The Law on Identification No. 26/2023/QH15 (hereinafter referred to as the Law on Identification) was passed by the 15th National Assembly on November 27, 2023, replacing the Law on Citizen Identification No. 59/2014/QH13, which was amended and supplemented by a number of articles under Law No. 68/2020/QH14. The Law consists of 07 chapters and 46 articles, effective from July 1, 2024, regulating the National Population Database, the Identification Database; identification cards, electronic identification; identification certificates; rights, obligations, and responsibilities of relevant agencies, organizations, and individuals. The following are new points that people need to know when the Law comes into effect.
Minister of Public Security - To Lam received and explained the delegates' comments on the draft Law on Citizen Identification at the 6th Session, 15th National Assembly
1. Rename the current Citizen Identification Law to the Identification Law and the Citizen Identification Card to the Identification Card.
The renaming of the current Citizen Identification Law to the Identification Law is to better match the scope, subjects of regulation and new policies stipulated in the Law. Along with that, the name of the Citizen Identification Card is changed to the Identification Card. According to the provisions of the new Law, the Identification Card is basic information about a person's identity, background, identification and biometrics. The Identification Card is an identification document containing the identity and other information integrated into the identification card of a Vietnamese citizen, issued by the identification management agency according to the provisions of this Law.
Regarding the information printed on the Identity Card as stipulated in Clause 2, Article 18, including:
a) The national emblem of the Socialist Republic of Vietnam;
b) The words “SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness”;
c) The words “IDENTIFICATION CARD”;
d) Face photo;
d) Personal identification number;
e) Surname, middle name and birth name;
g) Date of birth;
h) Gender;
i) Place of birth registration;
k) Nationality;
l) Place of residence;
m) Date of card issuance; date of expiration;
n) Place of issue: Ministry of Public Security.
Thus, with this new regulation, the content of the ID card is also amended and supplemented in the direction of removing fingerprints; amending the regulations on information on ID card number, hometown, permanent residence to personal identification number, place of birth registration, place of residence, etc. to suit current management practices, creating more convenience for people in the process of using the card, limiting the need to issue new ID cards and ensuring people's rights to private information; Citizen information in the ID database will be stored and exploited through QR code and chip on the ID card to ensure information security.
2. National population database, identity database
Stipulated in Chapter II (from Article 8 to Article 17) of the Law on Identification, including regulations on the establishment and management of the National Population Database and the Identification Database; information in the National Population Database and the Identification Database; the collection, updating, adjustment, management, connection, sharing, and exploitation of information in the National Population Database and the Identification Database; the relationship between the National Population Database and national databases, specialized databases, national data centers, public service portals, and administrative procedure settlement information systems; responsibilities of relevant agencies, organizations, and individuals in sharing, providing, updating, and adjusting information and documents in the Identification Database, etc.
The Law on Identification has supplemented regulations in the direction of expansion, integrating some other information of citizens and people of Vietnamese origin in the National Database on Population and Identification Database to meet the requirements of state management and bring many conveniences and benefits to people in exploiting and using to carry out administrative procedures, civil, economic , commercial transactions and other activities according to needs.
Deputy Head of the Provincial National Assembly Delegation - Le Thi Song An chaired the Conference to contribute opinions on the draft Law on Identification submitted at the 6th session of the 15th National Assembly.
3. About people of Vietnamese origin whose nationality has not been determined
The Law has added provisions to regulate people of Vietnamese origin whose nationality has not been determined; clearly defining the rights, obligations, and issuance of identity certificates for this subject, and the management of people granted identity certificates is specifically regulated in Article 30 of the Law on Identity, specifically:
1. Identity card is issued to people of Vietnamese origin whose nationality is not yet determined but who have been living continuously for 06 months or more in a commune-level administrative unit or district-level administrative unit where there is no commune-level administrative unit.
