Thông tư 07/2016/TT-BCA Quy định chi tiết một số điều của Luật căn cước công dân và Nghị định 137/2015/NĐ-CP quy định chi tiết một số điều và biện pháp thi hành Luật căn cước công dân do Bộ trưởng Bộ Công an ban hành

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF LAW ON CITIZEN IDENTIFICATION AND DECREE NO. 137/2015/ND-CP DATED DECEMBER 31, 2015 DETAILING A NUMBER OF ARTICLES OF, AND PROVIDING MEASURES FOR IMPLEMENTING, THE LAW ON CITIZEN IDENTIFICATION

Pursuant to the Law on Citizen Identification dated November 20, 2014;

Pursuant to the Decree No. 137/2015/ND-CP dated December 31, 2015 detailing a number of articles of, and providing measures for implementing, the Law on Citizen Identification;

Pursuant to the Decree No. 106/2014/ND-CP dated November 17, 2014 defining functions, tasks, powers and organizational structure of Ministry of Public Security;

At the request of the Director of the General Department of Police;

The Minister of Public Security promulgates the Circular detailing a number of articles of Law on Citizen Identification and Decree No. 137/2015/ND-CP dated December 31, 2015 detailing a number of articles of, and providing measures for implementing, the Law on Citizen Identification.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular details a number of articles of Law on Citizen Identification and Decree No. 137/2015/ND-CP dated December 31, 2015 detailing a number of articles of, and providing measures for implementing, the Law on Citizen Identification (hereinafter referred to as Decree No. 137/2015/ND-CP), on collection, update and modification of the National Population Database’s information; the codes included in the personal identification numbers; collection, update, modification and usage of Citizen Identification Database's information; issuance and management of Citizen Identification Cards and responsibilities of the subordinate and local public security forces.

 Article 2. Regulated entities

1. Officials and units who manage and operate the National Population Database and Citizen Identification Database, manage, issue, replace and reissue Citizen Identification Cards.

2. Local and subordinate public security forces.

3. Other entities, organizations and individuals related to the National Population Database and Citizen Identification Database, management, issuance, replacement and reissuance of Citizen Identification Cards.

Chapter II

COLLECTION, UPDATE AND MODIFICATION OF THE NATIONAL POPULATION DATABASE’S INFORMATION AND, THE CODES INCLUDED IN THE PERSONAL IDENTIFICATION NUMBERS

Article 3. Collection of citizen information

Collection of citizen information shall be carried out under the procedures prescribed by Clause 3, Article 4 of Decree No. 137/2015/ND-CP. In case citizen information are not available in residential records, household archives, citizen identification archives, Residential Database, Citizen Identification Database, Civil Registration Database, specialized database, other national databases, or citizen information available in the aforementioned sources are inconsistent, the collection of citizen information shall be carried out in the following order:

1. The Commune Public Security hands out Population Information Collection forms to every household and instruct them in filling in those forms.

2. Those who receive Population Information Collection forms fill in and sign those forms.

3. The Commune Public Security collects Population Information Collection forms and compares them with residential and civil registration records. In case of citizen information being sufficient and accurate, a neighborhood police officer or beat officer will sign the form and hand it to the Head of Commune Public Security who will sign and stamp that form. In case of citizen information being insufficient or inaccurate, the citizen is required to amend the information and provide legal documents as proof, neighborhood police officer or beat officer will sign the form and hand it to the Head of Commune Public Security who will sign and stamp that form.

4. The Commune Public Security sends the Population Information Collection forms to the District Public Security.

5. The District Public Security checks and sorts the forms:

For the forms that meet the requirements, the District Public Security will have them scanned in order to transfer data to the Department of Registration & Management of Residency and National Population Data, and store those forms in the District Public Security’s household archives.

b) The forms that do not meet the requirements will be returned to the Commune Public Security for collection of additional information. Forms that do not meet the requirements are the forms that lack one of the following information: Family name, middle name and given name; date of birth; gender; place of birth registration; nationality, permanent residence; family name, middle name of given name of parents and head of household; household registration number, citizen's signature; local police officer's signature; Head of Commune Public Security's signature and stamp.

