Cases of temporary seizure of citizen identity cards in Vietnam

Cases of temporary seizure of citizen identity cards in Vietnam (Internet image)

1.  Cases of temporary seizure of citizen identity cards in Vietnam

A citizen identity card shall be temporarily seized in the following cases:

- A person serving a decision to send him/her to a reformatory, a compulsory educational institution or a compulsory detoxication establishment;

- A person being in custody or temporary detention, or serving an imprisonment sentence.

(Clause 2, Article 28 of the Law on Citizen Identification 2014)

2. Time limit for returning the cards in cases of temporary seizure of citizen identity cards in Vietnam

In the period of temporary seizure of his/her citizen identity card, a citizen may be allowed by the card-seizing agency to use this card for conducting transactions in accordance with law.

Upon the expiration of the custody or temporary detention period, or after having served the imprisonment sentence or decision to send him/her to the reformatory, compulsory educational institution or compulsory detoxication establishment, a citizen may have his/her citizen identity card returned.

(Clause 3, Article 28 of the Law on Citizen Identification 2014)

3. Authority to temporarily seize citizen identity cards in Vietnam

Agencies executing custody or temporary detention warrants, agencies executing imprisonment sentences or decisions to send citizens to reformatories, compulsory educational institutions or compulsory detoxication establishments may temporarily seize citizen identity cards.

(Point b, Clause 3, Article 28 of the Law on Citizen Identification 2014)

4. Citizens’ rights and obligations with respect to citizen identification in Vietnam

- Citizens have the following rights:

+ To have their personal and family secrets kept confidential in the national population database and the citizen identification database, except cases subject to provision of information and documents as prescribed by law;

+ To request citizen identification management agencies to update their information that is not yet available, or modify inaccurate information or information that has been changed, in the national population database and the citizen identification database or their citizen identity cards in accordance with law;

+ To have their citizen identity cards granted, renewed and re-granted in accordance with the Law on Citizen Identification 2014;

+ To use their citizen identity cards for transactions and exercise of citizens’ lawful rights and interests;

+ To lodge complaints or denunciations about or initiate lawsuits against violations of the law on citizen identification, the national population database and the citizen identification database in accordance with law.

- Citizens have the following obligations:

+ To comply with the Law on Citizen Identification 2014 and other relevant laws;

+ To carry out the procedures for grant,-renewal and re-grant of citizen identity cards in accordance with the Law on Citizen Identification 2014;

+ To fully, accurately and promptly provide their personal information and documents for update in the national population database and the citizen identification database in accordance with this Law and other relevant laws;

+ To produce their citizen identity cards for checking upon request of competent persons in accordance with law;

+ To preserve their granted citizen identity cards; to promptly notify the citizen identification management agency of the loss of their cards;

+ To return their citizen identity cards to competent agencies in case of renewal, revocation or temporary seizure of such cards as prescribed in Articles 23 and 28 of the Law on Citizen Identification 2014.

- A person who suffers any mental or other diseases which deprive him/her of the ability to perceive and control his/her acts shall, through his/her lawful representative, exercise rights and perform obligations prescribed in this Article.

(Article 5 of the Law on Citizen Identification 2014)

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