NATIONAL ASSEMBLY OF
VIETNAM SOCIALIST REPUBLIC OF
VIETNAM
Law No. 26/2023/QH15 Independence
– Freedom – Happiness
Hanoi, November 27, 2023
LAW
IDENTIFICATION
- Pursuant to the Constitution of the Socialist Republic of Vietnam;
- The National Assembly promulgates the Law on Identification.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for
national population database and identification database; identity cards and
electronic identification; identity certificates; rights, obligations and
responsibilities of relevant agencies, organizations and individuals.
This Law applies to
Vietnamese citizens; Vietnamese residents of undetermined nationality; relevant
agencies, organizations and individuals.
Article 3. Definition
of terms
In this Law, the
terms below are construed as follows:
1. “Identification”
means basic information about the personal record, identity and biometric
identifiers of a person.
2. “Identity” means
distinctive and stable characteristics of a person’s appearance that
distinguish such person from another one.
3. “Biometric
identifiers” mean biometric or biological characteristics that are distinctive
and stable of a person, used to identify and distinguish such person from
another one.
4. A “Vietnamese
resident whose nationality has not yet been determined residing in Vietnam”
(hereinafter referred to as “Vietnamese resident of undetermined nationality”)
means a person who is residing in Vietnam without any documents proving that
he/she has the nationality of Vietnam or another country but has a
consanguineous relationship with a person who used to have the nationality of
Vietnam determined by the consanguinity principle.
5. “Identification
archive” means a system of dossiers and documents on identification which are
managed, classified, arranged and stored in a certain order so as to serve
information search and extraction.
6. “National
population database” means a shared database which collects basic information
about all Vietnamese citizens and Vietnamese residents of undetermined
nationality, and is standardized, digitalized, stored and managed in an
information infrastructure to serve state management affairs and transactions
among agencies, organizations and individuals.
8. “Specialized
database” means a collection of information about one or several certain
management field(s) of a Ministry, a ministerial agency, a Governmental agency,
a provincial People’s Committee, a political organization, or a socio-political
organization, which is digitalized, stored and managed in an information
infrastructure to serve specialized state management and transactions among
agencies, organizations and individuals.
9. “Information
infrastructure” of the national population database and identification database
means a collection of hardware, software and database management system,
serving production, collection, processing, storage, transmission, exchange and
sharing of information about population and identification.
10.
“Identification-managing agency” means an agency assigned by the Ministry of
Public Security to perform management of identification, the national
population database, the identification database and the electronic
identification and authentication system.
11. “Identity card
(ID card)" means an identification document containing identification and
other information integrated into the card of a Vietnamese citizen and issued
by an identification-managing agency according to regulations of this Law.
12. “Identity
certificate" means an identification document containing identification of
a Vietnamese resident of undetermined nationality and issued by an
identification-managing agency according to regulations of this Law.
13. “Electronic
identity” means a collection of information of a Vietnamese citizen which is
included in the identification database and used to electronically determine
such citizen via the electronic identification and authentication system and
make electronic identification. Such information contains:
a) Personal
identification number;
b) Family name,
middle name and first name;
c) Date of birth;
dd) Portrait photo;
e) Fingerprints.
14. “Electronic
identification and authentication system” means an information system used to
register, create and manage eID accounts, and implement e-authentication.
15. “Electronic
identification process” with regard to a Vietnamese citizen means an act of
registering, verifying, binding an electronic identity and issuing an
electronic identification to a citizen.
16. “Electronic
authentication” with regard to electronic identity of a Vietnamese citizen
means an act of confirming or asserting the accuracy of the electronic identity
by extracting and comparing information in the national population database and
the identification database via the electronic identification and
authentication system.
17. “Electronic
identification” means an identification of a Vietnamese citizen which is shown
via an electronic identification account opened by the electronic
identification and authentication system.
18. “National
identification application” means a digital application which is used for
electronic identification and authentication in online processing of
administrative procedures, public services and other transactions and
development of utilities in service of agencies, organizations and individuals.
19. “National data
center” means a place where information and data from databases and information
systems are collected, stored, processed and regulated in order to provide
applications related to the database and information infrastructure under the
Government's regulations.
Article 4. Principles of management of identification, the national population database and the identification database
2. Being public,
transparent, fair and convenient for agencies, organizations and individuals.
3. Ensuring
information security and safety and protecting personal data.
4. Information and
documents shall be collected and updated in a full, accurate and prompt manner;
managed in a centralized, unified and close manner; and maintained, extracted
and used efficiently and archived permanently.
Article 5. Rights and
obligations of Vietnamese citizens and Vietnamese residents of undetermined
nationality to identification, the national population database and the
identification database
1. A Vietnamese
citizen shall hold the following rights:
a) Have his/her
personal data on the national population database and the identification
database protected according to regulations of law;
b) Request the
identification-managing agency to update and adjust his/her information on the
national population database, the identification database, his/her ID card,
electronic identification in accordance with the law on identification;
c) Have personal
identification number generated; have his/her ID card issued, renewed and
re-issued in accordance with this Law; have information about identification
and information on the national population database certified;
d) Use his/her ID
card, electronic identification for transactions and exercise of lawful rights
and interests;
2. A Vietnamese
resident of undetermined nationality shall hold the following rights:
a) Have his/her
personal data on the national population database and the identification
database protected according to regulations of law;
b) Request an
identification-managing agency to update and adjust his/her information on the
national population database, the identification database, and his/her identity
certificate in accordance with the law on identification;
c) Have personal
identification number generated; have his/her identity certificate issued,
renewed and re-issued in accordance with this Law;
d) Use his/her
identity certificate for transactions and exercise of lawful rights and
interests;
dd) Extract his/her
information in the national population database and the identification
database.
