Dear Valued Customers and Partners,
There are only a few days left for enterprises to register for electronic identification (“Electronic Identification”) under Decree No. 69/2024/ND-CP of the Government (“Decree 69/2024”) regulating electronic identification and authentication in replacement of Decree No. 59/2022/ND-CP. Decree 69/2024 takes effect from July 1, 2024 with important regulations related to Electronic Identification, especially Electronic Identification of organizations that enterprises need to know and pay attention to.
1. Electronic identity of enterprises
Decree 69/2024 does not specifically define the electronic identity (“EID”) of enterprises (organizations), however, as prescribed in Articles 3.1 and 6 of Decree 69/2024, the EID of an enterprise can be understood as the information of an enterprise in the electronic identification and authentication system that allows the unique identification of that enterprise in the electronic environment. The EID of an enterprise includes the following basic information: (1) Identification number; (2) Enterprise name including Vietnamese name, abbreviated name (if any) and foreign name (if any); (3) Date, of establishment; (4) Head office address; (5) Tax code (if any); (6) Enterprise code (if any); (7) Electronic Identification Code of the enterprise (if any); (8) Surname, middle name, first name, and personal identification number of the legal representative performing the procedure for granting an Electronic Identification account to the enterprise, in which, the enterprise identification number is a unique natural number sequence established by the electronic identification and authentication system to manage the EID of an enterprise.
2. Electronic Identification of Enterprises
a) Electronic Identification
According to Articles 3.2, 3.3, 3.4 and 3.5 of Decree 69/2024, to create an EID of an enterprise, the enterprise needs to perform Electronic Identification, which is the activity of registering and creating an account for the enterprise in the electronic environment.
This electronic identification account is issued by the electronic identification and authentication management agency, the Department of Administrative Police for Social Order under the Ministry of Public Security, and is an account representing a legal entity in cyberspace, used to access and use the features and utilities of public service platforms, conduct electronic transactions and authenticate the official information of the enterprise legally.
b) Registering an electronic identification account
According to Articles 7, 12.1 and 14.1 of Decree 69/2024, Electronic Identification accounts will be granted to Vietnamese organizations and citizens and foreign organizations and individuals residing in Vietnam at level 1 or level 2, suitable for each specific subject. Enterprises established or registered to operate in Vietnam will be granted an Electronic Identification account regardless of level.
To be granted an Electronic Identification account, the legal representative of the enterprise uses his/her level 2 Electronic Identification account to log into the National Identification Application, provide information according to the instructions and send a request for an Electronic Identification account for the enterprise after obtaining the consent of all other legal representatives of the enterprise (if any).
After the enterprise is granted an Electronic Identification account, the legal representative of the enterprise shall activate the Electronic Identification account on the National Identification Application within 7 days from the date of receiving the notification of the results of granting the Electronic Identification account.
3. Use value of the enterprise’s Electronic Identification account
According to Articles 9.3, 9.5, 9.6, 14.3 and 17 of Decree 69/2024, the enterprise’s Electronic Identification account has the following use value:
- Used to access, exploit, use EID information and other information shared, integrated, updated from the national database, specialized database and all features, utilities, applications of the electronic identification and authentication system, the information system has been connected, shared as prescribed by law.
- Used to perform administrative procedures, public administrative services in the electronic environment and other activities according to the needs of the enterprise.
- Information about the EID and information integrated into the electronic identification card and the Electronic Identification account have evidentiary value, equivalent to providing information or using and presenting papers and documents containing that information in performing administrative procedures, public services, transactions and other activities.
- The use of the Electronic Identification account and electronic authentication services has legal value to confirm and prove that the enterprise has performed and approved the transaction.
- All information about the EID and other information integrated into the Electronic Identification account are permanently stored in the electronic identification and authentication system. In particular, the access history information of the Electronic Identification account will be stored for at least 5 years from the time of access.
4. Enterprises must implement Electronic Identification before July 1, 2025
According to Article 40.4 of Decree 69/2024, the accounts that enterprises have registered on the National Public Service Portal, the administrative procedure settlement information system at the ministerial and provincial levels can only be used until June 30, 2025. This means that from July 1, 2025, these enterprise accounts will no longer be valid, so enterprises will have to use the Electronic Identification account on VNeID to access and connect to administrative information systems.
5. Conclusion
In order to be able to carry out administrative procedures, public administrative services and other transactions in the electronic environment, Decree 69/2024 requires enterprises to implement Electronic Identification before July 1, 2025. Electronic Identification will help enterprises reduce paperwork, save costs, time and avoid legal risks when carrying out necessary administrative procedures. On the contrary, if they do not register for Electronic Identification, it will be difficult for enterprises to connect with useful information and cause difficulties and obstacles in carrying out their activities. Therefore, enterprises need to carry out the procedure of registering for an Electronic Identification account early to have their own “citizen identification card”, helping to quickly grasp information and improve the efficiency of business operations.
