Question:
Our company has a legal representative who is a foreign national but does not frequently reside in Vietnam and currently does not have a Work Permit or a Temporary Residence Card. Meanwhile, in Vietnam, the company has a manager who has been granted a Work Permit and is using a long-term visa, but does not yet have a Temporary Residence Card and has not been authorized by the legal representative.
In this case, how can our company carry out the enterprise electronic identification procedure to ensure compliance with legal regulations while also being practical for our operations?
Answer:
According to Clause 4 Article 40 of Decree No. 69/2024/ND-CP:
“Accounts created by the National Public Service Portal and information systems for handling administrative procedures at ministerial and provincial levels and issued to agencies and organizations shall remain valid until June 30, 2025.”
Therefore, from July 1, 2025, when carrying out administrative procedures online, enterprises must use electronic identification accounts (VNeID). Accordingly, registering an electronic identification account for organizations becomes a necessary condition for enterprises to continue conducting administrative procedures in the electronic environment.
Therefore, your company needs to carry out the enterprise electronic identification procedure.
- Conditions for Foreigners to Be Granted an Electronic Identification Account
According to Article 2 of Decree No. 69/2024/ND-CP: “This Decree applies to agencies, organizations, Vietnamese citizens, and foreign organizations and individuals residing or operating in Vietnam that directly participate in or are related to electronic identification and authentication activities and electronic identity.”
According to Clause 2 Article 7 of Decree No. 69/2024/ND-CP: “Foreigners aged 6 years or older who have been granted a permanent residence card or temporary residence card in Vietnam may be issued a Level-1 or Level-2 electronic identification account upon request. Foreigners under 6 years old who have been granted a permanent residence card or temporary residence card may be issued a Level-1 electronic identification account upon request.”
From the above provisions, foreigners may be granted an electronic identification account when they satisfy the following conditions:
- They are residing or operating in Vietnam; and
- They have been granted a Temporary Residence Card or Permanent Residence Card in Vietnam.
Therefore, based on the information provided, both the company’s legal representative and its manager are foreign nationals who do not yet have a Temporary Residence Card or Permanent Residence Card, and thus do not meet the conditions to be granted an electronic identification account.
- Entity Responsible for Registering an Electronic Identification Account for an Organization
According to Clause 1 Article 12 of Decree No. 69/2024/ND-CP: “ The legal representative, head of an agency or organization, or a person authorized by the legal representative or head shall use their Level-2 electronic identification account to log into the National Identification Application, provide information as instructed, and submit a request for issuance of an electronic identification account for the agency or organization after obtaining the consent of all other legal representatives of the organization (if any)….”
Accordingly, to carry out the procedure for issuing an electronic identification account for an enterprise, the legal representative must use their own Level-2 electronic identification account to log in and perform the procedure.
However, since the company’s legal representative does not currently have a Level-2 electronic identification account, the company cannot complete the electronic identification registration for the organization. Therefore, the legal representative must first apply for a Level-2 electronic identification account for foreigners.
- Regulations on Granting Level-2 Electronic Identification Accounts to Foreigners
According to Clause 2 Article 11 of Decree No. 69/2024/ND-CP:
“2. Issuance of a Level-2 Electronic Identification Account
- a) A foreigner must go to the immigration authority under the Ministry of Public Security or the provincial police and present their passport or other valid international travel documents to apply for a Level-2 electronic identification account;
- b) The foreigner must provide complete and accurate information in the Application Form for Electronic Identification Account (Form TK01) issued together with the Decree, including the registered mobile phone number, email address (if any), and other information requested for integration into the National Identification Application;
- c) The receiving officer enters the information provided by the foreigner into the electronic identification and authentication system and collects facial images and fingerprints for verification with the National Immigration Database;
- d) The immigration authority sends the request for issuance of an electronic identification account to the electronic identification and authentication management authority;
đ) The identification and authentication management authority notifies the registration result via the National Identification Application, registered mobile number, or email address;
- e) Foreigners under 14 years old, persons under guardianship, or persons under representation must come together with their legal representative or guardian to apply for a Level-2 electronic identification account at the immigration authority. The representative or guardian shall use their own registered mobile phone number to declare and register the account for the foreigner.”
According to these provisions, the procedures require the foreigner to personally visit the immigration authority to apply for a Level-2 electronic identification account. However, a key condition for foreigners to obtain such an account is that they must possess a Temporary Residence Card or Permanent Residence Card in Vietnam.
After completing the above steps, the competent authority will process the application and notify the registration result.
However, the prerequisite condition remains that the foreigner must hold a Temporary Residence Card or Permanent Residence Card in Vietnam. Therefore, the legal representative of your company should first carry out the procedure to obtain a Temporary Residence Card or Permanent Residence Card in Vietnam.
