Thông tư 59/2021/TT-BCA hướng dẫn Luật Căn cước công dân

CIRCULAR

ELABORATING TO LAW ON CITIZEN IDENTITY CARD AND DECREE NO. 137/2015/ND-CP DATED MARCH 31, 2015 ELABORATING TO LAW ON CITIZEN IDENTITY CARD AND AMENDMENT THERETO UNDER DECREE NO. 37/2021/ND-CP DATED MARCH 29, 2021

Pursuant to the Law on Citizen Identity Card dated November 20, 2014;

Pursuant to Decree No. 137/2015/ND-CP dated December 31, 2015 on elaborating to Law on Citizen Identity Card;

Pursuant to Decree No. 37/2021/ND-CP dated March 29, 2021 on amendment to Decree No. 137/2015/ND-CP dated December 31, 2015 on elaborating to Law on Citizen Identity Card;

Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At request of Director of Police Department on Administrative Management of Social Order,

Minister of Public Security promulgates Circular on elaborating to Law on Citizen Identity Card and Decree No. 137/2015/ND-CP dated March 31, 2015 elaborating to Law on Citizen Identity Card and amendment thereto under Decree No. 37/2021/ND-CP dated March 29, 2021.

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GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates to Law on Citizen Identity Card and Decree No. 137/2015/ND-CP dated December 31, 2015 elaborating to Law on Citizen Identity Card and amendment thereto under Decree No. 37/2021/ND-CP dated March 29, 2021 (hereinafter referred to as “Decree No. 137/2015/ND-CP”) on collection, update, revision of citizen information on National database on population, Database on Citizen Identity Cards; issuance and management of Citizen Identity Cards and responsibilities of police authorities of local administrative divisions.

Article 2. Regulated entities

1. Police authorities of local administrative divisions.

2. Officials and servicemen of People’s Public Security.

3. Agencies, organizations, and individuals relating to National database on population, Database on Citizen Identity Cards; issuance and management of Citizen Identity Cards.

Chapter II

COLLECTION, UPDATE, REVISION OF CITIZEN INFORMATION ON NATIONAL DATABASE ON POPULATION; CODE IN PERSONAL IDENTIFICATION NUMBER; NOTICE ON PERSONAL IDENTIFICATION NUMBER AND CITIZEN INFORMATION IN NATIONAL DATABASE ON POPULATION; CANCELLATION AND RE-ESTABLISHMENT OF PERSONAL IDENTIFICATION NUMBER

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1. Collection, update, and revision of citizen information via population information collection form, population information update and revision form shall be implemented via permanent residence registration, temporary residence registration, issuance of Citizen Identity Cards and direct collection from citizens.  

2. Update and revision of citizen information in National database on population must be approved by Heads of Police authorities of communes or districts (hereinafter referred to as “commune police”) in case communes are not established.

3. Upon collection, update, or revision to citizen information on National database on population is required, commune police shall distribute the forms, instruct citizens to declare, collect the forms; examine and cross-check declared information with legal documents, civil status documents of individuals whose information is collected.

In case information on citizens is adequate and accurate, regional police and commune police shall countersign and request heads of commune police to sign and seal.

In case citizen information is inadequate or inaccurate, request declarants to revise and present legal documents to verify information.

In case citizen information is inconsistent, commune police are responsible for cooperating with citizens, civil status registration agencies, and relevant agencies in examining legitimacy of inconsistent information, after identifying correct information of citizens, regional police and commune police shall countersign and request heads of commune police to sign and seal. In case of insufficient ground for approval, notify and request citizens to revise and complete the information.

4. Commune police shall update citizen information on National database on population, within 2 working days, transfer population information collection form, population information update and revision form to police of communes, districts affiliated to provinces and central-affiliated cities (hereinafter referred to as “district police”) for storage in residence documents.

5. When presiding agencies of National database on population detect discrepancies in citizen information in National database on population, request commune police where the citizens register permanent residence to examine, review accuracy of the information, and revise citizen information when evidence is sufficient.  

Article 4. Code in personal identification number

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2. Code of century of birth, code of gender, code of year of birth are specified under Annex III attached hereto.

Article 5. Notice on personal identification number and citizen information in National database on population

1. Citizen Identity Card number, personal identification number included in birth certificate shall be personal identification number of citizens; in case citizens are issued with Citizen Identity Cards or birth certificates which include their personal identification number, Citizen Identity Card number, personal identification number in birth certificates, and information on Citizen Identity Card, birth certificates shall be used in affairs with relevant agencies, organizations, and individuals.

2. When a citizen applies for information on personal identification number and information on National database on population, the citizen or their legal representative shall request commune police where the citizen registers for permanent residence to issue written notice on the information.

