Luật Căn cước năm 2023 số 26/2023/QH15

NATIONAL ASSEMBLY OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM                Independence – Freedom – Happiness                ----------------
Law No. 26/2023/QH15	Hanoi, November 27, 2023

 

LAW

IDENTIFICATION

Pursuant to the Constitution of the Socialist Republic of Vietnam;  

The National Assembly promulgates the Law on Identification.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for national population database and identification database; identity cards and electronic identification; identity certificates; rights, obligations and responsibilities of relevant agencies, organizations and individuals.

Article 2. Regulated entities

This Law applies to Vietnamese citizens; Vietnamese residents of undetermined nationality; relevant agencies, organizations and individuals.

Article 3. Definition of terms

In this Law, the terms below are construed as follows:

1. “Identification” means basic information about the personal record, identity and biometric identifiers of a person.

2. “Identity” means distinctive and stable characteristics of a person’s appearance that distinguish such person from another one.

3. “Biometric identifiers” mean biometric or biological characteristics that are distinctive and stable of a person, used to identify and distinguish such person from another one.

4. A “Vietnamese resident whose nationality has not yet been determined residing in Vietnam” (hereinafter referred to as “Vietnamese resident of undetermined nationality”) means a person who is residing in Vietnam without any documents proving that he/she has the nationality of Vietnam or another country but has a consanguineous relationship with a person who used to have the nationality of Vietnam determined by the consanguinity principle.

5. “Identification archive” means a system of dossiers and documents on identification which are managed, classified, arranged and stored in a certain order so as to serve information search and extraction.

6. “National population database” means a shared database which collects basic information about all Vietnamese citizens and Vietnamese residents of undetermined nationality, and is standardized, digitalized, stored and managed in an information infrastructure to serve state management affairs and transactions among agencies, organizations and individuals.

7. “Identification database” means a specialized database which collects information about identification of all Vietnamese citizens and Vietnamese residents of undetermined nationality, and is standardized, digitalized, stored and managed in an information infrastructure to serve state management of identification and transactions among agencies, organizations and individuals.

8. “Specialized database” means a collection of information about one or several certain management field(s) of a Ministry, a ministerial agency, a Governmental agency, a provincial People’s Committee, a political organization, or a socio-political organization, which is digitalized, stored and managed in an information infrastructure to serve specialized state management and transactions among agencies, organizations and individuals.

9. “Information infrastructure” of the national population database and identification database means a collection of hardware, software and database management system, serving production, collection, processing, storage, transmission, exchange and sharing of information about population and identification.

10. “Identification-managing agency” means an agency assigned by the Ministry of Public Security to perform management of identification, the national population database, the identification database and the electronic identification and authentication system.

11. “Identity card (ID card)" means an identification document containing identification and other information integrated into the card of a Vietnamese citizen and issued by an identification-managing agency according to regulations of this Law.

12. “Identity certificate" means an identification document containing identification of a Vietnamese resident of undetermined nationality and issued by an identification-managing agency according to regulations of this Law.

13. “Electronic identity” means a collection of information of a Vietnamese citizen which is included in the identification database and used to electronically determine such citizen via the electronic identification and authentication system and make electronic identification. Such information contains:

a) Personal identification number;

b) Family name, middle name and first name;

c) Date of birth;

d) Gender;

dd) Portrait photo;

e) Fingerprints.

14. “Electronic identification and authentication system” means an information system used to register, create and manage eID accounts, and implement e-authentication.

15. “Electronic identification process” with regard to a Vietnamese citizen means an act of registering, verifying, binding an electronic identity and issuing an electronic identification to a citizen.

16. “Electronic authentication” with regard to electronic identity of a Vietnamese citizen means an act of confirming or asserting the accuracy of the electronic identity by extracting and comparing information in the national population database and the identification database via the electronic identification and authentication system.

17. “Electronic identification” means an identification of a Vietnamese citizen which is shown via an electronic identification account opened by the electronic identification and authentication system.

18. “National identification application” means a digital application which is used for electronic identification and authentication in online processing of administrative procedures, public services and other transactions and develop utilities in service of agencies, organizations and individuals.

19. “National data center” means a place where information and data from databases and information systems are collected, stored, processed and regulated in order to provide applications related to the database and information infrastructure under the Government's regulations.

Article 4. Principles of management of identification, the national population database and the identification database

1. Complying with the Constitution and law; protecting human rights and citizens’ rights.

2. Being public, transparent, fair and convenient for agencies, organizations and individuals.

3. Ensuring information security and safety and protecting personal data.

4. Information and documents shall be collected and updated in a full, accurate and prompt manner; managed in a centralized, unified and close manner; and maintained, extracted and used efficiently and archived permanently.

Article 5. Rights and obligations of Vietnamese citizens and Vietnamese residents of undetermined nationality to identification, the national population database and the identification database

1. A Vietnamese citizen shall hold the following rights:

a) Have his/her personal data on the national population database and the identification database protected according to regulations of law;

b) Request the identification-managing agency to update and adjust his/her information on the national population database, the identification database, his/her ID card, electronic identification in accordance with the law on identification; 

c) Have person identification number assigned; have his/her ID card issued, renewed and re-issued in accordance with this Law; have information about identification and information on the national population database certified; 

d) Use his/her ID card, electronic identification for transactions and exercise of lawful rights and interests;

dd) Extract his/her information on the national population database and the identification database.

2. A Vietnamese resident of undetermined nationality shall hold the following rights:

a) Have his/her personal data on the national population database and the identification database protected according to regulations of law;

b) Request an identification-managing agency to update and adjust his/her information on the national population database, the identification database, and his/her identity certificate in accordance with the law on identification; 

c) Have person identification number assigned; have his/her identity certificate issued, renewed and re-issued in accordance with this Law;

d) Use his/her identity certificate for transactions and exercise of lawful rights and interests;

dd) Extract his/her information in the national population database and the identification database.

