In which cases can the Identity Card be used in place of Passport?
Translation
Are Vietnamese citizens under 14 years old required to obtain an identity card?
In what cases will a citizen have their identity card revoked?
In what cases can the identity card be used in place of entry and exit documents?
Under what circumstances can an identity card be used in place of travel documents?
Pursuant to Article 20 of the Identity Card Law 2023, which provides for the use of identity cards as follows:
Use of Identity Cards
- The identity card serves as proof of identity and other information integrated into the card of the cardholder for performing administrative procedures, public services, transactions, and other activities within the territory of Vietnam.
2. The identity card can be used in place of travel documents in cases where the Socialist Republic of Vietnam and foreign countries have signed agreements or international treaties allowing citizens of the signatory countries to use identity cards in place of travel documents within each other’s territories.
- The identity card or personal identification number may be used for agencies, organizations, and individuals to verify the cardholder’s information in the National Database on Population, other national databases, and specialized databases as prescribed by law.
In cases where the cardholder must present their identity card at the request of authorized agencies, organizations, or individuals, such agencies, organizations, or individuals must not require the cardholder to present documents or provide information already printed or integrated into the identity card; in cases where the information has changed compared to the information printed on the identity card, the cardholder must provide legally valid documents or evidence of such changes.
- The State protects the rights and lawful interests of identity cardholders as prescribed by law.
Therefore, the identity card can be used in place of travel documents in cases where the Socialist Republic of Vietnam and foreign countries have signed agreements or international treaties allowing citizens of the signatory countries to use identity cards in place of travel documents within each other’s territories.
Are Vietnamese citizens under 14 required to have an identity card?
According to Article 19 of the Identity Card Law 2023, the individuals issued identity cards are defined as:
Issuance of Identity Cards
The issuance of identity cards applies to Vietnamese citizens.
Vietnamese citizens aged 14 and above must complete procedures to obtain an identity card.
Vietnamese citizens under 14 are issued an identity card upon request.
The individuals eligible for identity card issuance are:
- Vietnamese citizens.
- Vietnamese citizens aged 14 and above must complete procedures to obtain an identity card.
- Vietnamese citizens under 14 are issued an identity card upon request.
Therefore, Vietnamese citizens under 14 are not required to have an identity card.
Can minors be issued identity cards?
Pursuant to Article 21 of the Civil Code 2015, the provision regarding minors is as follows:
Minors
1. A minor is a person under eighteen years old.
Civil transactions of persons under six years old are established and performed by their legal representatives.
Persons from six years old to under fifteen years old must obtain the consent of their legal representatives to establish and perform civil transactions, except for civil transactions serving daily needs appropriate to their age.
Persons from fifteen years old to under eighteen years old can independently establish and perform civil transactions, except for civil transactions relating to real estate, movable property that must be registered, and other civil transactions as prescribed by law, which must have the consent of their legal representatives.
Furthermore, Article 19, Clause 2 of the Identity Card Law 2023, stipulates that Vietnamese citizens aged 14 and above must complete procedures to obtain an identity card.
Thus, Vietnamese citizens who are minors (under 18 years old), but from 14 years old and above, must complete procedures to obtain an identity card.
Are Vietnamese citizens under 14 required to have an identity card? (Image from the Internet)
Under what circumstances can a citizen have their identity card revoked?
According to Clause 1, Article 29 of the Identity Card Law 2023, it is stipulated as follows:
Revocation and Retention of Identity Cards
1. The identity card is revoked in the following cases:
a) The citizen is deprived of Vietnamese nationality, renounced Vietnamese nationality, or has their decision to acquire Vietnamese nationality annulled;
b) The identity card was issued in contravention of regulations;
c) The identity card has been erased or altered.
- The identity card is retained in the following cases:
a) The person is undergoing judicial educational measures at a reformatory school; complying with a decision to apply administrative handling measures at a reformatory school, compulsory educational facility, or compulsory detoxification facility;
b) The person is being held in custody, detention, or serving a prison sentence.
During the retention period, the authority holding the identity card shall consider allowing the cardholder retained as specified in Clause 2 of this Article to use their identity card to conduct transactions and exercise their lawful rights and interests.
The person whose identity card is retained as specified in Clause 2 of this Article shall have their identity card returned upon expiration of the custody or detention period or upon cancellation of custody or detention; upon completion of a prison sentence; upon completion of judicial educational measures at a reformatory school; upon completion of a decision to apply administrative handling measures at a reformatory school, compulsory educational facility, or compulsory detoxification facility.
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Thus, a citizen will have their identity card revoked if they fall into the following cases:
- The citizen is deprived of Vietnamese nationality, renounced Vietnamese nationality, or has their decision to acquire Vietnamese nationality annulled.
- The identity card was issued in contravention of regulations.
- The identity card has been erased or altered.
