Will gender affirmation be a case of renewal of citizen ID cards according to the draft revised Law on Citizen Identification in Vietnam?
- Will gender affirmation be a case of renewal of citizen ID cards according to the draft revised Law on Citizen Identification in Vietnam?
- What are the procedures for renewal of citizen ID cards for persons aged 14 and older carried out according to the Draft Law on Citizen Identification in Vietnam (amended)?
- What are the current procedures for issuance and renewal of citizen ID cards in Vietnam?
- What are the regulations on the use validity of citizen identity cards in Vietnam ?
Will gender affirmation be a case of renewal of citizen ID cards according to the draft revised Law on Citizen Identification in Vietnam?
Gender affirmation is a new regulation being finalized in the Draft Law on Gender Affirmation.
Pursuant to the provisions of Clause 1, Article 25, Draft 2 of the Draft Law on Citizen Identification (amended) stipulates:
Cases of renewal or reissuance of citizen ID cards
1. Citizen ID cards can be exchanged in the following cases:
a) The cases specified in Clause 1, Article 22 of this Law;
b) The card is damaged and cannot be used;
c) Change information about surname, middle name, first name; date and month of birth;
d) Gender reassignment or gender affirmation according to the provisions of law;
d) There are errors in information on citizen ID cards;
e) Revocation of personal identification numbers;
g) Change of permanent residence;
h) When citizens request.
Thus, when the gender affirmation policy takes effect in practice, when citizens perform gender affirmation, citizen ID cards will be issued according to the provisions of the Draft Citizen Identification Law (amended).
Will gender affirmation be a case of renewal of citizen ID cards according to the draft revised Law on Citizen Identification in Vietnam?
What are the procedures for renewal of citizen ID cards for persons aged 14 and older carried out according to the Draft Law on Citizen Identification in Vietnam (amended)?
Pursuant to the provisions of Clause 2, Article 26, Draft 2 of the Draft Law on Citizen Identification (amended) stipulates:
Order and procedures for renewal or reissuance of citizen ID cards
....
2. The issuance and renewal of citizen ID cards is carried out according to the procedures prescribed in Article 24 of this Law.
....
Thus, the procedure for renewal or citizen ID cards for citizens aged 14 years and older is carried out according to Draft 2 of the Draft Law on Citizen Identification (amended) as follows:
+ Persons assigned to collect and update information and documents according to regulations check and compare information from the national population database, national database, and specialized database to accurately determine who needs citizen ID cards; In case citizen information is not yet in the National Population Database, citizens must present legal documents to carry out procedures for updating information in the National Population Database;
+ The reception officer receives biometric information including: facial photo, fingerprint, iris of the person coming to check in;
+ Check and sign the receipt of citizen identification information;
+ The reception officer issues an appointment letter to return citizen ID cards to the person coming to check in;
+ Return citizen ID cards to the location in the appointment letter; In case a citizen requests to return the card at another location, the identity management agency will return the card at the location requested by the citizen and the citizen must pay the delivery service fee.
What are the current procedures for issuance and renewal of citizen ID cards in Vietnam?
The procedures for renewal citizen ID cards is specified in Article 11 of Circular 59/2021/TT-BCA as follows:
- Citizens shall apply for issuance of Citizen Identity Cards at competent police authorities capable of receiving application for issuance, revision, re-issuance of Citizen Identity Cards in person.
- Police officers receiving application for issuance, revision, re-issuance of Citizen Identity Cards shall collect citizen information: Search for citizen information on National database on population; select class and appearance description; collect fingerprints; take portrait photos; print Citizen Identity Card information collection form, population information collection form (if any), population information update, revision form (if any) to allow citizens to inspect, sign and specify full name; collect charges as per the law; issue notice on result collection date.
- Collect ID Cards, current Citizen Identity Cards in case citizens apply for conversion from ID Cards to Citizen Identity Cards or revision of Citizen Identity Cards.
- Research Citizen Identity Card storage to verify citizen information (if any).
- Process and approve applications for issuance, revision, re-issuance of Citizen Identity Cards.
- Return Citizen Identity Cards and results of issuance, revision, re-issuance of Citizen Identity Cards. In case citizens register for returning Citizen Identity Cards to specific address, police authorities shall produce lists and cooperate with delivery service to implement while citizens shall pay delivery fees as per the law.
What are the regulations on the use validity of citizen identity cards in Vietnam ?
The use validity of citizen ID cards is specified in Article 20 of the Law on Citizen Identification 2014 as follows:
Use validity of citizen identity cards
1. Citizen identity card is a personal paper of a Vietnamese citizen which proves citizen identification of the card holder for conducting transactions in the Vietnamese territory.
2. 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
3. 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.
4. The State shall protect legitimate rights and interests of holders of citizen identity cards in accordance with law.
Thus, the validity of citizen ID cards is implemented according to the above regulations. Citizen identity card is a personal paper of a Vietnamese citizen which proves citizen identification of the card holder for conducting transactions in the Vietnamese territory.
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