3. A Vietnamese
citizen or a Vietnamese resident of undetermined nationality shall have the
following obligations:
a) Carry out
procedures for issuance, renewal and reissuance of ID cards and certificates in
accordance with this Law; preserve ID cards and certificates which have been
issued;
b) Fully, accurately
and promptly provide his/her personal information and documents to update and
adjust them on the national population database, the identification database,
his/her ID card and electronic identification in accordance with the law on identification;
d) Present his/her ID
card/certificate or provide electronic identification or his/her personal
identification number as required by a competent person according to
regulations of law;
dd) Return his/her ID
card/certificate to a competent agency in case of renewal, revocation or
temporary seizure of such card/certificate according to regulations of law.
4. Incapacitated
persons, persons having limited recognition or behavioral control as specified
in Civil Code and persons under 14 years of age are entitled to exercise their
rights and obligations as specified in this Article via their legal representatives
or by themselves when they obtain consent from their legal representatives
according to regulations of Civil Code.
Article 6.
Responsibilities of identification-managing agencies
1. Accurately, fully
and promptly collect, update and adjust information on the national population
database and the identification database.
2. Publicly post and
provide guidance on administrative procedures related to identification, the
national population database and the identification database in accordance with
regulations of law.
3. Ensure information
safety and security and protect personal data on the national population
database, the identification database and the electronic identification and
authentication system.
4. Fully, accurately
and promptly provide information and documents on citizens as required by
agencies, organizations and individuals in accordance with the law.
5. Issue and manage
electronic identification; issue, renew, reissue, revoke ID cards/certificates
in accordance with this Law.
7. Settle complaints
and denunciations and handle violations against regulations on identification
in accordance with law.
Article 7. Prohibited
acts
1. Issuing, renewing,
re-issuing or revoking ID cards/certificates in violation of laws.
2. Seizing ID
cards/certificates in violation of laws.
3. Causing
harassment, troubles or discrimination when settling administrative procedures
related to identification, the national population database and the
identification database.
4. Falsifying books
and dossiers on identification and information on the national population
database and the identification database; failing to provide or insufficiently
or inaccurately or illegally providing information and documents on
identification or information on the national population database and the
identification database.
5. Failing to carry
out procedures for issuance of ID cards according to regulations of Clause 2
Article 19 of this Law.
6. Producing and
putting tools, means or software into use or taking other actions that obstruct
or disrupt operation of the information infrastructure of the national
population database, the identification database and the electronic
identification and authentication system.
7. Forging, modifying
and intentionally falsifying contents of ID cards/certificates and electronic
identification; appropriating or illegally using ID cards/certificates or
electronic identification of other persons; renting, leasing, mortgaging,
receiving as mortgage or destroying ID cards/certificates; or using ID
cards/certificates and electronic identification which have been forged.
9. Extracting,
sharing, purchasing, selling, exchanging, appropriating or illegally using
information or data on the national population database, the identification
database, and the electronic identification and authentication system.
Chapter II
NATIONAL POPULATION
DATABASE AND IDENTIFICATION DATABASE
Section 1. NATIONAL
POPULATION DATABASE
Article 8.
Requirements for establishment and management of the national population
database
1. The national
population database shall be established and managed in a centralized and
unified manner at the identification-managing agency of the Ministry of Public
Security.
2. The national
population database shall be established according to standards and technical
regulations on information technology and socio-economic norms, thereby
ensuring that the database operates stably and continuously.
3. Assuring
information safety and security, protecting personal data and facilitating the
collection, update, adjustment, extraction and use of information.
4. Connecting and
sharing information or data with the national database, specialized database,
other database, national data center, public service portal, and information
system for handling administrative procedures.
6. Storing adequate
information of citizens upon collecting, updating and adjusting it on the
database.
Article 9.
Information on the national population database
1. Family name,
middle name and first name.
2. Other names.
3. Personal
identification number.
4. Date of birth.
5. Gender.
6. Place of birth.
7. Place of birth
registration.
9. Ethnic group.
10. Religion.
11. Nationality.
12. Blood group.
13. 9-digit ID card.
14. Date and place of
issuance, date of expiry of the ID card, the citizen ID card, or the 12-digit
ID card which has been issued.
15. Family name,
middle name and first name, personal identification number, 09-digit ID card
number, nationality of parents, spouses, children, legal representative(s) and
the represented person.
19. Declaration of
temporary absence.
20. Residence
document number.
21. Marital status.
22. Relationship with
the household owner.
23. Family name,
middle name and first name, personal identification number, 09-digit ID card
number of the household owner and each member.
24. Date of death or
going missing.
25. Phone number and
email.
26. Other information
as regulated by the Government.
Article 10.
Collecting, updating, adjusting, managing, connecting, sharing and extracting
information on the national population database
2. If the information
specified in Clauses 1, 4, 5, 7, 8, 9 and 11 Article 9 of this Law is
unavailable or inadequate, the identification-managing agency shall request
citizens to provide it.
3. The
identification-managing agency shall connect with relevant agencies,
organizations and individuals in inspecting information when collecting,
updating, and adjusting it in order to ensure the accuracy and consistency.
4. The information
infrastructure of the national population database shall be protected by the
State in accordance with regulations of the law on protection of key works
related to national security, the cybersecurity law and the law on
cyberinformation security.
5. Methods of
extracting information on the national population database include:
a) Direct connection
and exchange between the national database, the specialized database, other
database, the national data center and the national population database or
other methods of the Vietnam’s E-Government Architecture Framework;
b) The national
public service portal or the public service portal of the Ministry of Public
Security;
c) Written
information provision;
d) National
identification application;
d) Electronic identification and authentication platform;
6. State agencies,
political organizations, and socio-political organizations are entitled to
extract information on the national population database in conformity with
their functions and tasks.