2. Management contents of identity for people of Vietnamese origin whose nationality has not been determined and who are granted identity certificates include:
a) Collecting information on the identity of Vietnamese people whose nationality has not been determined;
b) Update, adjust, exploit and use information on the identity of people of Vietnamese origin whose nationality has not been determined and has been collected into the National Population Database and Identity Database;
c) Establish personal identification numbers for people of Vietnamese origin whose nationality has not been determined;
d) Grant, change, re-grant, revoke, retain and return identity certificates.
3. Information printed on the identity card includes:
a) The national emblem of the Socialist Republic of Vietnam;
b) The words “SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness”;
c) The words “IDENTIFICATION CERTIFICATE”;
d) Facial photo, fingerprint;
d) Personal identification number;
e) Surname, middle name and given name;
g) Date of birth;
h) Gender;
i) Place of birth;
k) Hometown;
l) Ethnicity;
m) Religion;
n) Marital status;
o) Current residence;
p) Surname, middle name and first name, nationality of father, mother, wife, husband, legal representative, guardian, ward;
q) Date, month, year of issue, issuing authority;
r) Expiry date.
4. The place to carry out procedures for granting, changing, and re-granting identity certificates is regulated as follows:
a) The identity management agency of the district, county, town, city police, or city police under a centrally-run city, or the identity management agency of the provincial or centrally-run city police where the person of Vietnamese origin whose nationality has not been determined lives;
b) In case of necessity, the identity management agency specified in Point a of this Clause shall organize the procedures for granting identity certificates at the commune, ward, town, agency, unit or place of residence of a person of Vietnamese origin whose nationality has not been determined.
5. The validity of the identity card is specified as follows:
a) Identity card is valid as proof of identity to conduct transactions and exercise legal rights and interests in the territory of Vietnam;
b) Agencies, organizations and individuals use the personal identification number on the identity certificate to check the information of the person granted the identity certificate in the National Population Database, other national databases and specialized databases according to the provisions of law.
When a person of Vietnamese origin whose nationality has not been determined must present an identity card upon request of a competent agency, organization or individual, that agency, organization or individual shall not request the person of Vietnamese origin whose nationality has not been determined to present documents or provide information that has been certified in the identity card, except in cases where the person's information has been changed or the information in the identity card is inconsistent with the information in the National Population Database.
c) The State protects the legitimate rights and interests of people granted identity cards according to the provisions of law.
The Law has assigned the Government to specify in detail the management of identification for people of Vietnamese origin whose nationality has not been determined and who are granted identification certificates; to prescribe the authority, order, procedures for granting, changing, re-granting, revoking, retaining, returning and validity period of identification certificates. The Minister of Public Security shall prescribe the form of identification certificates.
4. About electronic identity
The Law on Identification also devotes 01 chapter (Chapter IV, from Article 31 to Article 34) to specifically regulate the issuance and management of electronic identification cards and electronic identities of Vietnamese citizens; connection, sharing, exploitation and use of information in the electronic identification and authentication system; use of electronic identification cards; locking and unlocking of electronic identification cards to create a favorable basis, contributing to promoting the process of digital transformation in our country.
In addition, the Law also clearly stipulates cases where ID cards must be changed, procedures and time for reissuing ID cards, and transitional cases, specifically:
(1) Citizen identification cards issued before the effective date of this Law shall be valid until the expiry date printed on the card, except for the case specified in Clause 3 of this Article. Citizens shall be issued a replacement identification card upon request.
(2) Identity cards that are still valid after December 31, 2024 will be valid until December 31, 2024. Legal documents that have been issued using information from identity cards and citizen identification cards will retain their validity; state agencies are not allowed to request citizens to change or adjust information about identity cards and citizen identification cards in issued documents.
(3) Citizen identification cards and identity cards that expire from January 15, 2024 to before June 30, 2024 will continue to be valid until June 30, 2024.
(4) Regulations on the use of citizen identification cards and identity cards in legal documents issued before the effective date of this Law shall be applied as for identity cards prescribed in this Law until such legal documents are amended, supplemented or replaced./.
Kien Quoc
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