Would my electronic identity account be locked if my visa expired?

Legal situation:

I was born in Vietnam with Canadian citizenship, and now I am living and working in Hanoi. I have been given an electronic identity account, however my visa is set to expire because I will be spending some time back home. I want to know if my account for electronic identification will be locked in this case.

FDVN Opinion:

According to Clause 6, Article 3 of Decree No. 59/2022/NĐ-CP thì “”eID account" refers to a collection of username, password or other authentication methods and is created by the electronic identification and authentication regulator.”

According to Clause 2, Article 11 of this Decree on the Individuals and non-person entities eligible to be granted access to eID accounts: “Foreigners aged 14 years or older who enter in Vietnam; foreigners who are under 14 years of age or wards may share the same eID accounts with their parents or guardians.”

Thus, under these regulations, foreigners are permitted entry into Vietnam at the age of 14 and older. Registration through the electronic identity account of the parent or legal guardian who satisfies the requirements for establishing an electronic identification account in Vietnam is necessary for foreign nationals under the age of 14 or those under guardianship. Foreign nationals' electronic identity comprises their biometric information (fingerprints and a portrait photo) and personal information (foreigner's identity number, last name, middle name, and first name, date of birth, gender, and nationality) as well as their passport or international travel document number, symbol, date, type, and place of issue, as required by law.

The use of electronic identity accounts of foreigners is provided by Article 13 Decree No. 59/2022/NĐ-CP as follows:

• EID holders shall be entitled to log in eID accounts to access features and services of the VNelD application or electronic identification webpages.
• Access to eID accounts created by the electronic identification and authentication system can be granted to carry out administrative procedures or public administration services in cyberspace and other activities to meet the demands of eID holders.
• Agencies, entities and persons shall be entitled to create accounts for use in their activities; must ensure authenticity and accuracy of the accounts that they create on their own; can decide the level and value of each of these accounts. Information required for creation of accounts are provided by account holders; or used by agencies, entities or persons for its original purposes with authorization from account holders.
• Level-1 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are Vietnamese citizens, shall have the value of providing proof of their information specified in clause 1 of Article 7 herein; once access to them being granted to eID holders who are foreigners, shall have the value of providing proof of their information specified in clause 1 of Article 8 herein when these eID holders carry out activities or transactions requiring their personal information to be provided.
• Level-2 eID accounts created by the electronic identification and authentication system, once access to them being granted to eID holders who are foreigners, shall have the same value as passports or international travel documents with respect to transactions requiring passports or international travel documents to be presented; shall have the value of providing information available in documents of foreigners synced to eID accounts to enable agencies and organizations having relevant competence to check when they perform transactions requiring these documents to be presented.
•  Value of access to level-2 eID accounts granted to any eID holder for use in their electronic activities or transactions shall be the same as the value of the act of presenting papers or documents to provide proof of information integrated into eID accounts.

However, if you fall into the cases specified in Clause 2 Article 19 of Decree No.  59/2022/NĐ-CP, foreigner's eID accounts shall be locked, specifically:

• The eID holder makes the request for locking his/her account;
• The eID holder is in breach of terms of use of the VNeID app;
• The eID holder's passport or international travel document is revoked;
• The eID holder’s residence permit expires;
• The eID holder dies.

Therefore, when your residence visa in Vietnam expires, meaning the expiration of your residence period within the territory of Vietnam, your electronic identification account will be locked.

FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

366 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Ho Chi Minh City:

No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City

Lawyers in Ha Noi:

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Lawyers in Nghe An:

 No. 19 V.I Lenin street, Vinh City, Nghe An Province

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/

Youtube: https://www.youtube.com/c/luatsufdvn

Telegram: https://t.me/luatsufdvn

Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam