Are hotels and motels allowed to keep the ID cards of their guests?

During this holiday, my family went out and stayed overnight at a motel. The motel owner asked each person to present their citizen identification card (CCCD) and then they kept the CCCD. When I asked, they said that when I checked out, I would get my CCCD back. I was worried about the information leaking from my CCCD.

May I ask, are motels and hotels allowed to temporarily hold guests' ID cards? Who/which unit is allowed to temporarily hold citizens' ID cards?

Reader Pham Hung ( Lam Dong ), asked

To manage guests who come to rent rooms, accommodation establishments only check the guests' identification documents such as ID cards or CCCDs, record the guests' information in the management book, but are not allowed to keep the guests' CCCDs. Photo: Phi Hung

Lawyer Nguyen Hoang Anh, Ho Chi Minh City Bar Association, replied:

According to the 2014 Citizen Identification Law, CCCD is basic information about a citizen's background and identity. Identity is a unique and stable external characteristic of a person to distinguish one person from another.

According to current regulations (Article 44 of Decree 96/2016), when guests come to rest, motels and hotels (abbreviated as accommodation establishments) are responsible for the following: Checking the guests' identification documents such as ID cards or CCCD...; Recording full information of guests in the management book (or entering full information into the computer) before allowing guests to enter the room.

Checking the guest's identification means asking the guest to present his/her identification (CCCD, for example). From there, the accommodation facility records the guest's full information in the guest book so that it can be compared and checked when necessary. The accommodation facility is not allowed to keep the guest's CCCD.

The 2017 Tourism Law and documents guiding the implementation of the Tourism Law do not have any provisions related to CCCD. The Ministry of Culture, Sports and Tourism also does not issue or approve specific management regulations or internal rules for each hotel, and does not interfere with civil agreements between guests and tourist accommodation establishments. Therefore, all activities of tourist accommodation establishments, tourists, and guests staying at tourist accommodation establishments must comply with current legal regulations.

Your second question is who/which unit is allowed to temporarily detain a citizen's CCCD? Article 28 of the 2014 CCCD Law clearly stipulates that the agency executing the temporary detention order, the agency executing the prison sentence, the agency executing the decision to send to a reform school, compulsoryeducation facility, or compulsory drug rehabilitation facility has the right to temporarily detain the CCCD card.

The CCCD card is temporarily withheld in the following cases: People who are serving a decision to be sent to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; People who are being detained, imprisoned, or serving a prison sentence.

During the period of temporary detention of the CCCD card, the citizen is allowed by the agency temporarily holding the CCCD card to use his/her CCCD card to conduct transactions in accordance with the provisions of law.

Citizens will have their CCCD cards returned after the end of their detention or temporary detention period, after completing their prison sentence, after completing the decision to send them to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.

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