Is an individual in Vietnam allowed to make eID account locking request?

Regarding this matter, LawNet would like to answer as follows:

1. Is an individual in Vietnam allowed to make eID account locking request?

According to the provisions of Clause 1 and Clause 2, Article 19 of Decree 59/2022/ND-CP, cases of locking eID accounts in Vietnam include:

Locking Vietnamese citizen's eID accounts

- The electronic identification and authentication system automatically remembers and locks an eID account if

+ The eID holder makes the request for locking his/her account;

+ The eID holder is in breach of terms of use of the VNeID app;

+ The eID holder's ID card is revoked;

+ The eID holder dies.

The system can remember through the eID holder’s declaration made on the VNelD app or input of updated eID information into the electronic identification and authentication according to Article 10 of Decree 59/2022/ND-CP.

- If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be locked, the account locking request must be sent to the Police to seek their approval for such request.

- Within 02 working days, the request-receiving Police’s head can approve the locking request in the case specified in point b of clause 1 of Article 19 of Decree 59/2022/ND-CP, and notify this to the agency or entity making the account locking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

Locking foreigner's eID accounts

- The electronic identification and authentication system automatically remembers and locks an eID account if

+ The eID holder makes the request for locking his/her account;

+ The eID holder is in breach of terms of use of the VNeID app;

+ The eID holder's passport or international travel document is revoked;

+ The eID holder’s residence permit expires; the eID holder dies.

The system can remember through the eID holder’s declaration made on the VNelD app or input of updated eID information into the electronic identification and authentication according to Article 10 of Decree 59/2022/ND-CP.

- If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be locked, the account locking request must be sent to the Police to seek their approval for such request.

- Within 02 working days, the request-receiving Police’s head can approve the locking request in the case specified in point b of clause 1 of Article 19 of Decree 59/2022/ND-CP, and notify this to the agency or entity making the account locking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

Thus, according to the above regulations, individuals who are Vietnamese citizens or individuals who are foreigners (issued with electronic identification accounts according to Article 11 of Decree 59/2022/ND-CP) have the right to make account locking request and send a account locking request to the Police agency for review and resolution. The time limit for processing account locking request is 02 working days.

2. Guidance on unblocking eID accounts in Vietnam

According to Clauses 4, 5 and 6, Article 19 of Decree 59/2022/ND-CP, regulations on unblocking eID accounts in Vietnam are as follows:

Unblocking eID accounts

- The electronic identification and authentication automatically unlocks an eID account immediately when grounds for automatically locking that eID account no longer exist;

- If a procedure-conducting agency, competent regulatory authority or service user requests an eID account to be unlocked, the account unlocking request must be sent to the Police to seek their approval for such request.

- Within 02 working days, the request-receiving Police’s head can approve the unlocking request in the case specified in point b of clause 2 of Article 19 of Decree 59/2022/ND-CP, and notify this to the agency or entity making the account unlocking request and the eID holder. In case of rejection, a written reply with clear reasons for such rejection must be sent.

Form to request to lock or unlock an electronic identity account

- Ways to request locking and unlocking of eID accounts online

+ The eID holder takes the steps specified in the instructions given on the VNeID app to request locking of an eID account;

- The requesting eID holder must contact the switchboard receiving and responding to requests related to electronic identification and authentication; provide verified information about the eID account holder to request locking or unlocking of the eID account;

+ The requesting eID holder must contact the electronic identification and authentication regulator; provide verified information about the eID account holder to request locking or unlocking of the eID account.

- Ways to request locking and unlocking of eID accounts online directly

+ The requesting eID holder must contact the electronic identification and authentication regulator; provide verified information about the eID account holder to request locking or unlocking of the eID account.

Therefore, individuals can unlock their eID accounts when the grounds for automatically locking that eID account no longer exist and when there is a request for unlocking.

The requesting procedure-conducting agency or competent regulatory authority must send a written request for locking or unlocking an eID account, clearly stating locking reasons and a period of time, to the equivalent-level electronic identification and authentication regulator.

3. Which agency has the authority to lock eID accounts in Vietnam?

According to the provisions of Article 20 of Decree 59/2022/ND-CP, agency has the authority to grant eID accounts and issue decisions to lock or unlock eID accounts including:

- Director of the Police Department on Administrative Management of Social Order under the Ministry of Public Security shall be mandated to issue eID accounts; issue decisions on automatic locking or unlocking of eID accounts on the electronic identification and authentication system, and requests for locking or unlocking of eID accounts of central department-, equivalent- or higher-level agencies.

- Directors of Police Sub-Departments on Administrative Management of Social Order under Police Departments of provinces and centrally-affiliated cities shall be mandated to issue decisions on eID account locking or unlocking requests filed to these Police Departments.

- Directors of Police Divisions of districts shall be mandated to issue decisions on eID account locking or unlocking requests that the Divisions receive.

- Directors of Police Sub-Divisions of communes shall be mandated to issue decisions on eID account locking or unlocking requests that the Sub-Divisions receive.

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