Many changes when the Law on Identity Cards comes into effect

If passed, this decree will take effect from July 1, 2024, at the same time the 2023 Law on Identification takes effect, replacing the current 2014 Law on Citizen Identification.

Notably, Article 29 of the 2023 Law on Identification stipulates the revocation and retention of identification cards. Specifically:

Three cases of revoked ID cards

- Citizens whose citizenship is revoked, whose Vietnamese citizenship is lost, or whose decision to grant Vietnamese citizenship is revoked;

- Identity card issued in violation of regulations.

- Identification card has been erased or corrected.

Thus, according to the new law, in addition to the cases where citizens are stripped of Vietnamese nationality, lose Vietnamese nationality, or have their decision to naturalize as Vietnamese citizens revoked, if the ID card is issued in violation of regulations or the ID card has been erased or modified, it will also be revoked.

Two cases of ID cards being held

- People who are serving judicialeducational measures at a reformatory school; people who are serving decisions on applying administrative measures 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 holding the ID card, the agency holding the ID card shall consider allowing the person whose ID card is held to use his/her ID card to conduct transactions and exercise legal rights and interests.

A person whose identity card is withheld will have his/her identity card returned when the period of temporary detention or temporary imprisonment expires or when there is a decision to cancel the temporary detention or temporary imprisonment; when he/she has completed serving the prison sentence, serving the judicial educational measure at a reformatory school; when he/she has completed the decision to apply administrative handling measures to be sent to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.

The identity management agency shall revoke the identity card. The agency that receives and returns the results when carrying out the procedures for revoking Vietnamese nationality, relinquishing Vietnamese nationality or canceling the decision to grant Vietnamese nationality shall be responsible for revoking and canceling the citizen's identity card and notifying the identity management agency.

Meanwhile, the authority to hold the identity card belongs to the agency executing the decision to temporarily detain or imprison; the agency executing the prison sentence; the agency executing the judicial educational measure at the reform school; the agency executing the decision to apply the administrative handling measure of sending to the reform school, compulsory education facility, compulsory drug rehabilitation facility.

To specify the above regulations, the draft decree prepared by the Ministry of Public Security proposes details on the procedures for keeping and returning identity cards.

Accordingly, the competent authority holding the identity card when holding or returning the identity card must make a record of holding or returning the identity card and keep a logbook.

Within 24 hours of making the record, the person making the record must report to the competent authority for consideration and decision to keep the ID card. The decision to keep the ID card must be made in 2 copies and 1 copy must be given to the person whose card is kept.

During the period of holding the ID card, if the person whose ID card is held requests to use his/her ID card to conduct transactions or exercise legal rights and interests, he/she must submit a written request to the card-holding agency for consideration and decision.

In the draft decree, the Ministry of Public Security also proposed detailed regulations on the procedures for granting, changing, and re-granting identity cards.

Accordingly, when needed, citizens can go to the ID management agency to request the issuance, exchange, or re-issuance of an ID card, providing personal identification number information for the recipient to check and compare with the information in the National Population Database.

In case a citizen requests to issue, change, or reissue an ID card on the National Public Service Portal or the Ministry of Public Security's Public Service Portal, the citizen selects the service, checks his/her information in the National Population Database, and if the information is correct, registers the time and place of requesting an ID card; the system will automatically forward the citizen's request to the police agency where the citizen made the request.

In case the citizen's information in the National Population Database is not available or is incorrect, the citizen must bring legal documents and papers so that the police agency receiving the request for issuance, exchange, or re-issuance of an ID card can check, update, and adjust the information in the National Population Database.

According to the draft, the person receiving the request for issuance, exchange, or re-issuance of an ID card will search for citizen information in the National Population Database. After determining that the information of the person requesting the issuance, exchange, or re-issuance of an ID card is correct, the person will carry out the procedures for issuing an ID card according to regulations.

In case of performing the procedure of changing from identity card, citizen identification card to identification card, the recipient is responsible for collecting the identity card, citizen identification card in use.

Minh Hoa (t/h)

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