Vietnam: From July 1, 2024, what are the cases of revocation and seizure of ID cards? What are the procedures for issuance of ID cards?
From July 1, 2024, what are the cases of revocation and seizure of ID cards in Vietnam?
Under Article 29 of the Law on Identification 2023, cases of revocation and seizure of ID cards in Vietnam include:
- An ID card shall be revoked in the following cases:
+ Denaturalization or renunciation or annulment of the decision on naturalization of Vietnamese nationality;
+ Issuance of the ID card in violation of laws;
+ Erasure or correction of information on the ID card.
- An ID card shall be seized in the following cases:
+ A person is serving the judicial measure of education in a reformatory; a person is serving a decision to impose an administrative handling measure for sending him/her to a reformatory, a compulsory educational institution or a compulsory detoxification establishment;
+ A person is in custody or temporary detention, or is serving an imprisonment sentence.
- In the period of seizure of an ID card, the card-seizing agency may consider giving permission for a citizen to use his/her card to carry out transactions and exercise his/her legitimate rights and interests.
- A person whose ID card is seized according to Clause 2 of Article 29 of the Law on Identification 2023 may have his/her ID card returned upon the expiration of the custody or temporary detention period or when there is a decision on cancellation of custody or temporary detention; or after having completely served the imprisonment sentence, or the judicial measure of education in a reformatory or the decision to impose an administrative handling measure for sending him/her to a reformatory, a compulsory educational institution or a compulsory detoxification establishment.
From July 1, 2024, what are the procedures for issuance of ID cards in Vietnam?
The procedures for issuance of ID cards are specified in Article 23 of the Law on Identification 2023 as follows:
- Procedures for issuance of an ID card to a Vietnamese citizen from 14 years of age shall be carried out as follows:
+ A recipient shall inspect and compare information of a person to be issued with an ID card from/to the national population database, the national database, and the specialized database in order to ensure the accuracy of information of such person; in case information of a person to be issued with an ID card on the national population database is unavailable, procedures for adjustment and update of information on the national population database shall be carried out according to regulations in Clauses 1,2 and 3 Article 10 of Law on Identification 2023;
+ The recipient shall collect information about identity and biometric identifiers, including portrait photo, fingerprints and iris of each person to be issued with an ID card;
+ Each person to be issued with an ID card shall conduct inspection and signature on an ID information collection form;
+ The recipient shall issue a receipt stating the date of handover of the identity card to the citizen;
+ The ID card shall be handed to the citizen at the place stated in the receipt; in case a citizen wishes to receive his/ her card at another place, the identification-managing agency shall hand the card to him/her at the place as requested by the citizen and he/she shall pay fees for delivery services.
- Procedures for issuance of an ID card to a person under 14 years of age shall be carried out as follows:
+ The legal representative of a person under 06 years of age shall follow procedures for issuance of an ID card to such person via the public service portal or the national identification application.
If procedures for obtaining birth registration for a person under 06 years of age have yet to be conducted, his/her legal representative shall follow procedures for issuance of an ID card by those interconnected with birth registration on the public service portal, the national identification application or in person at the identification-managing agency.
The identification-managing agency does not collect and receive information about identity and biometric identifiers of persons under 06 years of age;
+ Persons from 06 to under 14 years of age accompanying their legal representatives shall come to the identification-managing agency to provide information about identity and biometric identifiers according to regulations in Point b Clause 1 of Article 23 of the Law on Identification 2023.
The legal representative of a person from 06 to under 14 years of ages shall follow procedures for issuance of an ID card instead of that person.
From July 1, 2024, what are the cases of refund or replacement of ID cards in Vietnam?
Under Article 24 of the Law on Identification 2023 on the cases of refund or replacement of ID cards in Vietnam:
- An ID card is replaced in the following cases:
+ Cases specified in Clause 1 Article 21 of Law on Identification 2023.
+ Information about family name, middle name, first name and date of birth is changed or corrected;
+ Identity information is changed; information about portrait photo and fingerprints is added; gender re-assignment or transition is carried out according to regulations of law;
+ There is incorrect information on the identity card;
+ The card holder makes request when information on the ID card is changed due to arrangement of administrative units;
+ Personal identification number is reset up;
+ The card holder makes request.
- An ID card is re-issued in the following cases:
+ It is lost or damaged and unused, except for cases specified in Article 21 of Law on Identification 2023;
+ The card holder has Vietnamese nationality restored under the Law on Vietnamese Nationality.
The Law on Identification 2023 will come into force from July 1, 2024, except for the case specified in Clause 2, Article 45 of the Law on Identification 2023.
The provisions of Clause 3, Article 46 of the Law on Identification 2023 come into force from January 15, 2024.
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