Not Carrying an Identification Card: Is It a Legal Violation?

Dear Sir/Madam,

Regarding this matter, the Legal Secretary has the following comments:

According to Clause 1, Article 7 of Decree No. 05/1999/ND-CP, it is stipulated that citizens must carry their identity card when traveling or conducting transactions; and present it when requested for inspection or control by an authorized person. Thus, this is both a right and responsibility of the citizen.

In cases where the identity card is not presented upon request, administrative penalties will be imposed according to point a, clause 1, Article 9 of Decree 167/2013/ND-CP, with the forms of penalty being a warning or a fine ranging from 100,000 to 200,000 VND.

Therefore, if you do not carry your identity card and are penalized, it is entirely in conformity with the law.

Additionally, Article 9 of Decree 167/2013/ND-CP also stipulates administrative penalties for the following acts:

"2. A fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:
a) Using another person’s identity card to perform acts contrary to the law;
b) Erasing or altering the identity card;
c) Renting, borrowing, or lending the identity card to another person to perform acts contrary to the law.

3. A fine ranging from 2,000,000 VND to 4,000,000 VND shall be imposed for any of the following acts:
a) Providing false information, documents, or testimony to obtain an identity card;
b) Forging identity cards;
c) Using a fake identity card.

4. A fine ranging from 4,000,000 VND to 6,000,000 VND shall be imposed for pledging the identity card to perform acts contrary to the law.

5. Additional forms of penalties: Confiscation of the illegal materials or means used in the administrative offenses as stipulated at Point b, Clause 2, and Clause 3 of this Article.

6. Remedial measures: Mandatory retrieval of the identity card for acts specified at Point b, Clause 2 of this Article."

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