Is it necessary to collect 9-digit identity cards when issuing citizen identification cards in Vietnam?

According to the provisions in Article 11 of Circular 59/2021/TT-BCA of Vietnam (effective from July 1, 2021) regarding the procedures for issuance, change, and reissuance of citizen identification cards, the police officer will confiscate the 9-digit identity card or the citizen identification card currently in use when the citizen performs the procedures for transferring from the 9-digit identity card to the citizen identification card or exchanging the citizen identification card.

However, many people applying for the citizen identification card do not return the 9-digit identity card due to claims of loss or misplacement. Can both the chip-based citizen identification card and the old 9-digit identity card be used simultaneously in Vietnam?

According to the old regulation in Circular 40/2019/TT-BCA, when citizens perform the procedures for transferring from the 9-digit identity card or the 12-digit identity card to the citizen identification card, for those 9-digit identity cards that are still clear (photo, Identification Card number, and text), when delivering the citizen identification card, the officer receiving the application will ask the citizen to submit the appointment receipt for the citizen identification card together with the 9-digit identity card and proceed to cut the top right corner of the front side of the 9-digit identity card.

However, the new Circular has abolished the regulation of corner-cutting and instead will confiscate the old 9-digit identity card. The act of not returning the 9-digit identity card when issued a citizen identification card by using false reasons is not in accordance with the legal regulations. Furthermore, according to the principle, when issued a new citizen identification card, the old 9-digit identity card will become invalid, and the citizen must use the newly issued citizen identification card. Therefore, even if the old 9-digit identity card has not been confiscated, the law does not recognize the validity of this card.

Nevertheless, there are still many instances where the old 9-digit identity card is used even after being issued a citizen identification card without encountering difficulties, especially in cases where documents need to be presented for comparison and identification during administrative checks. For civil transactions, citizens should use the new citizen identification card to avoid later having to perform modification, correction procedures, and other legal risks.

Additionally, attention must be paid to using the expired 9-digit identity card after obtaining the citizen identification card.

Clause 1 Article 10 of Decree 144/2021/ND-CP stipulates:

“A warning or a fine ranging from VND 300,000 to VND 500,000 shall be imposed for one of the following acts:

a) Failure to present the 9-digit identity card, 9-digit identity card, citizen identification card, or Certificate of Identification Number when requested by a competent authority for inspection;

b) Failure to comply with legal regulations on the issuance, change, and reissuance of the citizen identification card;

...”

Thus, when using an expired 9-digit identity card after obtaining the citizen identification card, a citizen may be given a warning or fined from VND 300,000 to VND 500,000 for failing to comply with legal regulations on the issuance, change, and reissuance of the citizen identification card.

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