04 cases where provision and exchange of information and data in database on residence are permitted in Vietnam

04 cases where provision and exchange of information and data in database on residence are permitted in Vietnam (Internet image)

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

1. What is residence database?

According to Clause 3, Article 2 of the Law on Residence 2020, residence database means a specialized database comprising information on residence of citizens digitalized, stored and managed by the information infrastructure, and connected and shared with the national population database and other databases as prescribed by law.

2. 04 cases where provision and exchange of information and data in database on residence are permitted in Vietnam

Specifically, in Clause 3, Article 13 of Decree 62/2021/ND-CP, cases where provision and exchange of information and data in database on residence are permitted include:

(1) Proceeding agencies may be provided, exchange information and documents on database n residence to serve investigation, prosecution, and trials;

(2) Supervisory agencies of specialized databases, regulatory authorities, political organizations, socio-political organizations may be provided, exchange information and data in database on residence to serve management affairs within their functions, tasks, and powers;

3) Citizens may be provided and exchange their information on database on residence;

(4) Agencies, organizations, and citizens not specified under (1), (2), (3) who request to be provided with and exchange information, documents on database on residence of other citizens must obtain verified written consent of the information owners and consent of heads of police authorities of communes or districts in case commune division is not established where the information owners register for temporary residence or permanent residence.

3. Procedures for providing and exchanging information and data in database on residence in Vietnam

According to specified in Clause 4, Article 13 of Decree 62/2021/ND-CP, the procedures for providing and exchanging information and data in database on residence:

- Agencies, organizations, and individuals under Section 2 that request provision, exchange of information and documents on database on residence must provide written request which specifies purpose and details of information requested for provision and exchange.

Cases under (4) require verified written consent of information owners;

- Within 2 working days from the date on which written request for provision of information is received, heads police authorities of communes or districts in case commune division is not established where information owners register for temporary residence or permanent residence shall consider and allow provision, exchange of information and documents in database on residence.

In case of rejection, respond requesting agencies, organizations, individuals in writing and specify reasons.

4. Development of database on residence in Vietnam

According to Clause 2, Article 10 of Decree 62/2021/ND-CP, development of database on residence consists of:

- Allocating premises, constructing structures, installing machinery and equipment;

- Equipping necessary equipment;

- Upgrading network infrastructure;

- Organizing database; developing residence management, registration software;

- Collecting, standardizing and entering data;

- Storing, backing up, synchronizing data, recovering data; guaranteeing security and safety for information in database;

- Training and improving officials managing, and operating database;

- Operating, calibrating, maintaining, and preserving database;

- Other activities as per the law.

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