Do citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the citizen identification database in Vietnam?
- Do citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the citizen identification database in Vietnam?
- Vietnam: Is the act of revealing information secrets in the citizen identification database illegal?
- How much is the fine imposed upon organizations deliberately disclosing secret information about citizens in the database on citizen identity in Vietnam?
Do citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the citizen identification database in Vietnam?
Pursuant to Article 6 of the Law on Citizen Identification 2014 on responsibilities of citizen identification management agencies
Responsibilities of citizen identification management agencies
1. To accurately collect and update citizen’s information.
2. To promptly modify citizen’s information when having grounds to believe that such information is inaccurate or changed.
3. To post up and guide administrative procedures on citizen identification, the national population database and the citizen identification database related to agencies, organizations and individuals in accordance with this Law.
4. To ensure information safety and confidentiality in the national population database and the citizen identification database.
5. To fully, promptly and accurately provide information and documents about citizens upon request of agencies, organizations or individuals in accordance with law.
6. To grant, renew and re-grant citizen identity cards in accordance with this Law.
7. To settle complaints and denunciations and handle violations in accordance with law.
Citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the national population database and the citizen identification database.
Thus, citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the citizen identification database..
Do citizen identification management agencies have the responsibility to ensure information safety and confidentiality in the citizen identification database in Vietnam? (Image from the Internet)
Vietnam: Is the act of revealing information secrets in the citizen identification database illegal?
Pursuant to Article 7 of the Law on Citizen Identification 2014 on prohibited acts:
Prohibited acts
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4. Falsifying books and dossiers about citizens, the national population database and the citizen identification database; failing to provide or insufficiently or illegally providing information and documents on citizen identification, the national population database and the citizen identification database; abusing citizen’s information specified in this Law to cause damage to agencies, organizations or individuals.
5. Revealing information secrets in the national population database and the citizen identification database.
6. Collecting and using charges and fees in violation of law.
7. Forging, modifying and falsifying contents of citizen identity cards; appropriating or illegally using citizen identity cards of other persons; renting, leasing, boưowing, lending, mortgaging, receiving as mortgage or destroying citizen identity cards; or using forged citizen identity cards.
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The act of revealing information secrets in the national population database and the citizen identification database is a prohibited act.
Thus, the act of revealing information secrets in the citizen identification database is a prohibited act.
How much is the fine imposed upon organizations deliberately disclosing secret information about citizens in the database on citizen identity in Vietnam?
Pursuant to Article 22 of Decree 144/2021/ND-CP:
Violations against regulations on creation, management and use of the national database on population, database on residence, database on citizen identity
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3. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) Illegally providing or extracting information about citizens in the national database on population, database on residence, database on citizen identity;
a) Deliberately disclosing secret information about citizens in the national database on population, database on residence, database on citizen identity;
4. A fine of from VND 30.000.000 to VND 40.000.000 shall be imposed for any of the following violations:
a) Illegally accessing, changing, deleting, spreading information in the national database on population, database on residence, database on citizen identity;
b) Destroying technical infrastructure, transmission lines and pages and equipment serving the normal operation of the agency that manage national database on population.
5. Additional penalty:
Confiscate the exhibits and means used for committing administrative violations specified in Point a Clauses 3 and 4 of this Article.
6. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in prescribed Clauses 2, 3 and 4 of this Article;
At the same time, Clause 2, Article 4 of Decree 144/2021/ND-CP:
Maximum fines, organizations incurring administrative penalties
1. The maximum fine for a domestic violence-related offence shall be 30.000.000 VND if imposed upon an individual, 60.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social security and order shall be 40.000.000 VND if imposed upon an individual, 80.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on fire prevention, firefighting and rescue shall be 50.000.000 VND if imposed upon an individual, 100.000.000 VND if imposed upon an organization; the maximum fine for an offence against regulations on social evils shall be 75.000.000 VND if imposed upon an individual, 150.000.000 VND if imposed upon an organization.
2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.
A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed upon organizations deliberately disclosing secret information about citizens in the database on citizen identity.
In addition, exhibits and means used for committing administrative violations shall be confiscated.
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