Nghị định 70/2024/NĐ-CP hướng dẫn Luật Căn cước

DECREE

ELABORATION OF SOME ARTICLES AND MEASURES FOR ENFORCEMENT OF LAW ON IDENTIFICATION

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Identification dated November 27, 2023;

At the request of the Minister of Public Security;

The Government hereby promulgates Decree on elaboration of some articles and measures for enforcement of Law on Identification.

Chapter I

GENERAL PROVISIONS

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This Decree elaborates Clause 26 Article 9, Clause 11 Article 10, Clause 4 Article 12, Clause 2 Article 16, Clause 5 Article 16, Clause 6 Article 22, Clause 5 Article 23, Clause 5 Article 25, Clause 6 Article 29, Clause 6 Article 30 of Law on Identification, management and operation of the information infrastructure of the national population database, generation, invalidation and re-generation of personal identification numbers, verification of information on 9-digit ID card numbers and personal identification numbers.

Article 2. Regulated entities

This Decree applies to Vietnamese citizens, Vietnamese residents of undetermined nationality; and relevant agencies, organizations and individuals.

Chapter II

COLLECTION, UPDATING, ADJUSTMENT, MANAGEMENT, CONNECTION, SHARING AND EXTRACTION OF INFORMATION IN THE NATIONAL POPULATION DATABASE

Article 3. Other information in the national population database

1. In addition to information specified in Clauses 1 thru 25 of Article 9 of the Law on Identification, if other pieces of information related to Vietnamese citizens and Vietnamese residents of undetermined nationality specified in the Appendix issued together with this Decree are available in the national database, specialized databases and other databases managed by agencies and organizations, these pieces of information shall be shared with the national population database in order to serve extraction and common use of information for operations of regulatory bodies, socio-economic development, and establishment of digital government, digital society and digital citizen.

2. The Ministry of Public Security is assigned to preside over and cooperate with ministries, ministerial agencies, governmental agencies, People's Committees of provinces and central-affiliated cities and other relevant agencies and organizations in identifying and unifying the pieces of information specified in Clause 1 of this Article in order to share, collect, update and store them in the national population database, and making specific plans for such sharing, collection, updating and storage in such a way to ensure efficiency, information safety and security.

3. An agency managing the national database and specialized databases shall provide 03 pieces of information on each citizen or Vietnamese resident of undetermined nationality, including his/her full name, date of birth and personal identification number in order to connect, share and synchronize these pieces of information with the national population database.

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1. Management and operation of the information infrastructure of the national population database include the following activities:

a) Preparation for premises, installation and provision of machinery and equipment;

b) Establishment of information system and data connection infrastructure;

c) Development of data architecture;

d) Collection, standardization and input of data;

dd) Retention, backup, system synchronization, data recovery; protection of safety and security of information, and personal data;

e) Training, refresher training and organization of apparatus and development of personnel in charge of management and operation of database;

g) Operation, calibration, upgradation and maintenance of the system;

h) Other activities as prescribed by law.

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3. The national population database shall be regularly backed up at the identification-managing agency affiliated to the Ministry of Public Security, and stored for backup and secured; backups shall be carefully protected, periodically inspected and tested for restoration in order to ensure their readiness for use. The national population database is restored when the data is damaged, cyber-attacked, or accessed illegally.

If the equipment for storing data on population is defective, when delivered to an organization/individual in charge of warranty or repair, it shall be supervised by a competent official and the head of the identification-managing agency affiliated to the Ministry of Public Security shall grant permission. In case of replacement with new equipment, the old equipment shall be retained for management.

Article 5. Collection and updating of information on citizens to the national population database

1. The civil registration authority and the authority managing electronic civil status database shall be responsible for providing and sharing citizen’s civil status registration information with the identification-managing agency when there is any information on citizens specified in Article 9 of the Law on Identification.

2. Each agency or organization managing data on telecommunications service users shall be responsible for connecting and sharing all information about mobile subscriber numbers that are being used by Vietnamese citizens with the identification-managing agency of the Ministry of Public Security for update on the national population database.

3. The Ministry of Public Security shall be responsible for collecting and updating information about citizens to the national population database from the residence database, the identification database, the civil status database, other national and specialized databases, and other databases.

4. Police authorities of provinces where citizens reside shall be responsible for processing and standardizing available data on local population for update on the national population database; collecting and updating information about citizens residing in their provinces from archives to the national population database; collecting and updating information about citizens from issuance, replacement, and re-issuance of ID cards; cooperating with competent authorities to collect and update citizen information from the electronic civil status database or civil status documents and books.

5. Police authorities of districts where citizens reside shall be responsible for collecting and updating information about citizens residing in their districts to the national population database from residence management books; archives; and information from issuance, replacement and reissuance of ID cards; and procedures for registration of, change and adjustment to residence information of citizens for districts without commune-level administrative units; cooperating with competent authorities to collect and update citizen information from the electronic civil status database or civil status documents and books.

6. Police authorities of communes where citizens reside shall be responsible for collecting and updating information about citizens residing in their communes to the national population database on the basis of information from registration, declaration of and adjustment to residence information of citizens; residence management books; and cooperating with competent authorities to collect and update citizen information from the electronic civil status database or civil status documents and books. In case the above-mentioned information and documents on citizens are unavailable or inadequate, citizens may provide these information and documents by population information collection forms or written requests for processing identification procedures.

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8. Collection and updating of information to the national population database shall meet the following requirements. To be specific:

a) The information may be only collected and updated to the national population database when it has been inspected in order to ensure that it is authentic, legal and accurate;

b) If the information is collected from different sources and it is not uniform, when collecting information, competent authorities specified in Clause 3, Clause 4, Clause 5 and Clause 6 of this Article shall cooperate with civil registration authorities, relevant agencies or individuals in inspecting the legality of such information and assuming their responsibilities for the information.

c) All information collected and updated to the national population database shall be fully stored and shall indicate contents, reasons and agencies or individuals giving updates and making change and adjustment.

Article 6. Adjustment to information about citizens on the national population database

1. Adjustment to information on the national population database means adjustment to information on citizens when there are changes or errors during collection, updating and management of information by connecting, sharing and synchronizing data between the national population database and other databases or as requested by such citizens.

2. The identification-managing agency affiliated to the Ministry of Public Security shall cooperate with relevant agencies in inspecting, authenticating and synchronizing data on the national population database with data on other databases in an automatic and accurate manner.

3. Procedures for adjustment to information on the national population database at the request of a citizen shall be followed as follows:

a) The citizen shall submit an application for adjustment to information on the national population database via the national public service portal or public service portal of the Ministry of Public Security or the national identification application or in person at the nearest police authority;

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c) If the police authority receiving the application is not the police authority of commune or district (without commune-level administrative units) where the citizen resides, this police authority shall immediately transfer the application for adjustment to information to the police authority of commune or district (without commune-level administrative units) where the citizen permanently resides or temporarily resides in case the citizen has no permanent residence or currently resides in case the citizen has no permanent/temporary residence in order to process the application and notify the citizen of results;

d) Within 02 working days from the date of receipt of the application, the head of police authority of commune or district (without commune-level administrative units) where the citizen resides shall be responsible for inspecting the legality and accuracy of the information before adjustment to it on the national population database; in case of refusal to adjust the information, a written reply stating reasons shall be provided.

