Is it punishable to use both a National Identity Card and a Citizen Identification Card simultaneously?

According to Clause 3, Article 11 of Circular 59/2021/TT-BCA dated May 15, 2021, police officers will collect the current National Identity Card or Citizen Identity Card in cases where citizens are applying to switch from a National Identity Card to a Citizen Identity Card or to exchange their Citizen Identity Card.

At the same time, Clause 8, Article 5 of Circular 60/2021/TT-BCA, dated May 15, 2021, also stipulates: "Revocation of old Identity Cards and Citizen Identification Cards in cases where citizens are applying to exchange their Identity Cards for Citizen Identification Cards or to replace their Citizen Identification Cards."

Therefore, after issuing the Citizen Identity Card (CCCD), the old National Identity Card (CMND) must be revoked. At that point, the CMND will no longer be valid, even if it is intact and still within its expiration date. This means that current law only recognizes one type of personal identification document for each person at any given time (either CMND or CCCD).

Individuals who have been issued a Citizen Identity Card (CCCD) but intentionally continue to use their old ID card when conducting transactions or administrative procedures may be subject to administrative penalties for failing to comply with the law on issuing, exchanging, and reissuing Citizen Identity Cards, as stipulated in Clause 1, Article 10 of Decree 144/2021, dated December 31, 2021.

Article 10. Violations of regulations on the issuance, management, and use of Identity Cards, Citizen Identification Cards, or Citizen Identification Cards.

1. A warning or a fine ranging from 300,000 VND to 500,000 VND shall be imposed for any of the following acts:

a) Failure to present a National Identity Card, Citizen Identity Card, or a Confirmation of National Identity Card Number when requested by an authorized person;

b) Failure to comply with legal regulations regarding the issuance, exchange, and re-issuance of Citizen Identity Cards;

c) Failure to return the Citizen Identity Card or Citizen Identification Card to the competent authority upon relinquishing, having citizenship revoked, or having the decision to grant Vietnamese citizenship annulled; failure to return the Citizen Identity Card or Citizen Identification Card to the agency executing the order for temporary detention, temporary imprisonment, the agency executing the prison sentence, the agency executing the decision to send to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.

Therefore, citizens who use both their old ID card and citizen identification card simultaneously will be fined between 300,000 and 500,000 VND.

Furthermore, using both the old ID card and the new citizen identification card simultaneously can lead to many legal risks, especially when using an expired ID card to participate in contracts, transactions, or carry out administrative procedures.

Minh Hoa (compiled)

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