24/10/2023 08:14

By the end of 2023, will people who have not registered for a level-2 eID account be fined in Vietnam?

By the end of 2023, will people who have not registered for a level-2 eID account be fined in Vietnam?

I have not yet registered for a level-2 eID account, will I be fined? “Minh Tai-Hanoi, Vietnam”

Hello, Lawnet would like to answer as follows:

1. What is a level-2 eID account?

A level-2 eID account is an account created in case the information of the declared individual has been verified by portrait photo, or fingerprint matches with information in the National population database, Citizen identification database or National immigration database

Level-2 eID account includes the following information:

- Personal information:

+ Personal identity number;

+ First, middle and last name;

+ Date (day, month, year) of birth;

+ Gender.

- Biometric data:

+ Personal portrait;

+ Fingerprint.

(According to Article 7 of Decree 59/2022/ND-CP)

2. By the end of 2023, will people who have not registered for a level-2 eID account be fined in Vietnam?

According to Article 13 of Decree 59/2022/ND-CP, there are regulations on access to eID accountsas follows:

Article 13. Access to eID accounts

1. EID holders shall be entitled to log in eID accounts to access features and services of the VNelD application or electronic identification webpages.

2. Access to eID accounts created by the electronic identification and authentication system can be granted to carry out administrative procedures or public administration services in cyberspace and other activities to meet the demands of eID holders.

3. Agencies, entities and persons shall be entitled to create accounts for use in their activities; must ensure authenticity and accuracy of the accounts that they create on their own; can decide the level and value of each of these accounts. Information required for creation of accounts are provided by account holders; or used by agencies, entities or persons for its original purposes with authorization from account holders.

4. Level-1 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are Vietnamese citizens, shall have the value of providing proof of their information specified in clause 1 of Article 7 herein; once access to them being granted to eID holders who are foreigners, shall have the value of providing proof of their information specified in clause 1 of Article 8 herein when these eID holders carry out activities or transactions requiring their personal information to be provided.

5. Level-2 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are Vietnamese citizens, shall have the same value as ID cards when they perform transactions requiring ID cards to be presented; shall have the value of providing information available on documents of citizens that are already synced to eID accounts to enable agencies and organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

6. Level-2 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are foreigners, shall have the same value as passports or international travel documents with respect to transactions requiring passports or international travel documents to be presented; shall have the value of providing information available in documents of foreigners synced to eID accounts to enable agencies and organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

7. As a holder of the eID account created by the electronic identification and authentication system, any eID holder that is a non-person entity can grant access to this account to its legal representative or authorized trustee. eID accounts, once access to them being granted to non-person entities, shall have the value of providing proof of their eIDs when they perform any transaction requiring proof of information about them to be provided; shall have the value of providing information available in documents of these non-person entities synced to their eID accounts in order to enable agencies or organizations having relevant competence to check when they perform transactions requiring these documents to be presented.

8. Value of access to level-2 eID accounts granted to any eID holder for use in their electronic activities or transactions shall be the same as value of the act of presenting papers or documents to provide proof of information integrated into eID accounts.

From the above regulations, the law does not have any regulations forcing citizens to register for a level-2 eID account and also does not stipulate penalties if people do not carry out this procedure.

3. Uses of a level-2 eID account in Vietnam

Article 3 of Decree 59/2022/ND-CP stipulates that an eID account refers to a collection of username, password or other authentication methods and is created by the electronic identification and authentication regulator.

Information synchronized to the electronic identity account will include information about health insurance cards, vehicle registration certificates, driver's licenses, tax codes, or other documents belonging to the management field of industries and professions regulated by State agencies.

When citizens use electronic identity accounts to perform financial transactions, such as paying electricity and water bills, paying social insurance and health insurance, transferring money, etc., people will have their information kept confidential, avoid being tampered with, help make transactions safe, and save a lot of time and costs because they do not have to declare many types of forms, reducing many procedural steps when performing public administrative transactions.

Bui Thi Nhu Y
57


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