Article 7. Connecting and sharing information with the national population database

1. Other national and specialized databases, the national data center, public service portals, information systems for handling administrative procedures, data integration and sharing platforms at ministerial and provincial levels and other information systems of state agencies, other databases shall be connected to the national population database through telecommunications networks, Internet, computer networks and information systems according to regulations of law on management, connection and sharing of digital data of regulatory bodies.

2. When the information is connected and shared with the national population database, an information system of a regulatory body shall meet the following requirements in order to secure information, ensure information safety and security and protect personal data:

a) Satisfying standards and technical regulations on information technology upon connecting and sharing information with the national population database.

b) Ensuring information safety at level 3 or higher according to regulations of law on assurance of safety of information systems by levels upon official connection.

3. According to regulations in Clause 1 of this Article, the information shall be connected and shared on the basis of a written agreement between the Ministry of Public Security and the governing body of database and information system.

4. The identification-managing agency affiliated to the Ministry of Public Security shall be responsible for giving a written notification of refusal or suspension of connection and sharing of information on the national population database in the following cases:

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b) The agency/organization to which connection is established illegally accesses, changes, deletes, invalidates or discloses information on the national population database;

c) The agency/organization to which connection is established violates regulations on protection of personal data or contents under the written agreement with the Ministry of Public Security according to Clause 3 of this Article.

Article 8. Access to information about citizens on the national population database

1. Regulatory bodies, political organizations and socio-political organizations may access information on the national population database to serve state management within their assigned, tasks, functions and powers by methods for accessing information specified in Clause 5, Article 10 of the Law on Identification.

Information systems shall provide information about every citizen to be accessed, including his/her full name, date of birth and personal identification number and the national population database shall provide information relevant to functions and tasks of agencies and organizations accessing information.

2. Credit institutions, intermediary payment service providers, telecommunications and mobile service providers, electronic authentication service providers, trust service providers, notary's offices, bailiff offices and other public service providers may access information on the national population database by methods for accessing information specified in points b, c, d, dd and e Clause 5 Article 10 of the Law on Identification.

3. By methods for accessing information specified in points b, c, d, dd and e Clause 5 Article 10 of the Law on Identification and through information systems for processing administrative procedures at ministerial and provincial levels, citizens may access information about themselves on the national population database in order to follow administrative procedures and perform other operations according to their demands. Each citizen shall provide information, including his/her personal identification number, full name and date of birth, and may receive necessary information from the national population database according to his/her demands.

4. Organizations and individuals not regulated by Clauses 1, 2 and 3 of this Article may access information on the national population database by methods for accessing information specified in points c, d and dd Clause 5 Article 10 of the Law on Identification.

5. Organizations and individuals specified in Clauses 2 and 4 of this Article may access information on the national population database when the identification-managing agency and individuals that are information owners grant permission.

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Article 9. Power to give permission for access to and provision of information about citizens on the national population database

1. The head of identification-managing agency affiliated to the Ministry of Public Security has power to give permission to regulatory bodies, political organizations, socio-political organizations; credit institutions; intermediary payment service providers, telecommunications and mobile service providers, electronic authentication service providers and trust service providers for access to information on the national population database nationwide by methods specified in Clause 5 Article 10 of the Law on Identification.

2. Directors of provincial police authorities have power to access information on the national population database to provide such information for provincial regulatory bodies, political organizations and socio-political organizations; notary's offices, bailiff offices and other public service providers under their management when there are written requests for access to and provision of information.

3. Heads of police authorities of districts have power to access information on the national population database to provide such information for regulatory bodies, political organizations and socio-political organizations of districts and communes and other organizations whose headquarters are located in districts and communes under their management according to regulations in Clause 4 Article 8 of this Decree when there are written requests for access to and provision of information.

4. Heads of police authorities of communes have power to access information on the national population database to provide such information for individuals residing in communes under their management according to Clause 3 and Clause 4 Article 8 of this Decree when there are written requests for access to and provision of information.

5. Competent persons specified in Clause 1, Clause 2, Clause 3, Clause 4 of this Article shall decide to give permission for access to and provision of information on the national population database to agencies and organizations specified in Clause 8 Article 10 of the Law on Identification when owners of such information grant permission.

Article 10. Procedures for accessing information about citizens on the national population database

1. Access to information by way of directly connecting and sharing information with the national population database

a) The identification-managing agency affiliated to the Ministry of Public Security shall issue an account to each agency/organization for access to information on the national population database;

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c) The individual granted right to use the account of the agency/organization may use this account to search and access citizen information on the national population database via the information system of the agency/organization. A searcher shall input his/her information, including full name; date of birth and personal identification number and select other information to be accessed on the national population database;

d) The information system of the agency/organization shall send a request for access to information to the national population database via the account issued by the identification-managing agency affiliated to the Ministry of Public Security. The accessed information shall be expressed in written or electronic form and stored at the information system that allows information to be connected, shared and accessed.

dd) The identification-managing agency affiliated to the Ministry of Public Security shall be responsible for inspecting and authenticating the account information and returning the accessed information as requested within its jurisdiction and the scope of information that may be accessed.

2. Access to information via the national public service portal or public service portal of the Ministry of Public Security

a) Each agency/organization specified in Clause 1 Article 8 of this Decree shall access information on the national population database via the national population database, the national public service portal or public service portal of the Ministry of Public Security according to guidelines for connecting, integrating and sharing data issued by the Ministry of Public Security;

b) Each organization/individual specified in Clause 2, Clause 3 Article 8 of this Decree shall access information on the national population database via the national public service portal or public service portal of the Ministry of Public Security according to guidelines provided in the public service portal;

c) Within 03 working days from the date of receipt of the request for access to information on the national population database from the agency/organization/individual, the competent person specified in Article 9 of this Decree shall consider deciding to grant permission for access to information on the national population database to the agency/organization/individual specified in Article 8 of this Decree. If the permission for access is granted, the information shall be provided for the agency/organization/individual. In case of refusal to grant permission, a written reply stating reasons shall be provided.

The information owner shall decide whether to allow the organization/individual not regulated by Clause 1 Article 8 of this Decree to access information on the national population database via the national identification application or other online public services.

3. Access to information via the national identification application

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b) The organization/individual not regulated by point a of this Clause shall log into the national identification application to access information of the individual on the national population database according to guidelines provided in the national identification application; the access to information shall obtain permission from the owner of information to be accessed via the national identification application.

