REGISTRATION OF ENTERPRISE eID WHERE THE LEGAL REPRESENTATIVE IS A FOREIGN NATIONAL?

Electronic identification for enterprises (enterprise eID) is established as a mandatory requirement to ensure transparency, safety, and legal validity of transactions conducted in the digital environment. As stipulated in Decree No. 69/2024/ND-CP, enterprises are required to complete their enterprise eID registration no later than July 1, 2025. However, for enterprises with foreign capital, particularly in cases where the legal representative is a foreign national, questions may arise regarding potential legal obstacles, including matters of competence and procedural implementation. Do such enterprises encounter legal difficulties related to the authority and method of carrying out the corresponding registration procedures?

Enterprise eID account is mandatory for online administrative procedures from July 1, 2025?

Enterprise eID account is used as a centralized management tool by State authorities to facilitate transparent exchange, connection, and oversight of enterprises, wherein information relating to the enterprise’s electronic identity and other relevant data is permanently stored within the system.

As stipulated in Decree No. 69/2024/ND-CP (“Decree 69”), enterprises (regardless of whether they are domestically or foreign-invested) are required to complete the issuance of their enterprise eID accounts no later than July 1, 2025. Possessing an eID account is also expected to help enterprises save time and costs, streamline transactions with State agencies, and ensure information security.

The enterprise eID account will entirely replace accounts previously created via the National Public Service Portal and will become the sole method by which enterprises may carry out administrative procedures and access public administrative services in the online environment.

How is enterprise eID registered when the legal representative is a foreign national?

Pursuant to Decree No. 69/2024/ND-CP (“Decree 69”), in order to register for enterprise eID via the online application, the person performing the registration must use a Level-2 personal electronic identification account. It should be noted that a foreign national is only eligible to be issued a Level-2 personal eID account if they possess a valid temporary or permanent residence card in Vietnam with a corresponding request submitted to the competent State authority.

The legal representative of the enterprise may either carry out the eID registration personally or authorize another individual through a valid power of attorney.

In addition to the online registration method via the Application, enterprises may also choose to declare and submit their registration dossiers directly at the competent authority at a convenient location.

The processing time for an enterprise eID account registration shall not exceed 03 working days if the enterprise’s information already exists in national or sectoral databases. In cases where the information requires verification and is not yet available, the processing time shall not exceed 15 working days.

It is important to note that a verified mobile phone number or valid email address must be used in order to receive the registration outcome. Furthermore, once the enterprise eID account is issued, it must be activated via the National eID Application within 07 days from the date of the issuance notification.

The system will deactivate Enterprise eid accounts in case of violations?

Information associated with an enterprise’s electronic identity and the data integrated into its eID account holds evidentiary value equivalent to that of providing, presenting, or utilizing physical documents containing the corresponding information. Accordingly, enterprises are required to take full responsibility for verifying and ensuring the accuracy of the eID account they establish, for the purpose of conducting authorized transactions.

In the event of violations, the enterprise’s eID account may be subject to verification and automatic deactivation by the System. In addition, the eID account may also be deactivated upon the enterprise’s request or in circumstances where the enterprise is dissolved, declared bankrupt, suspended, or has its operations terminated.

>> IMPORTANT REPORTS BY FOREIGN-INVESTED ENTERPRISES IN VIETNAM https://linconlaw.vn/important-reports-by-foreign-invested-enterprises-in-vietnam/

>> REPORT ON PERSONAL DATA PROCESSING, WHAT ARE THE RESPONSIBILITIES OF ENTERPRISES? https://linconlaw.vn/report-on-personal-data-processing-what-are-the-responsibilities-of-enterprises/