What are the risks when lending a citizen identity card in Vietnam? Is there a fine for lending a citizen identity card?
What are the risks when lending a citizen identity card in Vietnam?
According to the law, using another's Citizen identity card is not allowed. Specifically, in Clause 2, Article 10 of Decree 144/2021/ND-CP of Vietnam stipulating as follows:
Violations against regulations on issuance, management, use of ID cards and citizen identity cards in Vietnam
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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;
According to the above regulations, a fine ranging from 2.000.000 VND to 4.000.000 VND shall be imposed for borrowing a citizen identity card for commission of illegal acts according to Clause 4, Article 10 of Decree 144/2021/ND-CP of Vietnam.
Note, the above fine level only applies to individuals.
If the above-mentioned acts of borrowing and using citizen identity card are performed by an organization, the applicable fine will be twice the fine level for individuals.
However, at present, there are still many cases of borrowing a citizen identity card or asking for a citizen identity card for many different purposes.
This practice contains many risks for the citizen identity card lender. In particular, subjects who borrow citizen identity card can use them for the following negative purposes:
- Create a virtual bank account to scam and appropriate money;
- Loan;
- Forging contracts, setting up a ghost company to evade taxes, buying and selling invoices;
- Participating in betting and gambling;
- Some use cases to evade wanted; etc.
In addition, without citizenship, the lender will also be able to face administrative fines in the event of a request for inspection by an authorized person.
What are the risks when lending a citizen identity card in Vietnam? Is there a fine for lending a citizen identity card? (Image from the Internet)
Is there a penalty for lending a citizen identity card?
Pursuant to the provisions of Clause 4, Article 10 of Decree 144/2021/ND-CP of Vietnam on violations against regulations on issuance, management, use of ID cards and citizen identity cards in Vietnam as follows:
Violations against regulations on issuance, management, use of ID cards and citizen identity cards in Vietnam
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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, the person who lends the citizen identity card can also be fined from VND 4,000,000 to VND 6,000,000 in case the purpose of the lending is to commit illegal acts.
What are the citizen's responsibilities with respect to citizen identity cards in Vietnam?
Citizens' responsibilities with respect to citizen identity cards are specified in Clause 2, Article 5 of the 2014 Law on Citizenship Identification of Vietnam as follows:
Citizens’ rights and obligations with respect to citizen identification, the national population database and the citizen identification database
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2. Citizens have the following obligations:
a/ To comply with this Law and other relevant laws;
b/ To carry out the procedures for grant,-renewal and re-grant of citizen identity cards in accordance with this Law;
c/ To fully, accurately and promptly provide their personal information and documents for update in the national population database and the citizen identification database in accordance with this Law and other relevant laws;
d/ To produce their citizen identity cards for checking upon request of competent persons in accordance with law;
dd/ To preserve their granted citizen identity cards; to promptly notify the citizen identification management agency of the loss of their cards;
e/ 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 this Law.
Thus, citizens are responsible for performing the above-mentioned obligations and strictly complying with the provisions of the Law on Citizen Identification and relevant regulations on the use of citizen identity cards in Vietnam.
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