2 eID account

a) The foreigner contacts the immigration department of the Ministry of Public Security or the provincial police authority to present his/her passport or international travel document and follow procedures for issuing a level-2 eID account;

b) The foreigner writes full and accurate information in a written request for issuance of the eID account according to Form No. TK01 enclosed with this Decree, including their lawfully registered mobile subscriber identification number (MSIN) or email address (if any) and other information proposed to be integrated into the national identification application and sends the written request to the recipient;

c) The recipient enters information provided by the foreigner into the electronic identification and authentication system; takes the foreigner’s portrait photo and fingerprint to have them checked against those available in the national entry/exit database;

d) The immigration department sends the request for issuance of the eID account to the electronic identification and authentication regulator;

dd) The electronic identification and authentication regulator sends a notification of whether the registration request is accepted or refused via the national identification application, MSIN or email;

e) The foreigner who is under 14 years of age, the ward or the represented person and their representative or the guardian contact the immigration department of the Ministry of Public Security or the provincial police authority in order to follow procedures for issuance the level-2 eID account;

The representative or the guardian uses their lawfully registered mobile subscriber identification number to make declaration and apply for issuance of the level-2 eID account to the foreigner who is under 14 years of age, the ward or the represented person.

Article 12. Procedures for issuing eID accounts to agencies or organizations 

1. The legal representative, head of an agency or organization, or the legally represented person, the person authorized by the head (the authorized person) uses their level-2 eID account to log in for the national identification application, provides information according to instructions and sends an eID account registration request after obtaining approval from other legal representatives of the organization (if any).

In case the eID account registration request is submitted in a direct manner, the legal representative, head of an agency or organization or the authorized person shall make declarations on a written request for issuance of the eID account to the agency or organization according to From No. TK02 enclosed with this Decree, and submit an application at the electronic identification and authentication regulator or the identification-managing agency that is convenient.

2. The electronic identification and authentication regulator inspects and authenticates information on the agency or organization available in the national business registration database, the national database and other specialized databases.

If information about the agency or organization is not available in the national business registration database, the national database and other specialized database yet, it must verify information of the agency or organization.

3. The electronic identification and authentication regulator sends a notification of whether the request for registration of eID account issued to the legal representative or the head of agency or organization is accepted or refused via the national identification application, MSIN or email.

If it is not eligible to issue the eID account, the electronic identification and authentication regulator shall send notification in writing, via SMS or the eID account of the registrar.

Article 13. Duration of processing of registration requests for eID accounts

Upon receipt of all valid applications prescribed herein, the electronic identification and authentication regulator shall process the registration request for an eID account within the following duration:

1. For any Vietnamese citizen who is holding a citizen ID card or ID card that is still valid:

a) The maximum duration of completion of processing of the registration request for a level-1 eID account shall be 01 working day;

b) The maximum duration of completion of processing of the registration request for a level-2 eID account shall be 03 working days;

2. For any Vietnamese citizen who does not hold an ID card or holds an expired citizen ID card, the maximum duration of completion of processing of the registration request for an eID account shall be 07 working days.

3. For a foreigner:

a) The maximum duration of completion of processing of the registration request for a level-1 eID account shall be 01 working day;

b) The maximum duration of completion of processing of the registration request for a level-2 eID account shall be 03 working days if the foreigner’s portrait photo and fingerprint is available in the national entry/exit database;

c) The maximum duration of completion of processing of the registration request for a level-2 eID account shall be 07 working days if the foreigner’s portrait photo and fingerprint is not available in the national entry/exit database;

4. For an organization:

a) The maximum duration of completion of processing of the registration request for an eID account shall be 03 working days if verifiable information about the organization already exists in the national database or specialized databases;

b) The maximum duration of completion of processing of the registration request for an eID account shall be 15 working days if verifiable information about the organization is not available in the national database or specialized databases;

Article 14. Activation and use of eID accounts

1. EID holders can activate eID accounts of individuals, agencies and organizations on the national identification application within 07 days from the date 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.