3. A Vietnamese citizen or a Vietnamese resident of undetermined nationality shall have the following obligations:

a) Carry out procedures for issuance, renewal and reissuance of ID cards and certificates in accordance with this Law; preserve ID cards and certificates which have been issued;

b) Fully, accurately and promptly provide his/her personal information and documents to update and adjust them on the national population database, the identification database, his/her ID card and electronic identification in accordance with the law on identification;

c) Fully, accurately and promptly provide his/her personal information and documents which are different from information on his/her ID card/certificate when he/she carries out relevant transactions and be responsible for the fullness and accuracy of such information and documents;

d) Present his/her ID card/certificate or provide electronic identification or his/her personal identification number as required by a competent person according to regulations of law;

dd) Return his/her ID card/certificate to a competent agency in case of renewal, revocation or temporary seizure of such card/certificate according to regulations of law.

4. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age are entitled to exercise their rights and obligations as specified in this Article via their legal representatives or by themselves when they obtain consent from their legal representatives according to regulations of Civil Code.

Article 6. Responsibilities of identification-managing agencies

1. Accurately, fully and promptly collect, update and adjust information on the national population database and the identification database.

2. Publicly post and provide guidance on administrative procedures related to identification, the national population database and the identification database in accordance with regulations of law.

3. Ensure information safety and security and protect personal data on the national population database, the identification database and the electronic identification and authentication system.

4. Fully, accurately and promptly provide information and documents on citizens as required by agencies, organizations and individuals in accordance with the law.

5. Issue and manage electronic identification; issue, renew, reissue, revoke ID cards/certificates in accordance with this Law.

6. Manage electronic authentication and identification.

7. Settle complaints and denunciations and handle violations against regulations on identification in accordance with law.

Article 7. Prohibited acts

1. Issuing, renewing, re-issuing or revoking ID cards/certificates in violation of laws.

2. Seizing ID cards/certificates in violation of laws.

3. Causing harassment, troubles or discrimination when settling administrative procedures related to identification, the national population database and the identification database.

4. Falsifying books and dossiers on identification and information on the national population database and the identification database; failing to provide or insufficiently or inaccurately or illegally providing information and documents on identification or information on the national population database and the identification database.

5. Failing to carry out procedures for issuance of ID cards according to regulations of Clause 2 Article 19 of this Law.

6. Producing and putting tools, means or software into use or taking other actions that obstruct or disrupt operation of the information infrastructure of the national population database, the identification database and the electronic identification and authentication system.

7. Forging, modifying and intentionally falsifying contents of ID cards/certificates and electronic identification; appropriating or illegally using ID cards/certificates or electronic identification of other persons; renting, leasing, mortgaging, receiving as mortgage or destroying ID cards/certificates; or using ID cards/certificates and electronic identification which have been forged.

8. Illegally accessing, modifying, deleting, canceling or dispersing data, or taking other actions related to processing of personal data on the national population database, the identification database, and the electronic identification and authentication system.

9. Extracting, sharing, purchasing, selling, exchanging, appropriating or illegally using information or data on the national population database, the identification database, and the electronic identification and authentication system.

Chapter II

NATIONAL POPULATION DATABASE AND IDENTIFICATION DATABASE

Section 1. NATIONAL POPULATION DATABASE

Article 8. Requirements for establishment and management of the national population database

1. The national population database shall be established and managed in a centralized and unified manner at the identification-managing agency of the Ministry of Public Security.

2. The national population database shall be established according to standards and technical regulations on information technology and socio-economic norms, thereby ensuring that the database operates stably and continuously.

3. Assuring information safety and security, protecting personal data and facilitating the collection, update, adjustment, extraction and use of information.

4. Connecting and sharing information or data with the national database, specialized database, other database, national data center, public service portal, and information system for handling administrative procedures.

5. Protecting agencies, organizations or individuals’ rights to extract information according to regulations of law.

6. Storing adequate information of citizens upon collecting, updating and adjusting it on the database.

Article 9. Information on the national population database

1. Family name, middle name and first name.

2. Other names.

3. Personal identification number.

4. Date of birth.

5. Gender.

6. Place of birth.

7. Place of birth registration.  

8. Place of origin.

9. Ethnic group.

10. Religion.

11. Nationality.

12. Blood group.

13. 9-digit ID card.

14. Date and place of issuance, date of expiry of the ID card, the citizen ID card, or the 12-digit ID card which has been issued.

15. Family name, middle name and first name, personal identification number, 09-digit ID card number, nationality of parents, spouses, children, legal representative(s) and the represented person.

16. Place of permanent residence.

17. Place of temporary residence.

18. Current place of residence

19. Declaration of temporary absence.

20. Residence document number.

21. Marital status.

22. Relationship with the household owner.

23. Family name, middle name and first name, personal identification number, 09-digit ID card number of the household owner and each member.

24. Date of death or going missing.

25. Phone number and email.

26. Other information as regulated by the Government.

Article 10. Collecting, updating, adjusting, managing, connecting, sharing and extracting information on the national population database

1. The information specified in Article 9 of this Law shall be collected, adjusted and updated on the national population database from the archive managed by the people’s public security forces, the identification database, the residence database, the civil status database, the national database, the specialized database, and other database according to regulations of law.

2. If the information specified in Clauses 1, 4, 5, 7, 8, 9 and 11 Article 9 of this Law is unavailable or inadequate, the identification-managing agency shall request citizens to provide it.

3. The identification-managing agency shall connect with relevant agencies, organizations and individuals in inspecting information when collecting, updating, and adjusting it in order to ensure the accuracy and consistency.

4. The information infrastructure of the national population database shall be protected by the State in accordance with regulations of the law on protection of key works related to national security, the cybersecurity law and the law on cyberinformation security.

5. Methods of extracting information on the national population database include:

a) Direct connection and exchange between the national database, the specialized database, other database, the national data center and the national population database or other methods of the Vietnam’s E-Government Architecture Framework;

b) The national public service portal or the public service portal of the Ministry of Public Security;

c) Written information provision;

d) National identification application;

d) Electronic identification and authentication platform;

g) Other methods as regulated by the Government.