4. Access to information via the electronic identification and authentication platform

a) The agency/organization specified in Clause 1 Article 8 of this Decree shall directly connect with the electronic identification and authentication platform to access information on the national population database under the written agreement with the Ministry of Public Security;

b) Each organization/individual specified in Clause 2, Clause 4 Article 8 of this Decree shall connect to the electronic identification and authentication platform via the information system of the electronic authentication service provider to access information on the national population database. The access to information shall adhere to a written agreement with the electronic authentication service provider and comply with regulations in Clause 5 Article 8 of this Decree.

5. Access to information by a written request for access to and provision of information

a) Each agency/organization/individual shall make and send a written request for access to, and provision of information on the national population database to the competent person specified in Article 9 of this Decree;

b) The written request for access to and provision of information shall specify purposes, contents and scope of information to be accessed on the national population database, and include commitment to take responsibility for use of the accessed information and permission of the owner of information to be accessed;

c) Within 03 working days from the date of receipt of the written request for access to information on the national population database from the agency/organization/individual, the competent person specified in Article 9 of this Decree shall consider deciding to grant permission for access to information on the national population database;

d) If the permission for access is granted, a written reply and the information shall be provided for the agency/organization/individual. In case of refusal to grant permission, a written reply stating reasons shall be provided.

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1. Each Vietnamese citizen shall be granted a personal identification number which is not identical to another’s number by the identification-managing agency affiliated to the Ministry of Public Security when his/her information is collected and updated to the national population database.

2. Generation of a personal identification number to an applicant for birth registration

The civil registration and management authority and the electronic civil status database management authority shall be responsible for transferring information of the person whose birth is registered to the national population database by connecting, sharing and synchronizing data; To be specific: the following information shall be collected in order to generate a personal identification number:

a) Full name;

b) Date of birth;

c) Gender;

d) Place of birth registration;

dd) Place of birth;

e) Place of origin;

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h) Nationality;

i) Full name, nationality of parents or legal representative (if any); except for the case where the legal representative or parents cannot be identified.

3. The national population database shall receive birth registration information from the electronic civil status database, automatically conduct inspection, generate the personal identification number and immediately transfer it to the civil registration and management authority. If there is any incorrect information provided by the electronic civil status database, it shall be adjusted according to Clause 2 Article 6 of this Decree.

4. Generation of a personal identification number to a citizen who has a birth certificate

a) If a citizen has a birth certificate but has not yet been issued with a personal identification number, the police authority of commune where he/she resides shall be responsible for collecting and updating information on the citizen according to regulations in Clause 6 Article 5 of this Decree. The head of the identification-managing agency affiliated to the Ministry of Public Security shall generate and grant the personal identification number to the citizen on the basis of the information collected and updated to the national population database;

b) In case a citizen has a birth certificate, is residing overseas and has not yet been granted a personal identification number, the identification-managing agency affiliated to the Ministry of Public Security shall cooperate with the Ministry of Foreign Affairs and relevant authorities in collecting and updating information to the national population database and generating and granting the personal identification number to the citizen;

The information on the Vietnamese citizen who is residing overseas shall be collected by the identification-managing agency by way of using a population information collection form through a Vietnam’s overseas representative mission; the Vietnam’s overseas representative mission shall send the population information collection form prepared by the applicant for collection and updating of information to the identification-managing agency affiliated to the Ministry of Public Security in order to update information to the national population database;

c) After the personal identification number of the citizen is generated, the identification-managing agency shall give a written notification to the citizen of generation of personal identification number and citizen information available on the national population database through the Vietnam’s overseas representative mission.

5. Regarding a foreigner granted Vietnamese citizenship, the Ministry of Justice shall be responsible for sending information about naturalization and the foreigner according to regulations in Clause 2 of this Article to the identification-managing agency affiliated to the Ministry of Public Security in order to collect and update information to the national population database and generate and grant a personal identification number to the foreigner.

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7. Cases of invalidation or re-generation of a personal identification number

a) The citizen has undergone sex reassignment or has his/her civil status corrected due to inaccurate information on his/her birth year according to regulations of law on civil status registration and other relevant laws;

b) There is incorrect information on place of birth registration, birth year or gender of the citizen upon collection and updating of information to the national population database;

c) The identification-managing agency detects and takes actions against acts of using forged papers, documents and data, or providing forged documents and information to collect and update information on population, and issue a 9-digit ID card, citizen ID card or ID card;

d) The civil status registration authority revokes or invalidates a birth certificate illegally issued.

8. In cases specified in point a and point b Clause 7 of this Article, the invalidation or re-generation of a personal identification number shall meet the citizen’s demands. If the citizen does not apply for invalidation or re-generation of his/her personal identification number, he/she may continue to use his/her current personal identification number

9. The identification-managing agency shall be responsible for cooperating with relevant agencies and organizations to inspect, verify, invalidate or re-generate personal identification numbers in cases specified in point c, point d Clause 7 of this Article.

If the citizen applies for invalidation or re-generation of his/her personal identification number according to regulations in point a, point b Clause 7 of this Article, he/she shall make declaration and submit a written request for processing identification procedures through the national public service portal, the public service portal of the Ministry of Public Security, the national identification application or in person at the police authority of commune where he/she is residing.

10. Within 10 days from the date of receipt of an application for invalidation or re-generation of personal identification number from the citizen according to Clause 8 of this Article, the police authority of commune where the application is received shall be responsible for inspecting and verifying the accuracy of the application and requesting the identification-managing agency affiliated to the Ministry of Public Security to invalidate or re-generate the personal identification number of the citizen via the national population database.

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Article 12. Verification of 9-digit ID card number or personal identification number

1. A 9-digit ID card number or personal identification number invalidated shall be encoded and integrated into QR code on an ID card. Each agency/organization/individual may scan QR code and use 9-digit ID card number or personal identification number invalidated and extracted from QR code to process administrative procedures, operate public services, and carry out other transactions and operations; must not request a citizen provide and verify his/her 9-digit ID card number or personal identification number invalidated.

2. In case the 9-digit ID card number or personal identification number invalidated is updated to the national population database, the identification-managing agency or the police authority of commune shall be responsible for verifying the 9-digit ID card number or personal identification number invalidated at the request of the citizen.

3. The citizen shall submit an application for verification of 9-digit ID card number or personal identification number via the national public service portal, the public service portal of the Ministry of Public Security or the national identification application or in person at the identification-managing agency or the police authority of commune. The application includes:

a) A written request for processing identification procedures;

b) 9-digit ID card (if any).

4. Within 03 working days from the date of receipt of the complete application, the identification-managing agency or the police authority of commune where the application is received shall be responsible for verifying the personal identification number invalidated or the 9-digit ID card number in case the 9-digit ID card number is updated to the national population database.

5. If the 9-digit ID card number has not yet been updated to the national population database, within 07 working days from the date of receipt of the complete application, the identification-managing agency or the police authority of commune where the application is received shall be responsible for inspecting and verifying the 9-digit ID card number.

6. Results of processing procedures for issuance of a written verification of 9-digit ID card number or personal identification number shall be returned to the citizen by the identification-managing agency or the police authority of commune in the written or electronic form at the request of the citizen.