7. Individuals are
entitled to extract their information on the national population database.
8. Organizations and
individuals other than those specified in Clause 6 and Clause 7 of this Article
shall obtain consent from the identification-managing agency and owners of
personal information when extracting it on the national population database. In case of extraction of information of
incapacitated persons, persons with limited recognition and behavioral control
as specified in Civil Code, persons under 14 years of age, and persons declared
missing or dead, the consent from the identification-managing agency and one of
the legal representatives or heirs shall be granted according to regulations in
Clause 9 of this Article.
9. Incapacitated
persons, persons having limited recognition or behavioral control as specified
in Civil Code and persons under 14 years of age may extract their information
via their legal representatives.
The extraction of
information of persons declared missing shall be decided by their legal
representatives.
The extraction of
information of persons declared dead shall be decided by their heirs.
10. The information
on the national population database is the basis for inspection and unification
of personal information conducted by agencies, organizations and individuals.
11. The Government
shall elaborate Clauses 1, 2, 3, 5 and 9 of this Article; and procedures for
extracting information on the national population database.
Article 11. Relation between the national population database and the national database, specialized database, national data center, public service portal, and information system for handling administrative procedures.
2. The
identification-managing agency shall share information on the national
population database with the agency or organization managing the national
database and the specialized database in order to perform functions and tasks
that have been assigned.
3. When obtaining
results of handling of administrative procedures with regard to information
specified in Article 9 of this Law, the agency managing the public service
portal or information system for handling administrative procedures at
ministerial or provincial level shall share such results with the
identification-managing agency. The identification-managing agency shall be
responsible for fully, accurately, and promptly updating and adjusting
information on the national population database.
4. If the information
of a person on the national database or the specialized database is not
consistent with that on the national population database, the
identification-managing agency shall connect with a relevant agency or that
person in inspecting the information, and updating and adjusting it on the
national population database, the national database or the specialized
database, thereby ensuring the accuracy and consistency.
5. Connection,
sharing, update, adjustment, extraction and use of pieces of information
between the national population database and the national data center, the
national database, the specialized database shall be effective, safe and
suitable to functions, tasks, and entitlement of agencies and organizations
that perform the above-mentioned actions according to regulation of this Law
and relevant laws.
Article 12. Personal
identification number of Vietnamese citizen
1. The personal
identification number of a Vietnamese citizen is a numerical string including
12 digits, is generated by the national population database and is granted to a
Vietnamese citizen.
2. Personal
identification numbers shall be uniformly managed nationwide by the Ministry of
Public Security; each Vietnamese citizen shall be granted one number which is
not identical to another’s number.
3. The personal
identification number of a Vietnamese citizen is used to issue an ID card to
such citizen and extract his/her information on the national population
database, national database, specialized database, national data center, public
service portal, and information system for handling administrative procedures.
4. The Government
shall provide for generation, invalidation and re-generation of a personal
identification number of a Vietnamese citizen.
1. Agencies,
organizations and individuals shall:
a) Comply with the
process of collection, provision, update and adjustment to information and
documents;
b) Ensure sufficient,
accurate and prompt collection and provision of information and documents;
c) Promptly notify
citizen’s information upon occurrence of any change or inaccuracy to the
identification-managing agency.
2. Persons assigned
to collect, update and adjust information and documents shall:
a) Check information
and documents on citizens; and regularly monitor, update and adjust
information;
b) Preserve and keep
relevant information and documents confidential; refrain from altering, erasing
or damaging documents, and be responsible for the accuracy and sufficiency of
updated and adjusted information.
3. The head of the
identification-managing agency shall:
a) Organize
management of collection, update, adjustment and storage of information and
documents;
Section 2.
IDENTIFICATION DATABASE
Article 14.
Requirements for establishment and management of the identification database
1. The identification
database shall be established and managed in a centralized and unified manner
at the identification-managing agency of the Ministry of Public Security.
2. The identification
database shall be established according to standards and technical regulations
on information technology and socio-economic norms, thereby ensuring that the
database is connected with the national population database and operates stably
and continuously.
3. Ensuring
information safety and security, protecting personal data and facilitating
collection, update, adjustment, extraction and use of information.
4. Protecting
agencies, organizations or individuals’ rights to extract information according
to regulations of law.
5. Fully, accurately,
and promptly collecting, updating and adjusting information; storing adequate
information of citizens upon collecting, updating and adjusting it on the
database.
Article 15.
Information on the identification database
1. Information
specified in Clause 1 through Clause 18, Clause 24 and Clause 25 of Article 9
of this Law.
3. Biometric
identifiers, including portrait pictures, fingerprints, irides, DNA, voice.
4. Occupations,
except for People's Armed forces, People's Public Security forces, and ciphers.
5. E-identification
status. The e-identification status is
the current level of e-identification.
Article 16.
Collecting, updating, adjusting, managing, connecting, sharing and extracting
information on the identification database
1. Information on the
identification database is collected, updated, and adjusted from the following
sources:
a) Information
connection and exchange with the national population database, the national
database and the specialized database;
b) Identification
archive; dossiers on issuance and management of ID cards/certificates;
c) Persons who are
information owners, except for the case specified in Point d of this Clause;
d) Biometrics
identifiers that are DNA and voices voluntarily provided by each citizen or
collected by the criminal proceedings agency or the supervisory agency of
persons against whom administrative measures are taken during the performance
of its functions and tasks, in which case these biometric identifiers will be
shared with the identification-managing agency for update on the identification
database.
a) Information on the
identification database may be shared with the national population database and
the specialized database managed by the Ministry of Public Security to serve
management of population and identification, and prevention and control of crimes;
b) Sharing
information on the identification database with a database other than those
specified in Point a of this Clause shall comply with the Government’s
regulations.
3. Information on the
identification database shall be extracted as follows:
a) State agencies,
political organizations, and socio-political organizations are entitled to
extract information on the identification database to perform their functions
and tasks by sharing information specified in Clause 2 this Article or sending
written information requests to the identification-managing agency;
b) Individuals are
entitled to extract their information on the identification database by sending
written information requests to the identification-managing agency;
c) Organizations and
individuals other than those specified in Point a and Point b of this Clause
shall send written information requests to the identification-managing agency
and obtain consent from the agency and owners of personal information when extracting
it on the identification database. In
case of extraction of information of incapacitated persons, persons with
limited recognition and behavioral control as specified in Civil Code, persons
under 14 years of age, and persons declared missing or dead, the consent from
the identification-managing agency and one of the legal representatives or
heirs shall be granted according to regulations in Point d of this Clause.
d) Incapacitated
persons, persons having limited recognition or behavioral control as specified
in Civil Code and persons under 14 years of age may extract their information
via their legal representatives.
The extraction of
information of persons declared missing shall be decided by their legal
representatives.
The extraction of information of persons declared dead shall be decided by their heirs.
5. The Government
shall elaborate Clause 1 and Clause 3 of this Article.
Article 17.
Responsibilities of relevant agencies, organizations and individuals for
sharing, providing, updating and adjusting information and documents on the
identification database.
1. Agencies,
organizations and individuals shall:
a) Fully, accurately,
and promptly share and provide information and documents according to
regulations of this Law;
b) Promptly notify
information and documents on identification of citizens upon occurrence of any
change or inaccuracy to the identification-managing agency.
c) If the criminal
proceedings agency or the supervisory agency of persons against whom
administrative measures are taken has information about biometric identifiers,
including DNA and voices, of any citizen, it shall transfer them to the
identification-managing agency for update and adjustment.
2. Persons assigned
to update and adjust information and documents shall:
a) Check information
and documents on citizens; and regularly monitor, update and adjust
information;
b) Preserve and keep
relevant information and documents confidential; refrain from altering, erasing
or damaging documents, and be responsible for the accuracy and sufficiency of
updated and adjusted information.
a) Organize
management of collection, update, adjustment and storage of information and
documents;
b) Check and take
responsibility for information and documents already updated, adjusted and
stored.
Chapter III
IDENTITY CARDS AND
CERTIFICATES
Article 18. Contents
stated in ID cards
1. Each ID card has
information printed on it and a place for storing encrypted information.
2. Information
printed on an ID card includes:
a) A national emblem
of the Socialist Republic of Vietnam;
b) A phrase “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (THE SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness);
d) Portrait photo;
dd) Personal
identification number;
e) Family name,
middle name and first name;
g) Date of birth;
h) Gender;
i) Place of birth
registration.
k) Nationality;
l) Place of
residence;
m) Date of issuance; date of expiry;
3. Information
encrypted and stored in the storage place on an ID card includes a portrait
photo, fingerprints, iris of a citizen and pieces of information specified in
Clause 1 through Clause 18 Article 9, Clause 2 Article 15 and Clause 2 Article
22 of this Law.
4. The Minister of
Public Security shall provide for specifications, other languages, form, size
and material of ID cards; encryption of information stored on ID cards;
information displayed on ID cards about places of residence and cases of
failure to collect or fully collect information specified in Clause 2 and
Clause 3 of this Article.
Article 19. Persons
eligible for issuance of ID cards
1. Persons eligible
for issuance of ID cards are Vietnamese citizens.
2. Vietnamese
citizens from 14 years of age shall carry out procedures for issuance of ID
cards.
3. Vietnamese
citizens under 14 years of age will be issued with ID cards if they have
demands.
Article 20. Uses of
ID cards
1. An ID card is used
to prove identification and other information integrated into the card of a
card holder for performance of administrative procedures, public services,
transactions and other activities in the Vietnamese territory.
2. ID cards may be
used instead of entry and exit documents in case Vietnam and a foreign country
have signed a treaty or international agreement permitting citizens of the
signatories to use their ID cards instead of entry and exit documents in each
other’s territory.
In case a card holder
must present his/her ID card at the request of the competent agency,
organization or individual, such agency/organization/individual must not
request the card holder to present another document or provide information
printed and integrated into the ID card; in case of any change to information
on the ID card, the card holder must provide other legal documents proving the
changed information.
4. The State shall
protect legitimate rights and interests of holders of ID cards in accordance
with regulations of law.
Article 21. Age
eligible for replacement of ID cards
1. A Vietnamese
citizen issued with an ID card shall carry out procedures for replacement of
the card when he/she reaches from 14 years of age, 25 years of age, 40 years of
age and 60 years of age.
2. An ID card which
is issued, replaced or re-issued within 2 years before a citizen reaches the
age specified in Clause 1 of this Article shall remain valid until he/she
reaches the subsequent age eligible for card replacement.
Article 22.
Integrating information into ID cards, and using and extracting integrated
information
1. Integration of
information into an ID card means an act of adding pieces of information
different from the identification information and the encrypted information to
the storage place of such ID card. The
information shall be integrated at the request of citizens and verified via the
national database and specialized database.
2. Information
integrated into an ID card of a citizen consists of information of his/her
health insurance card, social insurance book, driver's license, birth
certificate, marriage certificate or another document decided by the Prime
Minister, except for information on documents issued by the Ministry of
National Defense.
3. Information
integrated into an ID card has the same validity as that of information
provided or document containing such information when carrying out
administrative procedures, public services, transactions and other activities.
