Nghị định 137/2015/NĐ-CP hướng dẫn Luật Căn cước công dân

DECREE

DETAILING A NUMBER OF ARTICLES AND MEASURES TO IMPLEMENT THE LAW ON CITIZEN IDENTIFICATION

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Law on Citizen Identification dated November 20, 2014;

At the proposal of the Minister of Public Security,

The Government promulgates a Decree detailing a number of articles and measures to implement the Law on Citizen Identification.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles on collection, updating, modification, connection, sharing, exploitation and use of information in the national population database; backup and restoration of national data on population and citizen identification; structure of personal identification numbers, order and procedures for grant of personal identification numbers and measures to implement the Law on Citizen Identification, including establishment of national population database, cancellation of personal identification numbers, grant, renewal, re-grant, revocation and temporary seizure of citizen’s identity cards and responsibilities in the implementation of this Decree.

Article 2. Subjects of application

This Decree applies to Vietnamese citizens; agencies, organizations and individuals related to the national population database and citizen identification.

Chapter II

ESTABLISHMENT, COLLECTION, UPDATING, MODIFICATION, CONNECTION, SHARING, EXPLOITATION AND USE OF INFORMATION IN THE NATIONAL POPULATION DATABASE

Article 3. Establishment of national population database

1. The national population database is a unique database system established at the Center for National Database on Population of the Ministry of Public Security, which is connected uniformly, synchronously to the Public Security Departments of provinces, centrally run cities (hereinafter referred to as the Province-level Public Security offices), Public Security Divisions of the rural districts, urban districts, towns or provincial cities (hereinafter referred to as District-level Public Security offices) and Public Security offices of communes, wards and townships.

2. Establishment of national population database includes following activities:

a) Arranging space areas, building works, and installing machinery and equipment;

b) Furnishing necessary equipment;

c) Setting up telecommunications network, Internet, computer network of the database;

d) Organizing database;

dd) Collecting, standardizing and entering data;

e) Storing information, ensuring information confidentiality and security in the database;

g) Training, coaching and further training of officers in charge of management and operation of the database;

h) Operating, calibrating the database;

i) Other activities as prescribed by law.

Article 4. Information sources, requirements, order of collection and updating of citizen’s information in the national population database

1. Citizen’s information is collected and updated into the national population database from the following sources:

a) Residence management books, household registration record archives, citizen identification archives;

b) Residence database, citizen identification database, civil status database;

c) Other national databases, specialized databases;

d) Information collected from citizens.

2. The collection and updating of information on citizens to the national population database must satisfy the following requirements:

a) Only information on citizens identified as accurate after being checked shall be updated to the national population database;

b) In case information on citizens is collected and updated from different sources while information contents from those sources are inconsistent, competent agencies specified in Article 5 of this Decree shall, when collecting and updating information on citizens, check the legality of such information before collecting and updating it to the national population database and take responsibility for contents of information.

3. Information on citizens shall be collected for and updated to the database by the national population database management agency as follows:

a) Information on citizens shall be collected and updated from residence management books, household registration record archives, citizen identification archives, residence database, citizen identification database;

b) If the residence management books, archives and databases specified at Point a of this Clause are neither available nor complete, information on citizens shall be collected and updated from the civil status database;

c) If it is not possible to collect and update information on citizens as prescribed at Points a and b of this Clause, information shall be collected and updated from citizens or from other national databases, other specialized databases.

Article 5. Responsibility for collecting and updating information on citizens

1. Civil status management and registration agencies and overseas representative missions of Vietnam shall immediately update civil status information of citizens to the national population database management agency in case of arising civil status data.

2. The national population database management agency of the Ministry of Public Security, shall organize the collection and updating of information on citizens to the national population database from residence database, citizen identification database, civil status database, other national databases and other specialized databases.

3. Provincial-level Public Security offices shall process and standardize available data on the local population to update it to the national population database; collect and update information on citizens of localities from the citizen identification archives to the national population database.

4. District-level Public Security offices shall collect and update information on citizens of localities from residence management books, household registration archives and civil status records and from citizens to the national population database.