2. The person who is under 14 years of age or the ward or the represented person shall obtain confirmation and approval from the representative or the guardian for use of their eID account via the national identification application. The representative or the guardian may use the eID account of the person who is under 14 years of age, the ward or the represented person to carry out transactions and other activities which serve their rights and interests.

3. Each eID account and electronic authentication service have legal value to confirm and prove that the eID holder has conducted and approved transactions.

4. The electronic identification and authentication regulator shall connect, share and authenticate data in order for eID holders to use their eID accounts in other countries according to international treaties to which Vietnam is a signatory.

Article 15. Procedures for locking and unlocking eID accounts

1. Locking and unlocking a Vietnamese citizen's eID account.

The electronic identification and authentication system automatically locks or unlocks the citizen's eID account when their e-identification is locked or unlocked or their citizen ID card or ID card is expired.

2. Locking an eID account of a foreigner or an organization.

a) The electronic identification and authentication system automatically remembers, inspects, authenticates and locks an eID account if the foreigner makes the request for locking his/her eID account; the foreigner violates agreements on use of the national identification application; the foreigner's passport or international travel document is expired; the foreigner’s residence permit expires; the foreigner dies. The system can remember through the foreigner’s declaration made on the national identification application or input of updated information according to regulations in Article 8 of this Decree;

b) The electronic identification and authentication system automatically remembers, inspects, authenticates and locks an eID account if the organization makes the request for locking its eID account or the organization violates agreements on use of the national identification application or the organization is dissolved, goes bankrupt, has its operations suspended or terminated according to regulations of law. The system can remember through the organization’s declaration made on the national identification application or input of updated information according to regulations in Article 8 of this Decree;

c) A procedure-conducting agency or another competent authority shall send a written request for locking or unlocking the eID account or e-identification according to Form No. TK03 enclosed with this Decree to the police authority of the commune, ward or town or the nearest identification-managing agency of the police authority of the province or district for receipt and processing;

d) Within 01 working day from the date of receipt of the written request, the police authority of the commune, ward or town or the identification-managing agency of the police authority of the province or district where the written request is received shall consider transferring the request for locking the eID account to the head of the identification-managing agency of the Ministry of Public Security for consideration and approval via the electronic identification and authentication system;

dd) Within 02 working days from the date of receipt of the request from the police authority of the commune, ward or town or the identification-managing agency of the police authority of the province or district, the head of the identification-managing agency of the Ministry of Public Security shall consider approving the locking request in the case specified in Clause 2 of this Article and notify this to the agency making the eID account locking request and the holder of the locked account. In case of rejection, a written reply with clear reasons for such rejection shall be sent.

3. Unlocking an eID account.

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

b) The procedure-conducting agency or another competent authority shall send a written request for locking or unlocking the eID account or e-identification to the police authority of the commune, ward or town or the nearest identification-managing agency of the police authority of the province or district for receipt and processing;

c) Within 01 working day from the date of receipt of the written request, the police authority of the commune, ward or town or the identification-managing agency of the police authority of the province or district where the written request is received shall consider transferring the request for unlocking the eID account to the head of the identification-managing agency of the Ministry of Public Security for consideration and approval via the electronic identification and authentication system;

d) Within 02 working days from the date of receipt of the proposal from the police authority of the commune, ward or town or the identification-managing agency of the police authority of the province or district, the head of the identification-managing agency of the Ministry of Public Security shall consider approving the unlocking request in the case specified in Clause 2 of this Article and notify this to the agency making the eID account unlocking request and the holder of the unlocked account. In case of rejection, a written reply with clear reasons for such rejection shall be sent.

Article 16. Authority to issue, lock and unlock eID accounts of Vietnamese citizens, foreigners, agencies and organizations 

Director of the Police Department on Administrative Management of Social Order under the Ministry of Public Security has authority to issue, lock and unlock eID accounts of Vietnamese citizens, foreigners, agencies and organizations.

Article 17. Storage of information in the electronic identification and authentication system 

1. All information on eIDs and other information integrated into eID accounts shall be stored permanently in the electronic identification and authentication system.

