On March 29, 2021, the Government issued Decree No. 37/2021/ND-CP amending and supplementing a number of provisions of Decree No. 137/2015/ND-CP of December 31,2015, detailing a number of provisions and measures to implement the Law on Citizen Identification. The contents of the Decree include the following important amendments and supplements:
* Amending and supplementing a number of activities of building the National Database (DBQG) in Clause 2, Article 3 of Decree No. 137/2015/ND-CP:
Accordingly, the construction of the database on population includes the following activities:
- Layout of premises, construction of works, installation of machinery and equipment.
- Equipped with necessary equipment.
- Establishing telecommunications networks, internet, and computer networks of databases.
- Organizing databases.
- Collecting, standardizing, and importing data.
- Storing, backing up, synchronizing the system, recovering data; security, assurance of information security and security in the database.
- Training, training, retraining, and organizing the staff to manage and operate the database.
- Operating, adjusting, maintaining, and maintaining databases.
- Other activities as prescribed by law.
* Amendments and supplements to requirements in collecting and updating citizen information into residential databases (specified in Clause 2, Article 4 of Decree No. 137/2015/ND-CP):
Accordingly, the collection and update of information about citizens entering the database on population must meet the following requirements:
- Information about citizens is only collected and updated into the database on population when it is checked that information is accurate.
- In case the information on citizens is collected from various sources without coordination on the contents of information, then when collecting information on citizens, the competent agencies defined in Article 5 of this Decree shall coordinate with civil status registration agencies, concerned agencies or citizens to examine the legality of such information and take responsibility for the information contents.
- Information about citizens that have been collected and updated into the database on population must be fully stored, show the historical process of updates, changes, and adjustments.
* Amendments and supplements to regulations on responsibility for collecting and updating information on citizens of district-level police and police officers of communes, wards, and townships (Clause 4, Clause 5, Article 5 of Decree No. 137/2015/ND-CP):
Accordingly, the responsibilities of district-level police and police officers of communes, wards, and townships in collecting and updating information on citizens are prescribed as follows:
- District-level police are responsible for collecting, updating and modifying information on citizens residing in localities into the residence database from the residence management books; the library of household registration dossiers; civil status databases or civil status papers; from the settlement of issuance, change and re-issuance of citizen identification cards; from carrying out procedures for registration, change and adjustment of residence information of citizens in case there is no commune-level administrative unit.
- Commune-level police departments shall collect, update, and amend information on citizens residing in their localities under their management into residential databases from the settlement of procedures for registration, change and adjustment of residence information of citizens, civil status databases or civil status papers and residence management books. In case the above-mentioned information, papers and documents on citizens are not available or incomplete, they may be collected and updated from citizens through population information collection vouchers, updating and editing of population information.
* Amendments and supplements to regulations on forms of exploitation of information in residential databases (Article 8 of Decree No. 137/2015/ND-CP). Accordingly:
- Specialized database management agencies, state agencies, political organizations, socio-political organizations exploiting information in the national database on population to serve the state management according to their functions, tasks and powers assigned through the connection and sharing of information as prescribed in Article 7 of this Decree on residential databases, national public service portals, public service portals of the Ministry of Public Security, electronic one-way information systems at minister's and provincial levels or exploited in writing requests for information provision.
- Credit institutions, telecommunications and mobile service-providing organizations, organizations providing electronic digital signature certification services, notary and re-discovery practice organizations and other organizations assigned to perform information exploitation services in residential databases through the National Public Service Portal, The Ministry of Public Security's public service portal or in writing requesting the provision of information or other exploitation methods guided by the Ministry of Public Security.
- Citizens exploit their information in the residential database in writing requesting the provision of information or through messaging services, national public service portals, public service portals of the Ministry of Public Security.
- Organizations and individuals that do not belong to the above cases exploit information in the residential database through writing requesting the provision of information.
Decree No. 37/2021/ND-CP takes effect on May 14, 2021.
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