6. State agencies, political organizations, and socio-political organizations are entitled to extract information on the national population database in conformity with their functions and tasks.

7. Individuals are entitled to extract their information on the national population database.

8. Organizations and individuals other than those specified in Clause 6 and Clause 7 of this Article shall obtain consent from the identification-managing agency and owners of personal information when extracting it on the national population database.  In case of extraction of information of incapacitated persons, persons with limited recognition and behavioral control as specified in Civil Code, persons under 14 years of age, and persons declared missing or dead, the consent from the identification-managing agency and one of the legal representatives or heirs shall be granted according to regulations in Clause 9 of this Article.

9. Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age may extract their information via their legal representatives.

The extraction of information of persons declared missing shall be decided by their legal representatives.

The extraction of information of persons declared dead shall be decided by their heirs.

10. The information on the national population database is the basis for inspection and unification of personal information conducted by agencies, organizations and individuals.

11. The Government shall elaborate Clauses 1, 2, 3, 5 and 9 of this Article; and procedures for extracting information on the national population database.

Article 11. Relation between the national population database and the national database, specialized database, national data center, public service portal, and information system for handling administrative procedures.

1. When having one of the pieces of information about a person on the national population database, the agency or organization managing the national database or the specialized database shall connect and share such information with the national population database.

2. The identification-managing agency shall share information on the national population database with the agency or organization managing the national database and the specialized database in order to perform functions and tasks that have been assigned.

3. When obtaining results of handling of administrative procedures with regard to information specified in Article 9 of this Law, the agency managing the public service portal or information system for handling administrative procedures at ministerial or provincial level shall share such results with the identification-managing agency. The identification-managing agency shall be responsible for fully, accurately, and promptly updating and adjusting information on the national population database.

4. If the information of a person on the national database or the specialized database is not consistent with that on the national population database, the identification-managing agency shall connect with a relevant agency or that person in inspecting the information, and updating and adjusting it on the national population database, the national database or the specialized database, thereby ensuring the accuracy and consistency.

5. Connection, sharing, update, adjustment, extraction and use of pieces of information between the national population database and the national data center, the national database, the specialized database shall be effective, safe and suitable to functions, tasks, and entitlement of agencies and organizations that perform the above-mentioned actions according to regulation of this Law and relevant laws.

Article 12. Personal identification number of Vietnamese citizen

1. The personal identification number of a Vietnamese citizen is a numerical string including 12 digits, set up by the national population database and is granted to a Vietnamese citizen.

2. Personal identification numbers shall be uniformly managed nationwide by the Ministry of Public Security; each Vietnamese citizen shall be granted one number which is not identical to another’s number.

3. The personal identification number of a Vietnamese citizen is used to issue an ID card to such citizen and extract his/her information on the national population database, national database, specialized database, national data center, public service portal, and information system for handling administrative procedures.

4. The Government shall provide for establishment, cancellation and re-establishment of a personal identification number of a Vietnamese citizen.

Article 13. Responsibilities of relevant agencies, organizations and individuals for collection, provision, update and adjustment to information and documents on the national population database.

1. Agencies, organizations and individuals shall:

a) Comply with the process of collection, provision, update and adjustment to information and documents;

b) Ensure sufficient, accurate and prompt collection and provision of information and documents;

c) Promptly notify citizen’s information upon occurrence of any change or inaccuracy to the identification-managing agency.

2. Persons assigned to collect, update and adjust information and documents shall:

a) Check information and documents on citizens; and regularly monitor, update and adjust information;

b) Preserve and keep relevant information and documents confidential; refrain from altering, erasing or damaging documents, and be responsible for the accuracy and sufficiency of updated and adjusted information.

3. The head of the identification-managing agency shall:

a) Organize management of collection, update, adjustment and storage of information and documents;

b) Check and take responsibility for information and documents already updated, adjusted and stored.

Section 2. IDENTIFICATION DATABASE

Article 14. Requirements for establishment and management of the identification database

1. The identification database shall be established and managed in a centralized and unified manner at the identification-managing agency of the Ministry of Public Security.

2. The identification database shall be established according to standards and technical regulations on information technology and socio-economic norms, thereby ensuring that the database is connected with the national population database and operates stably and continuously.

3. Ensuring information safety and security, protecting personal data and facilitating collection, update, adjustment, extraction and use of information.

4. Protecting agencies, organizations or individuals’ rights to extract information according to regulations of law.

5. Fully, accurately, and promptly collecting, updating and adjusting information; storing adequate information of citizens upon collecting, updating and adjusting it on the database.

Article 15. Information on the identification database

1. Information specified in Clause 1 through Clause 18, Clause 24 and Clause 25 of Article 9 of this Law.

2. Identity information.

3. Biometric identifiers, including portrait pictures, fingerprints, irides, ADN, voice.

4. Occupations, except for People's Armed forces, People's Public Security forces, and ciphers.

5. E-identification status.  The e-identification status is the current level of e-identification.

Article 16. Collecting, updating, adjusting, managing, connecting, sharing and extracting information on the identification database

1. Information on the identification database is collected, updated, and adjusted from the following sources:

a) Information connection and exchange with the national population database, the national database and the specialized database;

b) Identification archive; dossiers on issuance and management of ID cards/certificates;

c) Persons who are information owners, except for the case specified in Point d of this Clause;

d) Biometrics identifiers that are ADN and voices voluntarily provided by each citizen or collected by the criminal proceedings agency or the supervisory agency of persons against whom administrative measures are taken during the performance of its functions and tasks, in which case these biometric identifiers will be shared with the identification-managing agency for update on the identification database.

2. Information on the identification database shall be shared as follows:

a) Information on the identification database may be shared with the national population database and the specialized database managed by the Ministry of Public Security to serve management of population and identification, and prevention and control of crimes;

b) Sharing information on the identification database with a database other than those specified in Point a of this Clause shall comply with the Government’s regulations.