Article 4. Collection of citizen information from permanent residence registration

1. For the District Public Security, the collection of citizen information is carried out as follows:

a) The permanent residence registration official checks the information on citizens who apply for permanent residence. If the citizen information is not available in the National Population Database, the permanent residence registration official will instruct the citizen in filling in the Population Information Collection form and request them to check and sign the form.

If the conditions for permanent residence are fulfilled, the permanent residence registration official checks and signs the Population Information Collection form, then asks the Chief of Administrative Management Police Squad to hand that form to the Head of District Public Security for the latter to sign and stamp the form, add the citizen information to the National Population Database and store that form in the District Public Security’s household archives.

2. For the Public Security of commune or townlet of a provincially-controlled district, the collection of citizen information is carried out as follows:

a) The permanent residence registration official checks the information on citizens who apply for permanent residence. If the citizen information is not available in the National Population Database, the permanent residence registration official will instruct the citizen to fill in the Population Information Collection form and request them to check and sign the form.

If the conditions for permanent residence are fulfilled, the permanent residence registration official checks and signs the Population Information Collection form, then asks the Head of Commune Public Security to sign and stamp the form and send that form to the District Public Security.

c) The District Public Security adds data to the National Population Database and store the Population Information Collection form in the District Public Security's household archives.

Article 5. Update of citizen information

1. Update of citizen information based on data achieved from residential registration and management:

For the District Public Security, the update of citizen information is carried out as follows:

- The permanent residence registration official checks the legal documents or materials which endorse the information that needs updating, prints the Population Information Supplementation and Amendment form, requests the citizen to check the information and sign the form, and asks the leader of Administrative Management Police Squad to hand that form to the Head of District Public Security for his/her approval;

- After receiving the approval, the permanent residence registration official updates the citizen information in the National Population Database and files the updated information documents in the household archives.

For the Commune Public Security, the collection of citizen information is carried out as follows:

- The permanent residence registration official checks the legal documents which endorsing the information that needs updating, prints the Population Information Update and Amendment form, requests the citizen to check the information, signs and stamps the form, and sends that form to the District Public Security;

- The District Public Security updates the citizen information in the National Population Database and files the updated information documents in the household archives.

2. Update of citizen information upon request is carried out as follows:

The official from the National Population Database’s authority checks the legal documents which back up the information that needs updating, prints the Population Information Update and Amendment form, requests the citizen to check the information, signs the form, and asks the department head to grant his/her approval;

After receiving the approval, the official from the National Population Database’s authority updates the citizen information in the National Population Database and store the updated information documents in the household archives.

3. Update of citizen information based on specialized and other national databases is carried out as follows:

The specialized and other national databases update citizen information in the National Population Database when a change in the citizen information occurs. The update is done through connection and data sharing between the National Population Database and the specialized and other national databases.

Article 6. Process of modifying citizen information in the National Population Database

1. If a department which has the authority to modify citizen information finds mistakes in collection, update and management of citizen information in the database, it shall take the following actions:

a) The official of the department which has the authority to modify citizen information checks the information’s legality and accuracy; files a report on errors being found in collection, update and management of citizen information, with pertinent documents attached (if available) and sends the report to the department head for approval;

b) Upon receipt of approval, the competent department’s official is accorded authority to modify the citizen information in the National Population Database.

2. If an individual or organization requests modification of citizen information, a department which has the authority to modify citizen information shall perform the following steps:

a) Receive the request for modification of citizen information and pertinent documents;

b) Request the individual or organization to fill in the Population Information Supplementation and Amendment form;

c) Check the legality and accuracy of the information that needs to be modified. If there are good grounds for modifying citizen information, inform the department head for ratification. If not, inform the individual or organization and give clear explanations.

d) Upon receipt of the approval from the department head, modify the citizen information in the National Population Database.

Article 7. The codes included in Personal identification numbers

1. The codes included in the Personal identification numbers are composed of:

a) Code of the province of birth registration, as regulated in Appendix I of this Circular;

b) Code of the country of birth registration, as regulated in Appendix II of this Circular;

c) Code of the century of birth, gender and year of birth, as regulated in Appendix III of this Circular.

2. The codes regulated in Clause 1 of this Article shall be classified in accordance with the law regarding protection of state secrets.

