Guidance on the collection, update, connection, and exploitation of information in the identification database from July 1, 2024 in Vietnam

Guidance on the collection, update, connection, and exploitation of information in the identification database from July 1, 2024 in Vietnam​ (Image from the Internet)

Regarding this matter, LawNet answers as follows:

On November 27, 2024, the National Assembly passed the Law on Identification 2023.

Guidance on the collection, update, connection, and exploitation of information in the identification database from July 1, 2024 in Vietnam

According to Article 16 of the Law on Identification 2023, guidelines for collecting, updating, adjusting, managing, connecting, sharing, and exploiting information in the identification database in Vietnam are as follows:

* Information in the identification database is collected, updated, and adjusted from the following sources:

- From the connection and sharing of information with the National Population Database, other national databases, and specialized databases;

- From ID archives; files for issuing and managing ID cards; files for issuing and managing ID certificates;

- From individuals who are information subjects, except in cases specified at Point d, Clause 1, Article 16 of the Law on Identification 2023;

- Biometric information on DNA and voice is collected when citizens voluntarily provide it or when the judicial authorities, administrative handling agencies, during the process of resolving a case, perform expert examinations or collect biometric information on DNA, voice from citizens, then share it with identity management agencies to update and adjust in the identification database.

* Sharing information in the identification database in Vietnam is regulated as follows:

- The identification database is shared with the National Population Database and other specialized databases managed by the Ministry of Public Security to serve the management of the population, identity management, and crime prevention and control;

- Sharing of information in the identification database with other databases not specified at Point a, Clause 2, Article 16 of the Law on Identification 2023 is carried out according to regulations of the Government of Vietnam.

* Exploiting information in the identification database in Vietnam is regulated as follows:

- State agencies, political organizations, and socio-political organizations can exploit information in the identification database to perform their functions and tasks through information sharing regulated in Clause 2, Article 16 of the Law on Identification 2023 or by sending a written request for information provision to the identity management agency;

- Individuals can exploit their information in the identification database by sending a request for information provision to the identity management agency;

- Organizations and individuals not specified at Points a and b, Clause 2, Article 16 of the Law on Identification 2023 must send a written request for information provision to the identity management agency and obtain approval from the identity management agency and the individual whose information is to be exploited. In cases of exploiting information of those declared missing, those declared dead, and those incapacitated, approval must be obtained from the identity management agency and one of the legal representatives or heirs as specified at Point d, Clause 3, Article 16 of the Law on Identification 2023;

- Individuals incapacitated or with difficulties in cognition and behavior control as specified by the Civil Code 2015, individuals under 14 years old, exploit their information through their legal representatives.

Information exploitation of those declared missing is decided by their legal representatives.

Information exploitation of those declared dead is decided by the person identified as their heir.

The head of the ID management agency of the Ministry of Public Security has the authority to permit the exploitation of information in the identification database.

See also the Law on Identification 2023 effective from July 1, 2024, except for the provisions of Clause 3, Article 46 of the Law on Identification 2023 effective from January 15, 2024.

The Citizen Law on Identification 2014 ceases to be effective from the date the Law on Identification 2023 comes into effect.

To Quoc Trinh

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