WHAT IS ELECTRONIC IDENTIFICATION? REGULATIONS ON ELECTRONIC IDENTIFICATION ACCOUNTS FOR FOREIGNERS IN VIETNAM
Article by Legal Specialist at Dai Ha Thanh Law Firm – Le Phuong – Bachelor of Administrative Law at the Academy of Public Administration and Governance .
In an era of constantly evolving technology, online administrative procedures are becoming increasingly common, and managing electronic personal information is crucial for everyone. One of the prominent aspects of this development is 'electronic identification.' For foreigners living and working in Vietnam, understanding and complying with regulations on electronic identification is key to accessing and utilizing public services effectively to support administrative and legal issues. So, what exactly is electronic identification, and how does it impact foreigners in Vietnam? To clarify this matter, DHT provides the article with the content “What is Electronic Identification? Regulations on Electronic Identification Accounts for Foreigners in Vietnam”.
1. Electronic identity
1.1. Definition
According to Clause 3, Article 3 of Decree 69/2024/ND-CP: “Electronic identification refers to an act of registering, verifying, creating and binding an eID to an eID holder” (hereinafter referred to as “e-identification).
Clauses 1 and 2 of this Article explain that "“Electronic identity (hereinafter referred to as “eID”) refers to information about an agency or an organization or an individual existing in an electronic identification and authentication system that makes it possible to uniquely identify that individual or agency or organization in cyberspace." and "Electronic identity holder (hereinafter referred to as “eID holder”) refers to an agency, an organization or an individual that is identified as the one to whom an eID is attached."
Therefore, electronic identification allows the verification of a person's identity without the need to present physical identification documents, using technological applications to carry out the identification in the digital environment.
One of the significant advancements in electronic identification in Vietnam was in September 2021, during the complex developments of the Covid-19 pandemic, when the Ministry of Public Security officially introduced the VNeID (Vietnam Electronic Identification) application. Designed for mobile devices, VNeID initially had only two main functions: health declaration and domestic travel declaration, replacing traditional paper documents. However, at the beginning of 2022, when the Government approved Scheme 06 through Decision 06/QD-TTg 2022 on the "National Digital Transformation Program," VNeID officially became the "National Identification Application." This not only reflects the government's effort in digitizing administrative procedures but also highlights the importance of electronic identity verification in the digital era.
1.2. Role of Electronic Identification
Electronic identification brings significant convenience in the context of global digitization:
- Enhances convenience and speed in administrative procedures: Users no longer have to spend time presenting and verifying physical documents. When individuals carry out administrative procedures or transactions with organizations and businesses, personal information will be authenticated by the electronic identification and authentication system developed and managed by the Ministry of Public Security. The electronic identification system also ensures high accuracy in the information verification process, minimizing common errors in traditional procedures, especially as the sophistication of document forgery increases.
- Personal Information Security and Mitigation of Data Theft Risks:
Thanks to the application of advanced security technologies such as encryption and multi-factor authentication, personal data is protected from the risks of information leakage or identity theft. The integration of biometric authentication methods, such as fingerprint and facial recognition, further enhances security and accuracy. Moreover, the electronic identification system helps organizations and individuals comply with legal regulations on information security and privacy, avoiding violations and legal risks.
- Wide Application Across Various Fields:
Electronic identification is not limited to public services; financial institutions such as banks also use it for procedures like account opening, credit card registration, and loan applications. Citizens no longer need to use multiple documents for verification, and banks can avoid risks related to bad debt, ensure payment security, and prevent money laundering. In e-commerce, electronic identification helps authenticate sellers, ensuring transparency to protect consumers.
2. Legal Regulations on Electronic Identification for Foreigners in Vietnam
2.1. Are Foreigners Eligible for Electronic Identification Accounts?
On June 25, 2024, the Government issued Decree No. 69/2024/ND-CP on electronic identification and authentication, effective from July 1, 2024, replacing Decree No. 59/2022/ND-CP. Pursuant to Clause 2, Article 7 of Decree No. 69/2024/ND-CP, which regulates the "Classification and Subjects Eligible for Electronic Identification Accounts," the following provisions apply:
- Foreigners aged 6 years or older who have been granted permanent or temporary residence cards in Vietnam are eligible for Level 1 and Level 2 electronic identification accounts upon request;
- Those under 6 years of age who have been granted permanent or temporary residence cards in Vietnam are eligible for Level 1 electronic identification accounts upon request.