5. Commune-, ward- and township-level Public Security offices shall collect data on citizens of localities from residence management books, civil status records and from citizens, and transfer it to the district-level Public Security offices.

6. Other citizens, agencies and organizations have the responsibility and obligation to collect, update and provide information on citizens in accordance with Clause 2, Article 5, Clause 1, Article 13 of the Law on Citizen Identification.

Article 6. Modification of information on citizens in the national population database

1. Modification of information on citizens in the national population database means modification of information on citizens when there are changes or errors in the process of collecting, updating and managing information on citizens in the database.

2. The modification of information on citizens must satisfy the following requirements:

a) Information on citizens shall be modified only upon detection of changes or errors in the process of collecting, updating and managing information on citizens in the national population database;

b) Information on citizens shall be modified upon receipt of a competent person’s document on change in information on citizens related to the information in the national population database;

c) Only the competent persons specified in Clause 3 of this Article may permit modification of information on citizens.

3. The head of the agency specified in Clauses 2, 3 and 4, Article 5 of this Decree shall check the legality and accuracy of the information before modifying information in the national population database, decide on modification of information on citizens in the database and take responsibility for such modification.

Article 7. Connection and sharing of information to the national population database

1. Other national databases and specialized databases are connected to the national population database through telecommunications networks, the Internet, and computer networks to collect, update, share, exploit and use information on citizens.

2. Other national databases and specialized databases may be connected to the national population database if the following conditions are fully satisfied:

a) Having information infrastructure for connection;

b) Satisfying connection standards as prescribed in Clause 4 of this Article.

3. Procedures for connection and sharing of information to the national population database are as follows:

a) Other national database, specialized database management agencies send written request to connect and share information with the national population database to the national population database management agency of the Ministry of Public Security, which must clearly state assigned functions, tasks and powers and scope, purpose and content of information, number of fields of information to be shared;

b) The national population database management agency of the Ministry of Public Security shall, based on the connection conditions specified in Clause 2 of this Article and functions, tasks and powers of other national database, specialized database management agencies, make decision on the connection between the national database, the specialized database and the national population database;

c) Within 07 working days from the date of receipt of written request to connect and share information, the national population database management agency of the Ministry of Public Security shall decide on connection, sharing of information to the national population database; if connection and sharing of information are not approved in the cases specified in Clause 4 of this Article, this agency must reply in writing and clearly state the reason.

4. The national population database management agency may refuse or stop allowing agency or organization to connect and share information only when such agency or organization falls into one of the following cases:

a) The written request for connection and sharing of information does not clearly define the functions, tasks and powers related to exploitation and use of information of citizens in the database;

b) The written request for connection and sharing of information does not clearly specify the scope and purpose of exploitation and use of information of citizens in the database;

c) Reveal information secrets in the national population database;

d) Illegally access, modify, delete, cancel or disperse information in the national population database.

5. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Science and Technology in, providing guidance on standards, technical regulations on information technology for connection between the national population database and other national databases and specialized databases.

Article 8. Forms of exploitation of information in the national population database

1. National database, specialized database management agencies, state agencies, political organizations and socio-political organizations are entitled to exploit information in the national population database within the ambit of their functions, tasks and powers through the following forms:

a) Connect the telecommunications network, computer network to the national population database;

b) Via the portal prescribed by the national population database management agency;

c) Written request.

2. Citizens can exploit their personal information in the national population database through the settlement of administrative procedures, written request on information exploitation or through telecommunications services.

3. Organizations and individuals not defined in Clauses 1 and 2 of this Article that wish to exploit information in the national population database may do so after obtaining the consent of the national population database management agency in accordance with law.

Article 9. Authority to permit exploitation of information in the national population database

1. Directors of provincial-level Public Security offices and chiefs of district-level Public Security offices have the authority to permit the exploitation of information on citizens of localities.

2. The head of the national population database management agency of the Ministry of Public Security has the authority to permit the exploitation of information on citizens nationwide.