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Chapter III

COLLECTION, UPDATING, ADJUSTMENT, CONNECTION, SHARING AND ACCESS TO INFORMATION ON IDENTIFCATION DATABASE

Article 13. Collection and updating of information on identification database

1. Information specified in Clauses 1 thru 12, Clauses 15 thru 18, Clause 24 and Clause 25 Article 9 of the Law on Identification shall be collected and updated from the national population database. Information specified in Clause 13 and Clause 14 Article 9 of the Law on Identification shall be collected and updated from the archive and the task of processing identification procedures.

2. Identity information, biometric identifiers, including portrait pictures, fingerprints and irides shall be collected and updated when procedures for issuance, replacement or re-issuance of ID cards to citizens are followed.

3. Each citizen shall apply for collecting and updating his/her biometric identifiers, including DNA and voice in person at the identification-managing agency or the national identification application.

4. Biometric identifiers, including DNA and voice updated to the identification database shall meet the following requirements:

a) The agency/organization examining, analyzing and creating biometric identifiers shall satisfy technical regulations and standards as instructed by the Ministry of Public Security;

b) The created biometric identifiers shall have legal validity and be able to identify the exact citizen on the identification database.

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6. Procedures for collecting and updating DNA to the identification database shall be followed as follows:

a) The citizen shall submit an application for collection and updating of his/her DNA to the identification database to the identification-managing agency;

b) The application shall include a written request for processing identification procedures and a legal document verifying results of examination, analysis and storage of DNA provided by the agency/organization specified in Clause 5 of this Article (if any);

c) If the citizen’s DNA is available on the information system of the agency/organization specified in Clause 5 of this Article, within 07 working days from the date of receipt of the application from the citizen, the identification-managing agency shall cooperate with the agency/organization in inspection, comparison and verification in order to ensure the accuracy before collecting and updating DNA to the identification database;

d) If the citizen’s DNA is not available on the information system of the agency/organization specified in Clause 5 of this Article, the identification-managing agency shall give a written notification clearly stating reasons to the citizen and instructing the citizen to follow procedures for collecting and updating his/her DNA to the information system of the agency/organization specified in Clause 5 of this Article.

7. Procedures for collecting and updating voice to the identification database shall be followed as follows:

a) The citizen shall submit an application for collection and updating of his/her voice to the identification database to the identification-managing agency;

b) The application shall include a written request for processing identification procedures; a legal document verifying results of collection, analysis and storage of voice provided by the agency/organization specified in Clause 5 of this Article (if any); and a declaration of normal vocal health in the case specified in point d of this Clause;

c) If the citizen’s voice is available on the information system of the agency/organization specified in Clause 5 of this Article, within 07 working days from the date of receipt of the application from the citizen, the identification-managing agency shall cooperate with the agency/organization in inspection, comparison and verification in order to ensure the accuracy before collecting and updating voice to the identification database;

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8. Occupation information shall be collected and updated by way of connecting and sharing information with the national database or other specialized databases or provided by each citizen during issuance, replacement or re-issuance of his/her ID card.

9. Citizen information shall only be collected and updated to the identification database after it is verified that the information is accurate. If the citizen detects the inaccurate information on the identification database, he/she is entitled to request the identification-managing agency to adjust the information.

Article 14. Adjustment to information on identification database

1. Adjustment to information on the identification database means adjustment to information on citizens or Vietnamese residents of undetermined nationality when there are changes or errors during collection, updating and management of information by way of connecting, sharing and synchronizing data between the identification database and other databases or as requested by such citizens or Vietnamese residents of undetermined nationality.

2. The identification-managing agency affiliated to the Ministry of Public Security shall automatically inspect, verify, adjust and update the citizen information on the identification database when there is any change in information and the information is synchronized from the national population database or other specialized databases.

3. Procedures for adjustment to information on the identification database as requested by a citizen shall be followed as follows:

a) The citizen applying for adjustment to the information on the deification database in the cases specified in Clauses 1 thru 18, Clause 24 and Clause 25 Article 9 of the Law on Identification shall follow procedures specified in Clause 3 Article 6 of this Decree;

The adjusted information on the national population database will be updated, shared and synchronized with the identification database;

b) The citizen applying for adjustment to information specified in Clause 2, Clause 3 Article 15 of the Law on Identification shall follow procedures for replacement of his/her ID card. Procedures for replacement of the ID card shall comply with regulations in Article 21 of this Decree;

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Within 02 working days from the date of receipt of the application for adjustment to information from the citizen, the identification-managing agency which receives the application shall be responsible for adjusting the citizen information on the identification database; in case of refusal to adjust the information, a written reply stating reasons shall be provided.

Article 15. Responsibilities for collection, updating and adjustment to information on citizen on identification database

1. The identification-managing agency shall be responsible for collecting, updating and adjusting information on each citizen on the identification database by issuance, replacement or re-issuance of his/her ID card.

2. If the citizen information is not available or accurate, the identification-managing agency shall be responsible for instructing the citizen to collect, update and adjust the information on the national population database according to regulations in Article 6 and Article 7 of this Decree before issuing, replacing or re-issuing his/her ID card.

3. The identification-managing agency shall be responsible for cooperating with relevant agencies, organizations and individuals to inspect the information when collecting, updating and adjusting the information on the identification database, thereby ensuring the accuracy and unity.

4. The identification-managing agency affiliated to the Ministry of Public Security shall be responsible for regularly backing up the identification database; backups shall be safely protected, periodically inspected and tested for restoration in order to ensure their readiness for use. The identification database is restored when the data is damaged, cyber-attacked, or accessed illegally.

If the equipment for storing data on identification is defective, when delivered to an organization/individual in charge of warranty or repair, it shall be supervised by a competent official and the head of the identification-managing agency affiliated to the Ministry of Public Security shall grant permission. In case of replacement with new equipment, the old equipment shall be retained for management.

Article 16. Connecting and sharing information with the identification database

1. National and specialized databases and specialized information systems of regulatory bodies, political organizations, and socio-political organizations shall have their information connected and shared with the identification database via telecommunications networks, computer networks and specialized networks in order to serve state management within their the assigned tasks, functions and powers.

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3. The information shall be connected and shared between the identification database and another information system on the basis of a written agreement between the Ministry of Public Security and the authority governing such information system and the information system of the regulatory body shall meet the following requirements in order to secure information, ensure information safety and security and protect personal data when the information is connected and shared with the identification database.

a) Complying with standards and technical regulations on information technology upon connecting and sharing information with the identification database.

b) Ensuring information safety at level 3 or higher according to regulations of law on assurance of safety of information systems by levels upon official connection.

4. The identification-managing agency affiliated to the Ministry of Public Security shall be responsible for giving a written notification of refusal or suspension of connection and sharing of information with the identification database in the following cases:

a) The information system of the agency/organization applying for connection fails to meet requirements specified in Clause 3 of this Article;

b) The agency/organization to which connection is established illegally accesses, changes, deletes, invalidates or discloses information on the identification database;

c) The agency/organization to which connection is established violates regulations on protection of personal data or contents under the written agreement with the Ministry of Public Security according to Clause 3 of this Article.