5. Extraction of
information integrated and encrypted on an ID card is regulated as follows:
a) Using dedicated
devices to extract information encrypted and integrated into a storage place of
the ID card;
b) Using information
on the ID card via dedicated devices to retrieve and extract the integrated
information through the national population database and the electronic
identification and authentication system.
c) State agencies,
political organizations, and socio-political organizations are entitled to
extract information encrypted and integrated into ID cards to perform their
functions and tasks which have been assigned.
d) Organizations and
individuals may extract information encrypted and integrated into ID cards of
citizens if they obtain consent from such citizens.
6. The Government
shall elaborate this Article; procedures for update and adjustment to
information on ID cards.
Article 23.
Procedures for issuance of ID cards
1. Procedures for
issuance of an ID card to a Vietnamese citizen from 14 years of age shall be
carried out as follows:
a) A recipient shall
inspect and compare information of a person to be issued with an ID card
from/to the national population database, the national database, and the
specialized database in order to ensure the accuracy of information of such
person; in case information of a person to be issued with an ID card on the
national population database is unavailable, procedures for adjustment and
update of information on the national population database shall be carried out
according to regulations in Clauses 1,2 and 3 Article 10 of this Law;
c) Each person to be
issued with an ID card shall conduct inspection and signature on an ID
information collection form;
d) The recipient
shall issue a receipt stating the date of handover of the identity card to the
citizen;
dd) The ID card shall
be handed to the citizen at the place stated in the receipt; in case a citizen
wishes to receive his/ her card at another place, the identification-managing
agency shall hand the card to him/her at the place as requested by the citizen
and he/she shall pay fees for delivery services.
2. A person under 14
years of age or his/her legal representative may request the
identification-managing agency to issue an ID card. Procedures for issuance of an ID card to a
person under 14 years of age shall be carried out as follows:
a) The legal
representative of a person under 06 years of age shall follow procedures for
issuance of an ID card to such person via the public service portal or the
national identification application. If
procedures for obtaining birth registration for a person under 06 years of age
have yet to be conducted, his/her legal representative shall follow procedures
for issuance of an ID card by those interconnected with birth registration on
the public service portal, the national identification application or in person
at the identification-managing agency.
The identification-managing agency does not collect and receive
information about identity and biometric identifiers of persons under 06 years
of age;
b) Persons from 06 to
under 14 years of age accompanying their legal representatives shall come to
the identification-managing agency to provide information about identity and
biometric identifiers according to regulations in Point b Clause 1 of this Article.
The legal
representative of a person from 06 to under 14 years of ages shall follow
procedures for issuance of an ID card instead of that person.
3. Legal
representatives of incapacitated persons and persons with limited recognition
and behavioral control shall be appointed to assist such persons to follow
procedures specified in Clause 1 of this Article.
4. In case refusal to
issue ID cards, the identification-managing agency shall provide explanation in
writing and clearly state reasons.
Article 24. Cases of
replacement and re-issuance of identity cards
1. An ID card is
replaced in the following cases:
a) Cases specified in
Clause 1 Article 21 of this Law.
b) Information about
family name, middle name, first name and date of birth is changed or corrected;
c) Identity
information is changed; information about portrait photo and fingerprints is
added; gender re-assignment or transition is carried out according to
regulations of law;
d) There is incorrect
information on the identity card;
dd) The card holder
makes request when information on the ID card is changed due to arrangement of
administrative units;
e) Personal
identification number is re-generated;
g) The card holder
makes request.
a) It is lost or
damaged and unused, except for cases specified in Article 21 of this Law;
b) The card holder
has Vietnamese nationality restored under the Law on Vietnamese Nationality.
Article 25.
Procedures for replacement and re-issuance of identity cards
1. Procedures for
re-issuance of ID cards for cases specified in Point b Clause 2 Article 24 of
this Law and replacement of ID cards shall comply with regulations in Article
23 of this Law.
2. If an ID card is
replaced in case of gender re-assignment or transition or change or correction
of information specified in Point b Clause 1 Article 24 of this Law but such
information has not yet been updated and adjusted on the national population database,
a person to be issued with a new ID card shall present legal documents proving
the changed information to carry out procedures for adjustment and update on
the national population database.
3. The
identification-managing agency shall revoke citizen ID cards and ID cards which
have been used in cases of replacement of ID cards.
4. With regard to the
case specified in Point a, Clause 2 Article 24 of this Law, an ID card shall be
re-issued online on the public service portal, the national identification
application or in person at the place of implementation of ID card issuance procedures. The identification-managing agency shall use
the most recently collected information about portrait photos, fingerprints and
irides and existing information on the national population database and the identification
database to re-issue ID cards.
5. The Government
shall elaborate this Article.
Article 26. Time limit for issuance, replacement and re-issuance of identity cards
Article 27. Places
where ID cards are issued, replaced or re-issued
1.
Identification-managing agencies of police authorities of districts, urban
districts, district-level towns, cities of provinces, cities of
central-affiliated cities or identification-managing agencies of police
authorities of provinces or central-affiliated cities where citizens are
residing.
2. ID cards shall be
issued, replaced or re-issued at the identification-managing agency of the
Ministry of Public Security in cases where the head of the
identification-managing agency decides issuance, replacement or re-issuance of
ID cards.
3. If necessary,
identification-managing agencies specified in Clause 1 and Clause 2 of this
Article shall organize implementation of procedures for issuance of ID cards at
communes, wards, district-level towns, agencies, units or places of residence
of citizens.
Article 28. Authority
to issue, replace and re-issue ID cards
The head of the
identification-managing agency of the Ministry of Public Security has authority
to issue, replace and re-issue ID cards.
Article 29.