3. Information on the identification database shall be extracted as follows:

a) State agencies, political organizations, and socio-political organizations are entitled to extract information on the identification database to perform their functions and tasks by sharing information specified in Clause 2 this Article or sending written information requests to the identification-managing agency;

b) Individuals are entitled to extract their information on the identification database by sending written information requests to the identification-managing agency;

c) Organizations and individuals other than those specified in Point a and Point b of this Clause shall send written information requests to the identification-managing agency and obtain consent from the agency and owners of personal information when extracting it on the identification database.  In case of extraction of information of incapacitated persons, persons with limited recognition and behavioral control as specified in Civil Code, persons under 14 years of age, and persons declared missing or dead, the consent from the identification-managing agency and one of the legal representatives or heirs shall be granted according to regulations in Point d of this Clause.

d) Incapacitated persons, persons having limited recognition or behavioral control as specified in Civil Code and persons under 14 years of age may extract their information via their legal representatives.

The extraction of information of persons declared missing shall be decided by their legal representatives.

The extraction of information of persons declared dead shall be decided by their heirs.

4. The head of the identification-managing agency of the Ministry of Public Security has authority to give permission for extraction of information on the identification database.

5. The Government shall elaborate Clause 1 and Clause 3 of this Article.

Article 17. Responsibilities of relevant agencies, organizations and individuals for sharing, providing, updating and adjusting information and documents on the identification database.

1. Agencies, organizations and individuals shall:

a) Fully, accurately, and promptly share and provide information and documents according to regulations of this Law;

b) Promptly notify information and documents on identification of citizens upon occurrence of any change or inaccuracy to the identification-managing agency.

c) If the criminal proceedings agency or the supervisory agency of persons against whom administrative measures are taken has information about biometric identifiers, including ADN and voices, of any citizen, it shall transfer them to the identification-managing agency for update and adjustment.

2. Persons assigned to update and adjust information and documents shall:

a) Check information and documents on citizens; and regularly monitor, update and adjust information;

b) Preserve and keep relevant information and documents confidential; refrain from altering, erasing or damaging documents, and be responsible for the accuracy and sufficiency of updated and adjusted information.

3. The head of the identification-managing agency shall:

a) Organize management of collection, update, adjustment and storage of information and documents;

b) Check and take responsibility for information and documents already updated, adjusted and stored.

Chapter III

IDENTITY CARDS AND CERTIFICATES

Article 18. Contents stated in ID cards

1. Each ID card has information printed on it and a place for storing encrypted information.

2. Information printed on an ID card includes:

a) A national emblem of the Socialist Republic of Vietnam;

b) A phrase “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (THE SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness);

c) A phrase “CĂN CƯỚC” (IDENTIFICATION);

d) Portrait photo;

dd) Personal identification number;

e) Family name, middle name and first name;

g) Date of birth;

h) Gender;

i) Place of birth registration. 

k) Nationality;

l) Place of residence;

m) Date of issuance; date of expiry;

n) Issuing body: the Ministry of Public Security.

3. Information encrypted and stored in the storage place on an ID card includes a portrait photo, fingerprints, iris of a citizen and pieces of information specified in Clause 1 through Clause 18 Article 9, Clause 2 Article 15 and Clause 2 Article 22 of this Law.

4. The Minister of Public Security shall provide for specifications, other languages, form, size and material of ID cards; encryption of information stored on ID cards; information displayed on ID cards about places of residence and cases of failure to collect or fully collect information specified in Clause 2 and Clause 3 of this Article.  

Article 19. Persons eligible for issuance of ID cards

1. Persons eligible for issuance of ID cards are Vietnamese citizens.

2. Vietnamese citizens from 14 years of age shall carry out procedures for issuance of ID cards.

3. Vietnamese citizens under 14 years of age will be issued with ID cards if they have demands.

Article 20. Uses of ID cards

1. An ID card is used to prove identification and other information integrated into the card of a card holder for performance of administrative procedures, public services, transactions and other activities in the Vietnamese territory.

2. ID cards may be used instead of entry and exit documents in case Vietnam and a foreign country have signed a treaty or international agreement permitting citizens of the signatories to use their ID cards instead of entry and exit documents in each other’s territory.

3. Agencies, organizations and individuals use ID cards or personal identification numbers to inspect information of card holders on the national population database, the national database and the specialized database according to regulations of law.

In case a card holder must present his/her ID card at the request of the competent agency, organization or individual, such agency/organization/individual must not request the card holder to present another document or provide information printed and integrated into the ID card; in case of any change to information on the ID card, the card holder must provide other legal documents proving the changed information.

4. The State shall protect legitimate rights and interests of holders of ID cards in accordance with regulations of law.

Article 21. Age eligible for replacement of ID cards

1. A Vietnamese citizen issued with an ID card shall carry out procedures for replacement of the card when he/she reaches from 14 years of age, 25 years of age, 40 years of age and 60 years of age.

2. An ID card which is issued, replaced or re-issued within 2 years before a citizen reaches the age specified in Clause 1 of this Article shall remain valid until he/she reaches the subsequent age eligible for card replacement.

Article 22. Integrating information into ID cards, and using and extracting integrated information

1. Integration of information into an ID card means an act of adding pieces of information different from the identification information and the encrypted information to the storage place of such ID card.  The information shall be integrated at the request of citizens and verified via the national database and specialized database.

2. Information integrated into an ID card of a citizen consists of information of his/her health insurance card, social insurance book, driver's license, birth certificate, marriage certificate or another document decided by the Prime Minister, except for information on documents issued by the Ministry of National Defense.

3. Information integrated into an ID card has the same validity as that of information provided or document containing such information when carrying out administrative procedures, public services, transactions and other activities.

4. A citizen may request integration of information into his/her ID card when he/she has demand or conducts procedures for issuance, replacement or re-issuance of the ID card.