Chapter III

CITIZEN IDENTIFICATION DATABASE

Article 8. Processes and procedures for collection, update and modification of information in the Citizen Identification Database

1. The Citizen Identification Database is connected to the National Population Database, the residential database and other specialized databases from the People’s Public Security in order to collect, update and share citizen information.

2. Collection and update of citizen information in the Citizen Identification Database during the process of issuance, replacement and reissuance of Citizen Identification Cards shall be carried out as follows:

a) The official of the citizen identification management authority issuing, replacing and reissuing Citizen Identification Cards has the responsibility to check, collect citizen information in Citizen Identification forms and Citizen Identification Information Collection forms, and store citizen information in the Citizen Identification Database.

b) If there is any change in citizen information during the replacement or reissuance process, the official who receives the application for that replacement or reissuance has responsibility to prepare Citizen Identification Information Modification Form and proceed as follows:

- If a change in the citizen information is permitted by a competent authority, the official who receives the documents checks the citizen information and informs the department head for decision on citizen information update.

- If the citizen information is changed due to errors arising in the process of issuance, replacement and reissuance of Citizen Identification Cards, the official who receives the documents check the citizen information and informs the department head in order to carry out the procedure for requesting the head of Department of Public Security’s citizen identification authority to decide on modification of citizen information.

3. The citizen information subject to changes has to be updated and modified, on time, accurately and sufficiently, in the Citizen Identification Database.

Article 9. Authority to collect, update and modify information in the Citizen Identification Database.

1. The head of citizen identification management authority receiving applications for issuance, replacement and reissuance of Citizen Identification Cards shall be vested with authority to make a decision on collection and update of citizen information in the Citizen Identification Database during the procedure for issuance, replacement and reissuance of Citizen Identification Cards.

2. The head of citizen identification management authority in the Ministry of Public Security shall be vested with authority to grant a decision on modification of citizen information in the Citizen Identification Database; connection between the Citizen Identification Database, the National Population Database and other databases for collection, update and sharing of citizen information.

Article 10. Usage of information in the Citizen Identification Database

1. Article 10. Cases that usage of information in the Citizen Identification Database is permitted

a) Citizen identification management authorities are allowed to use information in the Citizen Identification Database for issuance, replacement and reissuance of Citizen Identification Cards;

b) Subordinate and local public security forces are allowed to use information in the Citizen Identification Database for professional requirements and crime prevention purposes;

c) Procedural authorities are allowed to use information in the Citizen Identification Database for investigation, prosecution and hearing purposes;

d) Citizens are allowed to use their own information in the Citizen Identification Database;

e) Authorities, organizations and citizens other than those specified in Points a, b, c and d of this Clause who wish to use information in the Citizen Identification Database has to apply for permission from the head of the citizen identification authority.

2. Procedure for usage of information in the Citizen Identification Database:

a) Authorities and organizations who wish to use information in the Citizen Identification Database are required to submit their request clarifying the purposes and determining their needed information which have to be signed and stamped by the head of those authorities and organizations;

b) Citizens who wish to use information are required to submit their request clarifying the purposes and determining their needed information, and present one of the following personal documents: Birth Certificate, Citizen Identification Card or Identity Card.

c) Within duration of 5 working days of receipt of such request, the competent persons specified in Article 11 of this Circular shall decide whether usage of information in the Citizen Identification Database is allowed. In case of refusal, the authority, organization and citizen have to be informed and receive clear explanation for such refusal.

Article 11. Authority to permit usage of information in the Citizen Identification Database

1. The Director of Province Public Security, Head of District Public Security shall have the authority to permit usage of information on citizens in their jurisdictions.

2. The head of the citizen identification management authority subordinate to Ministry of Public Security has the power to permit usage of information on citizens nationwide.