Revocation and seizure of ID cards
1. An ID card shall
be revoked in the following cases:
a) Denaturalization
or renunciation or annulment of the decision on naturalization of Vietnamese
nationality;
c) Erasure or
correction of information on the ID card.
2. An ID card shall
be seized in the following cases:
a) A person is
serving the judicial measure of education in a reformatory; a person is serving
a decision to impose an administrative handling measure for sending him/her to
a reformatory, a compulsory educational institution or a compulsory
detoxification establishment;
b) A person is in
custody or temporary detention, or is serving an imprisonment sentence.
3. In the period of
seizure of an ID card, the card-seizing agency may consider giving permission
for a citizen to use his/her card to carry out transactions and exercise
his/her legitimate rights and interests.
4. A person whose ID
card is seized according to Clause 2 of this Article may have his/her ID card
returned upon the expiration of the custody or temporary detention period or
when there is a decision on cancellation of custody or temporary detention; or
after having completely served the imprisonment sentence, or the judicial
measure of education in a reformatory or the decision to impose an
administrative handling measure for sending him/her to a reformatory, a
compulsory educational institution or a compulsory detoxification
establishment.
5. Authority to
revoke or seize ID cards is regulated as follows:
a) The
identification-managing agency shall revoke ID cards in cases specified in
Clause 1 of this Article;
b) The agency
receiving documents and returning results when carrying out procedures for
denaturalization or renunciation or annulment of the decision on naturalization
of Vietnamese nationality shall be responsible for revoking ID cards of
citizens for invalidation and notifying the identification-managing agency;
6. The Government
shall elaborate Clause 2 of this Article; and procedures for revoking, seizing,
and returning ID cards.
Article 30. Identity
certificates and identification management with regard to Vietnamese residents
of undetermined nationality issued with identity certificates
1. An ID certificate
is issued to a Vietnamese resident of undetermined nationality who is residing
for 06 months or longer in a commune-level or district-level administrative
unit where the commune-level administrative unit is unavailable.
2. Management of
identification of a Vietnamese resident of undetermined nationality issued with
an ID certificate includes the following contents:
a) Collecting
information about identification of the Vietnamese resident of undetermined
nationality;
b) Updating,
adjusting, extracting, and using information about identification of the
Vietnamese resident of undetermined nationality on the national population
database and the identification database;
c) Generating a
personal identification number for the Vietnamese resident of undetermined
nationality;
d) Issuing,
replacing, re-issuing, revoking, seizing, and returning the ID certificate.
3. Information
printed on an ID certificate includes:
b) A phrase “CỘNG HÒA
XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (THE SOCIALIST REPUBLIC
OF VIETNAM, Independence - Freedom - Happiness);
c) A phrase “CHỨNG NHẬN
CĂN CƯỚC” (IDENTITY CERTIFICATE);
d) Portrait photo,
fingerprints;
dd) Personal
identification number;
e) Family name,
middle name and first name;
g) Date of birth;
h) Gender;
i) Place of
birth;
k) Place of
origin;
m) Religion;
n) Marital status.
o) Current place of
residence;
p) Family name,
middle name and first name, nationality of parents, spouses, legal
representative, guardian, and ward;
q) Date of issuance;
issuing body;
r) Date of expiry.
4. Procedures for
issuing, replacing and re-issuing ID certificates shall be carried out at the
following agencies.
a)
Identification-managing agencies of police authorities of districts, urban
districts, district-level towns, cities of provinces, cities of
central-affiliated cities or identification-managing agencies of police
authorities of provinces, or central-affiliated cities where Vietnamese
residents of undetermined nationality are residing;
b) If necessary,
identification-managing agencies specified in Point a of this Clause shall
organize implementation of procedures for issuance of ID certificates at
communes, wards, district-level towns, agencies, units or places of residence
of Vietnamese residents of undetermined nationality.
a) An ID certificate
is used to prove identification for performance of transactions and exercise of
legitimate rights and interests in the Vietnamese territory
b) Agencies,
organizations and individuals may use personal identification numbers on ID
certificates to inspect information about the certificate holders on the
national population database, the national database and the specialized
database in accordance with law.
In case a Vietnamese
resident of undetermined nationality must present his/her ID certificate at the
request of the competent agency, organization or individual, such
agency/organization/individual must not request him/her to present another
document or provide information certified on the ID certificate, except for
case where information about the person is changed or information on the ID
certificate is not consistent with that on the national population database;
c) The State shall
protect legitimate rights and interests of holders of ID certificates in
accordance with law.
6. The Government
shall elaborate Clause 2 of this Article; authority and procedures for issuing,
replacing, re-issuing, revoking, seizing, and returning ID certificates and
their date of expiry. The Minister of
Public Security shall set the form of each ID certificate.
Chapter IV
ISSUANCE AND
MANAGEMENT OF ELECTRONIC IDENTIFICATION
Article 31.
Electronic identification
1. Each Vietnamese
citizen is issued with 01 electronic identification.
a) Information
specified in Clause 6 through Clause 18 and Clause 25 Article 9, Clauses 2 and
4 Article 15 of this Law;
b) Information
specified in Clause 2 Article 22 of this Law which is integrated at the request
of the citizen and must be certified by the national population database and
the specialized database.
3. E-identification
is used to conduct administrative procedures, public services, transactions and
other activities according to the citizen’s demand.
4. The head of the
identification-managing agency of the Ministry of Public Security has authority
to issue e-identification.
5. The Government
shall provide for procedures for issuing ID certificates.
Article 32.
Connecting, sharing, extracting and using information on the electronic
identification and authentication system
1. The information
system of a State agency, a political organization, a socio-political
organization or a public service provider shall be connected with the
electronic identification and authentication system to extract information
about the e-identity owner, thereby serving online processing of administrative
procedures and public services and other state management activities in
conformity with its functions and tasks which have been assigned via the
electronic identification and authentication platform.
