05/10/2022 14:31

Vietnam: 14 cases in which fines are imposed for not applying for chip-based ID cards

Vietnam: 14 cases in which fines are imposed for not applying for chip-based ID cards

“Which cases are fined because of not applying chip-based ID cards. Thank you!" _ Hoai Bao (Binh Duong)

Hello Mr. Bao, for your request, LawNet would like to give you some information as following:

I. For those using citizen identity card (with or without chip)

Pursuant to Article 23 of the Law on Citizen Identification 2014 of Vietnam, there are 8 cases of renewal or re-grant of citizen identity cards:

- A citizen identity card shall be renewed in the following cases:

1. A citizen identity card must be renewed when a citizen reaches full 25 years, full 40 years and full 60 years;

2. The card is damaged and unusable;

3. Change of family name, middle name, first name and characteristics for identification of the card holder;

4. Gender re-assignment or native place re-determination;

5. There is incorrect information in the citizen identity card;

6. Upon request of the card holder.

- A citizen identity card shall be re-granted in the following cases:

1. It is lost;

2. The card holder has Vietnamese nationality restored under the Law on Vietnamese Nationality.

II. For those using identity card

Pursuant to Article 5 Decree No. 05/1999/NĐ-CP, there are 06 cases of change from identity card to citizen identity card, including:

1. The people’s identity card has expired;

2. The people’s identity card is damaged and unusable;

3. There is a change in the family name, given name, middle name, day, month and/or year of birth;

4. The permanent residence registration place has changed to outside the province or centrally-run city;

5. There is a change to the identification particulars;

6. The identity card is lost.

Thus, people using identity card or citizen identity card in 1 of the above 14 cases must change to chip-based ID cards. If not, people shall be fined for failure to comply with regulations of law on issuance, replacement, reissuance of the citizen identity card according to Clause 1 Article 10 Decree No. 144/2021/NĐ-CP:

"Article 10. Violations against regulations on issuance, management, use of ID cards and citizen identity cards

1. A warning or a fine ranging from 300.000 VND to 500.000 VND shall be imposed for any of the following violations:

a) Failure to present the ID card or citizen identity card or ID number certificate at the request of a competent person;

b) Failure to comply with regulations of law on issuance, replacement, reissuance of the citizen identity card;

c) Failure to return the ID card or citizen identity card to the competent authority upon renunciation, loss of the Vietnamese nationality or cancellation of the decision to grant the Vietnamese nationality; failure to return the ID card or citizen identity card to the authority that executes the detention order, sentences including imprisonment, compulsory education in a reform school, correctional institution or rehabilitation center."

 Thus, people using identity card or citizen identity card in 1 of the above 14 cases do not change to chip-based ID cards shall be fined from 300.000 VND to 500.000 VND.

At the same time, cases where citizens are issued identity card, citizen identity card with barcodes that are still intact, have expiry date, are not subject to change or re-issue, if people do not have the need to change to chip-based ID cards. It is still usable until it expires.

Nguyen Sang
219


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