Chapter IV

ISSUANCE AND MANAGEMENT OF CITIZEN IDENTIFICATION CARDS

Article 12. Processes and procedures for issuance of Citizen Identification Cards

1. The processes and procedures for issuance of Citizen Identification Cards are as follows:

a) Citizens fill in Citizen Identification information forms;

b) The official who receives application for issuance of Citizen Identification Card checks and compares the citizen information in the Citizen Identification form to the one in the National Population Database, which is connected to the Citizen Identification Database, in order to determine correctly the person who applies for the card, and to ensure the consistency of citizen information; if the citizen lacks or has changes in information that is not yet updated in the National Population Database, they are requested to confirm the correct information and present the documents related to the required information in the Citizen Identification form, in order to check and update information in the database;

If the National Population Database and the Citizen Identification Database are not yet in operation, the citizen is required to present their Household Record Booklet.

c) If the citizen wishes to switch their 9-digit or 12-digit Identity Card to Citizen Identification Card, the official who receives such application will collect, submit and handle Identity Cards in accordance with Article 15 of this Circular.

d) The official of citizen identification management authority takes pictures, collect fingerprints and identification characteristics of those who apply for Citizen Identification Card issuance in order to print those informations on Citizen Identification Information Collection forms and Citizen Identification Cards in accordance with the regulations.

A citizen's portrait photo has to be taken directly from the front, with visible face and ears and no spectacles; formal outfit and manners, no specialized outfits allowed when taking photos for Citizen Identification Cards; in case of citizens being members of certain religions and ethnicities, ceremonial outfits of those religions and ethnicities are allowed, turbans are also allowed as long as the face is visible;

The official of citizen identification management authority collects citizens’ fingerprints by fingerprint collection machines; if a finger is deformed and hence its print cannot be collected, the details of that particular finger has to be written.

e) The official of citizen identification management authority issues appointment notes for collecting Citizen Identification Cards to the applicants. If the documents or procedures are not sufficient as regulated, the citizens are instructed in amending those in order to get Citizen Identification Cards.

f) The authority receiving the documents issues Confirmations of Identity Card Number (if available) and returns Citizen Identification Cards on the date and time specified in the appointment note. The Citizen Identification Card collection point is the place where the card issuance procedure was carried out; if the citizen wishes to collect their Citizen Identification Card somewhere else, the requested collection point's address must be specified in the Citizen Identification form. The authority receiving the documents has to return the Citizen Identification Card at the requested collection point on time and the citizen has to pay for the shipment fee in accordance with the regulations.

2. Those with mental or any other kind of illness that deprives them of cognition and behavior control are required to be accompanied by a legal representative to undergo the procedure in accordance with Points a, b, c, e and f, Clause 1 of this Article.

Article 13. Order of and procedure for exchange and reissuance of Citizen Identification Cards

The order of and procedure for exchange and issuance of Citizen Identification Cards are as follows:

1. Carry out the procedures stated in Article 12 of this Circular;

2. In case of exchange due to change of information on the Citizen Identification Cards but that information is not yet recorded or updated in the National Population Database, the citizen hands in a copy of the competent authority’s document on changing those information in order to check and update information in the database.

3. Retrieve the used Citizen Identification Card in case of Citizen Identification Card exchange;

4. The citizen has to pay the exchange and reissuance fee in accordance with the regulations.

Article 14. Issuance, exchange and reissuance of Citizen Identification Cards for those serving the People's Army or the People’s Public Security

1. For citizens officially serving the People’s Army or the People’s Public Security currently in camps or public residences, without a registered permanent residential address, they have the responsibility to fully undergo the procedures stated in Article 12 and 13 of this Circular when applying for issuance, exchange and reissuance of Citizen Identification Cards. The Household Record Booklet is replaced by the proof paper provided by the People’s Army or the People’s Public Security; if that paper is not available, the recruitment, appointment or assignment decision has to be presented.

In those aforementioned cases, when applying for issuance, exchange and reissuance of Citizen Identification Cards, an introduction letter from the unit leader is required and the address of the unit the citizen serves in has to be filled in the permanent residence section of the Citizen Identification Cards.

2. The person who has the authority to issue introduction letters to those serving the People’s Army or the People’s Public Security for application for Citizen Identification Card is the leader of the unit those servicemen are in (the leader’s signature, full name and stamp have to be on the letter); for the units which are not allowed to use personal stamps, the issuer of the introduction letter is the leader of that unit’s superior who are allowed to use personal stamps;

The issuer of introduction letters for application for Citizen Identification Card has the responsibility to issue those letters to appropriate individuals in accordance with the regulations.

