The Ministry of Public Security is seeking opinions on the draft Law on Electronic Identification and Authentication, which proposes cases of temporary suspension, termination of validity and cancellation of electronic identity and identification codes.
According to the draft, electronic identity and identification codes will be temporarily suspended in cases such as electronic identity entities requesting; agencies and organizations performing electronic identification activities detecting that electronic identity information is edited or used illegally; procedural agencies or competent agencies requesting according to the provisions of law.
During the period of suspension of validity, electronic identification and identification codes will not be valid in transactions and administrative procedures.
The draft also stipulates that the restoration of the validity of electronic identity and identification codes is carried out when the cause leading to the suspension is no longer there or has been overcome. The electronic identity subject will be notified of the suspension, the reason for suspension as well as the method of restoration for electronic identity under management and ownership.
The Government will detail the authority, order and procedures for suspending and restoring the validity of electronic identification and identification codes.
In addition, the draft Law proposes to abolish electronic identity and identification codes in cases where it is discovered that the establishment of electronic identity and the issuance of identification codes have errors or are not in accordance with regulations; or at the request of procedural agencies or competent authorities.
The cancelled electronic identity and identification code will no longer be valid from the time of establishment or issuance of the identification code.
Agencies and organizations implementing electronic identification activities are responsible for notifying the cancellation to the electronic identification subject and related parties; synchronizing information into the National Database on ID and Electronic Authentication according to the provisions of Article 34 of the draft Law. At the same time, these agencies and organizations must be responsible for remedying the consequences arising from their faults according to the provisions of civil law.
Notably, the draft also proposes cases of termination of the validity of electronic identity and identification codes, including: electronic identity entities requesting termination of validity for electronic identity and identification codes registered by themselves, except for electronic identity established by state agencies.
For the deceased individual, the termination only applies to the electronic identity and identification code of that individual, which does not mean the termination of validity for other related subjects.
Electronic identification and identification code of organizations and businesses will cease to be valid when that unit ceases operations, dissolves or goes bankrupt according to the provisions of law.
Specifically for electronic identities of subjects specified in Clauses 2 and 3, Article 7 of the draft Law, the effectiveness will cease when the subjects no longer exist, are destroyed, recovered or terminated according to the provisions of specialized laws.
According to the draft, data on electronic identities of subjects after termination of validity will be stored for at least 5 years from the time of termination, unless otherwise provided by law. After being terminated, electronic identities and identification codes will no longer be valid in transactions and administrative procedures.
