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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 26/2023/QH15
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Hanoi, November 27, 2023
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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.
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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.
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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;
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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
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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;
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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;
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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.
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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.
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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.
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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.
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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.
16. Place
of permanent residence.
17. Place
of temporary residence.
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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
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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;
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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);
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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;
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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.
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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.
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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;
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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.
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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.
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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
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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;
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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;
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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:
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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;
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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.
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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.
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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.
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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
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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
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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.
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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:
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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
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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.
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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.
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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
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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.
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CHAIRMAN OF NATIONAL ASSEMBLY
Vuong Dinh Hue