You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 30, 2021

Vietnam Updates Draft Decree Regulating E-Identification and Authentication

Subscribe to Updates

In mid-2019, the Vietnamese government approved the drafting of a Decree Regulating E-Identification and Authentication (“Draft Decree”), one of many efforts aimed at advancing the government’s plan to promote application and development of information technology. Since then, the Ministry of Information and Communication (MIC) has been accepting public comments and has been revising the Draft Decree, with the latest version dated April 29, 2021.

Expected to be promulgated in August 2021, the Decree will be the first to provide a comprehensive legal basis for managing, providing and using e-identification and authentication services in online transactions. Some notable contents are presented below.

Four Levels of E-Identification

Under the latest Draft Decree, different forms of e-identification are classified into four levels, increasing in security and reliability:

  • Level 1: Receiving digital data provided by the registrant.
  • Level 2: The same as Level 1, together with checking directly or online the suitability of personal information provided by the registrant with copies of documents issued by the authority.
  • Level 3: The same as Level 2, together with collating digital data through direct check of citizen identification card, electronic connection with citizen identification card, or connection with the national database on population.
  • Level 4: The same as Level 3, together with the registrant’s appearance in person or online in real time.

Generally, an individual may be identified by multiple e-identities, which are valid for use in different types of online transactions. However, since these transactions vary in their requirements of the level of authentication, each e-identification is valid only in transactions that require the same or lower level of authentication.

Since Level 3 and 4 e-identities are authenticated through some form of direct identification (such as the registrant’s appearance, a direct check of citizen identification card, or electronic connection with citizen identification card), according to Article 5.2 of the Draft Decree, they are qualified to be used in online transactions that otherwise require a citizen identification document by law.

Once an individual has provided an e-identification that meets the authentication level set by the transacting organization, the latter may not demand further identifying information.

Regulations for E-Identification Service Providers

In general, the provision of e-identification and authentication services is carried out based on contractual agreements between the provider and the registrant and between the provider and the transacting organization, unless specified by any other law. The provider must meet general requirements for the storage and update of e-identities, provision and management of authentication tools, and suspension and retrieval of e-identities.

Since Level 3 and 4 e-identifications are more secure and their validity is more ubiquitous than those of Level 1 and 2, providers must satisfy several heightened conditions and requirements prescribed by law to obtain the license to provide Level 3 and 4 e-identification and authentication services. Meanwhile, providers of Level 1 and 2 e-identifications are not subject to any license, they must only comply with general requirements as listed above.

Conditions and requirements imposed by the Draft Decree to obtain the license for Level 3 and 4 provision include:

  • The enterprise must be established in accordance with Vietnamese laws and must be operating in Vietnam.
  • The legal representative of the enterprise must have Vietnamese citizenship and reside in Vietnam.
  • A deposit of VND 20 billion (approximately USD 871,600) must be made in a commercial bank operating in Vietnam.
  • Specific personnel and technical requirements, management procedure requirements, etc., must be satisfied.

Among these requirements, the most notable is the deposit of VND 20 billion as a risk management and compensation mechanism in the event that the provider violates any rules leading to suspension of their license. According to the MIC, this proposed amount is estimated based on an average of 1 to 5 million accounts charged at VND 50,000 a year by each provider. The deposit would prevent risks during the dissolution or suspension of operation of the provider, and ensure the secure and reliable transfer of the e-identifications to another provider.

