Proposals for amendments to the regulations on electronic authentication in Vietnam

12:10, 04/04/2024

Is there any proposal for amendments to the regulations on electronic authentication in Vietnam? - Thanh Ngan (HCMC)

Proposals for amendments to the regulations on electronic authentication in Vietnam (Internet image)

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

The Ministry of Public Security is currently seeking opinions on the draft Decree regulating electronic identification and authentication (referred to as the draft Decree).

Proposals for amendments to the regulations on electronic authentication in Vietnam

Proposals for amendments to the regulations on electronic authentication are as follows:

- Specialized database management agencies, state agencies, political organizations, political-social organizations, and organizations providing public services authenticate the information of electronic identity subjects through the national database management agency, specialized databases, and the electronic identification and authentication system. They authenticate electronic identity accounts through the electronic identification and authentication system.

- The authentication of electronic identity and other information of individuals and organizations not covered in Article 19 of the draft Decree is carried out through agreements via contracts or other forms as prescribed by law with organizations providing electronic authentication services. The authentication of other information of individuals and organizations is carried out through agreements via contracts with organizations providing electronic authentication services. The authentication of electronic identity accounts requires the consent of the electronic identity subject, unless otherwise prescribed.

- The ministers of relevant ministries, agencies under the ministries, and the People's Committees of centrally governed provinces and cities are responsible for guiding the implementation of authenticating the information of electronic identity subjects present in the databases managed by them.

Currently, according to the provisions of Article 23 of Decree 59/2022/ND-CP regulations on electronic authentication are as follows:

- Agencies managing specialized databases, state agencies, political organization, socio-political organizations and organizations administering public services are entitled to authenticate information can authenticate information of eID holders via agencies managing the national database, specialized databases, electronic identification and authentication system; verify eID accounts through the electronic identification and authentication system.

- Individuals or non-person entities other than those defined in clause 1 of Article 23 of Decree 59/2022/ND-CP can request electronic authentication service providers to verify that their eID accounts are created by the electronic identification and authentication system and remain in use when they are applying to implement administrative procedures, public administration services and other transactions in cyberspace. Electronic authentication service providers reserve their right to refuse to verify ID information of eID holders and other information about eID account holders, unless otherwise decided by the Minister of Public Security.

Authenticating eID accounts at the request of individuals or non-person entities other than those specified in clause 1 of this Article shall be bound by terms and conditions of service contracts with electronic authentication service providers. eID account authentication must be subject to approval from eID holders.

- Ministers, heads of quasi-ministries, People's Committees of provinces and centrally-affiliated cities in charge of the national database and specialized databases shall provide guidance on authentication of information of eID holders available in the respective database under their control.

More details can be found in the draft Decree on electronic identification and authentication.

To Quoc Trinh

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