3. If the citizen who is officially serving the People’s Army or the People’s Public Security has already registered their permanent residential address, they will undergo the same procedure for issuance, exchange and reissuance of Citizen Identification Cards as other citizens.

Article 15. Collection, submission and handling of Identity Card in case of exchanging 9-digit or 12-digit Identity Cards for Citizen Identification Cards and confirmation of Identity Card number

When a citizen apply for exchanging 9-digit or 12-digit Identity Card for Citizen Identification Card, the official who receives the documents has the responsibility to collect those identity cards submitted by the citizen, and then do as follows:

1. For 9-digit Identity Cards:

a) If the 9-digit Identity Card is still legible (regarding the photo, the card number and the letters), the top right corner of the card's front shall be cut off, with 2 centimeters on each side of the corner, the procedure shall be recorded and that card shall be returned to the applicant. After the cut card is returned, the authority that cut the 9-digit Identity Card has the responsibility to issue an Identity Card Number confirmation to the citizen upon request.

b) If the 9-digit Identity card is damaged or illegible (regarding the photo, the card number and the letters), the card shall be collected and destroyed, the procedure shall be recorded and an Identity Card Number confirmation shall be issued to the citizen.

2. For the 12-digit Identity Card, the top right corner of the card's front shall be cut off, with 1.5 centimeters on each side of the corner, the procedure shall be recorded and that card shall be returned to the applicant.

3. If a citizen who lost their 9-digit Identity Card applies for Citizen Identification Card issuance, the authority who receives the documents for Citizen Identification Card issuance has the responsibility to issue an Identity Card Number confirmation for the lost card to the citizen.

Article 16. The line of command in handling issuance, exchange and reissuance of Citizen Identification Cards

If the National Population Database and the Citizen Identification Database are not yet in operation or have insufficient citizen information, the line of command in handling issuance, exchange and reissuance of Citizen Identification Cards shall be as follows:

1. The District Public Security’s citizen identification management authority receives documents for issuance, exchange and reissuance of Citizen Identification Cards for citizens who are registered as permanent residents in that district.

2. The Province Public Security’s citizen identification management authority receives documents for issuance, exchange and reissuance of Citizen Identification Cards for citizens who are registered as permanent residents in that province; handles exchange of Citizen Identification Cards as stated in Points a and b, Clause 1, Article 23 of Law on Citizen Identification and reissuance of Citizen Identification Cards for citizens who are registered as permanent residents on other provinces.

3. The Ministry of Public Security’s citizen identification management authority receives authority receives documents for exchange of Citizen Identification Cards upon citizen’s request and other special cases as decided by that authority’s head.

Article 17. Issuance, exchange and reissuance of Citizen Identification Cards in necessary cases

1. The citizen identification management authority issues, exchanges and reissues Citizen Identification Cards in remote regions or in offices, schools and any local places if it is deemed necessary.

2. The citizen identification management authority issues, exchanges and reissues Citizen Identification Cards in detention centers, prisons and rehabilitation centers when requested by the heads of those offices.

3. The citizen identification management authority issues, exchanges and reissues Citizen Identification Cards in the citizen’s private residence in case of elderly and sickly people who are unable to move around and confirmed by the local Commune Public Security.

Article 18. Arrangement, storage and management of issuance, exchange and reissuance of Citizen Identification Cards records

The issuance, exchange and reissuance of Citizen Identification Cards records are arranged and stored in the Citizen Identification archives of the Province Public Security where the citizen is the permanent resident for management and usage.

Chapter V

RESPONSIBILITIES OF THE PUBLIC SECURITY FOR THE NATIONAL POPULATION DATABASE, THE CITIZEN IDENTIFICATION DATABASE, ISSUANCE AND MANAGEMENT OF CITIZEN IDENTIFICATION CARDS

Article 19. Responsibilities of the General Department of Police

1. Advise, and propose to the competent authorities about creating and promulgation legal documents on the National Population Database, the Citizen Identification Database, issuance and management of Citizen Identification Cards. Order, instruct, supervise and inspect the Public Security in implementing the legal documents on the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards.

