Revocation and Temporary Detention of Citizen ID Cards under Which Circumstances?

Recently, the Government of Vietnam has signed and promulgated Decree 137/2015/ND-CP detailing certain provisions and enforcement measures of the Law on Citizen Identification.

According to the regulations, Vietnamese citizens aged 14 years and above who have registered for permanent residence are issued a Citizen Identity Card. The basis for determining the age is based on the date, month, and year of birth of the citizens in the National Population Database; in cases where the information about the date, month, and year of birth of such person is not available in the National Population Database, the date, month, and year of birth are determined based on the original birth certificate or household registration book.

confiscation, temporary seizure of citizen identity card, Decree 137/2015/ND-CP

Illustrative Image (source: internet)

However, the authorized Citizen Identity Management Agencies have the power to confiscate and temporarily seize the card in the cases stipulated in Article 19 of Decree 137/2015/ND-CP:

Firstly, confiscation of Citizen Identity Card:

- The authorized Citizen Identity Management Agencies collect the Citizen Identity Card in accordance with Clause 1 Article 28 of the Law on Citizen Identity after receiving a notice that the citizen has been deprived of nationality, renounced Vietnamese nationality, or had the decision to grant Vietnamese nationality annulled, and the card is forwarded to the citizen identity archives;

The confiscation of the Citizen Identity Card must be documented in a report, with one copy given to the person whose card is confiscated, and recorded in tracking books; the confiscated Citizen Identity Card is safeguarded and archived along with the issuance dossier of the Citizen Identity Card at the citizen identity archives.

Secondly, temporary seizure of Citizen Identity Card:

- The head of the agency executing the detention, detention order, the agency executing the prison sentence, the agency executing the decision to place individuals in reformatory schools, compulsory education centers, compulsory detoxification centers decides on the temporary seizure of the Citizen Identity Card in the cases specified in Clause 2 Article 28 of the Law on Citizen Identity;

The temporary seizure of the Citizen Identity Card must be documented in a report, with one copy given to the person whose card is temporarily seized, and recorded in tracking books;

Citizens are returned their Citizen Identity Card when the detention or prison term ends, or upon completion of the reformatory school, compulsory education, or compulsory detoxification order. The return of the card must be documented in a report, with one copy given to the person retrieving the card.

See additional regulations in Decree 137/2015/ND-CP which took effect from February 15, 2016.

Thu Ba

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