Article 17. Access to information about citizens on the identification database

1. The information about citizens on the identification database may be accessed in the following cases:

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b) Investigation bodies, authorities and persons given authority to institute proceedings may access the information to serve investigation, prosecution and judgment.

c) Local police authorities may access the information in order to respond to requests for prevention and control of crimes and perform other official tasks of the People's Public Security Force;

d) Citizens may access their information on the identification database;

dd) Organizations and individuals other than those specified in points a, b, c and d of this Clause may access information on citizens on the identification database so as to serve electronic authentication and development of digital economy, digital society and digital citizen when obtaining permission of such citizens.

2. Methods for accessing information about citizens on the identification database

a) Agencies and organizations specified in points a, b and c Clause 1 of this Article may access information on the identification database by way of connecting and sharing information according to regulations in Article 16 of this Decree on the electronic identification and authentication platform, the national identification application or submitting written requests for access to the information;

b) Individuals may access their information on the identification database via written requests for access to the information or the national identification application.

c) Organizations specified in point d Clause 1 of this Article may access information on the identification database via the electronic identification and authentication platform or written requests for access to the information;

d) Individuals specified in point dd Clause 1 of this Article may access information on the identification database via written requests for access to the information.

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1. Access to information by a written request for provision of information

a) The agency/organization/individual shall send a written request for provision of information on the identification database to the identification-managing agency affiliated to the police authority of district or province where the citizen is residing;

b) The written request for provision of information shall specify purposes, contents and scope of information to be accessed on the identification database, and include commitment to take responsibility for use of the accessed information and permission of the owner of information to be accessed in case of access to the information specified in point dd Clause 1 Article 17 of this Decree;

c) Within 01 working day, the identification-managing agency affiliated to the police authority of district or province shall transfer the written request for provision of information on the identification database to the head of the identification-managing agency affiliated to the Ministry of Public Security;

d) Within 01 working day, the head of the identification-managing agency affiliated to the Ministry of Public Security shall consider approving the written request and granting permission for access to the information;

dd) Within 01 working day from the date on which the head of the identification-managing agency affiliated to the Ministry of Public Security grants approval, the identification-managing agency affiliated to the police authority of district or province shall provide the information on the identification database for the agency/organization/individual;

e) In case of refusal to provide the information, a written reply stating reasons shall be provided.

2. A citizen issued with e-identification shall log into the national identification application to send a request for access to his/her information on the identification database.

3. The information on the identification database shall be accessed via the electronic identification and authentication platform according to regulations of law on electronic identification and authentication.

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Chapter IV

INTEGRATION, UPDATING, ADJUSTMENT, USE AND ACCESS TO INFORMATION ON ID CARD; ISSUANCE, REPLACEMENT, RE-ISSUANCE, REVOCATION, SEIZURE AND RETURN OF ID CARD

Article 19. Integration of information into ID card and use and access to information integrated.

1. Information on documents integrated into an ID card shall be expressed in characters and include all information on documents verified via national and specialized databases, and updated and synchronized with the national population database. This information shall be transferred to a system of production, issuance and management of identification for the purpose of integration into the ID card.

2. Citizens shall grant permission for access to and use of information integrated into their ID cards by authentication via specialized devices.

Article 20. Procedures for integrating, updating and adjusting information on ID cards

1. A citizen shall submit an application for integration, updating and adjustment to information displayed on his/her ID card via the national public service portal or public service portal of the Ministry of Public Security or the national identification application or in person at the identification-managing agency;

2. Procedures for integrating information into an ID card upon following procedures for issuance, replacement or re-issuance of a citizen's ID card at the identification-managing agency shall be followed as follows:

a) During implementation of procedures for issuance, replacement or re-issuance of the ID card, the citizen shall provide information to be integrated into his/her ID card via a written request for processing identification procedures;

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c) The identification-managing agency affiliated to the Ministry of Public Security shall inspect, compare and verify information proposed to be integrated via the identification database, national and specialized databases and integrate the successfully verified information;

d) The identification-managing agency which receives the application shall notify the result of integration of information when returning the ID card to the citizen.

3. Procedures for integrating, updating and adjusting information on the ID card issued via the national public service portal, public service portal of the Ministry of Public Security or the national identification application shall be followed as follows:

a) The citizen shall select information to be integrated, updated or adjusted that is available on the national population database, the identification database; register the date and the identification-managing agency in charge of integration;

b) The citizen shall submit an application for integration, updating and adjustment to information on his/her ID card issued in person the identification-managing agency according to regulations in Clause 4 of this Article.

4. Procedures for integrating, updating and adjusting information on the ID card issued at the identification-managing agency shall be followed as follows:

a) The identification-managing agency which receives the application shall request the citizen to present his/her ID card issued in order to verify his/her identity; select information to be integrated, updated or adjusted that is available on the national population database, the identification database to integrate, update and adjust information on the ID card;

b) If the information proposed to be integrated, updated or adjusted is not available on the national population database, the identification database, the identification-managing agency which receives the application shall receive and transfer the application for integration, updating and adjustment to information to the identification-managing agency affiliated to the Ministry of Public Security for verification of the information proposed to be integrated via national and specialized databases. After successful verification, the information shall be integrated, updated or adjusted to the ID card.

5. In case a person under 6 years of age applies for issuance, replacement or re-issuance of his/her ID card or a citizen applies for re-issuance of his/her ID card when the ID card is lost or damaged and cannot be used via the national public service portal or public service portal of the Ministry of Public Security or the national identification application, procedures for integrating information into the ID card shall be followed as follows:

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b) The identification-managing agency affiliated to the Ministry of Public Security shall inspect, compare and verify information proposed to be integrated via the identification database, national and specialized databases and integrate the successfully verified information;

c) The identification-managing agency affiliated to the Ministry of Public Security shall notify the result of integration of the information when returning the ID card to the citizen;

d) The citizen or the legal representative of the person under 6 years of age shall pay fees for integration, updating or adjustment to information on the ID card and delivery services according to regulations of the law on fees and charges.

6. The head of the identification-managing agency affiliated to the Ministry of Public Security has power to decide integration, updating or adjustment to information on ID cards.