2. Propose, in cooperation with related offices, to the Ministry of Public Security’s top officials about creating and improving the National Population Database and the Citizen Identification Database; formulate plans and order, instruct and inspect the Public Security in collection, update and usage of information in the National Population Database and the Citizen Identification Database.

3. Manage the National Population Database and the Citizen Identification Database.

4. Produce and manage Citizen Identification Cards; see to the operating costs, materials, equipment, forms for issuance and management of Citizen Identification Cards, in cooperation with the General Department of Logistics and Engineering and other related offices.

5. Inspect and resolve complaints, reports and handle violations related to the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards in accordance with the law.

6. Recapitulate and keep statistics on the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards.

Article 20. Responsibilities of General Departments and Ministry’s affiliated entities

1. The People Public Security’s General Department of Politics has the responsibility to propose the organizational structure, personnel, benefits, training of staff for creation and management of the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards, in cooperation with the General Department of Police.

2. The General Department of Logistics and Engineering has the responsibility to brief the Public Security on the technology of creation and management of the National Population Database and the Citizen Identification Database, in cooperation with the General Department of Police.

3. The Planning and Investment Authority has the responsibility to allocate the regular funds for creation and operation of the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards in accordance with the law, in cooperation with the Finance Authority and the General Department of Logistics and Engineering.

Article 21. Responsibilities of the Province Public Security

1. Carry out and advise the Province People’s Committee on implementing the legal documents on the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards; collect, update and standardize population information in their jurisdiction in the National Population Database.

2. Train and nominate the personnel for creation, information collection and update, and operation of the National Population Database and the Citizen Identification Database, issuance and management of Citizen Identification Cards in their jurisdiction.

3. Issue and manage Citizen Identification Cards in their jurisdiction.

4. Inspect and resolve complaints, reports and handle violations related to the National Population Database, the Citizen Identification Database, issuance and management of Citizen Identification Cards in their jurisdiction.

5. Recapitulate and keep statistics on the National Population Database, the Citizen Identification Database, issuance and management of Citizen Identification Cards in their jurisdiction and inform the Ministry of Public Security.

Article 22. Responsibilities of the District Public Security

1. Formulate plans and collect, update and modify the population information in their jurisdiction.

2. Order, instruct, and inspect the Commune Public Security in collecting citizen information for the National Population Database.

3. Inspect the Citizen Identification Card usage in their jurisdiction in accordance with the law.

4. Resolve complaints, reports related to the National Population Database, the Citizen Identification Database, issuance and management of Citizen Identification Cards in accordance with the law.

5. Recapitulate and keep statistics on the National Population Database, the Citizen Identification Database, issuance and management of Citizen Identification Cards in accordance with the regulations.

Article 23. Responsibilities of the Commune Public Security

1. Collect citizen information for the National Population Database.

2. Propose to the District Public Security on collection and update of citizen information for the National Population Database.

3. Assess the change in citizen information, the number of eligible applicants for issuance, exchange and reissuance of Citizen Identification Cards in their jurisdiction.

4. Inspect the Citizen Identification Card usage in their jurisdiction in accordance with the law.

Chapter VI

IMPLEMENTATION

Article 24. Effect and transitional provisions

1. This Circular is in effect from March 20, 2016.

2. The places that have not yet been able to issue, replace and reissue Citizen Identification Cards in accordance with the Law on Citizen Identification shall continue to issue, exchange and reissue Identity Cards as per Circular No. 04/1999/TT-BCA(C13) dated April 29, 1999 by the Minister of Public Security providing instructions on certain provisions of Decree No. 05/1999/ND-CP dated February 3, 1999 on Identity Card and Clause 3, Article 5 of Circular No. 61/2015/TT-BCA dated November 16, 2015 by the Minister of Public Security on the Identity Card design.

Article 25. Implementation responsibilities

1. The Director General of Police has the responsibility to instruct in and inspect the implementation of this Circular.

2. The Director Generals, heads of the Ministry of Public Security’s affiliated entities, Heads of Public Security, Heads of Fire Departments of all provinces and related organizations and individuals have the responsibility to implement this Circular.

Should any difficulty arise during the implementation process, the Public Security shall inform the Ministry of Public Security through the General Department of Police to obtain timely guidance./.

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