lending a phone currently open VNeID: Who is responsible if a transaction arises?

Legal Consulting Department of Lao Dong Newspaper answers:

Clauses 1, 2, Article 3 of Decree 69/2024/ND-CP stipulating electronic identification and authentication are as follows:

1. Electronic identity is the information of an agency or an organization or an individual in the electronic identification and authentication system that allows unique identification of that individual, agency, or organization in the electronic environment.

2. Electronic identity subjects are agencies, organizations, and individuals identified as associated with electronic identity.

Clause 4, Article 9 of Decree 69/2024/ND-CP stipulates: Electronic identification subjects use electronic identification accounts to log in, authenticate and use features and utilities on the National Identification Application (VNeID), electronic identification information pages with the address dinhdanhdientu.gov.vn or vneid.gov.vn or other utilities on applications and software of other agencies, organizations, and individuals that have been connected to the electronic identification and authentication system.

Article 31 of Decree 69/2024/ND-CP stipulates the responsibilities of electronic identity subjects as follows:

1. Protect electronic identity information.

2. Ensure the safety of authentication factors.

3. Notify the organization providing electronic authentication services immediately when losing control of the authentication vehicle or detecting someone illegally using their electronic identity or for other reasons that may cause unsafe service use.

Thus, level 2 VNeID account is associated with biometric information and personal information of a single individual. All operations performed from this account (transaction verification, public service registration, signing procedures) are prescribed by law to be performed by the account holder himself.

Lending a phone that is logged into VNeID and generating a transaction, the owner of the phone must be immediately responsible and report to the functional agency to clarify the loss of control of the authentication means or the detection of someone illegally using their electronic identity causing unsafe service use. The borrower is obliged to compensate for actual damages according to the provisions of the Civil Code if they arbitrarily carry out a transaction causing property loss.