Thus, it is clear that foreigners are eligible for electronic identification accounts under Clause 2, Article 7 of Decree No. 69/2024/ND-CP and may fully register for the VNeID application if needed.
2.2. Procedures for Registering and Issuing Electronic Identification Accounts for Foreigners
Procedure for issuing level 1 electronic identification accounts for foreign nationals
Based on Clause 1, Article 11 of Decree No. 69/2024/ND-CP stipulating the procedure for issuing electronic identification accounts for foreign nationals as follows:
- Step 1: Foreign nationals use digital devices to download and install the National Identification Application;
- Step 2: Register for a VNeID identification account and input the information required by the system; Foreign nationals should provide the following information as required by the VNeID application:
- Passport number or international travel document number;
- Email or phone number registered for subscription information (if any);
- Provide a portrait photo using a mobile device;
- Other information as required by the VNeID system.
Foreign nationals then submit the request and perform electronic verification through the VNeID identification application.
- Step 3: The electronic identification and authentication management authority will notify the account registration results via:
- National Identification Application;
- The registered primary mobile phone number;
- Email address.
Note: Representatives and guardians use their primary mobile phone number and their Level 2 electronic identification account to declare and register for a Level 1 electronic identification account for foreign nationals under 14 years old, wards, and represented individuals through the National Identification Application.
Procedure for issuing level 2 electronic identification accounts for foreign nationals
A Level 2 electronic identification account allows foreign nationals to use the electronic identification account in a manner equivalent to using a passport or international travel document when conducting transactions that require the presentation of such documents. Moreover, the Level 2 electronic identification account provides information about the foreign national’s documents integrated into the account, facilitating the verification process by authorities and organizations when needed during transactions requiring document presentation (based on Clause 6, Article 9 of Decree No. 69/2024/ND-CP.)
- Step 1: Foreign nationals must visit the Immigration Management Authority of the Ministry of Public Security or the provincial-level police. They need to present their passport/international travel document and provide complete and accurate information on the electronic identification account application form according to Form TK01 (issued with Circular No. 73/2021/TT-BCA) to the competent authority. Foreign nationals must specify:
- Email/phone number registered for subscription information (if any);
- The information they wish to integrate into the National Identification Application.
- Step 2: The officer enters the information provided by the foreign national into the electronic identification and authentication system; collects facial photographs and fingerprints of the foreign national to perform verification with the National Immigration Database.
- Step 3: The Immigration Management Authority sends the request for issuing an electronic identification account to the electronic identification and authentication management authority.
- Step 4: Await the successful registration result for the Level 2 identification account for the foreign national. The electronic identification and authentication management authority notifies the registration result via:
- National Identification Application;
- The registered primary mobile phone number;
- Email address.
Note: The foreigner who is under 14 years of age, the ward or the represented person and their representative or the guardian contact the immigration department of the Ministry of Public Security or the provincial police authority in order to follow procedures for issuance the level-2 eID account
2.3. Locking VNeID Identification Accounts of Foreigners
Based on Article 15 of Decree No. 69/2024/ND-CP, in certain cases, the VNeID electronic identification system will automatically record, inspect, authenticate, and proceed to lock the accounts of foreigners in the following situations:
- The user voluntarily requests to lock their identification account;
- The user violates the terms of agreement when using the VNeID application;
- The foreigner’s passport/international travel documents have expired;
- The user has overstayed their permitted duration in the territory of Vietnam or has deceased.
Additionally, according to Point c, Clause 2, Article 15 of Decree No. 69/2024/ND-CP, a foreigner's identification account may be locked if judicial authorities or competent functional agencies submit a request to lock the account to the commune, ward, or township police, or to the provincial or district-level police.
Information regarding the locking of a foreigner's VNeID account will be recorded through the national identification application or updated into the electronic identification and authentication system as stipulated in Article 8 of Decree No. 69/2024/ND-CP.
3. Challenges and Benefits for Foreign Citizens When Implementing Electronic Identification
3.1. Challenges
Firstly, foreigners may encounter difficulties using VNeID due to language barriers, especially since the application is only available in Vietnamese. This is a significant shortcoming of the application. For example, the VssID application issued by Vietnam Social Security supports four languages: Vietnamese, English, Chinese, and Korean. Given that VNeID is an administrative application for all citizens, the lack of language support can create obstacles in accessing and fully understanding the application's functions and procedures.
Secondly, the legal regulations and procedures related to electronic identification in Vietnam may differ significantly from those in other countries. For foreigners, especially those coming from countries with different legal systems, understanding and complying with Vietnamese regulations can be a considerable challenge.