Article 10. Procedures for exploitation of information in the national population database

1. Organizations and individuals specified in Clauses 1 and 3, Article 8 of this Decree that wish to exploit information in the national population database must send written request to the national population database management agency specified in Article 9 of this Decree.

Within 5 working days from the date of receiving the written request, the national population database management agency shall have the authority to decide to allow the exploitation of information in the national population database.

2. Citizens who wish to exploit their personal information in the national population database when carrying out administrative procedures shall produce their identity cards or citizen’s identification cards. Agencies settling administrative procedures shall immediately provide information to citizens when settling administrative procedures.

In case citizens have written request to get their personal information to the national population database management agency or through telecommunications service, upon receiving the citizen's request, the national population database management agency shall provide information to citizens.

3. In case the national population database management agency refuses to provide information on citizens to organizations or individuals, within 5 working days from the date of receipt of written request, this agency shall reply the organization or individual and clearly state the reason.

Article 11. Use of information on citizens in the national population database

1. The use of information on citizens in the national population database must ensure protection of state secrets, personal secrets, family secrets and privacy of citizens.

2. National database, specialized database management agencies, state agencies, political organizations, socio-political organizations may only use information on citizens in the national population database to perform assigned functions, tasks and powers or handle administrative procedures.

Article 12. Backup and restoration of national population data

1. Backup is the task of the management agency to ensure the integrity of the population data on the database,

National population data is backed up regularly at the data management agency of the Ministry of Public Security and backed up at the backup center.

2. National population data restoration is the process of restoring data to the time before the occurrence of errors or damage in data, or improper modification of data.

National population data shall be restored when they suffer destruction, cyberattacks or illegal access.

Chapter III

STRUCTURE, ORDER, PROCEDURES FOR GRANT AND CANCELLATION OF PERSONAL IDENTIFICATION NUMBERS

Article 13. Structure of personal identification numbers

Personal identification number is a sequence of natural numbers consisting of 12 digits, with 6 first digits of the citizen's birth century code, gender code, year of birth code, code of province or centrally run city or code of country where the citizen registered his/her birth and 6 remaining random digits.

Article 14. Order and procedures for grant of personal identification numbers to citizens with birth registration

1. In case the electronic civil status database is connected to the national population database, when receiving full papers for birth registration, the civil status management and registration agencies and electronic civil status database management agencies shall immediately transfer information of persons with birth registration to the national population database; in which the following information must be collected to issue personal identification numbers:

a) Full name, middle name and birth name;

b) Date of birth;

c) Gender;

d) Place of birth registration;

dd) Native place;

e) Nation;

g) Nationality;

h) Full name, middle name and name and nationality of citizen’s father, mother or legal representative; unless citizen’s father, mother or legal representative has not been identified.

The head of the national population database management agency of the Ministry of Public Security shall check information and documents as prescribed at Point b, Clause 3, Article 13 of the Law on Citizen Identification, issue and immediately transfer the personal identification number to the civil status registration and management agency.

2. In case the national population database has not been operated or the electronic civil status database has not been connected to the national population database, when receiving a citizen's birth registration application, the civil status registration and management agencies shall immediately transfer the information specified in Clause 1 of this Article to the national population database management agency via the Internet by accessing granted account.

The national population database management agency shall grant accounts to the civil status registration and management agencies, and immediately transfer the citizen's personal identification number to the civil status registration and management agency when receiving birth registration information as prescribed via the Internet. The civil status registration and management agencies shall keep their access accounts confidential in accordance with the law on protection of state secrets.

Article 15. Order and procedures for granting personal identification numbers to citizens with their registered birth and permanent residence

1. Citizens who have registered their birth, permanent residence but have not been granted personal identification numbers as prescribed, when carrying out procedures for issuance of citizen’s identity cards, the citizen identification management agency shall collect and transfer information on citizens in accordance with Clause 1, Article 9 of the Law on Citizen Identification to the national population database management agency of the Ministry of Public Security; which it must contain at least the information specified in Clause 1, Article 14 of this Decree and the following information in order to grant personal identification numbers:

a) Place of permanent residence;

b) Family name, middle name and first name, personal identification number or people’s identity card number of the household’s head, relationship with the household’s head.

