Chương I Nghị định 87/2020/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and regulated entities

1. This Decree provides for development, management, update, extraction and use of electronic civil status database; connection and sharing data between electronic civil status database with national population database, national public service portal, public service portals, provincial single-window information system, other databases of ministries and local governments; issuance of copies of civil status extract and civil status confirmation; online civil registration.

2. Regulated entities of the Decree are ministries, ministerial agencies and central regulatory authorities; People’s Committees of all levels, domestic civil status registration and management agencies and overseas Vietnam representative missions; relevant organizations and individuals in developing, managing, updating, extracting and using electronic civil status database.

Article 2. Term interpretation

1. Electronic civil status database is database formed on the basis of computerized civil registration in order to store civil information of registered individuals as per the law by digital devices, in cyber environment via common electronic civil registration and management software.

2. Common electronic civil registration and management software shall be the basis of electronic civil status database, including civil registration and management software and software, applications and services developed, designed and provided to civil registration and management agencies by Ministry of Justice to register civil status, develop, update, digitalize, standardize and manage civil status data, extract and use electronic civil status database.

Common electronic civil registration and management software shall be connected with provincial electronic single-window information systems; then connect with national public service portal and provincial public service portal via provincial electronic single-window information systems to receive, process and monitor receipt, processing and processing results of administrative procedures in civil status performed online.

3. Agencies capable of managing electronic civil status database consist of civil registration agencies, Ministry of Justice, Departments of Justice of provinces and central-affiliated cities (hereinafter referred to as “Departments of Justice”), and Justice Agencies of districts, towns and townlets affiliated to provinces and townlets affiliated to central-affiliated cities and (hereinafter referred to as “Justice Agencies”).

4. Full name consisting of family name, first name and middle name (if any).

Article 3. Information in electronic civil status database

1. Information in electronic civil status database consists of:

a) Civil status information of an individual established during his/her birth registration includes: full name; date of birth; gender; place of birth, ethnic group, nationality, hometown, residence, personal identification number, personal identification document(s) of his/her parent(s); full name, personal identification number and personal identification document(s) of person(s) performing civil registration and relationship with the individual; registration number, book number, date of registration, name of birth registration agencies; full name and title of person signing birth certificate;

b) Civil status information of an individual who is a Vietnamese national whose birth registration has been adopted by a competent oversea agency established when he/she is registered in civil registers includes: full name; date of birth; gender; place of birth; ethnic group, nationality, hometown, personal identification number, personal identification document of the individual; full name, date of birth, ethnic group, nationality, hometown, personal identification number and personal identification document(s) of his/her parent(s); type of document, document number, date of issue, name of agency and country that issue civil status documents which serve as the basis for birth registration overseas; information on person performing birth registration; full name, personal identification number and personal identification document of applicant for birth registration; registration number, book number, date of registration, name of overseas agency performing birth registration; full name and title of person signing extract and specifying birth registration in civil registers;

c) Other civil status information of an individual updated in his/her civil status information which is established as specified under Point a and Point b of this Clause consists of: information on marriage registration; issuance of marital status verification; guardian(s); acknowledging parent(s) and child/children; adopting child/children; revision of civil status information, re-verification of ethnic group; declaration of death; recording revision of civil status according to judgments and decisions of competent authorities in civil registers; recording processed civil status affairs of a Vietnamese national by an oversea competent agency in civil registers;

d) Scanned or photo of page(s) of civil registers that contain information that is digitalized and standardized according to Point b Clause 2 of this Article.

2. Information in electronic civil status database shall be formed from following sources:

a) Civil status information of individuals registered via common electronic civil status registration and management system;

b) Civil status information digitalized and standardized from civil registers;

c) Information connected and shared from national population databases;

d) Civil status information shared, converted and standardized from previously established electronic civil status software and databases.

Article 4. Principles for developing, updating, managing, extracting and using electronic civil status database and registering civil status online

1. Electronic civil status database shall be developed and managed in a concentrated manner from central to local governments.

2. Electronic civil status database shall be updated promptly, adequately and accurately and maintained in terms of operation continuously, stably and throughout to satisfy extraction and use demands of agencies, organizations and individuals as per the law.

3. Electronic civil status database shall be stored and secured to satisfy information safety.

4. Development, update, management, extraction and use of electronic civil status database and online civil registration must comply with Law on Civil Status and applicable elaborating documents; regulations and law on structure of Vietnam e-Government; regulations on management, connection and sharing digital data of regulatory authorities; regulations on protecting private life, personal secrets, family secrets and other relevant law provisions.

Article 5. Prohibited acts

1. Providing incorrect information when registering civil status online.

2. Illegally accessing electronic civil status database; falsifying information, illegally changing, deleting or removing data in the electronic civil status database; extracting, using or disclosing information from the electronic civil status database illegally; infringing rights related to private life, personal secrets or family secrets.

3. Destroying information infrastructure or obstructing operation, stability and continuity of electronic civil status database.