Authority to give permission for extraction and provision of information in the National population database in Vietnam

Authority to give permission for extraction and provision of information in the National population database in Vietnam (Image from the Internet)

1. Authority to give permission for extraction and provision of information in the National population database in Vietnam

The authority to give permission for extraction and provision of information in the National population database in Vietname is stipulated in Article 9 Decree 70/2024/ND-CP as follows:

- The head of the identity management agency of the Ministry of Public Security has the authority to permit state agencies, political organizations, political-social organizations; credit institutions; organizations providing intermediary payment services; organizations providing telecommunications and mobile services; organizations providing electronic authentication services; organizations providing trusted services to extract information in the National population database nationwide according to the method specified in Clause 5, Article 10 of the Law on Identity 2023.

- The Director of the Provincial Public Security has the authority to extract information in the National population database to provide to state agencies, political organizations, and political-social organizations at the provincial level; notary service organizations, enforcement officers and other organizations that are entrusted with performing public services within the area of management upon written request for information extraction and provision.

- The Head of the District Public Security has the authority to extract information in the National population database to provide to state agencies, political organizations, and political-social organizations at the district and commune levels and other organizations with headquarters within the area of management as specified in Clause 4, Article 8 of Decree 70/2024/ND-CP upon written request for information extraction and provision.

- The Head of the Commune Public Security has the authority to extract information in the National population database to provide to individuals residing within the area of management as specified in Clauses 3 and 4, Article 8 of Decree 70/2024/ND-CP upon written request for information extraction and provision.

- Persons with authority as stipulated in Clauses 1, 2, 3, and 4, Article 9 of Decree 70/2024/ND-CP decide to permit extraction and provision of information in the National population database to organizations and individuals as specified in Clause 8, Article 10 of the Law on Identity 2023 when the individual whose information is to be extracted consents.

2. Procedure for extraction of information in the National population database in Vietnam

The procedure for extraction of information in the National population database in Vietnam is stipulated in Article 10 of Decree 70/2024/ND-CP as follows:

- Extraction via direct connection, sharing information with the National population database

+ The identity management agency of the Ministry of Public Security grants accounts to agencies and organizations to access and extract information in the National population database;

+ Agencies and organizations granted accounts by the identity management agency of the Ministry of Public Security are responsible for creating and managing their own accounts on their information systems that are connected to the National population database and delegating account usage rights to individuals under their management per the assigned functions and duties;

+ Individuals delegated account usage rights under the agency or organization use their accounts to search and extract information about citizens in the National population database through the agency or organization's information system. The person searching must enter complete information, including: full name, middle name, and given name; date of birth; personal identification number and select other required information to be extracted from the National population database;

+ The agency or organization's information system sends an extraction request to the National population database via the account provided by the identity management agency of the Ministry of Public Security. Extraction results are displayed in either paper or electronic format and are stored in the connected, shared information system;

+ The identity management agency of the Ministry of Public Security is responsible for verifying account information and providing extraction results per the account's authorized scope.

- Extraction through the National Public Service Portal, the Ministry of Public Security Public Service Portal

+ Agencies and organizations specified in Clause 1, Article 8 of Decree 70/2024/ND-CP extract information in the National population database via the National population database, the National Public Service Portal, and the Ministry of Public Security Public Service Portal following connection, integration, and data sharing guidance from the Ministry of Public Security;

+ Organizations and individuals specified in Clauses 2 and 3, Article 8 of Decree 70/2024/ND-CP extract information in the National population database via the National Public Service Portal and the Ministry of Public Security Public Service Portal following the instructions on the respective portals;

+ Within 03 working days from the date of receiving a request for information extraction in the National population database from agencies, organizations, or individuals, the person with authority specified in Article 9 of Decree 70/2024/ND-CP evaluates and decides whether to permit the extraction, providing information to the agency, organization, or individual. If permission is not granted, a written response explaining the reasons must be provided;

The information subject confirms the content of consent or non-consent to permit organizations or individuals not specified in Clause 1, Article 8 of Decree 70/2024/ND-CP to extract information in the National population database through the national identity application or other online public services.

- Extraction through the National Identity Application

+ Citizens who have been issued electronic identities log in to the National Identity Application to extract their information in the National population database following the instructions on the National Identity Application;

+ Organizations and individuals not specified in point a of this clause log in to the National Identity Application to extract individual information in the National population database following the instructions on the National Identity Application; the extraction must be consented to by the information subject through the National Identity Application.

- Extraction via the electronic identity and authentication platform

+ Agencies and organizations specified in Clause 1, Article 8 of Decree 70/2024/ND-CP connect directly to the electronic identity and authentication platform to extract information in the National population database according to the unanimous document with the Ministry of Public Security;

+ Organizations and individuals specified in Clauses 2 and 4, Article 8 of Decree 70/2024/ND-CP connect to the electronic identity and authentication platform through the information systems of the electronic authentication service providers to extract information in the National population database. The information extraction is implemented according to the agreement document with the electronic authentication service providers and compliant with Clause 5, Article 8 of Decree 70/2024/ND-CP.

- Extraction via written request

+ Agencies, organizations, and individuals submit a written request for information extraction in the National population database to the person with authority specified in Article 9 of Decree 70/2024/ND-CP;

+ The written request must clearly state the purpose, content, and scope of information to be extracted in the National population database and include a declaration of responsibility for the use of the information once extracted and the consent of the information subject;

+ Within 03 working days from the date of receiving the written request for information extraction in the National population database from agencies, organizations, or individuals, the person with authority specified in Article 9 of Decree 70/2024/ND-CP evaluates and decides whether to permit the extraction;

+ If permission to extract information is granted, a written response and information are provided to the agency, organization, or individual. If permission is not granted, a written response explaining the reasons must be provided.

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