Problem of taking photos in Decree 49/2017 / ND-CP

Decree 49/2017 / ND-CP regulates the addition of portrait photos directly to mobile subscribers. Photographing only applies to new subscribers or subscribers with inaccurate information, must re-register.

I. Why take photos

1. In the context of mobile telecommunications services are having a profound impact on all activities of the economy and society, it must first be affirmed that obtaining a complete subscriber information database and Strict regulations are necessary to ensure national security and social security, and protect the rights of each citizen. This means that each mobile subscriber SIM must be attached to a defined, real entity. Thus, when the SIM mobile phone is used to carry out illegal acts such as calling / texting, threatening, terrorizing, harassing, spreading malicious information, impersonating executing illegal transactions on the internet, . harming the national security and the stability of society, harming the legitimate interests of individuals who are impersonated, the management agencies shall have Quick sue to effectively prevent and fight.

Problem of taking photos in Decree 49/2017 / ND-CP Picture 1

2. In the world, most countries are very respectful and have strict regulations on management of telecommunications subscriber information, including mobile subscribers. Developed countries such as the US, Germany, Japan, . have established a system of electronic personal information databases, and when registering subscriber information to use telecommunications services -Internet, people need to present papers to compare and confirm on this system. In developing countries such as India, Thailand, Pakistan, Saudi Arabia, Bangladesh is under the pressure of anti-terrorism and ensuring that the ANN has recently requested the deployment of a fingerprint recognition system of people. subscribe to subscriber information. Some countries like Nigeria, besides applying fingerprint recognition system, also require taking photos of individuals who register to use mobile services. In addition to information about identification documents, it is necessary to collect the information associated with a specific person to register to use the service such as fingerprint or / and photo capture as necessary to determine a transaction. it's real.

3. In our country, in fact, in the past time because of revenue and also because of the strict implementation of implementation, some employees of enterprises and especially agents distributing SIM cards and information registration points If the subscriber falsifies subscriber information, even using IT to create a fake ID card, get his or her identity card attached to the subscriber's sale of others . to connect the mobile SIM without There are real people to register to use the service. The Ministry Inspector has discovered many cases of registration of fake and activated SIM information, and transferred the Ministry of CA to investigate criminal handling and the Prime Minister also requested that the CA Department soon report the results.

4. Because of the above reasons, Decree 49/2017 / ND-CP has stipulated to require additional photos taken directly to the model contract, general transaction conditions. Photos of direct visitors will be the most authentic evidence to ensure the right person, the right time, to avoid the situation that the telecommunications service provider deliberately uses an individual's papers to register information. Subscriber information for other SIM subscribers (that individual does not know) while enterprises do not have enough tools to detect as happened in the past time, especially in the context of Decree 49/2017 / ND-CP has abolished the regulations on the limit of SIM subscribers for each organization and individual.

Problem of taking photos in Decree 49/2017 / ND-CP Picture 2

II. Those who have to take pictures and when

1. Taking photos only applies to new subscribers or subscribers with inaccurate information, must re-register. For subscribers whose business is based on accurate information (for example, postpaid subscribers, subscribers transferring from postpaid to prepaid, new subscribers re-register information in accordance with the regulations in time Recently, there is no need to take photos but businesses only need to take photos and businesses must take full responsibility for that.

2. The enterprise will have 12 months from the effective date of the Decree to review its database, notify the subscriber with false information as stipulated in the Decree to re-register (including shooting. image).

III. Re-registering subscriber information in general including photographing can make it difficult for businesses and people? What regulations did the government provide to facilitate this new regulation?

1. Compared to the requirements of some countries for fingerprints, this provision facilitates businesses and people a lot, because the investment in equipment and the process of obtaining and storing fingerprints is much more complicated. compared to taking photos. From a business perspective, this regulation is completely feasible because shooting is easy, simple and quick, just use a smartphone, iPad, webcam, or appropriate camera.

2. Decree 49 also provides a number of provisions to facilitate people in registering and re-registering subscriber information, especially in the first 12 months from the effective date of the Decree. . In addition to establishing traditional telecom service provision points, enterprises have the right to set up mobile service provision points to serve better and faster people. Enterprises can deploy mobile locations in dynamic residential areas, apartment buildings, people's committees of communes, schools, hospitals, fair markets, etc. In the first 12 months, for With active subscribers having wrong information, businesses can send transaction staff to come directly to meet customers to update information and take photos without necessarily having users come to the supply points. service of the business. In addition, individuals are allowed to enter into a model contract, general transaction conditions for their children or adopted children under 14 years of age and those under their guardianship as prescribed by law, ie children or Elderly people may be contracted by their parents or children.

3. Regarding the responsibilities of telecommunication enterprises in ensuring the safety and confidentiality of subscriber information, including photos, in the Law on Network Information Safety and in Decree No. 174/2013 / ND-CP dated 13 November 11, 2013 of the Government stipulating penalties for administrative violations in the field of post, telecommunications, information technology and radio frequencies, there are regulations to adjust. Telecoms enterprises that disclose personal information of telecommunications service users will be fined from VND 30-50 million; If buying or exchanging personal information will be fined from 50-70 million, and depending on the extent of the violation, it may be prosecuted for criminal liability in accordance with the Criminal Code. Telecommunications businesses are very aware of this responsibility and are taking measures to ensure that in their operating regulations and management information process.

The implementation of subscriber information database is complete and properly regulated in order to protect ANN, social order and safety and protect people. The Ministry of Information and Communications hopes that all people understand and cooperate for the common good of the nation and of each person.