Nghị định 37/2021/NĐ-CP thi hành Luật Căn cước công dân

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 173/2015/ND-CP of December 31, 2015, detailing a number of articles and measures to implement the Law on Citizen Identification

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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 amending and supplementing a number of articles of the Government’s Decree No. 173/2015/ND-CP of December 31, 2015, detailing a number of articles and measures to implement the Law on Citizen Identification.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 173/2015/ND-CP of December 31, 2015, detailing a number of articles and measures to implement the Law on Citizen Identification

1. To amend and supplement Points e, h Clause 2 Article 3 as follows:

“e) Storing, backing up, syncing system, recovering information; ensuring information confidentiality and security in the Database;

h) Operating, adjusting, and maintaining the Database”.

2. To amend Point b Clause 2 and add Point c to Clause 2 Article 4 as follows:

“b) In case information on citizens is collected and updated from different sources and information from those sources is inconsistent, when collecting information on citizens, competent agencies specified in Article 5 of this Decree shall coordinate with Civil status registration agencies, relevant agencies or citizens to check the legality of such information and take responsibility for its content;

c) Information on citizens that has been collected and updated in the National Population Database must be fully archived, showing the historical process of updates, changes and adjustments”.

3. To amend and supplement Clause 4, Clause 5 Article 5 as follows:

“4. District-level Public Security offices shall collect, update and edit information on citizens of localities to the National Population Database from residence management records, household registration archives; civil status database or civil status documents; from the settlement of the issuance, change and re-issuance of citizen identity cards; from carrying out procedures for registration, change and adjustment of resident information of citizens in the case of lacking the commune-level administrative units.

5. Commune-level Public Security offices shall collect, update and edit information on citizens of localities to National Population Database from settlement procedures of registration, change and adjustment of the information on citizens’ residence; civil status database or civil status documents, residence management records. In case the above-mentioned information, papers and documents on citizens that are incomplete or unavailable shall be collected and updated from citizens through the resident information sheet, resident information update sheet”.

4. To amend and supplement Clause 3 Article 6 as follows:

“3. The heads of agencies specified in Clauses 2, 3, 4, 5 Article 5 of this Decree shall check the legality and accuracy of information before modifying the information in National Population Database, decide on modifying information about citizens and take responsibility for such modification.”

5. To amend and supplement Clause 4 Article 7 as follows:

“4. The National Population Database management agency may refuse or stop allowing an agency or organization to connect and share information only when the state agency or political organization, socio-political organization falls into one of the cases specified in Decree No. 47/2020/ND-CP dated April 09, 2020, prescribing the management, connection and sharing of digital data of state agencies and the following cases:

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

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

c) Reveal confidential information in the National Population Database;

d) Illegally access, modify, delete, cancel or disperse information in the National Population Database.”.

6. To amend and supplement Article 8 as follows:

“Article 8. Forms of exploitation of information in the National Population Database

1. Specialized database management agencies, state agencies, political organizations and socio-political organizations shall exploit information in the National Population Database to serve the state management within the ambit of their functions, tasks and powers through connecting, sharing information specified in Article 7 of this Decree in the National Population Database, the national public service portal, the public service portal of the Ministry of Public Security, the ministerial and provincial electronic single window information systems or using written request for information.

2. Credit institutions, telecommunications and mobile service providers, digital signature certification and electronic identification service providers, notarial practice organizations, bailiffs and other organizations assigned to provide public services shall exploit information in the National Population Database, the national public service portal, the public service portal of the Ministry of Public Security, or exploit by using the written request for information or by different methods instructed by the Ministry of Public Security.

3. Citizens may exploit their personal information in the National Population Database through the written request for information or through messaging services, the national public service portal, the public service portal of the Ministry of Public Security.

4. Organizations and individuals not defined in Clauses 1, 2 and 3 of this Article may exploit information in the National Population Database through the written request for information.”