3. Form of notice on personal identification number and citizen information in National database on population (Form No. 1 attached hereto) shall be printed directly from National database on population. Citizens shall employ such notice to prove their information on National database on population with relevant agencies, organizations, and individuals.

Article 6. Cancellation and re-establishment of personal identification number

1. In case of re-establishment of personal identification number due to sex reassignment of citizens or correction of year of birth as per the law on civil registration, commune police where citizens register permanent residence shall request the citizens to provide civil status documents proving their sex reassignment or correction of year of birth to examine, verify and add to administrative documents and submit request for re-establishment of personal identification number to supervisory agencies of National database on population of Ministry of Public Security.

2. In case of cancellation of personal identification due to error relating to place of birth, year of birth, or gender of citizens during data input process, commune police where citizens register permanent residence must examine and verify information which needs revision and send request for cancellation and re-establishment of personal identification number to supervisory agencies of National database on population of Ministry of Public Security.

3. Heads of supervisory agencies of National database on population of Ministry of Public Security are responsible for reviewing and deciding on cancellation and re-establishment of personal identification number for cases under Clause 1 and Clause 2 of this Article. Once decisions on cancellation and re-establishment of personal identification number are issued, supervisory agencies of National database on population of Ministry of Public Security must update new personal identification number of citizens on the National database on population.  Cancelled personal identification number shall be stored in information data of citizens in the National database on population and must not be issued to other citizens.

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5. Police authorities that receive application for issuance of Citizen Identity Cards shall utilize newly established personal identification number in the National database on population to issue Citizen Identity Cards as per the law.

Chapter III

CITIZEN IDENTITY CARD DATABASE

Article 7. Collection and update of citizen information on Citizen Identity Card database

1. Officials of supervisory agencies of Citizen Identity Cards where procedures for issuance, revision, re-issuance of Citizen Identity Card are responsible for collecting and updating citizen information on c Citizen Identity Card database by collecting application for issuance, revision, re-issuance of Citizen Identity Cards.

2. Information of citizens collected via applications for issuance, revision, re-issuance of Citizen Identity Cards must be adequate, legitimate, and satisfactory to regulations and law.

Article 8. Provision of citizen information on Citizen Identity Card database

1. Cases where citizen information in the Citizen Identity Card database is provided:

a) At request of police authorities to serve criminal prevention and other professional operations of People’s Public Security.

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c) At request of supervisory agencies of specialized databases, regulatory authorities, political organizations, socio-political organizations to serve management affairs within their functions, tasks, and powers.

d) At request of information owners.

dd) At request of agencies, organizations, citizens not specified under Points a, b, c, or d of this Clause which request for citizen information on Citizen Identity Card database and obtain certified or notarized written consent of the information owners.

2. Procedures for providing citizen information from Citizen Identity Card database:

a) Agencies and organizations requesting for citizen information in Citizen Identity Card database must apply in writing, specify purpose, detail and scope of information to be provided, and assume responsibilities in using provided information. Cases specified under Point dd Clause 1 of this Article require certified or notarized written consent of information owners and consent of competent individuals under Article 9 hereof.

b) Citizens requesting for their information shall apply and state purpose and information to be provided; present Citizen Identity Cards to allow police authorities to examine and verify applicants.

c) Within 5 working days from the date on which application for extraction of information is received, competent individuals under Article 9 hereof are responsible for responding with extraction results in writing.

Article 9. Entitlement for permitting provision, connection, and sharing of information in Citizen Identity Card database

1. Heads of district police are capable of allowing provision of information from Citizen Identity Card database (except for portraits and fingerprint data) of citizens residing within the districts.

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3. Director of Police Department on Administrative Management of Social Order is capable of allowing provision of citizen information from Citizen Identity Card database on a nationwide scale; allowing connection and sharing of information on citizens from Citizen Identity Card database with other databases after acquiring consent of Minister of Public Security.

Chapter IV

ISSUANCE AND MANAGEMENT OF CITIZEN IDENTITY CARD

Article 10. Receipt of application for issuance, revision, re-issuance of Citizen Identity Card

1. Citizens shall apply at competent police authorities where the citizens register for temporary, permanent residence in person for issuance, revision, re-issuance of Citizen Identity Cards.

2. In case citizens apply for issuance, revision, re-issuance of Citizen Identity Cards online on National public service portal or public service portal of Ministry of Public Security, citizens shall select service, examine and verify their information in National database on population, in case of accurate information, register time and location for issuance of Citizen Identity Cards; the system shall then transfer applications to police authorities where the citizens wish to apply to.

 In case of inaccurate information, citizens shall present legal documents at competent police authorities capable of receiving application for issuance, revision, re-issuance of Citizen Identity Cards as proof.

Article 11. Procedures for issuance, revision, re-issuance of Citizen Identity Cards

1. Citizens shall apply for issuance of Citizen Identity Cards at competent police authorities capable of receiving application for issuance, revision, re-issuance of Citizen Identity Cards in person.