For instance, the process of registering for electronic identification through the Real ID system in the United States is straightforward; the application only requires basic documents like a driver's license or passport and verification at local agencies. This process helps reduce the administrative burden and time for citizens. In contrast, in Vietnam, Decree 69/2024/ND-CP requires the collection of specific information such as portrait photos, iris scans, and fingerprints. There are also more thorough information verification steps, including cross-referencing information from various data sources to ensure high accuracy and security.
3.2. Benefits
Firstly, for foreign citizens, identity verification often poses many difficulties, especially when living in a country where the administrative language is not English. VNeID helps resolve this issue by providing a reliable means of identity authentication. Users can utilize VNeID when renting accommodation, registering for telecommunications services, internet, and many other services that require identity verification.
Secondly, VNeID assists foreign citizens in effectively managing personal identification documents. This system allows users to store and update their information securely and safely. The information is protected by high security standards from the Ministry of Public Security, ensuring that only authorized individuals can access and use this data. Eliminating the need to use original documents optimizes storage and preservation, avoiding issues like deterioration or information leakage. Additionally, users can directly report crimes through this application with comprehensive and detailed guidance for citizens on reporting, ensuring 100% confidentiality for whistleblowers. This enhances stability and security, helping foreign citizens integrate and fully enjoy life in Vietnam.
Thirdly, another benefit of VNeID is supporting foreign citizens in carrying out administrative procedures. Through VNeID, foreign citizens can log into the National Public Service Portal, making it easy to extend visas, register temporary residence, and perform many other procedures without having to visit administrative agencies in person. This not only saves time but also provides users with peace of mind as all procedures are conducted transparently and swiftly.
4. Responsibilities of Agencies in Building and Protecting the VNeID Electronic Identification System
The construction and protection of the VNeID electronic identification system involve close coordination among multiple agencies to ensure data security and enhance the effectiveness of state management activities (according to Articles 34-39 of Decree No. 69/2024/ND-CP).
Responsibilities of the Ministry of Public Security: Construct, manage, protect, and operate the electronic identification and authentication system; apply electronic identification accounts to state management and administrative reform; lead and coordinate with ministries and ministerial-level agencies in connecting national databases and specialized databases for electronic identification and authentication.
Ensuring safety and information security is the responsibility of the Ministry of Information and Communications and the Ministry of National Defense, in coordination with the Ministry of Public Security: Guide subordinate agencies, units, enterprises, and individuals in implementing electronic identification and authentication, ensuring compliance with regulations on protecting state secrets in the field of national defense. Coordinate with the Ministry of Public Security to unify methods of connection and sharing to use electronic identities, electronic identification accounts, and electronic identification cards provided and created by the electronic identification and authentication system.
Responsibilities of the Government Cipher Committee: Guide the application of civil cryptographic technical standards and regulations and use specialized digital signature authentication services in electronic identification and authentication activities; coordinate with the Ministry of Public Security to ensure the safety and information security of cipher products used in the electronic identification and authentication system, the use of electronic identities, electronic identification accounts, and electronic identification cards in providing specialized digital signature services for public duties.
Additionally, the responsibilities of ministries, ministerial-level agencies, and centrally governed cities are crucial in: Ensuring the use of electronic identities, electronic identification accounts, and electronic identification cards to carry out administrative procedures and provide public administrative services in the electronic environment; Ensuring stable and seamless operation of national databases and specialized databases in authentication as required by specialized database management agencies, state agencies, political organizations, socio-political organizations, and other organizations assigned to perform public services.
5. Conclusion
In conclusion, electronic identification is not only an advanced tool for authenticating personal identities in the digital environment but also plays a pivotal role in resident management and facilitating online public services. In Vietnam, regulations regarding electronic identification accounts for foreigners have been clearly established to ensure transparency and safety, allowing both users and functional agencies to manage effectively.
Despite existing challenges, it is undeniable that the application and adherence to these regulations not only help foreigners easily access and utilize public services but also contribute to enhancing management efficiency and protecting personal rights and information. This demonstrates Vietnam's commitment to building a comprehensive electronic identification system, aiming toward a sustainable digital economy and society.
The above information provides insights into electronic identification as well as detailed procedures for registering electronic identification accounts for foreigners. Đại Hà Thành Law Firm, with a team of lawyers and legal advisors professionally trained domestically and internationally, is committed to providing professional legal services to our esteemed clients. If you require detailed consultation, please contact us to receive professional and effective legal advisory services.
