What is identity certificate? Who is eligible for ID certificate in Vietnam?

What is identity certificate? Who is eligible for ID certificate in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is identity certificate?

According to the provisions of Clause 12, Article 3 of the Law on Identification 2023, identity certificate means an identification document containing identification of a Vietnamese resident of undetermined nationality and issued by an identification-managing agency according to regulations of the Law on Identification 2023.

2. Who is eligible for ID certificate in Vietnam?

Pursuant to Clause 1, Article 30 of the Law on Identification 2023, the subjects eligible for ID certificate include:

An ID certificate is issued to a Vietnamese resident of undetermined nationality who is residing for 06 months or longer in a commune-level or district-level administrative unit where the commune-level administrative unit is unavailable.

3. What are the uses of an ID certificate in Vietnam? 

According to Clause 5 of Article 30 of the Law on Identification 2023, uses of an ID certificate are regulated as follows:

- An ID certificate is used to prove identification for performance of transactions and exercise of legitimate rights and interests in the Vietnamese territory

- Agencies, organizations and individuals may use personal identification numbers on ID certificates to inspect information about the certificate holders on the national population database, the national database and the specialized database in accordance with law.

In case a Vietnamese resident of undetermined nationality must present his/her ID certificate at the request of the competent agency, organization or individual, such agency/organization/individual must not request him/her to present another document or provide information certified on the ID certificate, except for case where information about the person is changed or information on the ID certificate is not consistent with that on the national population database;

- The State shall protect legitimate rights and interests of holders of ID certificates in accordance with law.

4. What are the location to carry out procedures for issuing, replacing and re-issuing ID certificates?

Pursuant to Clause 4 of Article 30 of the Law on Identification 2023, procedures for issuing, replacing and re-issuing ID certificates shall be carried out at the following agencies.

- Identification-managing agencies of police authorities of districts, urban districts, district-level towns, cities of provinces, cities of central-affiliated cities or identification-managing agencies of police authorities of provinces, or central-affiliated cities where Vietnamese residents of undetermined nationality are residing;

- If necessary, identification-managing agencies specified in Point a of this Clause shall organize implementation of procedures for issuance of ID certificates at communes, wards, district-level towns, agencies, units or places of residence of Vietnamese residents of undetermined nationality.

5. Is it legal to keep another person's ID certificate in Vietnam?

According to Article 7 of the Law on Identification 2023, the following acts are strictly prohibited:

- Issuing, renewing, re-issuing or revoking ID cards/certificates in violation of laws.

- Seizing ID cards/certificates in violation of laws.

- Causing harassment, troubles or discrimination when settling administrative procedures related to identification, the national population database and the identification database.

- Falsifying books and dossiers on identification and information on the national population database and the identification database; failing to provide or insufficiently or inaccurately or illegally providing information and documents on identification or information on the national population database and the identification database.

- Failing to carry out procedures for issuance of ID cards according to regulations of Clause 2 Article 19 of the Law on Identification 2023.

- Producing and putting tools, means or software into use or taking other actions that obstruct or disrupt operation of the information infrastructure of the national population database, the identification database and the electronic identification and authentication system.

- Forging, modifying and intentionally falsifying contents of ID cards/certificates and electronic identification; appropriating or illegally using ID cards/certificates or electronic identification of other persons; renting, leasing, mortgaging, receiving as mortgage or destroying ID cards/certificates; or using ID cards/certificates and electronic identification which have been forged.

- Illegally accessing, modifying, deleting, canceling or dispersing data, or taking other actions related to processing of personal data on the national population database, the identification database, and the electronic identification and authentication system.

- Extracting, sharing, purchasing, selling, exchanging, appropriating or illegally using information or data on the national population database, the identification database, and the electronic identification and authentication system.

Nguyen Ngoc Que Anh

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