5. Extraction of information integrated and encrypted on an ID card is regulated as follows:

a) Using dedicated devices to extract information encrypted and integrated into a storage place of the ID card;

b) Using information on the ID card via dedicated devices to retrieve and extract the integrated information through the national population database and the electronic identification and authentication system.

c) State agencies, political organizations, and socio-political organizations are entitled to extract information encrypted and integrated into ID cards to perform their functions and tasks which have been assigned.

d) Organizations and individuals may extract information encrypted and integrated into ID cards of citizens if they obtain consent from such citizens.

6. The Government shall elaborate this Article; procedures for update and adjustment to information on ID cards.

Article 23. Procedures for issuance of ID cards

1. Procedures for issuance of an ID card to a Vietnamese citizen from 14 years of age shall be carried out as follows:

a) A recipient shall inspect and compare information of a person to be issued with an ID card from/to the national population database, the national database, and the specialized database in order to ensure the accuracy of information of such person; in case information of a person to be issued with an ID card on the national population database is unavailable, procedures for adjustment and update of information on the national population database shall be carried out according to regulations in Clauses 1,2 and 3 Article 10 of this Law;

b) The recipient shall collect information about identity and biometric identifiers, including portrait photo, fingerprints and iris of each person to be issued with an ID card;

c) Each person to be issued with an ID card shall conduct inspection and signature on an ID information collection form;

d) The recipient shall issue a receipt stating the date of handover of the identity card to the citizen;

dd) The ID card shall be handed to the citizen at the place stated in the receipt; in case a citizen wishes to receive his/ her card at another place, the identification-managing agency shall hand the card to him/her at the place as requested by the citizen and he/she shall pay fees for delivery services.

2. A person under 14 years of age or his/her legal representative may request the identification-managing agency to issue an ID card.  Procedures for issuance of an ID card to a person under 14 years of age shall be carried out as follows:

a) The legal representative of a person under 06 years of age shall follow procedures for issuance of an ID card to such person via the public service portal or the national identification application.  If procedures for obtaining birth registration for a person under 06 years of age have yet to be conducted, his/her legal representative shall follow procedures for issuance of an ID card by those interconnected with birth registration on the public service portal, the national identification application or in person at the identification-managing agency.  The identification-managing agency does not collect and receive information about identity and biometric identifiers of persons under 06 years of age;

b) Persons from 06 to under 14 years of age accompanying their legal representatives shall come to the identification-managing agency to provide information about identity and biometric identifiers according to regulations in Point b Clause 1 of this Article.

The legal representative of a person from 06 to under 14 years of ages shall follow procedures for issuance of an ID card instead of that person.

3. Legal representatives of incapacitated persons and persons with limited recognition and behavioral control shall be appointed to assist such persons to follow procedures specified in Clause 1 of this Article.

4. In case refusal to issue ID cards, the identification-managing agency shall provide explanation in writing and clearly state reasons.

5. The Government shall elaborate this Article.

Article 24. Cases of replacement and re-issuance of identity cards

1. An ID card is replaced in the following cases:

a) Cases specified in Clause 1 Article 21 of this Law.

b) Information about family name, middle name, first name and date of birth is changed or corrected;

c) Identity information is changed; information about portrait photo and fingerprints is added; gender re-assignment or transition is carried out according to regulations of law;

d) There is incorrect information on the identity card;

dd) The card holder makes request when information on the ID card is changed due to arrangement of administrative units;

e) Personal identification number is reset up;

g) The card holder makes request.

2. An ID card is re-issued in the following cases:

a) It is lost or damaged and unused, except for cases specified in Article 21 of this Law;

b) The card holder has Vietnamese nationality restored under the Law on Vietnamese Nationality.

Article 25. Procedures for replacement and re-issuance of identity cards

1. Procedures for re-issuance of ID cards for cases specified in Point b Clause 2 Article 24 of this Law and replacement of ID cards shall comply with regulations in Article 23 of this Law.

2. If an ID card is replaced in case of gender re-assignment or transition or change or correction of information specified in Point b Clause 1 Article 24 of this Law but such information has not yet been updated and adjusted on the national population database, a person to be issued with a new ID card shall present legal documents proving the changed information to carry out procedures for adjustment and update on the national population database.

3. The identification-managing agency shall revoke citizen ID cards and ID cards which have been used in cases of replacement of ID cards.

4. With regard to the case specified in Point a, Clause 2 Article 24 of this Law, an ID card shall be re-issued online on the public service portal, the national identification application or in person at the place of implementation of ID card issuance procedures.  The identification-managing agency shall use the most recently collected information about portrait photos, fingerprints and irides and existing information on the national population database and the identification database to re-issue ID cards.  

5. The Government shall elaborate this Article.

Article 26. Time limit for issuance, replacement and re-issuance of identity cards

Within 07 working days from the date of receipt of the complete application according to regulations of this Law, the identification-managing agency shall issue, replace or re-issue an ID card.

Article 27. Places where ID cards are issued, replaced or re-issued

1. Identification-managing agencies of police authorities of districts, urban districts, district-level towns, cities of provinces, cities of central-affiliated cities or identification-managing agencies of police authorities of provinces or central-affiliated cities where citizens are residing.

2. ID cards shall be issued, replaced or re-issued at the identification-managing agency of the Ministry of Public Security in cases where the head of the identification-managing agency decides issuance, replacement or re-issuance of ID cards.

3. If necessary, identification-managing agencies specified in Clause 1 and Clause 2 of this Article shall organize implementation of procedures for issuance of ID cards at communes, wards, district-level towns, agencies, units or places of residence of citizens.

Article 28. Authority to issue, replace and re-issue ID cards

The head of the identification-managing agency of the Ministry of Public Security has authority to issue, replace and re-issue ID cards.

Article 29. Revocation and seizure of ID cards

1. An ID card shall be revoked in the following cases:

a) Denaturalization or renunciation or annulment of the decision on naturalization of Vietnamese nationality;

b) Issuance of the ID card in violation of laws;

c) Erasure or correction of information on the ID card.