Article 21. Procedures for issuing, replacing or re-issuing ID cards

1. Procedures for issuing, replacing or re-issuing an ID card at an identification-managing agency shall be followed as follows:

a) A citizen shall submit an application for issuance, replacement or re-issuance of the ID card and provide information, including his/her full name, personal identification number and place of residence at the identification-managing agency specified in Clause 1 or Clause 2 Article 27 of the Law on Identification. The recipient shall inspect and compare the information with the national population database;

If the applicant for issuance, replacement or re-issuance of the ID card is the legal representative of the person under 14 years of age, the application for issuance, replacement or re-issuance of the ID card shall include a legal document proving that he/she is the legal representative of the person under 14 years of age;

b) If the citizen information is not available on the national population database or accurate, the recipient shall adjust the information according to regulations in Article 6 of this Decree before processing procedures for issuance, replacement or re-issuance of the ID card;

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2. Procedures for issuing, replacing or re-issuing of an ID card via the national public service portal or public service portal of the Ministry of Public Security or the national identification application shall be followed as follows:

a) A citizen shall follow procedures and inspect his/her information accessed on the national population database. If the information is accurate, he/she shall register the date and the identification-managing agency to follow procedures, the system will provide confirmation and automatically transfer his/her application to the identification-managing agency where the citizen applies for issuance, replacement or re-issuance of his/her ID card;

The citizen shall follow procedures for issuance, replacement or re-issuance of his/her ID card under regulations in Clause 1 of this Article at the identification-managing agency on the date as registered;

b) If the citizen’s ID card is lost or damaged and cannot be used, the citizen shall follow procedures for re-issuance and inspect his/her information accessed on the national population database. If the information is accurate, the confirmation shall be provided and the application for re-issuance of the ID card shall be transferred to the identification-managing agency which will consider processing procedures for re-issuance of the ID card according to regulations in Clause 4 Article 25 of the Law on Identification;

c) If the legal representative follows procedures for issuing, replacing or re-issuing the ID card to the person under 6 years of age, he/she shall follow procedures and inspect information on the person under 6 years of age on the national population database. If the information is accurate, the legal representative shall provide confirmation to transfer the application to the identification-managing agency which will consider processing procedures for issuing, replacing or re-issuing the ID card.

3. In case a citizen ID card is replaced with an ID card or an ID card is replaced, the recipient shall be responsible for revoking the 9-digit ID card, the citizen ID card or the ID card that is being used.

4. If the citizen fails to follow procedures for issuing, replacing or re-issuing the ID card at the identification -managing agency on the date as registered, the system receiving the citizen’s application will automatically cancel the appointment at the end of the working day. If the citizen wishes to have his/her ID card issued, replaced or re-issued, he/she shall make another appointment.

5. The identification-managing agency shall establish mobile stations to receive applications for issuance, replacement or re-issuance of ID cards to Vietnamese citizens who reside in Vietnam and foreign countries within its capacity in accordance with regulations of the Law on Identification, international treaties and agreements to which Vietnam is a signatory.

Article 22. Procedures for revoking ID cards

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a) When following procedures for revocation or renunciation of Vietnamese citizenship or invalidation of the naturalization decision, the agency receiving applications and returning results shall take a record of revocation of the ID card of the person who has his/her Vietnamese citizenship revoked, renounces Vietnamese citizenship, or has the naturalization decision invalidated;

b) Within 10 days from the date of issuance of a decision on revocation or renunciation of Vietnamese citizenship or invalidation of the naturalization decision, the Ministry of Justice shall give a written notification enclosed with the revoked ID card to the identification-managing agency affiliated to the Ministry of Public Security.

 When following procedures for revocation or renunciation of Vietnamese citizenship or invalidation of the naturalization decision, in case the agency receiving applications and returning results is not able to revoke the ID card of the person who has his/her Vietnamese citizenship revoked, renounces Vietnamese citizenship, or has the naturalization decision invalidated, it shall specify this in a written notification and give such notification to the identification-managing agency affiliated to the Ministry of Public Security for verification and revocation of the ID card according to regulations;

c) Within 03 working days from the date of receipt of the written notification from the Ministry of Justice, the identification-managing agency affiliated to the Ministry of Public Security shall be responsible for invalidating the ID card and updating information about the person who has his/her Vietnamese citizenship revoked, renounces Vietnamese citizenship, or has the naturalization decision invalidated to the national population database, the identification database;

d) In case the identification-managing agency detects a person whose ID card must be revoked according to regulations in point a Clause 1 Article 29 of the Law on Identification, it shall invalidate his/her ID card and update information about such person on the national population database, the identification database; take a record of revocation of the ID card if the person still holds his/her ID card and he/she shall return his/her ID card to the identification-managing agency that has taken the revocation record.

2. Procedures for revoking an ID card illegally issued or an ID card whose information is erased or corrected shall be followed as follows:

a) When there is any ground that the ID card is illegally issued or the information on the ID card is erased or corrected, the agency/organization/individual shall be responsible for notifying the identification-managing agency to carry out inspection and verification and request the ID card holder to return his/her ID card;

b) Within 07 working days, the identification-managing agency shall be responsible for carrying out inspection and verification, revoking the ID card illegally issued or the ID card whose information is erased or corrected and notifying the identification-managing agency affiliated to the Ministry of Public Security.

3. The identification-managing agency affiliated to the Ministry of Public Security shall update status and lock e-identification in case ID cards are revoked.

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Article 23. Seizure of ID cards and procedures for seizing or returning ID cards

1. A person who is serving the judicial measure of education in a reformatory; a person who 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; a person who is in custody or temporary detention, or is serving an imprisonment sentence shall present and return his/her ID card to the agency executing the decision on custody or temporary detention; the agency executing imprisonment sentence; the agency executing the judicial measure of education in a reformatory; or the agency executing the decision to impose an administrative handling measure for sending him/her to a reformatory, a compulsory educational institution or a compulsory detoxification establishment for management; except for the case where the person does not hold the ID card.

2. A person assigned to manage the seized ID card shall be responsible for preserving the ID card during the seizure period.

3. Procedures for seizing or returning an ID card shall be followed as follows:

a) When seizing or returning an ID card, an authority having power to seize the ID card shall keep a record so as to monitor seizure or return of the ID card and the record shall be certified by the person seizing the ID card and the person who has his/her ID card seized;

b) The authority having power to seize the ID card shall be responsible for notifying the seizure or return of the ID card to the identification-managing agency affiliated to the Ministry of Public Security in order to lock or unlock e-identification according to regulations.

Chapter V

COLLECTION, UPDATING, ACCESS AND USE OF INFORMATION ABOUT VIETNAMESE RESIDENTS OF UNDETERMINED NATIONALITY; ISSUANCE, REPLACEMENT, RE-ISSUANCE, REVOCATION, SEIZURE AND RETURN OF IDENTITY CERTIFICATES (ID CERTIFICATES)

Article 24. Procedures for collecting, updating and adjusting information on Vietnamese residents of undetermined nationality on the national population database, the identification database and issuing ID certificates

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2. The Vietnamese resident of undetermined nationality shall declare information according to a population information collection form and provide documents related to himself/herself and his/her family (if any), including:

a) A document issued by a Vietnamese agency and containing information on full name and date of birth;

b) A document proving his/her consanguinity with a person who has or used to have Vietnamese citizenship

In case such documents are issued by a competent foreign authority, they shall be consularly legalized, except for the case where consular legalization is exempted and translations and documents translated from a foreign language into Vietnamese must be notarized.

3. The identification-managing agency affiliated to the police authority of district shall receive information declared by the Vietnamese resident of undetermined nationality and collect biometric identifiers, including fingerprints (except for the case where the Vietnamese resident of undetermined nationality is a child under 6 years of age), portrait picture and irides.

