Can I buy and sell ID cards in Vietnam?

Can I buy and sell ID cards in Vietnam?

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

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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.

Thus, buying and selling ID cards is not legal and may result in a fine of between 4,000,000 and 6,000,000 VND, in addition to confiscation of material evidence and means of administrative violations or being forced to return illegal profits obtained from performing proven buying and selling acts in Vietnam.

Can I buy and sell ID cards in Vietnam? (Image from the Internet)

Is selling ID cards online subject to criminal prosecution in Vietnam?

Article 288 of the 2015 Criminal Code stipulates illegal provision or use of information on computer networks or telecommunications networks as follows:

1. A person who commits any of the following acts and earns an illegal profit of from VND 50,000,000 to under VND 200,000,000 or causes property damage assessed at from VND 100,000,000 to under VND 500,000,000 or damages reputation of an organization or individual shall be liable to a fine of from VND 30,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment:

a) Uploading information on a computer or telecommunications network against regulations of law, except in the circumstances specified in Article 117, 155, 156 and 326 hereof;

b) Trading, exchanging, giving, changing or publishing lawfully private information of an organization or individual on the computer or telecommunications network without the consent of the information owner;

c) Other acts that involve illegal use of information on the computer or telecommunications network.

2. This offence committed in any of the following circumstances carries a fine of from VND 200,000,000 to VND 1,000,000,000 or a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offender misuses his/her position as the administrator of the computer or telecommunications network;

c) The illegal profit earned is ≥ VND 200,000,000;

d) The property damage caused by the offence is assessed at ≥ VND 500,000,000;

dd) The offence involves infringement of privacy which results in the suicide of the victim;

e) The offence has a negative impact on social security, order or safety or Vietnam's diplomatic relationship;

g) The offence results in a demonstration.

3. The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000 or prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

According to this Article, the act of selling identity cards can be fined from 30,000,000 to 1,000,000,000 VND, non-custodial reform for up to 03 years or imprisonment from 06 months to 07 years, and a ban from holding positions, prohibited from practicing certain professions or doing certain jobs for 01 to 05 years in Vietnam.

Best regards!