2. An ID card shall be seized in the following cases:

a) A person is serving the judicial measure of education in a reformatory; a person is serving a decision to impose an administrative handling measure for sending him/her to a reformatory, a compulsory educational institution or a compulsory detoxification establishment;

b) A person is in custody or temporary detention, or is serving an imprisonment sentence.

3. In the period of seizure of an ID card, the card-seizing agency may consider giving permission for a citizen to use his/her card to carry out transactions and exercise his/her legitimate rights and interests.

4. A person whose ID card is seized according to Clause 2 of this Article may have his/her ID card returned upon the expiration of the custody or temporary detention period or when there is a decision on cancellation of custody or temporary detention; or after having completely served the imprisonment sentence, or the judicial measure of education in a reformatory or the decision to impose an administrative handling measure for sending him/her to a reformatory, a compulsory educational institution or a compulsory detoxification establishment.

5. Authority to revoke or seize ID cards is regulated as follows:

a) The identification-managing agency shall revoke ID cards in cases specified in Clause 1 of this Article;

b) The agency receiving documents and returning results when carrying out procedures for denaturalization or renunciation or annulment of the decision on naturalization of Vietnamese nationality shall be responsible for revoking ID cards of citizens for cancellation and notifying the identification-managing agency;

c) The agency executing the decision on custody or temporary detention; the agency executing imprisonment sentence; the agency executing the judicial measure of education in a reformatory; or the agency executing the decision to impose an administrative handling measure for sending a citizen to a reformatory, a compulsory educational institution or a compulsory detoxification establishment shall seize the citizen’s ID card in any case specified in Clause 2 of this Article.

6. The Government shall elaborate Clause 2 of this Article; and procedures for revoking, seizing, and returning ID cards.

Article 30. Identity certificates and identification management with regard to Vietnamese residents of undetermined nationality issued with identity certificates

1. An ID certificate is issued to a Vietnamese resident of undetermined nationality who is residing for 06 months or longer in a commune-level or district-level administrative unit where the commune-level administrative unit is unavailable.

2. Management of identification of a Vietnamese resident of undetermined nationality issued with an ID certificate includes the following contents:

a) Collecting information about identification of the Vietnamese resident of undetermined nationality;

b) Updating, adjusting, extracting, and using information about identification of the Vietnamese resident of undetermined nationality on the national population database and the identification database;

c) Setting up a personal identification number for the Vietnamese resident of undetermined nationality;

d) Issuing, replacing, re-issuing, revoking, seizing, and returning the ID certificate.

3. Information printed on an ID certificate includes:

a) A national emblem of the Socialist Republic of Vietnam;

b) A phrase “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (THE SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness);

c) A phrase “CHỨNG NHẬN CĂN CƯỚC” (IDENTITY CERTIFICATE);

d) Portrait photo, fingerprints;

dd) Personal identification number;

e) Family name, middle name and first name;

g) Date of birth;

h) Gender;  

i) Place of birth;  

k) Place of origin;  

l) Ethnic group; 

m) Religion;

n) Marital status.

o) Current place of residence;

p) Family name, middle name and first name, nationality of parents, spouses, legal representative, guardian, and ward;

q) Date of issuance; issuing body; 

r) Date of expiry.

4. Procedures for issuing, replacing and re-issuing ID certificates shall be carried out at the following agencies.

a) Identification-managing agencies of police authorities of districts, urban districts, district-level towns, cities of provinces, cities of central-affiliated cities or identification-managing agencies of police authorities of provinces, or central-affiliated cities where Vietnamese residents of undetermined nationality are residing;

b) If necessary, identification-managing agencies specified in Point a of this Clause shall organize implementation of procedures for issuance of ID certificates at communes, wards, district-level towns, agencies, units or places of residence of Vietnamese residents of undetermined nationality.

5.  Uses of an ID certificate are regulated as follows:

a) An ID certificate is used to prove identification for performance of transactions and exercise of legitimate rights and interests in the Vietnamese territory

b) Agencies, organizations and individuals may use personal identification numbers on ID certificates to inspect information about the certificate holders on the national population database, the national database and the specialized database in accordance with law.

In case a Vietnamese resident of undetermined nationality must present his/her ID certificate at the request of the competent agency, organization or individual, such agency/organization/individual must not request him/her to present another document or provide information certified on the ID certificate, except for case where information about the person is changed or information on the ID certificate is not consistent with that on the national population database;

c) The State shall protect legitimate rights and interests of holders of ID certificates in accordance with law.

6. The Government shall elaborate Clause 2 of this Article; authority and procedures for issuing, replacing, re-issuing, revoking, seizing, and returning ID certificates and their date of expiry.  The Minister of Public Security shall set the form of each ID certificate.

Chapter IV

ISSUANCE AND MANAGEMENT OF ELECTRONIC IDENTIFICATION

Article 31. Electronic identification

1. Each Vietnamese citizen is issued with 01 electronic identification.

2. E-identification includes e-identity and the following information:

a) Information specified in Clause 6 through Clause 18 and Clause 25 Article 9, Clauses 2 and 4 Article 15 of this Law;

b) Information specified in Clause 2 Article 22 of this Law which is integrated at the request of the citizen and must be certified by the national population database and the specialized database.

3. E-identification is used to conduct administrative procedures, public services, transactions and other activities according to the citizen’s demand.

4. The head of the identification-managing agency of the Ministry of Public Security has authority to issue e-identification.

5. The Government shall provide for procedures for issuing ID certificates.

Article 32. Connecting, sharing, extracting and using information on the electronic identification and authentication system

1. The information system of a State agency, a political organization, a socio-political organization or a public service provider shall be connected with the electronic identification and authentication system to extract information about the e-identity owner, thereby serving online processing of administrative procedures and public services and other state management activities in conformity with its functions and tasks which have been assigned via the electronic identification and authentication platform.