7. To amend and supplement Article 9 as follows:

“Article 9. Authority to permit exploitation of information in the National Population Database”

1. The head of the National Population Database management agency of the Ministry of Public Security has the authority to permit state agencies, political organizations and socio-political organizations at the central level; credit institutions; telecommunication and mobile services organizations; digital signature certification, electronic identification service providers to exploit information in the National Population Database.

2. Director of the provincial-level Public Security department has the authority to permit state agencies, political organizations, and socio-political organizations at the provincial level; notarial practice organizations, bailiffs and other organizations assigned to provide public services to exploit information in the National Population Database.

3. Head of the Public Security division at the district level has the authority to permit state agencies, political organizations, socio-political organizations at district and commune levels and other organizations which have their headquarters located in the administrative areas specified in Clause 4 Article 8 of this Decree to exploit information in the National Population Database.

4. Head of the commune-level Public Security office has the authority to permit individuals who registered their permanent or temporary residence in the management areas specified in Clauses 3 and 4, Article 8 of this Decree to exploit information in the National Population Database.”

8. To amend and supplement Article 10 as follows:

“Article 10. Procedures for exploitation of information in the National Population Database.

1. To exploit through the written request for information

Agencies, organizations and individuals shall send a written request for information in the National Population Database to the competent person specified in Article 9 of this Decree.

The written request for information must clearly state the reason for exploiting and using the information in the National Population Database; exploitation time, information to be exploited and commitment to be responsible for using provided information.

Within 03 working days from the date of receipt of the written request for information in the National Population Database of agencies, organizations and individuals, the competent person specified in Article 9 of this Decree shall consider and decide to allow the exploitation of information in the National Population Database. In case of permitting the exploitation of the information, a written reply shall be sent, providing the information to the agency, organization or individual. In case of disapproval, there must be a written reply clearly stating the reason.

2. To exploit through messaging services

Individuals shall exploit their information in the National Population Database through messaging services according to the guidance of the Ministry of Public Security.

3. To exploit through the National Population Database, the national public service portal, the public service portal of the Ministry of Public Security, the ministerial and provincial electronic single window information systems

a) Agencies, organizations specified in Clause 1 Article 8 of this Decree shall exploit information in the National Population Database through the National Population Database, the national public service portal, the public service portal of the Ministry of Public Security, the ministerial and provincial electronic single window information systems according to the Ministry of Public Security’s guidance on connecting, integrating, sharing data.

b) Agencies, organizations specified in Clauses 2, 3 Article 8 of this Decree shall exploit information in the National Population Database through the national public service portal, the public service portal of the Ministry of Public Security according to the Ministry of Public Security’s guidance.

c) The competent person specified in Article 9 of this Decree shall consider and decide to permit agencies, organizations and individuals specified in this Clause to exploit the information in the National Population Database. In case of permitting the exploitation of the information, the competent person shall provide the right of access to the National Population Database for agencies, organizations and individuals. In case of disapproval, a written reply must be given, clearly stating the reason”.

9. To amend and supplement Article 15 as follows:

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

1. For citizens who have registered their birth but have not been granted a personal identification number, the National Population Database management agency shall set up a personal identification number according to the information available in the National Population Database.

2. As soon as the personal identification number is set up for the citizen, the National Population Database management agency shall send a written notification to the citizen about the established personal identification number and other relevant information available in the National Population Database. In case a citizen’s information in the National Population Database is incomplete, the written notification should request the citizen to provide additional information for the public security department of the commune, ward, or township where the citizen is residing to update and correct information in the National Population Database.

3. In case a citizen, who already has a personal identification number, redetermines his/her gender or corrects his/her birth year, the National Population Database management agency shall provide a new individual identification number for the citizen after he/she has registered civil status related to gender and birth year information in accordance with the law on civil status registration. The National Population Database management agency shall send a written notification to the citizen of the new updated personal identification number.

4. The citizen identity card-issuing agency shall use the personal identification number provided by the National Population Database management agency to issue the citizen identity card according to Article 18 of this Decree”.

Article 2. Effect

This Decree takes effect on May 14, 2021.

Article 3. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
The Prime Minister
NGUYEN XUAN PHUC