2. The national population database management agency of the Ministry of Public Security, shall check citizens' information, issue and immediately transfer personal identification numbers to the agency issuing citizen’s identity cards.

Article 16. Cancellation of the issued personal identification number

1. Upon detection of errors in the issued personal identification number due to incorrect information on citizens, the head of the national population database management agency of the Ministry of Public Security shall issue decision on cancellation of such issued personal identification number and re-grant of another personal identification number to the citizen; organize the modification of personal identification numbers and information on citizens in the national population database, the citizen identification database and related records and archives.

2. The national population database management agency shall notify citizens and civil status registration and management agencies of cancellation and re-grant of personal identification numbers of citizens to carry out procedures for modifying relevant civil status documents and data; issue certificates of cancellation and re-grant of personal identification numbers at the request of citizens, agencies and organizations.

Chapter IV

BACKUP, RESTORATION OF CITIZEN IDENTIFICATION DATA AND MANAGEMENT OF CITIZEN’S IDENTITY CARDS

Article 17. Backup and restoration of citizen identification data

1. Citizen identification data is backed up and stored and managed at the citizen identification management agency of the Ministry of Public Security.

2. Restoration of citizen identification data will be performed upon failure of active data corruption.

Citizen identification data storage devices with failure or damage must be supervised by professional officer in the Public Security and with the consent of the head of the citizen identification management agency of the Ministry of Public Security upon being delivered to organizations or individuals for warranty or repair; the old storage devices must be kept for management upon replacement of storage devices.

Article 18. Persons eligible for grant of citizen’s identity cards

Vietnamese citizens aged full 14 years or older who have registered for permanent residence are eligible for grant

of citizen’s identity cards. The age calculation is based on date of birth of citizens in the national population database. In case information on date of birth of any citizen is not available in the national population database, the original birth certificate or household registration book shall be used to determine the date of birth of such citizen.

Article 19. Revocation and temporary seizure of citizen’s identity cards

1. Revocation of citizen's identity cards:

a) Competent citizen identification management agencies shall revoke citizen’s identity cards according to the provisions of Clause 1, Article 28 of the Law on Citizen Identification after receiving a notice of deprivation or renunciation of Vietnamese nationality or annulment of the decision on naturalization in Vietnam and transfer to the citizen identification archives;

b) The revocation of the citizen’s identity cards must be recorded in minutes, one copy is delivered to the person whose citizen’s identity card has been revoked, and logbook shall be kept; the revoked citizen’s identity card shall be preserved and kept together with the citizen’s identity card grant dossiers at citizen identification archives.

2. Temporary seizure of citizen’s identity cards:

a) Heads of agencies executing custody or temporary detention warrants, agencies executing imprisonment sentences or decisions to send citizens to reformatories, compulsory educational institutions or compulsory detoxication establishments shall decide on temporary seizure of citizen’s identity cards in the cases specified in Clause 2, Article 28 of the Law on Citizen Identification;

b) The temporary seizure of the citizen's identity cards must be recorded in minutes; one copy shall be given to the person whose card is temporarily seized and logbook shall be kept;

c) Upon the expiration of the custody or temporary detention period, or after having served the imprisonment sentence or decision to send a person to the reformatory, compulsory educational institution or compulsory detoxication establishment, a citizen may have his/her citizen’s identity card returned. The return of citizen’s identity card must be recorded in minutes and one copy is given to the person receiving the citizen’s identity card.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Effect

This Decree takes effect from February 15, 2016 and replaces Decree No. 90/2010/ND-CP dated August 18, 2010 providing for the national population database.

Article 21. Responsibility for implementation

1. The Minister of Public Security shall specify the decentralization of the grant, renewal and re-grant of citizen’s identity cards; the process of modification of information on citizens in the national population database; specific regulations on codes in personal identification numbers and urge, inspect and guide the implementation of this Decree.

2. The ministers, the heads of the ministerial-level agencies, the heads of the Government agencies and the chairpersons of the People’s Committees of provinces, centrally run cities shall implement this Decree./.