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Decree No. 59/2022/ND-CP of the Governments on electronic identification and authentication

  • Perform: Le Hoa (Translator: Anh Nguyen)
  • 21/10/2022

Decree No. 59/2022/ND-CP was issued by the Government on September 5, 2022, with the following primary scopes:

- The concept of e-identification and e-authentication"

1) Regarding e-identification:

i) The electronic identity of Vietnamese citizens includes personal information and biometric information.

- Personal information (Clause 1, Article 7 of the Decree) includes:

+ Personal identification number; Last name, middle name, and first name;

+ Date, month and year of birth; Sex.

- Biometric information includes (Clause 2, Article 7 of the Decree): Portrait photo and fingerprint.

ii) The organization's electronic identity (Article 9, Decree) includes the following contents:

- Electronic identification of the organization.

- Name of the organization includes Vietnamese name, abbreviated name (if any), and foreign language name (if any).

- Date, month and year of establishment; Head office address.

* Subjects granted electronic identification accounts include:

- Vietnamese citizens aged full 14 years or older; Vietnamese citizens who are under 14 years old or are wards registered under the electronic identity accounts of their parents or guardians.

- Foreigners aged full 14 years or older entering Vietnam;..

- Agencies and organizations established or registered to operate in Vietnam.

* Classify the level of electronic identification accounts

- Level 1 e-identification accounts of Vietnamese citizens include personal information and photos.

- The organization's electronic identity account, including the information specified in Article 9 of Decree 59/2022/ND-CP (listed in the upper part of this document) is a level 2 electronic identity account.

* Using an electronic identity account

- The electronic identity subject uses the electronic identity account to log in and use the features and utilities on the VNelD application, the electronic identity information page.

- The e-ID account created by the e-identification and e-authentication system is used to perform administrative procedures, public administrative services in the electronic environment, and other activities according to the needs of the e-identity owner.

- Agencies, organizations, and individuals shall be accountable for their activities and shall be responsible for verifying and ensuring the accuracy of their accounts, determining the degree and value of the use of each level of accounts

- The use of a Level 1 e-identification account created by an e-identification and authentication system for an e-identification subject who is a Vietnamese citizen is valuable in demonstrating the person's key personal information following the regulations.

- The use of a Level 2 e-identification account created by an e-identification and authentication system for Vietnamese citizens is equivalent to the use of a citizen ID card in conducting transactions requiring the presentation of a citizen ID card;…

- The use of an electronic identifier account created by an e-identification and e-authentication system for an organization's electronic identity subject (executed by a legal representative or assigned to a person authorized to use): Valuable to prove the electronic identity of the organization when performing a transaction that requires proof of information about that organization…

* Order and procedures for registration of electronic identification accounts for Vietnamese citizens

i) For level 1 electronic identity accounts via the VNelD application for citizens who already have a citizen ID card with an electronic chip:

- Citizens using mobile devices download and install the VNelD application.

- Citizens use the VNelD application to enter information about personal identification number and phone number or email address; provide information according to instructions on the VNelD application; collect portrait photos by the mobile device and send requests for electronic identification account to the identification and e-authentication management agency via VNelD application.

- The electronic identity management agency shall notify the result of account registration via the VNelD application or SMS or email address.

ii) Register for a level 2 electronic identity account:

- For citizens who have been issued a citizen ID card with an electronic chip:

+ Citizens go to the police station of communes, wards, townships or places where procedures for issuance of citizen identification cards are carried out to carry out procedures (presenting citizen identification cards with electronic chips, providing information on phone numbers or email addresses;...).

+ The receiving officer enters the information provided by the citizen into the electronic identification and authentication system; takes portrait photos, collects fingerprints of citizens who come to carry out procedures to authenticate with the Citizen Identity Database and confirms their consent to register for the creation of an electronic identity account.

+ The electronic identity management agency shall notify the result of account registration via the VNelD application or SMS or email address.

The Public Security Agency shall issue a level 2 electronic identification account together with the issuance of a citizen identification card in case the citizen has not yet been granted a citizen ID with an electronic chip.

* Order and procedures for registration of an electronic identity account for organizations in Vietnam

- The legal representative, the head of the organization (who already has a level 2 e-ID account) logs in to the VNelD application to register an e-ID account for the organization; provides the information according to the instructions on the VNelD application and sends a request for an electronic identity account to the identity management and electronic authentication agency via the VNelD application.

- The electronic identification and authentication management agency authenticate information about the organization in the National Business Registration Database, National Database and other specialized databases. ;…

* About the time limit for electronic identification accounts’ settlement

From the date of receipt of a complete and valid dossier as prescribed in this Decree, the police authority shall be responsible for granting an e-identity account within the following time limit:

- For the case of a Vietnamese citizen who already has a citizen ID card with a chip: No more than 01 working day for the case of granting a level 1 electronic identity account, no more than 03 working days for the case of granting a credit card. Level 2 electronic identification clause. For Vietnamese citizens who do not have a chip-based citizen ID card: No more than 07 working days.

- For organizations:

+ No more than 01 working day in case the information to be authenticated about the organization is already in the national database, or specialized database and no more than 15 days in case the information needs to be authenticated about the organization, is not in the above-mentioned databases

2) About electronic authentication

- Specialized database management agencies, state agencies, political organizations, socio-political organizations, and public service organizations may authenticate information of electronic identity subjects through a national database management agency, specialized database, electronic identification and authentication system; authenticate the electronic identity account through the electronic identification and authentication system.

- Individuals and organizations other than paragraph 1 above shall be authenticated by an electronic identification and authentication system through an organization providing electronic authentication services for that account created by the identification and electronic authentication system and also be valid when performing administrative procedures, public administrative services, and other transactions in the electronic environment. …

The authentication of e-identification accounts at the request of individuals and organizations other than those mentioned in Clause 1 above shall be performed as agreed upon by a service provision contract with an e-authentication service provider.

* Electronic authentication service

- Electronic authentication service is a conditional business line.

- An organization providing electronic authentication services must satisfy the conditions as prescribed (in Article 27 of this Decree) and be granted a certificate of eligibility for electronic authentication service business by the Ministry of Public Security.

This Decree takes effect from October 20, 2022.

The account used by the National Public Service Portal, the ministerial-level and provincial-level administrative procedure settlement information system to be used to perform administrative procedures and public administrative services in the electronic environment until January 7, 2024.

For more details please see:
https://thuvienphapluat.vn/van-ban/Cong-nghe-thong-tin/Nghi-dinh-59-2022-ND-CP-dinh-danh-va-xac-thuc-dien-tu-471629.aspx?ui=09RVMk1UUXpPQTTV&pi=09pBeU1pMHdPUzB5TXkweE5TMHpNdzTW&ci=262628648