Chương III Thông tư 07/2016/TT-BCA : Cơ sở dữ liệu căn cước công dân

Chapter III

CITIZEN IDENTIFICATION DATABASE

Article 8. Processes and procedures for collection, update and modification of information in the Citizen Identification Database

1. The Citizen Identification Database is connected to the National Population Database, the residential database and other specialized databases from the People’s Public Security in order to collect, update and share citizen information.

2. Collection and update of citizen information in the Citizen Identification Database during the process of issuance, replacement and reissuance of Citizen Identification Cards shall be carried out as follows:

a) The official of the citizen identification management authority issuing, replacing and reissuing Citizen Identification Cards has the responsibility to check, collect citizen information in Citizen Identification forms and Citizen Identification Information Collection forms, and store citizen information in the Citizen Identification Database.

b) If there is any change in citizen information during the replacement or reissuance process, the official who receives the application for that replacement or reissuance has responsibility to prepare Citizen Identification Information Modification Form and proceed as follows:

- If a change in the citizen information is permitted by a competent authority, the official who receives the documents checks the citizen information and informs the department head for decision on citizen information update.

- If the citizen information is changed due to errors arising in the process of issuance, replacement and reissuance of Citizen Identification Cards, the official who receives the documents check the citizen information and informs the department head in order to carry out the procedure for requesting the head of Department of Public Security’s citizen identification authority to decide on modification of citizen information.

3. The citizen information subject to changes has to be updated and modified, on time, accurately and sufficiently, in the Citizen Identification Database.

Article 9. Authority to collect, update and modify information in the Citizen Identification Database.

1. The head of citizen identification management authority receiving applications for issuance, replacement and reissuance of Citizen Identification Cards shall be vested with authority to make a decision on collection and update of citizen information in the Citizen Identification Database during the procedure for issuance, replacement and reissuance of Citizen Identification Cards.

2. The head of citizen identification management authority in the Ministry of Public Security shall be vested with authority to grant a decision on modification of citizen information in the Citizen Identification Database; connection between the Citizen Identification Database, the National Population Database and other databases for collection, update and sharing of citizen information.

Article 10. Usage of information in the Citizen Identification Database

1. Article 10. Cases that usage of information in the Citizen Identification Database is permitted

a) Citizen identification management authorities are allowed to use information in the Citizen Identification Database for issuance, replacement and reissuance of Citizen Identification Cards;

b) Subordinate and local public security forces are allowed to use information in the Citizen Identification Database for professional requirements and crime prevention purposes;

c) Procedural authorities are allowed to use information in the Citizen Identification Database for investigation, prosecution and hearing purposes;

d) Citizens are allowed to use their own information in the Citizen Identification Database;

e) Authorities, organizations and citizens other than those specified in Points a, b, c and d of this Clause who wish to use information in the Citizen Identification Database has to apply for permission from the head of the citizen identification authority.

2. Procedure for usage of information in the Citizen Identification Database:

a) Authorities and organizations who wish to use information in the Citizen Identification Database are required to submit their request clarifying the purposes and determining their needed information which have to be signed and stamped by the head of those authorities and organizations;

b) Citizens who wish to use information are required to submit their request clarifying the purposes and determining their needed information, and present one of the following personal documents: Birth Certificate, Citizen Identification Card or Identity Card.

c) Within duration of 5 working days of receipt of such request, the competent persons specified in Article 11 of this Circular shall decide whether usage of information in the Citizen Identification Database is allowed. In case of refusal, the authority, organization and citizen have to be informed and receive clear explanation for such refusal.

Article 11. Authority to permit usage of information in the Citizen Identification Database

1. The Director of Province Public Security, Head of District Public Security shall have the authority to permit usage of information on citizens in their jurisdictions.

2. The head of the citizen identification management authority subordinate to Ministry of Public Security has the power to permit usage of information on citizens nationwide.