Chương II Nghị định 87/2020/NĐ-CP: Xây dựng, cập nhật, khai thác, sử dụng cơ sở dữ liệu hộ tịch điện tử

Chapter II

DEVELOPMENT, MANAGEMENT, UPDATE, EXTRACTION AND USE OF ELECTRONIC CIVIL STATUS DATABASE

Article 6. Development of electronic civil status database

1. Development of electronic civil status database consists of following activities:

a) Ensuring technical and information infrastructures;

b) Designing and organizing the database;

c) Implementing, upgrading, improving and expanding common electronic civil registration and management software;

d) Collecting, standardizing and entering data;

dd) Storing, securing and ensuring information safety and security for the database; developing measures to guarantee integrity and inevitability of data;

e) Training, improving and organizing personnel, operating, managing, updating, extracting and using the database;

g) Operating and calibrating the database;

h) Other activities as per the law.

2. Structural design of electronic civil status database must conform to database standards and technical regulations, standards, information technology, economic and technical norms; be compatible and capable of integrating, sharing data and expanding data field in system and application software design; be able to satisfy expansion, upgrade and development.

Article 7. Data update in electronic civil status database

1. Information updated in electronic civil status database consisting of civil status information of an individual and civil status information of his/her parents and spouses in case of changes to marital affairs, changes, reform or revision of civil status information, re-verification of ethnic group; acknowledging parent(s), child/children; acting as guardians; adopting child/children; 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.

2. Responsibilities for updating data

a) Civil registration agencies shall use common electronic civil registration and management software to update data as specified under Clause 1 of this Article.

b) Civil registration and management agencies upon receiving civil documents or information on changes to civil status information specified under Clause 1 of this Article via electronic system shall update in the civil status database in case the changed civil status information has not been updated via common civil registration and management software and record changed civil status information in respective civil registers immediately within the working day. In case of receiving civil documents or information after 3 p.m., proceed in the next working day.

3. Heads of civil registration agencies are responsible for regularly examining and supervising data update of their agencies; superior civil management agencies are responsible for regularly examining and supervising data update of subordinate civil registration agencies.

Article 8. Extraction and use of electronic civil status database

1. Civil registration agencies shall extract and use the electronic civil status database to perform civil registration within their competence; issue copies of civil status excerpt; issue confirmation of marital status; record figures related to civil registration and perform other state management affairs in civil status as per the law.

2. Ministry of Justice shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals whose civil status information is included in the electronic civil status database; implement connection and sharing data between the electronic civil status database and other databases of ministries and local governments; perform other state management activities related to civil status as per the law.

3. Ministry of Foreign Affairs shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals who have performed civil registration in representative missions; perform other state management activities related to civil status as per the law.

4. Departments of Justice and Justice Agencies shall extract and use the electronic civil status database to issue copies of civil status excerpt and verify civil status information for individuals who have performed civil registration in civil registration agencies within their competence or when applied by individuals residing in the area; perform other state management activities related to civil status within their competence as per the law.

5. Agencies and organizations requesting for civil status information from the electronic civil status database for state management purposes shall apply to competent agencies specified under Clauses 2, 3 and 4 of this Article.

6. Individuals applying for extracting their civil status information in the electronic civil status database shall submit application for issuance of copies of civil status excerpt and civil status verification to competent civil registration and management agencies.

Article 9. Responsibilities of agencies, organizations and individuals applying for extraction and use of electronic civil status database

1. Complying with regulations and law on civil status and applicable laws on using information on the internet; extraction and use of data in cyber environment; protection of private life, personal secrets and family secrets.

2. Organizations and individuals applying for issuance of copies of civil status excerpt, verification of civil status information, extraction and use of information in civil status database must pay fees as per the law.

Article 10. Connection and sharing information between the electronic civil status database, national population database and other databases of ministries and local governments

1. Connection and sharing information between the electronic civil status database and national population database shall be implemented via data sharing services.

2. The electronic civil status database shall provide following information of an individual for the national population database:

a) Information during birth registration, including: full name, date of birth, gender, hometown, ethnic group, nationality of individuals subject to birth registration; full name, date or year of birth, ethnic group, nationality, personal identification number or ID number and residence of parents of the individuals subject to birth registration; place where birth registration is performed;

b) Information on marital status, including: marriage registration information; information recorded regarding changes to marital status according to judgments and decisions on competent authorities; information recorded in civil registers regarding marriage, divorce or marriage annulment of a Vietnamese national that have been processed by an oversea competent agency;

c) Information on changes and revision to civil status, addition of civil status information, re-verification of ethnic group; recording changes of civil status according to judgments and decisions of competent authorities in civil registers; recording civil status affairs of Vietnamese nationals processed by overseas competent agencies;

d) Information on application for guardians and termination of guardians;

dd) Information on declaration of missing persons, cancellation of declaration of missing persons, declaration of death or cancellation of declaration of death;

e) Information on registration for declaration of death.

3. National population database shall provide following information for the electronic civil status database:

a) Personal identification number at the time in which birth registration is performed on common electronic civil registration and management software;

b) Information on full name, personal identification number, ID number, place where birth registration is performed, date of birth, gender, ethnic group, nationality, hometown, marital status, permanent residence, current residence, date of death or missing; full name, personal identification number, ID number, ethnic group, nationality of parents, spouses and legal representatives of individuals born before January 1, 2016 gathered in national population database to enable the electronic civil status database to compare and update civil status information.

4. Connection and sharing data between the electronic civil status database and other databases of ministries and local governments shall be implemented at default according to regulations and law on management, connection and sharing digital data of regulatory authorities on the basis of agreement between Ministry of Justice and presiding authorities on scope, form and structure of connected data, responsibilities of parties in ensuring information safety and security and protecting private life, personal secrets and family secrets.

Article 11. Procedures for connecting and sharing information between the electronic civil status database and national population database

1. When performing birth registration for Vietnamese nationals, information specified under Point a Clause 2 Article 10 of this Decree shall be transferred from the electronic civil status database to national population database. National population database shall provide personal identification number for the electronic civil status database and store information of the nationals in the national population database. Information shall only be stored in national population database when it is not overlapping.

2. After performing civil registration which changes birth registration information of individuals, the electronic civil status database shall transfer information as specified under Points b, c, d, dd and e Clause 2 Article 10 of this Decree to nation population database for update.

3. National population database shall provide information as specified under Clause 3 Article 10 of this Decree to the electronic civil status database at request of civil registration and management agencies from the common civil registration and management software via data sharing services.

4. Ministry of Justice and Ministry of Public Security are responsible for guiding agencies managing national population agencies and agencies managing the electronic civil status database to examine, verify and ensure consistency of information in both databases, ensure that documents of individuals related to birth registration information must conform to birth registration of the individuals as specified under Clause 3 Article 14 of Law on Civil Status.