VIETNAM – LEGAL ALERT ON DECREE 69/2024/ND-CP ON ELECTRONIC AUTHENTICATION AND IDENTIFICATION

On June 25, 2024, the Vietnamese Government issued Decree 69/2024/ND-CP (Decree 69), effective from July 1, 2024, replacing Decree 59/2022/ND-CP. Decree 69 regulates electronic identification (e-ID) and authentication (EIA), with specific provisions for foreigners residing or having activities in Vietnam and enterprises operating in Vietnam.

1. Regulations on Electronic Identification for Foreign Individuals
2. Subjects eligible for EIA

• Foreign nationals aged 6 years and older who have been issued a permanent residence card or temporary residence card in Vietnam are eligible for a Level 1 EIA account and a Level 2 EIA account upon request (Article 7.2 Decree 69)
• Foreign nationals under 6 years old who have been issued a permanent residence card or temporary residence card in Vietnam are eligible for a Level 1 electronic identification account upon request (Article 7.2 Decree 69)

2. The IT infrastructure in Vietnam to do this registration

Vietnam’s IT infrastructure supports e-ID registration through the VNeID application and the national EIA system managed by the Ministry of Public Security (MPS). The system is integrated with the National Public Service Portal (NPSP) and ministerial/provincial information systems, enabling seamless online administrative procedures.

3. Step-by Step e-ID Registration for Foreign Nationals

Foreigners can register for e-ID accounts (Level 1 or Level 2) through the following steps:

• Level 1 e-ID Registration (Article 11.1 Decree 69):

• • Use a mobile device to access VNeID.
  • Enter passport or valid international travel document details, along with an email address or phone number (if available), and provide the required information following the instructions in the National Identification App.
  • Take a portrait photo via the app and submit the registration request.
  • The EIA management agency will verify the information and notify the result via VNeID, a registered mobile phone number, or an email address within 01 working day (Article 13.4(a) Decree 69)

• Level 2 e-ID Registration (Article 11.1 Decree 69):

• • Visit the immigration management agency under the Ministry of Public Security or the provincial-level police department, present their passport or valid international travel document.
  • Provide required information on the application form, including a registered mobile phone number, email address (if available), and any additional details requested for integration into the National Identification App.
  • The receiving officer will enter the provided information into the electronic identification and authentication system, capture a facial image, and collect fingerprints for verification against the National Immigration Database.
  • The immigration management agency will submit the request for an EIA to the EIA management agency.
  • The EIA management agency will notify the registration result via the National Identification App, a registered mobile phone number, or an email address within 3 working days (if biometrics exist) or 7 working days (if not) (Article 13.4(a) Decree 69)
  • Foreign nationals under 14 years old, those under guardianship, or those requiring representation must visit the immigration management agency under the MPS or the provincial-level police department along with their guardian or representative to complete the Level 2 electronic identification account registration process.
• Activation: Activate the e-ID account within 7 days of receiving the registration result via VNeID. If not activated, contact the EIA help desk for support. (Article 14.1 Decree 69)
• For Minors or Wards: Parents or guardians must use their registered mobile number to register Level 2 e-ID accounts at a police station or ID issuance location.(Article 11.1(d), 11.2(e) Decree 69)

Level 2 e-ID accounts allow access to more extensive online services, including national and specialized databases, compared to Level 1 accounts, which are limited to basic personal information verification.

         4. Notes
– Existing Accounts Expiry: Accounts created by the NPSP and administrative procedure resolution systems at the ministerial and provincial levels for individuals will remain valid until June 30, 2024. (Article 40.3 Decree 69).
– Optional but Recommended: From July 1, 2024, e-ID registration is not mandatory for foreigners, as it is issued upon request (Article 7.2, Decree 69). However, foreigners are encouraged to register to facilitate access to digital administrative services, such as online public services, banking, or civil transactions.
– Practical Considerations: While the VNeID app supports online transactions, its utility is limited. Many services still require hard-copy documents (e.g., passports or residence permits), and the app may face delays or errors due to outdated updates. Vietnam’s digital infrastructure, though advanced, is not fully digitized, leading to challenges like inconsistent app performance, language barriers, and reliance on physical paperwork. Foreigners should register for better access to public services but carry original documents as a backup for these practical hurdles.

II. Regulations on Electronic Identification for Agencies and Organizations Operating in Vietnam

1. Subjects
Agencies and organizations established or registered to operate in Vietnam are granted electronic identification accounts of all levels (Article 7.3, Decree 69).

2. Procedures for Issuing Electronic Identification Accounts for Enterprises

– Online: The legal representative, head of the agency or organization, or an authorized individual uses their Level 2 electronic identification account to log into VNeID, submit required information, and request an electronic identification account with consent from other legal representatives (if applicable).

– In-person: The legal representative, head of the agency or organization, or an authorized individual submits the application form at the Electronic Identification and Authentication Management Agency or Identity Management Authority.

– Verification: The Electronic Identification Management Agency checks information in national database; if unavailable, further verification is conducted. Processing time is up to 3 working days if the organization’s information exists in national or specialized database and up to 15 working days if verification is required due to missing data. (Article 13.4 Decree 69)

– Notification: Results are sent via VNeID, mobile number, or email. If rejected, a formal notification is issued.

3. Notes

– Existing Accounts Expiry: Public service portal accounts for agencies/organizations shall expire on June 30, 2025 (Article 40.4, Decree 69).

– Optional but Recommended: From July 01, 2025, although not mandatory, businesses should register for e-ID for administrative efficiency.

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Please do not hesitate to contact Dr. Oliver Massmann under [email protected] if you have any questions on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.