Related Professionals

Industries

Technology

Location

RELATED INSIGHTS​ 

March 27, 2026
In response to the rapid advancement of artificial intelligence (AI) and evolving global digital trends, Thailand has undertaken significant efforts to establish a comprehensive national policy framework aimed at fostering an AI ecosystem. This framework seeks to promote the responsible development and deployment of AI technology to enhance Thailand’s economic competitiveness and improve quality of life, with targeted implementation by 2027. In furtherance of this national AI policy, regulatory authorities have initiated efforts to develop and refine the applicable legal framework, including the drafting of Thailand’s first unified AI legislation. Pending the composing and enactment of such comprehensive legislation, sector-specific regulators have proactively issued guidelines applicable to regulated entities within their respective jurisdictions, including financial institutions, banks, insurance companies, securities and derivatives business operators, and digital asset service providers. Concurrently, cross-sectoral regulatory bodies, notably the Personal Data Protection Committee (PDPC) and the National Cyber Security Agency (NCSA), have promulgated guidelines applicable to all business operators within their regulatory purview. While unified AI legislation has not been enacted, the design, development and use of AI in Thailand in various industries is still subject to existing sector-specific legislation. National AI policy The Thai cabinet approved the Thailand National AI Strategy and Action Plan (2022-2027) in July 2022, aiming to establish an AI development and application ecosystem by 2027. The strategy is built around five pillars: Preparing social, ethical, legal and regulatory readiness for AI; Developing national infrastructure; Increasing human capability and AI education; Driving AI technology and innovation; and Promoting AI adoption in public and private sectors. The above-mentioned national AI committee, under the National Digital Economy and Society Committee (NDESC), was established in August 2022, chaired by the prime minister. Comprehensive legislation Following the national AI strategy, the government has been developing comprehensive AI legislation to govern and promote AI
Read More
March 20, 2026
Thailand’s Board of Investment (BOI) now requires data center projects to demonstrate measurable benefits for local workforce development, R&D, SME capability, and domestic supply chains to qualify for corporate income tax (CIT) exemptions. BOI Notification No. Por. 3/2569, issued on February 6, 2026, updates the requirements for projects seeking promotion under BOI category 8.2.1 (data centers). All data center projects must now submit and implement plans covering development of Thai human resources and domestic supply chain support before benefiting from any CIT exemption. Human Resources Development Plan The BOI seeks to promote local talent development beyond basic training. Plans must include the following elements: Training for data center design, construction, and operations targeting vocational students, engineering and ICT undergraduates and postgraduates, and energy and building personnel in Thailand. Joint curricula with Thai universities and technical institutes. Collaborative R&D with Thai nationals or institutions in areas including AI, resource allocation, high-performance computing, and data center hardware and systems. Thai SME upskilling in electrical and energy systems and IT services. Domestic Supply Chain Support Plan Plans must demonstrate knowledge transfer in design, construction, cooling, security, and power and water management. Projects must also include usage or installation of domestically manufactured equipment or engage specialist domestic entities. Criteria for BOI Evaluation The BOI will assess data center operators’ eligibility for CIT incentives based on two criteria: Scale requirement: Training and joint-curriculum initiatives must reach a total participants equal to at least 10 times the project headcount and run for the duration of the CIT incentive. If this threshold is not met, the applicant must also implement continuous R&D or SME skills-development plans throughout the incentive period. Substantiality test: Supply-chain plans must be substantive, meet industry standards, and show measurable development of the domestic digital and data center supply base. To ensure compliance,
Read More
March 19, 2026
Thailand’s Electronic Transactions Development Agency (ETDA), which describes itself as a “co-creation regulator” working collaboratively with industry rather than imposing top-down rules, has unveiled its regulatory roadmap for digital platform businesses under the Royal Decree on Digital Platform Service Businesses B.E. 2565 (2022). The 2026 regulatory approach is guided by three core principles—“practicable, verifiable, shared responsibility”—aimed at elevating digital services to be safe, transparent, and fair. These principles inform ETDA’s 2026 priorities, which focus on three key dimensions: product and service standards on platforms, fair competition and fee transparency, and online fraud prevention. Product and Service Standards ETDA’s 2026 agenda addresses product and service standards across several platform categories: Online marketplace platforms. The Notification on Additional Measures for Online Marketplace Platforms under Section 18(2) came into force on December 31, 2025, designating 21 marketplace platforms that must verify products and merchants. Among other obligations, covered platforms must remove or suspend substandard products under the “notice and take down” principle. The ETDA has collaborated with the Food and Drug Administration and the Thai Industrial Standards Institute to develop inspection manuals and coordinate compliance procedures. Social commerce. The ETDA is preparing a new notification under Section 18(2) specifically targeting social commerce platforms with sales support functions, aiming to align regulation with evolving digital market conditions. Ride sharing. Since the postponement of the deadline to comply with the ETDA’s notification on ride-sharing platforms to March 31, 2026, the ETDA has supported drivers in registering with the Department of Land Transport through the Driver Verify registration system, which has already issued certifications to approximately 27,900 riders. The ETDA is also examining structural issues relating to appropriate insurance packages, motorcycle engine capacity expansion, and fair leasing fees and contract transfer costs in coordination with the Department of Land Transport, the Office of Insurance Commission,
Read More
March 19, 2026
Thailand’s Personal Data Protection Committee (PDPC) has launched a public consultation period to gather input for a forthcoming set of guidelines under the country’s Personal Data Protection Act (PDPA). This initiative follows the PDPC’s issuance of guidelines on consent and notification requirements in September 2022. The main consultation period, using an online questionnaire to gather feedback, runs until March 23, 2026. In addition, an interview-style online session for private-sector participants was held on March 17, and a two-day in-person event will be held on April 1–2—this is already fully booked and  walk-ins will not be accepted, but the session will be livestreamed on the PDPC’s Facebook page. The PDPC will use the public feedback to design draft guidelines that accurately reflect the operational realities of both public and private organizations, after which the guidelines will be shared with the public. Consultation Scope The PDPC has identified six priority areas for which upcoming guidance may be issued: Legal bases for processing: The online questionnaire assesses respondents’ understanding of consent requirements and seeks views on priority issues, such as explanations of the legal bases and considerations for selecting an appropriate legal basis depending on the nature of the processing activity. Security measures and data breach notification: The questionnaire examines respondents’ understanding of data breach reporting and security measure obligations. Topics proposed for inclusion in the guidelines include data breach prevention measures, incident response plans, risk assessment methods, and reporting procedures. Data protection officers: Respondents are invited to share their expectations regarding the DPO’s role and their experiences in contacting a DPO. The survey also asks respondents to identify priority issues, such as response timeframes for data subject requests and complaint procedures. Marketing and direct marketing: The online questionnaire seeks input on preferred topics for guidance, including individuals’ rights to refuse marketing
Read More