Chương III Luật Căn cước 2023: Thẻ căn cước, giấy chứng nhận căn cước

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.