2. The State agency,
political organization, socio-political organization or public service provider
may extract information on the electronic identification and authentication
system via the national identification application, the e-identity web, and ID
cards by using devices and software which meet technical requirements according
to regulations of the Minister of Public Security.
3. An e-identity
owner may extract and share his/her e-identity and other information integrated
into his/her e-identification account on the electronic identification and
authentication system with another
organization/individual via the national identification application or other
forms according to regulations of law.
1. E-identification
is used to prove identification and other information integrated into an ID
card of a citizen issued with e-identification for implementation of
administrative procedures, public services, transactions and other activities
according to the citizen’s demand.
2. During processing
of administrative procedures and public services and implementation of
transactions and other activities, if it is detected that information printed
on an ID card or information encrypted and stored on the storage place of the
ID card is different from that on e-identification, the
agency/organization/individual shall use information on the e-identification.
Article 34. Locking
and unlocking e-identification
1. E-identification
shall be locked in the following cases:
a) The person issued
with e-identification wishes to lock it;
b) The person issued
with e-identification violates an agreement on use of the national
identification application;
c) The person issued
with e-identification has his/her ID card revoked or seized;
d) The person issued
with e-identification is dead;
dd) There is any
request from the criminal proceedings agency or another competent agency.
a) The person issued
with e-identification specified in Point a Clause 1 of this Article wishes to
unlock it;
b) The person issued
with e-identification specified in Point b Clause 1 of this Article has
completely implemented remedial measures for violations against the agreement
on use of the national identification application;
c) The person issued
with e-identification specified in Point c Clause 1 of this Article has his/her
ID card returned;
d) There is any
request from the criminal proceedings agency or another competent agency
specified Point dd Clause 1 of this Article.
3. When locking
e-identification in cases specified in Points a,b,c and dd Clause 1 of this
Article, the identification-managing agency shall notify the person whose
e-identification is locked.
4. The head of the
identification-managing agency of the Ministry of Public Security has authority
to lock and unlock e-identification.
5. The Government
shall provide for procedures for locking and unlocking e-identification.
Chapter V
SATISFACTION OF
CONDITIONS FOR MANAGEMENT OF IDENTIFICATION, NATIONAL POPULATION DATABASE,
IDENTIFICATION DATABASE, AND ELECTRONIC IDENTIFICATION AND AUTHENTICATION
SYSTEM
1. Information
infrastructure of the national population database and the identification
database shall be developed in a qualified, synchronous, accurate and prompt
manner; and built and managed in a centralized and unified manner from central
to local levels.
2. The State shall
ensure that information infrastructure of the national population database, the
identification database or the electronic identification and authentication
system meets requirements for national defense and security and socio-economic development.
Article 36. Persons
managing identification
1. Persons managing
identification include managers; persons assigned to collect, update, adjust,
store information and documents on the national population database and the
identification database; and persons carrying out procedures for issuance,
replacement and re-issuance of ID cards/certificates, and procedures for
issuing, locking and unlocking e-identification; persons carrying out
e-identification process for each Vietnamese citizen and e-authentication
process for each Vietnamese citizen’s e-identity.
2. Persons managing
identification shall be provided with professional training in conformity with
their assigned tasks and vested powers.
3. Persons managing
identification shall be responsible for safety, security, sufficiency and
accuracy of information on identification management.
Article 37.
Satisfaction of requirements for funding and facilities which serve management
of identification, national population database, identification database, and
electronic identification and authentication system
1. The State shall
allocate funding and provide facilities to serve management of identification,
national population database and identification database, and establishment,
management and operation of the electronic identification and authentication system.
2. The State shall
prioritize investment in infrastructure, human resources and technology for the
establishment and management of the national population database.
Article 38. Fees for
extraction and use of information on the national population database and
charges for issuance, replacement and re-issuance of ID cards/certificates
1. When extracting or
using information on the national population database, organizations and
individuals specified in Clause 8 Article 10 of this Law shall pay fees and
charges.
2. Citizens are not
required to pay fees for initial issuance of ID cards.
3. Citizens shall pay
charges for replacement and re-issuance of ID cards, except for the following
cases:
a) Replacement of ID
cards under Point a and Point dd Clause 1 Article 24 of this Law.
b) Incorrect
information on ID cards due to faults of the identification-managing agency.
4. It is not required
to collect charges for issuance, replacement and re-issuance of ID certificates
to Vietnamese residents of undetermined nationality.
Article 39.
Protection of the national population database and the identification database
1. The
identification-managing agency shall:
b) Ensure the safety
of equipment for the collection, storage, transmission, processing and exchange
of information about population and identification;
c) Protect personal
data, and the security of information about population and identification in
computer networks; ensure the safety of information stored in the database;
prevent and control acts of illegally accessing and using or damaging the
national population database and the identification database;
2. The national
population database and the identification database shall be stored in servers
with the application of measures to prevent illegal accession through a
security system of the database administration system and network operating
system.
Chapter VI
STATE MANAGEMENT OF
IDENTIFICATION, NATIONAL POPULATION DATABASE, IDENTIFICATION DATABASE,
ELECTRONIC IDENTIFICATION AND AUTHENTICATION SYSTEM
Article 40. State
management responsibilities for identification, national population database,
identification database, electronic identification and authentication system
1. The Government
shall perform the unified state management of identification, the national
population database, the identification database, and the electronic
identification and authentication system.
2. The Ministry of
Public Security shall play the leading role in assisting the Government to
perform the state management of identification, the national population
database, the identification database and the electronic identification and
authentication system.
