Is it necessary to change citizen identity card in case changing ethnicity to foster family's ethnicity in Vietnam?

Is it necessary to change citizen identity card in case changing ethnicity to foster family's ethnicity in Vietnam?

Pursuant to Article 29 of the Civil Code in 2015 stipulating right to indentify and re-identify ethnicity as follows:

1. Each individual has the right to identify and re-identify his/her ethnicity.

2. Each individual shall have his/her ethnicity identified at birth in accordance with the ethnicity of his/her biological father and mother. Where the biological father and mother belong to two different ethnic groups, the ethnicity of the child shall be passed from the father’s or mother’s as mutually agreed between the parents; if the parents fail to agree, the ethnicity of the child shall be identified in accordance with relevant customary practices; if the customary practices are different, the ethnicity of the child shall be identified in accordance with the customary practice of smaller ethnic minority.

If an abandoned child whose natural parents are unidentified is adopted, his/her ethnicity shall be passed from his/her adoptive father’s or mother’s as mutually agreed between the parents. If the child has either an adoptive father or an adoptive mother, his/her ethnicity shall be passed from such person’s.

If an abandoned child whose natural parents are unidentified and he/she has not been adopted but has been fostered by a foster establishment, his/her ethnicity shall be identified at the request of the head of such foster family or at the request of the person temporarily fostering the child at the time when the birth of the child is registered.

3. An individual has the right to request a competent authority to identify or re-identify the ethnicity in any of the following cases:

a) Re-identification of the ethnicity of the biological father or mother where they belong to two different ethnic groups;

b) Re-identification of the ethnicity of the biological father or mother where the adoptive child have their biological parents identified.

4. The re-identification of the ethnicity of a person who is from fifteen to eighteen years of age shall be subject to the consent of such person.

5. It is forbidden to abuse the ethnicity re-identification intended to profiteering or divisive, prejudicial to the unity of the ethnic groups of Vietnam.

Pursuant to Article 23 of the Law on Citizen Identification in 2014 stipulating cases of renewal or re-grant of citizen identity cards as follows:

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

a/ The cases specified in Clause 1, Article 21 of this Law;

b/ The card is damaged and unusable;

c/ Change of family name, middle name, first name and characteristics for identification of the card holder;

d/ Gender re-assignment or native place re-determination;

dd/ There is incorrect information in the citizen identity card;

e/ Upon request of the card holder.

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

a/ It is lost;

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

As regualtions above, in case changing ethnicity to foster family's ethnicity, citizens may request for issuance of citizen identity cards. However, this is not a compulsory regulation.

Is it permissible to apply for issuance of citizen identity card at police authority of non-permanent residence in Vietnam?

Pursuant to Article 26 of the Law on Citizen Identification in 2014 stipulating places for carrying out procedures for grant, renewal and re-grant of citizen identity cards as follows:

Citizens may choose any of the following places for carrying out procedures for grant, renewal or re-grant of citizen identity cards:

1. The citizen identification management agency of the Ministry of Public Security;

2. Citizen identification management agencies of Public Security Departments of provinces and centrally run cities;

3. Citizen identification management agencies of Public Security Divisions of rural districts, urban districts, towns and provincial cities or equivalent administrative units;

4. When necessary, competent citizen identification management agencies shall carry out procedures for the grant of citizen identity cards at communes, wards, townships, agencies, units or citizens’ places of residence.

As regulations above, it is not compulsory to apply for issuance of citizen identity card at police authority of permanent residence. You may apply for issuance of citizen identity card at above agencies.

What are procedures for revocation and temporary seizure of citizen identity cards in Vietnam?

Pursuant to Article 28 of the Law on Citizen Identification in 2014 stipulating revocation and temporary seizure of citizen identity cards in Vietnam as follows:

1. A citizen identity card shall be revoked in case of deprivation or renunciation of Vietnamese nationality or annulment of the decision on naturalization in Vietnam.

2. A citizen identity card shall be temporarily seized in the following cases:

a/ A person serving a decision to send him/her to a reformatory, a compulsory educational institution or a compulsory detoxication establishment;

b/ A person being in custody or temporary detention, or serving an imprisonment sentence.

3. In the period of temporary seizure of his/her citizen identity card, a citizen may be allowed by the card-seizing agency to use this card for conducting transactions in accordance with law.

Upon the expiration of the custody or temporary detention period, or after having served the imprisonment sentence or decision to send him/her to the reformatory, compulsory educational institution or compulsory detoxication establishment, a citizen may have his/her citizen identity card returned.

4. Competence to revoke and temporarily seize citizen identity cards:

a/ Competent citizen identification management agencies may revoke citizen identity cards in the case specified in Clause 1 of this Article;

b/ Agencies executing custody or temporary detention warrants, agencies executing imprisonment sentences or decisions to send citizens to reformatories, compulsory educational institutions or compulsory detoxication establishments may temporarily seize citizen identity cards in the cases specified in Clause 2 of this Article.

Above are procedures for revocation and temporary seizure of citizen identity cards in Vietnam.

Best regards!