When entering a rehabilitation center, does my brother have to present his ID card or citizen identity card in Vietnam?

When entering a rehabilitation center, does my brother have to present his ID card or citizen identity card in Vietnam? What is level of sanction for violations of regulations on issuance, management and use of ID cards or citizen identity card in Vietnam? 

My brother was addicted and had to go to rehabilitation center. My friends have told me that when entering rehabilitation center, he has to show ID card or citizen identity card, but my brother is very stubborn and doesn't listen to everyone. So let me ask is it mandatory to present ID card or citizen identity card?

When entering a rehabilitation center, does my brother have to present his ID card or citizen identity card in Vietnam?

In Clause 2, Article 55 of Decree 116/2021/ND-CP stipulating procedures for receiving persons sent to rehabilitation centers as follows:

2. When receiving, the establishment must check and compare the person with the receipt file and personal papers of the person sent to the rehabilitation center; Preliminary examination of health status and making minutes of delivery and receipt between district-level police offices and rehabilitation centers.

Minutes of delivery and receipt clearly stating the health status; the number of documents and records; personal belongings and belongings of persons sent to rehabilitation centers according to Form No. 40, Appendix II of this Decree.

Pursuant to Clause 1, Article 2 of Decree 123/2015/ND-CP stipulating regulations on presentation/submission of applications for civil status registration, issuance of copies of civil status documents are as follows:

1. An applicant for civil status registration or issuance of copies of civil status documents shall present the original of one of the following documents: passport, ID card, or another document containing photo and personal information that has been issued by a competent authority and remaining valid (hereinafter referred to as identity paper) for the identity verification purpose.

In the transitional stage, the applicant for civil status registration shall present documents proving his/her place of residence.

And based on Point c, Clause 1, Article 10 of Decree 144/2021/ND-CP stipulating 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:

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, when entering a rehabilitation center in Vietnam, it is mandatory to present identification documents including ID card or citizen identity card for the rehabilitation agency to compare with the receipt file or else will be fined from 300,000 VND to 500,000 VND.

What is level of sanction for violations of regulations on issuance, management and use of ID cards or citizen identity card in Vietnam? 

Pursuant to Article 10 of Decree 144/2021/ND-CP stipulating violations against regulations on issuance, management, use of ID cards and citizen identity cards as follows:

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.

2. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for any of the following violations:

a) Appropriating, using another person's ID card or citizen identity card or ID number certificate;

b) Erasing, chancing or otherwise falsifying the ID card or citizen identity card or ID number certificate;

c) Destroying, deliberating damaging the ID card or citizen identity card or ID number certificate;

3. A fine ranging from 2.000.000 VND to 4.000.000 VND shall be imposed for any of the following violations:

a) Making, using forged documents or data in order to be granted an ID card or citizen identity card or ID number certificate;

b) Providing false information or documents in order to be granted an ID card or citizen identity card or ID number certificate.

4. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the following violations:

a) Forging the ID card or citizen identity card or ID number certificate; but not liable to criminal prosecution;

b) Using a forged ID card or citizen identity card or ID number certificate;

c) Pledging the ID card or citizen identity card or ID number certificate, or receiving them as pledge;

d) Buying, selling, taking or granting lease of the ID card or citizen identity card or ID number certificate;

dd) Borrowing, lending the ID card or citizen identity card or ID number certificate for commission of illegal acts.

5. Additional penalty:

Confiscation of the exhibits and means of administrative violations for the violations specified Points b and c Clause 2, Point a Clause 3, points a, b, c and d Clause 4 of this Article.

6. Remedial measures:

a) Mandatory return of the ID card or citizen identity card or ID number certificate in case of violations specified in Point a Clause 2 and Point dd Clause 4 of this Article;

b) Mandatory return of the illegal profits earned from commission of the administrative violations specified in Points a, c, d and dd Clause 4 of this Article.

Best Regards!

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