Guidelines on management and exploitation of information in the Database on Residence in Vietnam from January 10, 2025

Guidelines on management and exploitation of information in the Database on Residence in Vietnam from January 10, 2025​ (Image from Internet)

On November 26, 2024, the Government of Vietnam promulgated Decree 154/2024/ND-CP guiding the 2020 Residency Law.

Guidelines on management and exploitation of information in the Database on Residence in Vietnam from January 10, 2025

The collection, updating, adjustment, management, connection, sharing, and exploitation of information in the Database on Residence in Vietnam is performed in accordance with Article 13 of Decree 154/2024/ND-CP as follows:

- Information in the Database on Residence is collected, updated, and adjusted from the following sources:

+ Information shared and synchronized from the National Population Database, Identity card database, and other national or specialized databases;

+ From archives managed by the People's Public Security; residency registration and management records; results of administrative procedures and public services;

+ Digitized information provided by organizations or individuals;

+ Information from other sources as prescribed by law.

- The collection, updating, and adjustment of citizens' information into the Database on Residence must ensure the following requirements:

+ Information about citizens when collected, updated, or adjusted in the Database on Residence must ensure accuracy;

+ In case the information about citizens is collected or updated from various sources that do not agree on the content, when collecting or updating citizen information, the commune-level police are responsible for cooperating with civil status registration agencies, related agencies, or citizens to verify the legality of such information and are responsible for the content of the information before collecting, updating it into the Database on Residence.

If citizens find that their information or that of household members is incomplete or inaccurate in the Database on Residence, they shall provide information, records and request the commune-level police agency of their residence to review, update, or adjust as prescribed by law and notify the results to the citizen;

+ Information about citizens already collected or updated in the Database on Residence must be stored fully, reflecting the history of updates, changes, and adjustments.

- Citizens' information in the Database on Residence shared with the National Population Database includes:

+ Permanent residence, start date of permanent residence; reason and time of permanent residence deregistration;

+ Temporary residence; start date of temporary residence, duration of temporary residence; reason and time of temporary residence deregistration;

+ Temporary absence declaration status;

+ Current residence;

+ Full name, middle name, and name, personal identification number, 09-digit identification card of the head of household and household members;

+ Head of household information, relationship with head of household;

+ Other information as prescribed by law.

- The connection and sharing of information between the Database on Residence and other information systems, and databases are conducted based on agreements between the Ministry of Public Security and the managing agencies of other information systems, databases to serve management according to assigned functions and tasks; ensure confidentiality, security, and safety of information, personal data protection.

- Cases authorized to exploit information and documents in the Database on Residence:

+ Procedural authorities are authorized to exploit information and documents in the Database on Residence to serve procedural activities according to assigned functions, tasks, and powers;

+ Specialized database management agencies, state agencies, political organizations, political-social organizations are authorized to exploit information and documents in the Database on Residence to serve tasks according to assigned functions, tasks, and powers;

+ Citizens are authorized to exploit their information and documents in the Database on Residence;

(d) Organizations and individuals not stipulated in points a, b, and c, clause 5, Article 13 of Decree 154/2024/ND-CP when exploiting other personal information in the Database on Residence must have the consent of the registration agency and the data subject of the information to be exploited. In cases where information is exploited for individuals declared incapacitated, individuals with cognitive difficulties, behavioral control as per Civil Code 2015, individuals under 14 years of age, individuals declared missing, deceased individuals, such information must have the consent of the registration agency and one of the lawful representatives, heirs as per point dd, clause 5, Article 13 of Decree 154/2024/ND-CP;

+ Individuals declared incapacitated, individuals with cognitive difficulties, behavioral control according to Civil Code 2015, individuals under 14 years old can exploit their information through a lawful representative.

Information exploitation for individuals declared missing is decided by their lawful representative.

Information exploitation for deceased individuals is decided by their identified heirs.

- Exploitation of citizens' information and documents in the Database on Residence

+ Agencies, organizations, individuals stipulated in clause 5, Article 13 of Decree 154/2024/ND-CP are authorized to exploit information in the Database on Residence through a written request for information exploitation;

+ Agencies, organizations, individuals must send a written request for information exploitation in the Database on Residence to the registration agency where the citizen resides;

+ The written request for information provision must clearly state the purpose, content, scope of information to be exploited in the Database on Residence and ensure responsibility for the use of information upon exploitation; in cases of information exploitation as per point d, dd clause 5, Article 13 of Decree 154/2024/ND-CP, it must express the consent of the data subject;

+ Within a working day, the head of the registration agency where citizens reside shall examine, approve, and provide information from the Database on Residence to requesting agencies, organizations, or individuals;

+ If information provision is denied, a written response must be provided stating the reason.

Refer to Decree 154/2024/ND-CP effective from January 10, 2025.

Decree 62/2021/ND-CP providing detailed regulations on certain articles of the 2020 Residency Law ceases to be effective from the effective date of Decree 154/2024/ND-CP.

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