Chương I Luật Căn cước công dân 2014 : Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides citizen identification, the citizen identification database and the national population database; management and use of citizen identity cards; and rights, obligations and responsibilities of related agencies, organizations and individuals.

Article 2. Subjects of application

This Law applies to Vietnamese citizens as well as related agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. Citizen identification means basic information about the origin and identity of a citizen in accordance with this Law.

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

3. Citizen identification archives means a system of dossiers and documents on citizen identification which are managed, classified and arranged in a certain order to serve information search and exploitation.

4. National population database means a collection of basic information about all Vietnamese citizens, which is standardized, digitalized, stored and managed in an information infrastructure to serve state management work and transactions among agencies, organizations and individuals.

5. Citizen identification database means a specialized database collecting information about Vietnamese citizen identification, which is digitalized, stored and managed in an information infrastructure, and constitutes part of the national population database.

6. Specialized database means a collection of information about one or several certain management field(s) of a ministry or sector, which is digitalized, stored and managed in an information infrastructure and connected to the national population database.

7. Information infrastructure of the national population database and citizen identification database means a system of equipment serving the production, collection, processing, storage, transmission and exchange of digital information about population and citizen identification, including telecommunications networks, the Internet, computer networks and databases.

8. Citizen identification management agency means a specialized agency of the People’s Public Security performing the management of citizen identification, the national population database and the citizen identification database.

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

1. Compliance with the Constitution and law; guarantee of human rights and citizens’ rights.

2. Assurance of publicity and transparency in management and convenience for citizens.

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

Article 5. Citizens’ rights and obligations with respect to citizen identification, the national population database and the citizen identification database

1. Citizens have the following rights:

a/ To have their personal and family secrets kept confidential in the national population database and the citizen identification database, except cases subject to provision of information and documents as prescribed by law;

b/ To request citizen identification management agencies to update their information that is not yet available, or modify inaccurate information or information that has been changed, in the national population database and the citizen identification database or their citizen identity cards in accordance with law;

c/ To have their citizen identity cards granted, renewed and re-granted in accordance with this Law;

d/ To use their citizen identity cards for transactions and exercise of citizens’ lawful rights and interests;

dd/ To lodge complaints or denunciations about or initiate lawsuits against violations of the law on citizen identification, the national population database and the citizen identification database in accordance with law.

2. Citizens have the following obligations:

a/ To comply with this Law and other relevant laws;

b/ To carry out the procedures for grant,-renewal and re-grant of citizen identity cards in accordance with this Law;

c/ To fully, accurately and promptly provide their personal information and documents for update in the national population database and the citizen identification database in accordance with this Law and other relevant laws;

d/ To produce their citizen identity cards for checking upon request of competent persons in accordance with law;

dd/ To preserve their granted citizen identity cards; to promptly notify the citizen identification management agency of the loss of their cards;

e/ To return their citizen identity cards to competent agencies in case of renewal, revocation or temporary seizure of such cards as prescribed in Articles 23 and 28 of this Law.

3. A person who suffers any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts shall, through his/her lawful representative, exercise rights and perform obligations prescribed in this Article.

Article 6. Responsibilities of citizen identification management agencies

1. To accurately collect and update citizen’s information.

2. To promptly modify citizen’s information when having grounds to believe that such information is inaccurate or changed.

3. To post up and guide administrative procedures on citizen identification, the national population database and the citizen identification database related to agencies, organizations and individuals in accordance with this Law.

4. To ensure information safety and confidentiality in the national population database and the citizen identification database.

5. To fully, promptly and accurately provide information and documents about citizens upon request of agencies, organizations or individuals in accordance with law.

6. To grant, renew and re-grant citizen identity cards in accordance with this Law.

7. To settle complaints and denunciations and handle violations in accordance with law.

Article 7. Prohibited acts

1. Hindering the implementation of this Law.

2. Granting, renewing or re-granting citizen identity cards in violation of law.

3. Causing harassment or troubles when settling procedures about citizen identification, the national population database and the citizen identification database.

4. Falsifying books and dossiers about citizens, the national population database and the citizen identification database; failing to provide or insufficiently or illegally providing information and documents on citizen identification, the national population database and the citizen identification database; abusing citizen’s information specified in this Law to cause damage to agencies, organizations or individuals.

5. Revealing information secrets in the national population database and the citizen identification database.

6. Collecting and using charges and fees in violation of law.

7. Forging, modifying and falsifying contents of citizen identity cards; appropriating or illegally using citizen identity cards of other persons; renting, leasing, boưowing, lending, mortgaging, receiving as mortgage or destroying citizen identity cards; or using forged citizen identity cards.

8. Illegally accessing, modifying, deleting, canceling or dispersing information in the national population database and the citizen identification database.

9. Revoking or temporarily seizing citizen identity cards in violation of law.