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Vietnam: Draft Law on citizen identification — Implications on data-related rules

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In brief

The public consultation round for the draft Law on Citizen Identification (“Draft Law“) has recently ended.

Among other objectives, the Draft Law aims at supplementing and integrating more citizen data into the National Database on Population so that Citizen ID Cards and the National e-Identification Application (i.e., VNeID) can be utilized more in both public services and private transactions, gradually cutting red tape.

In detail

The Draft Law consists of seven chapters and 46 articles and is set to take effect on 1 July 2024. Regarding the correlation between the Draft Law and other data-related legislation and bill, we note the following:

  • The Draft Law will be closely associated with Decree No. 59/2022/ND-CP on Electronic Identification and Authentication (“Decree 59“), which regulates the establishment and use of the “electronic identification and authentication system” —Vietnam’s digital national identification information system administered by the Ministry of Public Security. Decree 59 entered into force on 20 October 2022.
  • The Draft Law has an implication for compliance with the future Personal Data Protection Decree (PDPD). Specifically, the Draft Law proposes excluding fingerprints from the information printed on Citizen ID Cards. Since fingerprints are defined as sensitive personal data (i.e., biometric data) per the draft PDPD, the removal of such data can exempt companies from the obligations toward sensitive personal data (e.g., appointing a data protection officer) when they collect the information displayed on a Citizen ID Card’s surface (e.g., taking a photo of a Citizen ID Card during the e-KYC process).

Per the 2023 legislative agenda proposed by the government, the Draft Law will be tentatively issued in October 2023.

We hope the above is helpful. Do let us know if you need any further information or assistance in this matter.

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Author

Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia.
He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc.
He is also a respected presenter in the area of IP, Franchising, Data Privacy, and Entertainment Laws. In addition to authoring many publications, Mr. Tran has lectured at Waseda University School of Law (Japan), Vietnam-German University, Hanoi Law University, Diplomatic Academy of Vietnam, Foreign Trade University, an international MBA Program (CFVG) and IP laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as the Chairman of the Legal Committee of Hanoi American Chamber of Commerce.

Author

Huyen Minh Nguyen is a Senior Associate in BMVN International LLC, Hanoi office.

Author

Tuan Linh Nguyen is a Government Affairs Manager in in BMVN International LLC, Hanoi office.

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