Delegates agreed on the necessity of promulgating the Law to institutionalize the Party's guidelines and policies and the State's policies on promoting the application of information technology, proactively participating in the Fourth Industrial Revolution, building e-Government, handling administrative procedures and providing online public services; creating a legal basis for implementation, creating a breakthrough in digital transformation in all fields.
Proposal not to remove hometown section on ID card
National Assembly delegate of Bac Kan province Nguyen Thi Thuy speaks. Photo: Doan Tan/VNA
Assessing the draft Law dossier as being carefully prepared, serious and of high quality, delegate Nguyen Thi Thuy (Bac Kan) contributed some specific contents.
Regarding citizen information collected and integrated in the National Population Database (Article 10), the draft Law stipulates that there are 24 groups of citizen information collected and integrated in the National Population Database. However, the last clause of this Article stipulates: In addition to the above information, other citizen information shared from the National Database and specialized databases will also be collected and integrated. Delegates suggested further consideration of these regulations, because there are many specialized databases such as those in the fields of health, education, labor, tax, securities, etc.
At the same time, the draft Law stipulates that "other information of citizens" is not clear about what information it is, raising concerns about information related to citizens' private lives. Therefore, the drafting agency needs to continue reviewing to specifically stipulate "other information of citizens" in the Law.
Regarding the subjects that are allowed to exploit information (Article 11), the draft Law stipulates: Subjects that are allowed to exploit information include State management agencies, political organizations, and socio-political organizations. According to delegate Nguyen Thi Thuy, the information on the National Population Database is very broad, for example, if citizens' phone numbers are not properly managed, they will cause inconvenience to citizens. In addition, each agency and organization has different functions and tasks, so the purpose and scope of exploitation are different. For example, the traffic police agency only needs to exploit information related to driver's licenses, while the land administration agencies only need to exploit information related to citizens' land and houses.
"The draft Law only regulates the subjects of information exploitation but does not regulate the scope of information exploitation and assigns it to the Government to regulate. The information is directly related to individual citizens and also information related to the private life of citizens. I propose that the revision process must review and specifically regulate the scope of exploitation of the subjects in the Law, ensuring proper functions and tasks," the delegate said.
Regarding the information on the citizen identification card (Article 19), the draft Law has adjusted some information on the identification card compared to the current Law, including removing the hometown section. Delegates said that in the context of promoting the construction of the National Population Database and the construction of the Identity Database, adjusting the information on the identification card is appropriate; however, further research is needed on removing the hometown section in the identification card.
The delegate analyzed that Article 3 of the draft Law stipulates that "identification helps identify a person's background". According to current legal regulations, only agencies and organizations that are allowed to exploit information in the National Population Database and use specialized equipment inspected and evaluated by the Ministry of Public Security can exploit the information integrated in the identification card. Daily transactions with other entities and the need to use this identification card to identify a person's background. Therefore, the delegate proposed that the hometown section on the identification card should not be removed.
Ensure regulations are constitutional, legal and strict
Delegate Do Thi Viet Ha (Bac Giang) commented that the draft Law amends 39/39 articles, adding 7 articles compared to the current Law, including regulations on supplementing and updating some information to the National Population Database, the Identity Database, collecting, connecting, sharing, exploiting, and using information in these two databases and many other important contents. These are all contents related to personal privacy and human rights stipulated in the 2013 Constitution. Along with that, there are many provisions of the draft Law related to the provisions of current laws and international conventions such as the Law on Nationality, the Law on Civil Status, the Law on Residence, the Civil Code, and the International Convention on Civil and Political Rights. Therefore, the delegate suggested that the drafting agency continue to thoroughly study each specific content to ensure that the provisions are constitutional, legal, coherent, consistent, and feasible.
Concerned about the issue of electronic identification, the delegate said that, compared to the current Law on Citizen Identification, the draft Law has added the scope of regulation to electronic identification and the identification of electronic identification accounts as electronic identification.
According to the delegate, Clause 1, Article 10 of Decree No. 59/2022/ND-CP of the Government regulating electronic identification and authentication stipulates: Electronic identification accounts created by the electronic identification and authentication system are used to perform administrative procedures and public administrative services in the electronic environment. Thus, an electronic identification account is a type of account granted to specific individuals and organizations to participate in transactions in the network environment such as performing administrative procedures and public services in the electronic environment.
In addition, the information in the electronic identification account, when created, will be synchronized with information in other databases, including the National Population Database and the Identity Database. Thus, the same electronic identification account has different legal values. The electronic identification account of an individual is identified as an electronic identity card, which is not suitable and does not ensure consistency in the management of accounts created by the same system.
The delegate said that electronic identification should only be a method of implementing the transition from administrative management to electronic management; it is proposed not to define electronic identification accounts as electronic identification. In case it is still stipulated in this draft Law, it is proposed to further evaluate the feasibility, the roadmap for granting electronic identification, and at the same time, supplement regulations on procedures for granting electronic identification, applications of electronic identification...
Meet the requirements of digital transformation
Minister of Public Security To Lam explains and clarifies a number of issues raised by National Assembly deputies. Photo: Doan Tan/VNA
Speaking at the meeting, Minister of Public Security To Lam said that the draft Law on Identification is an important legal document in the management of population and identification, aiming to facilitate people in traveling, performing administrative procedures, civil transactions and many other utilities, meeting the requirements of digital transformation in our country.
The Minister summarized the delegates' opinions, focusing on 10 main groups of issues including: the necessity of promulgation; consistency, feasibility; name; content of the ID card; regulations on granting ID cards to people under 14 years old; integrating information into the ID card... The Government will absorb the delegates' opinions, continue to research, and report to the National Assembly.
Regarding the necessity of promulgation, Minister To Lam said that all opinions agreed to promulgate the Law on Identification and highly appreciated the Government's preparation of documents; affirmed that the draft Law documents ensured compliance with legal regulations, and had received and explained the opinions discussed in groups of National Assembly deputies.
“The majority of delegates believe that the provisions in the draft are similar to the laws of many countries in the world, especially developed countries, and are consistent with the provisions of the Constitution and do not conflict with other laws,” said the Minister.
Regarding the name of the draft Law, the majority of delegates agreed on the name Law on Identification to ensure comprehensiveness, consistency with the scope of regulation and applicable subjects of the law". Some delegates proposed to keep the current name of the Law on Citizen Identification.
The Minister said he will continue to report to the Government and coordinate with relevant agencies of the National Assembly to absorb, explain, and revise the draft Law accordingly, ensuring completion in both content and technique to submit to the National Assembly at the 6th Session (November 2023).
According to VNA/Tin Tuc Newspaper
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