Chương III Luật Căn cước công dân 2014 : Thẻ căn cước công dân và quản lý thẻ căn cước công dân

Chapter III

CITIZEN IDENTITY CARDS AND MANAGEMENT OF CITIZEN IDENTITY CARDS

Section 1. CITIZEN IDENTITY CARDS

Article 18. Contents stated in citizen identity cards

1. A citizen identity card has the following information:

a/ On the front side of a card, there are the national emblem of the Socialist Republic of Vietnam; the words “Cong hoa xa hoi chu nghia Viet Nam, Doc lap - Tu do - Hanh phuc” (The Socialist Republic of Vietnam, Independence - Freedom - Happiness); the words “Can cuoc cong dan” (Citizen identification); photo, citizen identity card number, family name, middle name and first name, birthdate, gender, nationality, native place, place of permanent residence; and expiry date.

b/ On the back side of a card, there is an encoded place for information storage; fingerprints, characteristics for identification of the card holder; date of card issuance; family name, middle name, first name, title and signature of the card issuer, and a seal bearing the national emblem of the card-issuing agency.

2. The Minister of Public Security shall specify the specifications, other languages, form, size and material of citizen identity cards.

Article 19. Persons eligible for grant of citizen identity cards and citizen identity card number

1. Vietnamese citizens aged full 14 years or older are eligible for grant of citizen’s' identity cards.

2. The citizen identity card number is the personal identification number.

Article 20. Use validity of citizen identity cards

1. Citizen identity card is a personal paper of a Vietnamese citizen which proves citizen identification of the card holder for conducting transactions in the Vietnamese territory.

2. Citizen identity cards shall be used instead of passports in case Vietnam and a foreign country have signed a treaty or international agreement permitting citizens of the signatories to use citizen identity cards instead of passports in each other’s territory

3. Competent agencies, organizations and individuals may request a citizen to produce his/her citizen identity cards for checking identification and information specified in Article 18 of this Law; use personal identification numbers in citizen identity cards for checking information about the card holders in the national population database and specialized databases in accordance with law.

When a citizen produces his/her citizen identity card at the request of a competent agency, organization or individual, this agency, organization or individual may not request the citizen to produce another paper to prove the information specified in Clauses 1 and 3 of this Article.

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

Article 21. Age eligible for renewal of citizen identity cards

1. A citizen identity card must be renewed when a citizen reaches full 25 years, full 40 years and full 60 years.

2. Citizen identity cards which are granted, renewed or re-granted within 2 years before a citizen reaches the age specified in Clause 1 of this Article remain to be valid until he/she reaches the subsequent age eligible for card renewal.

Section 2. GRANT, RENEWAL, RE-GRANT, REVOCATION AND TEMPORARY SEIZURE OF CITIZEN IDENTITY CARDS

Article 22. Order and procedures for grant of citizen identity cards

1. The order and procedures for grant of a citizen identity card are provided as follows:

a/ An applicant for a citizen identity card fills in a declaration made according to a set form;

b/ A person assigned to collect and update information and documents specified in Clause 2, Article 13 of this Law checks and compares them with information in the national population database in order to accurately identify the to-be-holder of a citizen identity card; a citizen who has no information in the national population database shall produce lawful papers proving information to be written in the declaration according to a set form.

Persons serving in the People’s Army or People’s Public Security shall produce their identity cards granted by the People’s Army or People’s Public Security, enclosed with introduction letters of heads of their units;

c/ An officer of the citizen identification management agency shall take photos and fingerprints of the applicant;

d/ An officer of the citizen identification management agency shall issue a receipt stating the date of handover of the citizen identity card to the applicant;

dd/ Citizen identity cards shall be handed to citizens within the time limit and at the place stated in the receipt under Article 26 of this Law; in case a citizen wishes to receive his/ her card at another place, the citizen identification management agency shall hand the card to him/her at the place requested by the citizen who shall pay mail charges.

2. For a person who suffers any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts, his/her lawful representative shall appear together with him/her to carry out the procedures specified in Clause 1 of this Article.

Article 23. Cases of renewal or re-grant of citizen identity cards

1. A citizen identity card shall be renewed in the following cases:

a/ The cases specified in Clause 1, Article 21 of this Law;

b/ The card is damaged and unusable;

c/ Change of family name, middle name, first name and characteristics for identification of the card holder;

d/ Gender re-assignment or native place re-determination;

dd/ There is incorrect information in the citizen identity card;

e/ Upon request of the card holder.

2. A citizen identity card shall be re-granted in the following cases:

a/ It is lost;

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

Article 24. Order and procedures for renewal or re-grant of citizen identity cards

1. The procedures specified in Clause 1, Article 22 of this Law.

2. In case of renewal of a citizen identity card as a result of change of information specified at Point c, d or dd, Clause 1, Article 23 of this Law while such change has not yet been updated in the national population database, the citizen shall submit a copy of the competent agency’s document proving the change.

3. Used citizen identity cards shall be revoked for the cases specified in Clause 1, Article 23 of this Law.

Article 25. Time limit for grant, renewal or re-grant of citizen identity cards

From the date of receiving a complete dossier as prescribed in this Law, a citizen identification management agency shall grant, renew or re-grant a citizen identity card for a citizen within:

1. Seven working days, in cities or towns, in case of grant and renewal; or 15 working days, in case of re-grant;

2. Twenty working days, in highland mountainous, border and island districts for all cases;

3. Fifteen working days, in remaining areas for all cases;

4. Based on the roadmap for administrative reform, the Minister of Public Security shall stipulate the shortening of the time limit for grant, renewal and re-grant of citizen identity cards.

Article 26. Places for carrying out procedures for grant, renewal and re-grant of citizen identity cards

Citizens may choose any of the following places for carrying out procedures for grant, renewal or re-grant of citizen identity cards:

1. The citizen identification management agency of the Ministry of Public Security;

2. Citizen identification management agencies of Public Security Departments of provinces and centrally run cities;

3. Citizen identification management agencies of Public Security Divisions of rural districts, urban districts, towns and provincial cities or equivalent administrative units;

4. When necessary, competent citizen identification management agencies shall carry out procedures for the grant of citizen identity cards at communes, wards, townships, agencies, units or citizens’ places of residence.

Article 27. Competence to grant, renew and re-grant of citizen identity cards

The head of the citizen identification management agency of the Ministry of Public Security may grant, renew and re-grant citizen identity cards.

Article 28. Revocation and temporary seizure of citizen identity cards

1. A citizen identity card shall be revoked in case of deprivation or renunciation of Vietnamese nationality or annulment of the decision on naturalization in Vietnam.

2. A citizen identity card shall be temporarily seized in the following cases:

a/ A person serving a decision to send him/her to a reformatory, a compulsory educational institution or a compulsory detoxication establishment;

b/ A person being in custody or temporary detention, or serving an imprisonment sentence.

3. In the period of temporary seizure of his/her citizen identity card, a citizen may be allowed by the card-seizing agency to use this card for conducting transactions in accordance with law.

Upon the expiration of the custody or temporary detention period, or after having served the imprisonment sentence or decision to send him/her to the reformatory, compulsory educational institution or compulsory detoxication establishment, a citizen may have his/her citizen identity card returned.

4. Competence to revoke and temporarily seize citizen identity cards:

a/ Competent citizen identification management agencies may revoke citizen identity cards in the case specified in Clause 1 of this Article;

b/ Agencies executing custody or temporary detention warrants, agencies executing imprisonment sentences or decisions to send citizens to reformatories, compulsory educational institutions or compulsory detoxication establishments may temporarily seize citizen identity cards in the cases specified in Clause 2 of this Article.