Shall Vietnamese citizens using the citizen ID cards of others for personal purposes without their consent be fined?
- Shall Vietnamese citizens using the citizen ID cards of others for personal purposes without their consent be fined?
- What are the obligations of Vietnamese citizens with respect to citizen identification?
- Shall Vietnamese citizens lending their citizen ID cards to others be fined?
- What are the regulations on the use validity of citizen ID cards in Vietnam?
Shall Vietnamese citizens using the citizen ID cards of others for personal purposes without their consent be fined?
Currently, there are still many cases of using the citizen ID cards of others for the following personal purposes, causing negative effects on citizen ID card holders:
- Create a virtual bank account to scam or misappropriate money;
- Borrow money;
- Falsify contracts, set up ghost companies to evade taxes, buy and sell invoices;
- Participate in betting and gambling;
- Some cases for evading wanted notices;...
Pursuant to Clause 2, Article 10 of Decree 144/2021/ND-CP as follows:
Violations against regulations on issuance, management, use of ID cards and citizen identity cards
...
2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:
a) Appropriating, using another person's ID card or citizen identity card or ID number certificate;
b) Erasing, chancing or otherwise falsifying the ID card or citizen identity card or ID number certificate;
c) Destroying, deliberating damaging the ID card or citizen identity card or ID number certificate;
Accordingly, Vietnamese citizens using the citizen ID cards of others for personal purposes without their consent may be fined from VND 1,000,000 to VND 2,000,000.
At the same time, pursuant to Clause 4, Article 10 of Decree 144/2021/ND-CP, the person borrowing a citizen identity card to commit an act contrary to the provisions of law may be fined from 4,000,000 to 6,000,000 VND.
Note: the above-mentioned fine only applies to individuals. For organizations, the fine shall be doubled.
What are the obligations of Vietnamese citizens with respect to citizen identification?
Pursuant to Clause 2, Article 5 of the Law on Citizen Identification 2014 on the obligations of Vietnamese citizens with respect to citizen identification, the national population database and the citizen identification database as follows:
- To comply with this Law and other relevant laws;
- To carry out the procedures for the grant,-renewal, and re-grant of citizen identity cards in accordance with this Law;
- To fully, accurately, and promptly provide their personal information and documents for an update in the national population database and the citizen identification database in accordance with this Law and other relevant laws;
- To produce their citizen identity cards for checking upon request of competent persons in accordance with law;
- To preserve their granted citizen identity cards; to promptly notify the citizen identification management agency of the loss of their cards;
- 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 the Law on Citizen Identification 2014.
Shall Vietnamese citizens lending their citizen ID cards to others be fined?
Pursuant to the provisions of Clause 4 Article 10 of Decree 144/2021/ND-CP on violations against regulations on issuance, management, use of ID cards and citizen identity cards as follows:
Violations against regulations on issuance, management, use of ID cards and citizen identity cards
...
4. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the following violations:
a) Forging the ID card or citizen identity card or ID number certificate; but not liable to criminal prosecution;
b) Using a forged ID card or citizen identity card or ID number certificate;
c) Pledging the ID card or citizen identity card or ID number certificate, or receiving them as pledge;
d) Buying, selling, taking or granting lease of the ID card or citizen identity card or ID number certificate;
dd) Borrowing, lending the ID card or citizen identity card or ID number certificate for commission of illegal acts.
Thus, according to the above provisions, Vietnamese citizens lending their citizen ID cards to others may also be fined from 4,000,000 to 6,000,000 in case the use purpose is to commit acts contrary to the law.
What are the regulations on the use validity of citizen ID cards in Vietnam?
Pursuant to Article 20 of the Law on Citizen Identification 2014 on the use validity of citizen identity cards as follows:
- Citizen identity card is a personal paper of a Vietnamese citizen which proves the citizen identification of the card holder for conducting transactions in the Vietnamese territory.
- 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
- 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.
- The State shall protect the legitimate rights and interests of holders of citizen identity cards in accordance with law.
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