18/04/2024 11:12

Law on Identification 2023: Issuance of ID cards to people under 14 years old in Vietnam as of July 1, 2024

Law on Identification 2023: Issuance of ID cards to people under 14 years old in Vietnam as of July 1, 2024

I heard information that according to Law on Identification 2023 of Vietnam, people under 14 years old are eligible for grant of identity cards (ID card). It is true? Mr. Ngoc Anh (Hanoi).

Regarding this matter, LawNet would like to answer as follows:

Issuance of ID cards to people under 14 years old in Vietnam as of July 1, 2024

Currently, according to the provisions of Clause 1, Article 19 of the Law on Citizen Identification 2014, Vietnamese citizens aged full 14 years or older are eligible for grant of citizen’s' identity cards.

However, from July 1, 2024, when the Law on Identification 2023 takes effect, persons eligible for issuance of ID cards include:

- Persons eligible for issuance of ID cards are Vietnamese citizens.

- Vietnamese citizens from 14 years of age shall carry out procedures for issuance of ID cards.

- Vietnamese citizens under 14 years of age will be issued with ID cards if they have demands.

Thereby, for people under 14 years old, it is not required to make an ID card. if they have demands, they can carry out procedures for issuance of ID cards.

In addition, according to Article 19 of the Law on Identification 2023, Vietnamese citizens from 14 years of age shall carry out procedures for issuance of ID cards. This regulation is different from the Law on Identification 2014. The current regulations do not stipulate that it is mandatory that Vietnamese citizens from 14 years of age must carry out procedures for issuance of ID cards but only mention generally regarding this matter.

Procedures for issuance of ID cards for people under 14 years old in Vietnam

According to the provisions of Clause 2, Article 23 of the Law on Identification 2023, the procedures for issuance of ID cards for people under 14 years old in Vietnam are as follows:

- A person under 14 years of age or his/her legal representative may request the identification-managing agency to issue an ID card. Procedures for issuance of an ID card to a person under 14 years of age shall be carried out as follows:

(1) 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;

(2) 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.

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.

Uses of ID cards in Vietnam

According to Article 20 of the Law on Identification 2023, there are regulations on the uses of ID cards as follows:

- An ID card is used to prove identification and other information integrated into the card of a card holder for performance of administrative procedures, public services, transactions and other activities in the Vietnamese territory.

- ID cards may be used instead of entry and exit documents in case Vietnam and a foreign country have signed a treaty or international agreement permitting citizens of the signatories to use their ID cards instead of entry and exit documents in each other’s territory.

- Agencies, organizations and individuals use ID cards or personal identification numbers to inspect information of card holders on the national population database, the national database and the specialized database according to regulations of law.

In case a card holder must present his/her ID card at the request of the competent agency, organization or individual, such agency/organization/individual must not request the card holder to present another document or provide information printed and integrated into the ID card; in case of any change to information on the ID card, the card holder must provide other legal documents proving the changed information.

- The State shall protect legitimate rights and interests of holders of ID cards in accordance with regulations of law.

Best regards!

Do Minh Hieu
175


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