2. All information on history of access to eID accounts shall be stored in the electronic identification and authentication system for at least 05 years after account access. Account holders are entitled to extract information about history of access to their eID accounts; the electronic identification and authentication regulator is entitled to extract information history of access to eID accounts to serve state management; in other cases, regulations of law shall be applied.

Article 18. Conditions and procedures for connection to the electronic identification and authentication system 

1. A state agency, political organization, socio-political organization or public service provider that has an information system under its management connected to the electronic identification and authentication system shall ensure that the information system meets level-3 or higher-level safety requirements applicable to information systems according to regulations of law on security of information system by classification.

2. According to regulations in Clause 1 of this Article, the information shall be connected and shared on the basis of a written agreement between the electronic identification and authentication regulator and the governing body of database and information system to be connected. The written agreement shall specify scope and purposes of connection.

3. Within 30 days from the date on which the written agreement specified in Clause 3 of this Article is concluded, the electronic identification and authentication regulator shall carry out on-site inspection and assessment of the database and information system of the agency or organization requesting connection; if the database and information system have been connected to the national population database, the time limit for consideration and approval of the connection shall not exceed 07 working days.

 In case of approval for the connection, the electronic identification and authentication regulator shall notify in writing for the agency or organization and make connection under the written agreement. In case of rejection, a written reply with clear reasons for such rejection shall be sent.

4. An agency or organization not regulated in Clause 1 of this Article shall make connection to the electronic identification and authentication system through an electronic authentication service provider.

5. The electronic authentication service provider that is allowed to make connection to the electronic identification and authentication system for provision of electronic authentication services is not required to follow procedures specified in this Article.

Article 19. Electronic authentication 

1. EIDs and eID accounts shall be electronically authenticated via the electronic identification and authentication system and the electronic identification and authentication platform according to regulations of this Decree.

2. State agencies, political organizations, socio-political organizations and public service providers are entitled to request electronic authentication by connecting and sharing information with the electronic identification and authentication system or the national database, specialized databases containing the information to be electronically authenticated.

3. Agencies and organizations other than those specified in Clause 2 of this Article are entitled to request electronic authentication through services provided by electronic authentication service providers; the electronic authentication of eIDs and eID accounts at the request of agencies and organizations specified in this Clause must be subject to approval from eID holders by certification made in the national identification application, SMS via MSIN or other certification forms according to regulations.

4. Organizations and individuals must not provide and share electronic authentication results with other organizations and individuals, unless otherwise provided by the law on protection of personal data; electronic authentication results are not valid as authentication factors in other transactions.

Article 20. Levels of eID account authentication 

1. The electronic identification and authentication system provides levels of eID account authentication as follows:

a) Level 1: Authenticate an eID account by a single factor of authentication defined in Clause 7 of Article 3, and by a corresponding means of authentication defined in Clause 8 of Article 3 herein, except for biometric data.

b) Level 2: Authenticate an eID account by two different factors of authentication defined in Clause 7 of Article 3, and by a corresponding means of authentication defined in Clause 8 of Article 3 herein, except for biometric data.

c) Level 3: Authenticate an eID account by two or more different factors of authentication defined in Clause 7 of Article 3, and by a corresponding means of authentication defined in Clause 8 of Article 3 herein, including a biometric datum.

d) Level 4: Authenticate an eID account by different factors of authentication, including at least a biometric datum (portrait photo, fingerprint, voice or irides), at least a factor owned by an eID holder (ID card, digital device, software) and a factor that the eID holder knows (password; secret key; two-dimensional barcode).

2. Other electronic transaction accounts created by agencies, organizations and individuals shall be referred according to regulations in Clause 1 of this Article for classification and identification in corresponding to each professional operation and procedure of such agencies, organizations and individuals or according to regulations of specialized laws and guidelines provided by competent state management agencies in each sector.

Article 21. E-authentication methods for use in transactions conducted via the electronic identification and authentication system

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

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