4. Within 01 working day from the date on which the Vietnamese resident of undetermined nationality finishes declaring the information according to Clause 1 of this Article, the identification-managing agency affiliated to the police authority of district shall cooperate with relevant agencies/organizations/individuals in inspecting and verifying the declared information about the Vietnamese resident of undetermined nationality. The period of inspection and verification is 30 days. In complicated cases, the period may be extended but it shall not exceed 60 days.

The residence registration authority of the locality where the Vietnamese resident of undetermined nationality is residing shall be responsible for inspecting information and verifying that he/she is residing for 06 months or longer in the locality.

5. The identification-managing agency affiliated to the police authority of district shall send information on the Vietnamese resident of undetermined nationality to the identification-managing agency affiliated to the Ministry of Public Security to inspect and compare such information with that on the national population database, the identification database.

6. After inspecting, verifying and comparing the information on the Vietnamese resident of undetermined nationality according to regulations in Clause 4 and Clause 5 of this Article, the identification-managing agency affiliated to the police authority of district shall collect and update the information on the Vietnamese resident of undetermined nationality to the national population database, the identification database if the information is adequate; in case of refusal to collect and update the information to the national population database, the identification database, a written reply stating reasons shall be provided.

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8. The identification-managing agency affiliated to the Ministry of Public Security shall send the issued ID certificate to the identification-managing agency affiliated to the police authority of district to give it to the Vietnamese resident of undetermined nationality.

9. Procedures for adjusting information on the national population database, the identification database at the request of a Vietnamese resident of undetermined nationality shall be followed as follows:

a) The Vietnamese resident of undetermined nationality applying for adjustment to information on the national population database, the identification database shall make declaration and submit a written request for processing identification procedures to the identification-managing agency affiliated to the police authority of district where he/she is residing;

 b) Within 05 working days from the date of receipt of an application for adjustment to information from the Vietnamese resident of undetermined nationality, the head of the application-receiving agency shall cooperate with relevant agencies in inspecting and verifying the legality and accuracy of the information before adjusting the information on the national population database, the identification database; in case of refusal to adjust the information, a written reply stating reasons shall be provided.

Article 25. Cases of replacement or re-issuance of ID certificates

1. An ID certificate shall be replaced in the following cases:

a) The ID certificate is damaged and unused;

b) The information on identification is changed;

c) The information on the ID certificate is inaccurate;

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dd) The ID certificate is expired.

2. If the identify certificate of a Vietnamese resident of undetermined nationality is lost, he/she may be re-issued with another ID certificate.

Article 26. Procedures for replacing or re-issuing ID certificates

1. A Vietnamese resident of undetermined nationality shall submit an application for replacement or re-issuance of his/her ID certificate at the identification-managing agency affiliated to the police authority of province or district where the Vietnamese resident of undetermined nationality is residing and provide information, including his/her full name, personal identification number and current place of residence so that the recipient can inspect and compare the information with that on the national population database.

2. The recipient shall inspect and compare information on the applicant for replacement or re-issuance of his/her ID certificate with the national population database in order to identify the accurate information on the applicant.

3. If the information about the applicant for replacement or re-issuance of his/her ID certificate on the national population database is not available or adequate or accurate, he/she shall be provided with guidelines for collection, updating and adjustment to information according to regulations in Article 24 of this Decree.

4. If the information about the applicant for replacement or re-issuance of his/her ID certificate on the national population database is adequate and accurate, his/her biometric identifiers, including fingerprints, portrait picture and irides (except for the case where the Vietnamese resident of undetermined nationality is a person under 6 years of age) shall be collected.

5. The applicant for the ID certificate shall conduct inspection and sign ID information collection form.

6. The recipient shall provide an appointment slip.

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8. In case of replacement of ID certificates, ID certificates used shall be revoked.

Article 27. Power to issue, replace and re-issue ID certificates

The head of the identification-managing agency affiliated to the Ministry of Public Security has power to issue, replace and re-issue ID certificates.

Article 28. Time limit for issuance, replacement or re-issuance of ID certificate and validity period of ID certificate

1. The time limit for initial issuance of an ID certificate to a Vietnamese resident of undetermined nationality shall not exceed 15 days from the date on which information on the Vietnamese resident of undetermined nationality is updated to the national population database.

2. The time limit for replacement or re-issuance of the ID certificate to the Vietnamese resident of undetermined nationality shall not exceed 07 working days from the date on which the application for replacement or re-issuance is received.

3. Validity period of an ID certificate is 02 years from the date of issuance.

Article 29. Access and use of information about identification of Vietnamese residents of undetermined nationality on the national population database, the identification database

1. Authorities managing national and specialized databases, regulatory bodies, political organizations and socio-political organizations may access information about identification of Vietnamese residents of undetermined nationality on the national population database and the identification database within their scope, functions, tasks and powers by:

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b) Connecting and sharing information with the national population database, the identification database via the electronic identification and authentication platform;

c) Written requests for provision of information.

2. Vietnamese residents of undetermined nationality may access their information on the national population database, the identification database via written requests for provision of information.

3. Organizations and individuals other than those specified in Clause 1 and Clause 2 of this Article may access information on Vietnamese residents of undetermined nationality on the national population database, the identification database via written requests for provision of information when obtaining permission from such Vietnamese residents of undetermined nationality.

4. The use of information about Vietnamese residents of undetermined nationality on the national population database shall comply with regulations on protection of state secrets, personal secrets, family secrets and private life of these Vietnamese residents of undetermined nationality.

5. Authorities managing national and specialized databases, regulatory bodies, political organizations and socio-political organizations may only use information about Vietnamese residents of undetermined nationality on the national population database to perform their assigned tasks, functions and powers or process administrative procedures.

Article 30. Power to grant permission for access and provision of information about Vietnamese residents of undetermined nationality on the national population database, the identification database

1. The head of the identification-managing agency affiliated to the Ministry of Public Security shall grant authorities and organizations specified in Clause 1 Article 29 of this Decree permission for access and use of information about Vietnamese residents of undetermined nationality on the national population database, the identification database on a nationwide scale.

2. Directors of police authorities of provinces have power to access information about Vietnamese residents of undetermined nationality who are residing in such provinces on the national population database in order to provide the information for agencies/organizations/individuals when they send written requests for provision of information.

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4. Heads of police authorities of communes have power to access information about Vietnamese residents of undetermined nationality who are residing in such communes on the national population database in order to provide the information for agencies/organizations/individuals when they send written requests for provision of information.

Article 31. Procedures for access to information about identification of Vietnamese residents of undetermined nationality on the national population database, the identification database

1. Procedures for accessing information on Vietnamese residents of undetermined nationality by way of directly connecting and sharing information with the national population database shall be followed according to regulations in Clause 1 Article 10 of this Decree.

2. Procedures for accessing information on Vietnamese residents of undetermined nationality on the national population database via written requests for provision of information shall be followed according to regulations in Clause 5 Article 10 of this Decree.