2. The State agency, political organization, socio-political organization or public service provider may extract information on the electronic identification and authentication system via the national identification application, the e-identity web, and ID cards by using devices and software which meet technical requirements according to regulations of the Minister of Public Security.

3. An e-identity owner may extract and share his/her e-identity and other information integrated into his/her e-identification account on the electronic identification and authentication system  with another organization/individual via the national identification application or other forms according to regulations of law.

Article 33. Uses of e-identification

1. E-identification is used to prove identification and other information integrated into an ID card of a citizen issued with e-identification for implementation of administrative procedures, public services, transactions and other activities according to the citizen’s demand.

2. During processing of administrative procedures and public services and implementation of transactions and other activities, if it is detected that information printed on an ID card or information encrypted and stored on the storage place of the ID card is different from that on e-identification, the agency/organization/individual shall use information on the e-identification.

Article 34. Locking and unlocking e-identification

1. E-identification shall be locked in the following cases:

a) The person issued with e-identification wishes to lock it;

b) The person issued with e-identification violates an agreement on use of the national identification application;

c) The person issued with e-identification has his/her ID card revoked or seized;

d) The person issued with e-identification is dead;

dd) There is any request from the criminal proceedings agency or another competent agency.

2. E-identification shall be unlocked in the following cases:

a) The person issued with e-identification specified in Point a Clause 1 of this Article wishes to unlock it;

b) The person issued with e-identification specified in Point b Clause 1 of this Article has completely implemented remedial measures for violations against the agreement on use of the national identification application;

c) The person issued with e-identification specified in Point c Clause 1 of this Article has his/her ID card returned;

d) There is any request from the criminal proceedings agency or another competent agency specified Point dd Clause 1 of this Article.

3. When locking e-identification in cases specified in Points a,b,c and dd Clause 1 of this Article, the identification-managing agency shall notify the person whose e-identification is locked.

4. The head of the identification-managing agency of the Ministry of Public Security has authority to lock and unlock e-identification.

5. The Government shall provide for procedures for locking and unlocking e-identification.

Chapter V

SATISFACTION OF CONDITIONS FOR MANAGEMENT OF IDENTIFICATION, NATIONAL POPULATION DATABASE, IDENTIFICATION DATABASE, AND ELECTRONIC IDENTIFICATION AND AUTHENTICATION SYSTEM

Article 35. Assurance of information infrastructure of the national population database, identification database, and electronic identification and authentication system

1. Information infrastructure of the national population database and the identification database shall be developed in a qualified, synchronous, accurate and prompt manner; and built and managed in a centralized and unified manner from central to local levels.

2. The State shall ensure that information infrastructure of the national population database, the identification database or the electronic identification and authentication system meets requirements for national defense and security and socio-economic development.

Article 36. Persons managing identification

1. Persons managing identification include managers; persons assigned to collect, update, adjust, store information and documents on the national population database and the identification database; and persons carrying out procedures for issuance, replacement and re-issuance of ID cards/certificates, and procedures for issuing, locking and unlocking e-identification; persons carrying out e-identification process for each Vietnamese citizen and e-authentication process for each Vietnamese citizen’s e-identity.

2. Persons managing identification shall be provided with professional training in conformity with their assigned tasks and vested powers.

3. Persons managing identification shall be responsible for safety, security, sufficiency and accuracy of information on identification management.

Article 37. Satisfaction of requirements for funding and facilities which serve management of identification, national population database, identification database, and electronic identification and authentication system

1. The State shall allocate funding and provide facilities to serve management of identification, national population database and identification database, and establishment, management and operation of the electronic identification and authentication system.

2. The State shall prioritize investment in infrastructure, human resources and technology for the establishment and management of the national population database.

3. The State shall encourage domestic and foreign organizations and individuals to finance and support the establishment and management of the national population database and the identification database; and facilitate application of integrated software, devices and methods that are products of scientific and technological tasks, researched, designed and created by Vietnamese organizations, enterprises and citizens to establishment, management and operation of the national population database, the identification database and the electronic identification and authentication system.

Article 38. Fees for extraction and use of information on the national population database and charges for issuance, replacement and re-issuance of ID cards/certificates

1. When extracting or using information on the national population database, organizations and individuals specified in Clause 8 Article 10 of this Law shall pay fees and charges.

2. Citizens are not required to pay fees for initial issuance of ID cards.

3. Citizens shall pay charges for replacement and re-issuance of ID cards, except for the following cases:

a) Replacement of ID cards under Point a and Point dd Clause 1 Article 24 of this Law.

b) Incorrect information on ID cards due to faults of the identification-managing agency.

4. It is not required to collect charges for issuance, replacement and re-issuance of ID certificates to Vietnamese residents of undetermined nationality.

Article 39. Protection of the national population database and the identification database

1. The identification-managing agency shall:

a) Apply information technology to input, process and output information about population and identification, ensuring data safety in accordance with principles and formats of database administration systems;

b) Ensure the safety of equipment for the collection, storage, transmission, processing and exchange of information about population and identification;

c) Protect personal data, and the security of information about population and identification in computer networks; ensure the safety of information stored in the database; prevent and control acts of illegally accessing and using or damaging the national population database and the identification database;

2. The national population database and the identification database shall be stored in servers with the application of measures to prevent illegal accession through a security system of the database administration system and network operating system.

Chapter VI

STATE MANAGEMENT OF IDENTIFICATION, NATIONAL POPULATION DATABASE, IDENTIFICATION DATABASE, ELECTRONIC IDENTIFICATION AND AUTHENTICATION SYSTEM

Article 40. State management responsibilities for identification, national population database, identification database, electronic identification and authentication system

1. The Government shall perform the unified state management of identification, the national population database, the identification database, and the electronic identification and authentication system.

2. The Ministry of Public Security shall play the leading role in assisting the Government to perform the state management of identification, the national population database, the identification database and the electronic identification and authentication system.

Article 41. Responsibilities of the Ministry of Public Security

1. Promulgate according to its competence or request competent agencies to promulgate legal documents on identification, the national population database, the identification database and the electronic identification and authentication system. 

