Authority in revocation and retention of ID cards in Vietnam

Authority in revocation and retention of ID cards in Vietnam (Image from the Internet)

1. Circumstances for revoking, retaining ID cards

According to Clauses 1 and 2, Article 29 of the Identification Law 2023, provisions for revoking and retaining ID cards are as follows:

- ID cards are revoked in the following cases:

+ The citizen is deprived of Vietnamese nationality, renounces Vietnamese nationality, or has the decision to grant Vietnamese nationality annulled;

+ The ID card is issued incorrectly according to the regulations;

+ The ID card has been erased or altered.

- ID cards are retained in the following cases:

+ Persons undergoing judicial education measures at a reform school; persons subject to administrative measures for education at a reform school, compulsory education institution, or compulsory rehabilitation facility;

+ Persons being temporarily detained, serving a prison sentence.

2. Authority in revocation and retention of ID cards in Vietnam

According to Clause 5, Article 29 of the Identification Law 2023, the authority to revoke and retain ID cards is defined as follows:

- The identification management authority executes the revocation of ID cards in cases specified in Clause 1, Article 29 of the Identification Law 2023;

- The authority receiving and returning results during procedures for deprivation of Vietnamese nationality, renouncement of Vietnamese nationality, or annulment of the decision to grant Vietnamese nationality is responsible for revoking and destroying the citizen's ID card and notifying the identification management authority;

- The authority enforcing temporary detention, temporary imprisonment, the enforcement of sentences; the authority executing judicial education measures at a reform school; the authority implementing administrative handling measures at a reform school, compulsory education institution, or compulsory rehabilitation facility shall hold the ID card in cases specified in Clause 2, Article 29 of the Identification Law 2023.

3. Procedures for issuing ID cards in Vietnam

The procedures for issuing ID cards according to Article 23 of the Identification Law 2023 are as follows:

- The sequence and procedures for issuing ID cards to individuals aged 14 and older are as follows:

+ The recipient checks and verifies the information of the person requiring the ID card from the National Population Database, national database, and specialized database to accurately identify the person requiring the ID card; in case of absence of information about the person in the National Population Database, procedures must be followed to update, adjust information in the National Population Database as prescribed in Clauses 1, 2, and 3, Article 10 of the Identification Law 2023;

+ The recipient collects biometric data and physical characteristics, including facial photos, fingerprints, and iris scans of the person requiring the ID card;

+ The person requiring the ID card checks and signs the personal information receipt form;

+ The recipient issues an appointment slip for the return of the ID card;

+ Return the ID card at the location specified in the appointment slip; in cases where the person requiring the ID card requests a different location, the identification management authority delivers the ID card to the requested location and the person must pay service delivery fees.

- Individuals under 14 years old or their lawful representatives may request the identification management authority to issue ID cards. The process and procedures for issuing ID cards to individuals under 14 years old are as follows:

+ The lawful representative performs the ID card issuance procedure for individuals under 06 years old through the public service portal or national identity application. If the individual under 06 years old has not yet registered a birth certificate, the lawful representative shall conduct the issuance of an ID card through linked birth registration procedures via the public service portal, national identity application, or directly at the identification management authority. The authority does not collect biometric data and physical characteristics for individuals under 06 years old;

+ Individuals aged 06 to under 14 years old, along with their lawful representative, go to the identification management authority to provide biometric and physical characteristics information as prescribed at Point b, Clause 1, Article 23 of the Identification Law 2023.

The lawful representative of individuals aged 06 to under 14 years is responsible for completing the ID card issuance process for them.

- In the case of individuals lacking civil capacity, individuals with difficulties in cognition or controlling their behavior, a lawful representative must assist in completing the procedures specified in Clause 1, Article 23 of the Identification Law 2023.

- If an ID card issuance is refused, the identification management authority must provide a written response stating the reasons.

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