3. Procedures for accessing information on Vietnamese residents of undetermined nationality on the identification database via written requests for provision of information shall be followed according to regulations in Clause 1 Article 18 of this Decree.

4. Procedures for accessing information on Vietnamese residents of undetermined nationality on the national population database via the electronic identification and authentication platform shall be followed according to regulations in Clause 4 Article 10 of this Decree.

5. Procedures for accessing information on Vietnamese residents of undetermined nationality on the identification database via the electronic identification and authentication platform shall be followed according to regulations in Clause 3 Article 18 of this Decree.

Article 32. Cases of revocation, seizure and return of ID certificates

1. An ID certificate shall be revoked in the following cases:

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b) The ID certificate is illegally issued;

c) Information on the ID certificate is erased or corrected.

2. An ID certificate shall be seized in the following cases:

a) A person is serving the judicial measure of education in a reformatory; or 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;

c) During the period on which the ID certificate is seized, the ID certificate-seizing authority shall consider allowing the person who has his/her ID certificate seized specified in point a, point b Clause 2 of this Article to use his/her ID certificate to carry out transactions and exercise legitimate rights and interests;

d) The ID certificate of the person who has his/her ID certificate seized specified in Clause 2 of this Article shall be returned when the custody or temporary detention period ends or there is a decision on cancellation of custody or temporary detention; or after the person has 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.

Article 33. Power to revoke or seize ID certificates

1. Identification-managing agencies affiliated to provincial police authorities shall revoke ID certificates in the cases specified in Clause 1 Article 32 of this Decree.

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3. Agencies executing decisions on custody or temporary detention; agencies executing imprisonment sentences; agencies executing judicial measures of education in reformatories; or agencies executing decisions to impose administrative handling measures for sending persons to reformatories, compulsory educational institutions or compulsory detoxification establishments shall seize ID certificates in the cases specified in Clause 2 Article 32 of this Decree.

Article 34. Procedures for revoking ID certificates

1. Procedures for revoking an ID certificate of a Vietnamese resident of undetermined nationality who is naturalized as a Vietnamese citizen or has his/her Vietnamese or foreign citizenship certified shall be followed as follows:

a) Within 30 days from the date on which a decision to allow the Vietnamese resident of undetermined nationality to be naturalized as the Vietnamese citizen or certify his/her Vietnamese citizenship is issued, the Ministry of Justice (or provincial Department of Justice in case where the Vietnamese resident of undetermined nationality has his/her Vietnamese citizenship certified) shall give a written notification to the identification-managing agency affiliated to the Ministry of Public Security;

b) Within 03 working days from the date of receipt of the written notification from the Ministry of Justice, the identification-managing agency affiliated to the Ministry of Public Security shall be responsible for revoking and invalidating the ID certificate issued to the Vietnamese resident of undetermined nationality and updating and adjusting information on the Vietnamese resident on the national population database, the identification database;

c) Within 03 working days from the date on which there is a ground to identify that the Vietnamese resident of undetermined nationality is naturalized as the Vietnamese citizen or has his/her Vietnamese or foreign citizenship certified, the identification-managing agency shall revoke and invalidate the ID certificate and update and adjust information on the national population database, the identification database;

2. Procedures for revoking an ID certificate illegally issued or an ID card whose information is erased or corrected shall be followed as follows:

a) Where there is a ground to identify that the ID certificate is illegally issued or the information on the ID certificate is erased or corrected, the agency/organization/individual shall be responsible for notifying the identification-managing agency affiliated to the police authority of district or province to conduct inspection and verification and request the ID certificate holder to return his/her ID certificate;

b) Within 07 working days, the identification-managing agency affiliated to the police authority of district or province shall be responsible for conducting inspection and verification and revoking the ID certificate illegally issued or the ID certificate whose information is erased or corrected and updating and adjusting information on the national population database, the identification database.

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Article 35. Procedures for seizing or returning ID certificates

1. When seizing or returning an ID certificate, an authority having power to seize the ID certificate shall keep a record so as to monitor seizure or return of the ID certificate and the record shall be certified by the person seizing the ID certificate and the person who has his/her ID certificate seized.

2. During the period on which the ID certificate is seized, if the person who has his/her ID certificate seized wishes to use his/her ID certificate to carry out transactions and exercise legitimate rights and interests, he/she shall send a written request to the ID certificate-seizing authority for consideration and decision.

Article 36. Generation, invalidation or re-generation of personal identification number of Vietnamese resident of undetermined nationality

1. The personal identification number of a Vietnamese resident of undetermined nationality is a numerical string including 12 digits, is generated by the national population database and is issued to the Vietnamese resident of undetermined nationality.

2. The personal identification number of the Vietnamese resident of undetermined nationality shall be uniformly managed nationwide by the Ministry of Public Security; each Vietnamese resident of undetermined nationality shall be granted a personal identification number which is not identical to another’s number.

3. The personal identification number of the Vietnamese resident of undetermined nationality is used to issue an ID certificate and access his/her information on the national population database, the identification database.

4. If the Vietnamese resident of undetermined nationality has his/her personal identification number generated or is issued with the ID certificate but he/she has been naturalized as the Vietnamese citizen or has his/her Vietnamese or foreign citizenship certified, the personal identification number granted shall be invalidated.

5. The head of the identification-managing agency affiliated to the Ministry of Public Security shall consider deciding the invalidation of the personal identification number of the Vietnamese resident of undetermined nationality in the case specified in the Clause 4 of this Article and give a written notification to the Vietnamese resident of undetermined nationality; the invalidated personal identification number must not be used for issuance to another person.

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IMPLEMENTATION CLAUSE

Article 37. Effect

1. This Decree comes into effect from July 01, 2024.

2. The Government’s Decree No. 137/2015/ND-CP dated December 31, 2015 amended by the Decree No. 37/2021/ND-CP dated March 29, 2021 shall cease to have effect from the effective date of this Decree.

Article 38. Implementation responsibilities

1. When following procedures for replacing or re-issuing ID cards, citizens shall pay fees (fees for replacement or re-issuance of citizen ID cards according to regulations of the law on fees and charges), except for cases where citizens are not required to pay fees according to regulations in Clause 2, point a, point b Clause 3 Article 38 of the Law on Identification. The Ministry of Finance shall issue regulations on collection of fees upon replacement or re-issuance of ID cards.

2. Ministries, central and local authorities shall be responsible for meeting conditions for technical infrastructure to connect information systems under their management with the national population database.

Inspection and assessment of information safety and security, protection of personal data in Clause 2, Article 7, Clause 3, Article 16 of this Decree, connection and sharing of information with, and access to such information on the national population database, the identification database shall comply with regulations issued by the Minister of Public Security.

3. The Ministry of Public Security is assigned to preside over and cooperate with the Ministry of Information and Communications and the Ministry of Science and Technology in providing guidance on administration of sharing and access to data, standards and technical regulations on information technology for connection and sharing of information between the national population database, the identification database and other national and specialized databases, public service portals, information systems for processing administrative procedures.

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Luu Quang