2. Organize dissemination and education about laws and execution of legal documents on identification, the national population database, the identification database and the electronic identification and authentication system.

3. Request competent authorities to terminate or annul execution of or annul, according to its competence, legal documents on identification, the national population database, the identification database and the electronic identification and authentication system of agencies/organizations/individuals in violation of this Law.

4. Make regulations on establishment, cancellation, and re-establishment of personal identification numbers and submit them to the Government; issue and manage electronic identification and authentication accounts; back up and restore the national population database and the identification database.

5. Issue forms used for management of identification, the national population database, the identification database and the electronic identification and authentication system; regulations on management of identification archives; and regulations on agreement on use of the national identification application.

6. Organize production, issuance and management of ID cards and certificates, and apply techniques to security and prevention and control of counterfeiting of ID cards and certificates; adequately provide facilities, equipment, and technology to produce ID cards and certificates.

7. Build, manage, protect, and operate the electronic identification and authentication system; apply electronic identification accounts to state management, administrative reform, and prevention and control of natural disasters and epidemics.

8. Organize construction, management and operation of the electronic identification and authentication platform; preside over and cooperate with ministries, ministerial agencies, and governmental agencies in interconnecting national and specialized databases in order to serve the integration of information and issuance of e-identification accounts.

9. Connect and integrate the electronic identification and authentication system with the electronic identification and authentication platform of the public service portal so as to handle administrative procedures and provide public services by electronic means in accordance with the law.

10. Manage the national population database, identification database, electronic identification and authentication system; give direction and professional guidance on management of the identification, national population database, identification database, electronic identification and authentication system.

11.  Equip facilities and provide training courses for persons managing identification.

12. Make statistics of identification, the national population database, the identification database and the identification and authentication system.

13. Examine, inspect, settle complaints and denunciations, and handle violations related to management of identification, the national population database, the identification database, and the identification and authentication system in accordance with law. 

14. Make international cooperation in management of identification, the national population database, the identification database and the identification and authentication system.

Article 42. Responsibilities of ministries, ministerial agencies and governmental agencies

1. Ministries, ministerial agencies and governmental agencies, within their tasks and powers, shall:

a) Cooperate with the Ministry of Public Security and provincial People’s Committees in performing the state management and providing mechanisms and policies on development and application of identification, the national population database, the identification database and the identification and authentication system;

b) Cooperate with the Ministry of Public Security in extracting the national population database and integrating information into ID cards and e-identification.

2. The Ministry of Justice shall organize implementation and provide and share citizens’ civil status information with the national population database.

3. The Ministry of Finance shall preside over and cooperate with the Ministry of Public Security in, requesting competent authorities to allocate regular funding for operation of the national population database, the identification database and the identification and authentication system; and funding for the issuance, replacement and re-issuance of ID cards/certificates according to regulations of the law on state budget and other relevant laws.

4. The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Public Security and the Ministry of Finance in making consolidation and requesting competent authorities to grant public investment capital for development of facilities for operation of the national population database, the identification database, and the identification and authentication system, thereby ensuring production, issuance, replacement, and re-issuance of ID cards and certificates in accordance with regulations of the law on public investment and other relevant laws.

Article 43. Responsibilities of Provincial People’s Committees

1. Implement, or organize the implementation of, legal documents on identification, the national population database, the identification database and the identification and authentication system in their provinces.

2. Organize dissemination and education about the law on identification, the national population database, the identification database and the identification and authentication system in their provinces.

3. Within their tasks and powers, inspect and handle violations against the law on identification, the national population database, the identification database, and the identification and authentication system in accordance with law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44. Amendments to the Law on Investment No. 61/2020/QH14 amended by the Law No. 72/2020/QH14, the Law No. 03/2022/QH15, the Law No. 05/2022/QH15, the Law No. 08/2022/QH15, the Law No. 09/2022/QH15 and the Law No. 20/2023/QH15

The phrase “kinh doanh dịch vụ định danh và xác thực điện tử” (electronic identification and authentication services) is replaced by the phrase “kinh doanh dịch vụ xác thực điện tử” (electronic authentication services) in Point 131 Appendix IV - List of conditional business lines issued together with the Law on Investment No. 61/2020/QH14 amended by the Law No. 72/2020/QH14, the Law No. 03/2022/QH15, the Law No. 05/2022/QH15, the Law No. 08/2022/QH15, the Law No. 09/2022/QH15 and the Law No. 20/2023/QH15.

Article 45. Entry into force

1. This Law comes into force from July 01, 2024, except for the case specified in Clause 2 of this Article.

2. Regulations in Clause 3 Article 46 of this Law come into force from January 15, 2024.

3. The Law on Citizen Identification No. 59/2014/QH13 amended by the Law No. 68/2020/QH14 ceases to be effective from the effective date of this Law.

Article 46. Transitional provisions

1. Citizen ID cards issued before the effective date hereof shall be valid until the expiry date specified in such cards, except for the case specified in Clause 3 of this Article.  The citizen ID cards will be replaced by ID cards at the request of citizens.

2. 9-digit ID cards with expiration dates after December 31, 2024 are only valid until the end of December 31, 2024. Issued legal documents which contain information of 9-digit ID cards and citizen ID cards shall remain valid; state agencies must not request citizens to change or adjust information of their 9-digit ID cards or citizen ID cards on the issued documents.

3. 9-digit ID cards and citizen ID cards that expire from January 15, 2024 to before June 30, 2024 may remain valid until the end of June 30, 2024.

4. Regulations on use of 9-digit ID cards and citizen ID cards in legal documents issued before the effective date of this Law may be applied to ID cards specified in this Law until they are amended or replaced.

This Law is approved in the 6^th session of the 15^th National Assembly of the Socialist Republic of Vietnam in November 27, 2023.

 

Epas: 180408

CHAIRMAN OF NATIONAL ASSEMBLY Vuong Dinh Hue