Article 41.
Responsibilities of the Ministry of Public Security
2. Organize
dissemination and education about laws and execution of legal documents on
identification, the national population database, the identification database
and the electronic identification and authentication system.
3. Request competent
authorities to terminate or annul execution of or annul, according to its
competence, legal documents on identification, the national population
database, the identification database and the electronic identification and
authentication system of agencies/organizations/individuals in violation of
this Law.
4. Make regulations
on generation, invalidation, and re-generation of personal identification
numbers and submit them to the Government; issue and manage electronic
identification and authentication accounts; back up and restore the national
population database and the identification database.
5. Issue forms used
for management of identification, the national population database, the
identification database and the electronic identification and authentication
system; regulations on management of identification archives; and regulations
on agreement on use of the national identification application.
6. Organize
production, issuance and management of ID cards and certificates, and apply
techniques to security and prevention and control of counterfeiting of ID cards
and certificates; adequately provide facilities, equipment, and technology to
produce ID cards and certificates.
7. Build, manage,
protect, and operate the electronic identification and authentication system;
apply electronic identification accounts to state management, administrative
reform, and prevention and control of natural disasters and epidemics.
8. Organize
construction, management and operation of the electronic identification and
authentication platform; preside over and cooperate with ministries,
ministerial agencies, and governmental agencies in interconnecting national and
specialized databases in order to serve the integration of information and
issuance of e-identification accounts.
9. Connect and
integrate the electronic identification and authentication system with the
electronic identification and authentication platform of the public service
portal so as to handle administrative procedures and provide public services by
electronic means in accordance with the law.
10. Manage the
national population database, identification database, electronic
identification and authentication system; give direction and professional
guidance on management of the identification, national population database,
identification database, electronic identification and authentication system.
12. Make statistics
of identification, the national population database, the identification
database and the identification and authentication system.
13. Examine, inspect,
settle complaints and denunciations, and handle violations related to
management of identification, the national population database, the
identification database, and the identification and authentication system in
accordance with law.
14. Make
international cooperation in management of identification, the national
population database, the identification database and the identification and
authentication system.
Article 42.
Responsibilities of ministries, ministerial agencies and governmental agencies
1. Ministries,
ministerial agencies and governmental agencies, within their tasks and powers,
shall:
a) Cooperate with the
Ministry of Public Security and provincial People’s Committees in performing
the state management and providing mechanisms and policies on development and
application of identification, the national population database, the identification
database and the identification and authentication system;
b) Cooperate with the
Ministry of Public Security in extracting the national population database and
integrating information into ID cards and e-identification.
2. The Ministry of
Justice shall organize implementation and provide and share citizens’ civil
status information with the national population database.
3. The Ministry of
Finance shall preside over and cooperate with the Ministry of Public Security
in, requesting competent authorities to allocate regular funding for operation
of the national population database, the identification database and the identification
and authentication system; and funding for the issuance, replacement and
re-issuance of ID cards/certificates according to regulations of the law on
state budget and other relevant laws.
Article 43.
Responsibilities of Provincial People’s Committees
1. Implement, or
organize the implementation of, legal documents on identification, the national
population database, the identification database and the identification and
authentication system in their provinces.
2. Organize
dissemination and education about the law on identification, the national
population database, the identification database and the identification and
authentication system in their provinces.
3. Within their tasks
and powers, inspect and handle violations against the law on identification,
the national population database, the identification database, and the
identification and authentication system in accordance with law.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 44.
Amendments to the Law on Investment No. 61/2020/QH14 amended by the Law No.
72/2020/QH14, the Law No. 03/2022/QH15, the Law No. 05/2022/QH15, the Law No.
08/2022/QH15, the Law No. 09/2022/QH15 and the Law No. 20/2023/QH15
The phrase “kinh
doanh dịch vụ định danh và xác thực điện tử” (electronic identification and
authentication services) is replaced by the phrase “kinh doanh dịch vụ xác thực
điện tử” (electronic authentication services) in Point 131 Appendix IV - List
of conditional business lines issued together with the Law on Investment No.
61/2020/QH14 amended by the Law No. 72/2020/QH14, the Law No. 03/2022/QH15, the
Law No. 05/2022/QH15, the Law No. 08/2022/QH15, the Law No. 09/2022/QH15 and
the Law No. 20/2023/QH15.
Article 45. Entry into force
2. Regulations in
Clause 3 Article 46 of this Law come into force from January 15, 2024.
3. The Law on Citizen
Identification No. 59/2014/QH13 amended by the Law No. 68/2020/QH14 ceases to
be effective from the effective date of this Law.
Article 46.
Transitional provisions
1. Citizen ID cards
issued before the effective date hereof shall be valid until the expiry date
specified in such cards, except for the case specified in Clause 3 of this
Article. The citizen ID cards will be
replaced by ID cards at the request of citizens.
2. 9-digit ID cards
with expiration dates after December 31, 2024 are only valid until the end of
December 31, 2024. Issued legal documents which contain information of 9-digit
ID cards and citizen ID cards shall remain valid; state agencies must not request
citizens to change or adjust information of their 9-digit ID cards or citizen
ID cards on the issued documents.
3. 9-digit ID cards
and citizen ID cards that expire from January 15, 2024 to before June 30, 2024
may remain valid until the end of June 30, 2024.
4. Regulations on use
of 9-digit ID cards and citizen ID cards in legal documents issued before the
effective date of this Law may be applied to ID cards specified in this Law
until they are amended or replaced.
This Law is approved
in the 6th session of the 15th National Assembly of the Socialist Republic of
Vietnam in November 27, 2023.
CHAIRMAN OF NATIONAL
ASSEMBLY
Vuong Dinh Hue
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