Certificate of Identity according to the Identity Law 2023: What is it and how is it valid for use?
What is an Identity Certification?
Based on the provisions at Clause 12, Article 3 of the Identity Law 2023, the identity certification is clearly defined as follows:
An identity certification is a personal document containing the identity information of a person of Vietnamese origin whose nationality has not been determined, issued by the identity management agency in accordance with the provisions of the Identity Law 2023.
Simultaneously, at Clause 1, Article 30 of the Identity Law 2023, the provisions on subjects eligible for identity certification issuance are as follows:
An identity certification is issued to persons of Vietnamese origin whose nationality has not been determined and who have been continuously residing for 6 months or more at a commune-level administrative unit or district-level administrative unit where no commune-level administrative unit is organized.
What is an Identity Certification according to the Identity Law 2023? How is the value of the identity certification?
How is the value of an identity certification?
According to Clause 5, Article 30 of the Identity Law 2023, the value of the identity certification is clearly specified as follows:
- The identity certification has value to prove identity to carry out transactions, exercise rights, and legitimate interests within the territory of Vietnam;
- Agencies, organizations, and individuals use the personal identification number on the identity certification to check the information of the person granted the identity certification in the National Database on Population, other national databases, and specialized databases as prescribed by law.
When a person of Vietnamese origin whose nationality has not been determined must present the identity certification upon request from competent agencies, organizations, or individuals, those agencies, organizations, or individuals shall not request such person to present documents or provide information that has been certified in the identity certification, except where the person's information has changed or the information in the identity certification does not match the information in the National Database on Population;
- The state protects the legitimate rights and interests of the person granted the identity certification in accordance with the law.
What information is printed on the identity certification?
Pursuant to Article 30 of the Identity Law 2023, the regulations are as follows:
Issuance of identity certification and identity management for persons of Vietnamese origin whose nationality has not been determined and who are granted identity certifications
1. An identity certification is issued to persons of Vietnamese origin whose nationality has not been determined and who have been continuously residing for 6 months or more at a commune-level administrative unit or district-level administrative unit where no commune-level administrative unit is organized.
2. The management content on identity for persons of Vietnamese origin whose nationality has not been determined and who are granted identity certifications includes:
a) Collecting identity information of persons of Vietnamese origin whose nationality has not been determined;
b) Updating, adjusting, exploiting, and using identity information of persons of Vietnamese origin whose nationality has not been determined that has been collected into the National Database on Population and the Database on Identity;
c) Establishing personal identification numbers for persons of Vietnamese origin whose nationality has not been determined;
d) Issuing, reissuing, renewing, revoking, holding, and returning identity certifications.
3. Information printed on the identity certification includes:
a) The image of the National Emblem of the Socialist Republic of Vietnam;
b) The phrase “SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness”;
c) The phrase “IDENTITY CERTIFICATION”;
d) Face photo, fingerprint;
e) Personal identification number;
f) Surname, middle name, and given name;
g) Date of birth;
h) Gender;
i) Place of birth;
k) Hometown;
l) Ethnicity;
m) Religion;
n) Marital status;
o) Current residence;
p) Surname, middle name, and given name, nationality of father, mother, spouse, legal representative, guardian, or the person being guardianship;
q) Date, month, year of issuance and issuing agency;
r) Expiration date.
4. Places to carry out procedures for issuance, reissuance, and renewal of identity certifications are regulated as follows:
a) Identity management agencies of the Police at the district, district-level town, city of the province, city of the centrally governed city where persons of Vietnamese origin whose nationality has not been determined reside;
b) In necessary cases, the identity management agencies specified at Point a of this Clause shall organize the procedures for issuance of identity certifications at communes, wards, commune-level towns, agencies, entities or the residence of persons of Vietnamese origin whose nationality has not been determined.
....
Information printed on the identity certification includes:
- The image of the National Emblem of the Socialist Republic of Vietnam;
- The phrase “SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness”;
- The phrase “IDENTITY CERTIFICATION”;
- Face photo, fingerprint;
- Personal identification number;
- Surname, middle name, and given name;
- Date of birth;
- Gender;
- Place of birth;
- Hometown;
- Ethnicity;
- Religion;
- Marital status;
- Current residence;
- Surname, middle name, and given name, nationality of father, mother, spouse, legal representative, guardian, or the person being guardianship;
- Date, month, year of issuance and issuing agency;
- Expiration date.
The Identity Law 2023 will take effect from July 1, 2024, except for Clause 3, Article 46.
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