Are identity cards of Vietnamese residing overseas still valid?

Are identity cards of Vietnamese residing overseas still valid?

Pursuant to Article 4 of the Decree 16/2020/NĐ-CP stipulating annulment of documents proving Vietnamese nationality issued for persons denaturalizing or renouncing and annulment of decision of naturalization of Vietnamese nationality as follows:

1. From the effective date of decisions on renunciation of Vietnamese nationality, denaturalization of Vietnamese nationality, annulment of decision on naturalization of Vietnamese nationality of a person, documents specified in Article 11 of Law on Vietnamese Nationality issued for said person shall be no longer valid for proving Vietnamese nationality.

2. Removal of permanent residence registration, revocation and annulment of Vietnamese passports, ID cards and Citizen Identity Cards of persons specified in Clause 1 of this Article shall comply with Clause 3 Article 24, Clause 2 Article 26 of this Decree and relevant law provisions.

In case Vietnamese nationality is specified in civil status documents of persons who have their Vietnamese nationality renounced, denaturalized or decision on naturalization of Vietnamese nationality annulled, informing and recording change of nationality in civil status books shall comply with Article 25 of this Decree.

Pursuant to Article 11 of the Law on Vietnamese Nationality in 2008 stipulating papers proving Vietnamese nationality as follows:

One of the following papers can prove one’s Vietnamese nationality:

1. Birth certificate; in case the birth certificate does not clearly state the Vietnamese nationality of the holder, papers proving his/her parents’ Vietnamese nationality are required.

2. People’s identity card;

3. Vietnamese passport;

4. Decision permitting the naturalization in Vietnam, decision permitting the restoration of Vietnamese nationality, decision recognizing the adoption of a foreign child, and decision permitting a foreigner to adopt a Vietnamese child.

As regulations above, identity cards of Vietnamese residing overseas, who have been denaturalized their nationality, shall be no longer valid.

What are the fines for using invalid identity cards in Vietnam?

Pursuant to Article 46 of the Decree 82/2020/NĐ-CP stipulating violations of regulations on nationality management as follows:

1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons in dossiers of application for import. to return, to renounce Vietnamese nationality; registration dossier to be determined to have Vietnamese nationality; application for certification of Vietnamese nationality; application for certification of being of Vietnamese origin.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Declaring untruthful information in the application for import, re-registration or renunciation of Vietnamese nationality; registration dossier to be determined to have Vietnamese nationality; application for certification of Vietnamese nationality; application for certification of being of Vietnamese origin;

b) Erasing, correcting, falsifying contents of papers on nationality;

c) Using papers that are no longer valid to prove Vietnamese nationality to prove that they have Vietnamese nationality.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for destroying citizenship papers.

4. Additional sanctioning forms:

Confiscation of material evidences being papers and documents that have been erased or modified to falsify contents, for violations specified in Clauses 1 and b, Clause 2 of this Article; papers that are no longer valid to prove Vietnamese nationality, for violations specified at Point c, Clause 2 of this Article.

5. Remedial measures:

To propose competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clause 1, Points a and c, Clause 2 of this Article; papers and documents have been erased or corrected to falsify the contents specified in Clause 1 and Point b, Clause 2 of this Article.

As regulations above, if you use Vietnamese invalid identity cards, you shall be fined from VND 3,000,000 and 5,000,000.

In addition, the invalid papers shall be confiscated. The competent agencies, organizations and persons shall consider and handle the issued papers and documents due to violations.

Who shall temporarily not be granted identity cards in Vietnam?

Pursuant to Article 4 of the Decree 05/1999/NĐ-CP (amended Clause 3 Article 1 of the Decree 106/2013/NĐ-CP) stipulating subjects temporarily not be granted identity cards as follows:

1. The persons who are being held in custody, serving prison terms in detention camps; abiding by decisions on their confinement to reformatories, educational establishments or medical establishments;

2. The persons who are suffering from mental diseases or other illnesses which have deprived them of the capability to control their civil acts.

The subjects mentioned in Clause 1 and Clause 2 of this Article, after being cured from illnesses, finishing their detention or prison terms or upon the expiry of the period of serving the decisions on their confinement to reformatories, educational establishments, medical establishments, shall be granted the people’s identity cards.

Best regards!