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3. Collect ID Cards, current Citizen Identity Cards in case citizens apply for conversion from ID Cards to Citizen Identity Cards or revision of Citizen Identity Cards.

4. Research Citizen Identity Card storage to verify citizen information (if any).

5. Process and approve applications for issuance, revision, re-issuance of Citizen Identity Cards.

6. Return Citizen Identity Cards and results of issuance, revision, re-issuance of Citizen Identity Cards. In case citizens register for returning Citizen Identity Cards to specific address, police authorities shall produce lists and cooperate with delivery service to implement while citizens shall pay delivery fees as per the law.

Article 12. Verification of ID Card number, Citizen Identity Card Number

1. QR code on Citizen Identity Cards already contain information on Citizen Identity Card number, ID Card number. Agencies, organizations, and individuals shall examine information on ID Card number, Citizen Identity Card number of citizens by scanning QR Code without requesting citizens to provide written verification of ID Card number, Citizen Identity Card number.

2. In case QR Code on Citizen Identity Card does not contain information on old ID Card number or Citizen Identity Card number, police authorities that receive application for issuance of Citizen Identity Cards are responsible for issuing written verification of old ID Card number or Citizen Identity Card number to citizens when requested.

In case information on old ID Card number, Citizen Identity Card number of citizens is not included on National database on population, request citizens to provide master register or copies of ID Cards or Citizen Identity Cards (if any). Police authorities that receive application for issuance of Citizen Identity Cards shall research and verify via Citizen Identity Card and legal document storage issued by competent agencies that display ID Card number or Citizen Identity Card number to verify information.

In case of sufficient basis, issue written verification of ID Card number or Citizen Identity Card number to citizens; in case of insufficient basis, respond citizens in writing and specify reasons.

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4. Citizens may apply for issuance of written verification of ID Card number, Citizen Identity Card number on National public service portal or public service portal of Ministry of Public Security at any police authorities capable of receiving application for issuance of Citizen Identity Cards when citizens' ID card number and/or Citizen Identity Card number is contained in National database on population.

Results shall be updated and announced on National public service portal, public service portal of Ministry of Public Security, when citizens request for delivery of written verification of ID Card number or Citizen Identity Card number to specific address, citizens shall pay delivery fees as per the law.

Article 13. Location for submission of applications for issuance, revision, re-issuance of Citizen Identity Cards

1. Supervisory agencies of Citizen Identity Cards of district police or province police shall designate location for receiving and collecting applications for issuance, revision, re-issuance of Citizen Identity Cards for citizens register for permanent or temporary residence in their administrative divisions.

2. Supervisory agencies of Citizen Identity Cards of Ministry of Public Security shall designate locations for collecting and receiving applications for issuance, revision, re-issuance of Citizen Identity Cards for specific cases decided by heads of supervisory agencies of Citizen Identity Cards of Ministry of Public Security.

Article 14. Organizations capable of collecting applications for issuance, revision, re-issuance of Citizen Identity Cards on a mobile basis when necessary

1. Supervisory agencies of Citizen Identity Cards of all levels shall collect applications for issuance, revision, re-issuance of Citizen Identity Cards on a mobile basis if necessary.

2. Supervisory agencies of Citizen Identity Cards shall organize issuance, revision, re-issuance of Citizen Identity Cards at agencies or organizations upon receiving written request of heads of said agencies, organizations and if necessary.

3. Supervisory agencies of Citizen Identity Cards shall organize issuance of Citizen Identity Cards at residence of citizens in case citizens are the elderly, people who are ill and unable to walk.

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RESPONSIBILITIES OF POLICE AUTHORITIES REGARDING NATIONAL DATABASE ON POPULATION, CITIZEN IDENTITY CARD DATABASE, ISSUANCE AND MANAGEMENT OF CITIZEN IDENTITY CARDS

Article 15. Responsibilities of Police Department on Administrative Management of Social Order

1. Advising and requesting competent authority to develop and issue legislative documents on National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards. Directing, guiding, encouraging, and inspecting police authorities regarding implementation of legislative documents, implementation of affairs relating to National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards.

2. Taking charge, cooperating with relevant entities in advising heads of Ministry of Public Security to develop and complete National database on population, Citizen Identity Card database; manufacturing, issuing, and managing Citizen Identity Cards; directing, guiding, and inspecting police authorities regarding collection, update, and extraction of information from National database on population, Citizen Identity Card database; manufacturing, issuing, and managing Citizen Identity Cards.

3. Managing, extracting, connecting, and sharing National database on population, Citizen Identity Card database.

4. Organizing production, jointly managing Citizen Identity Cards; cooperating with Department of Planning and Financial Affairs, Department of Equipment and Storage, Institute of Science and Technology, and relevant entities in guaranteeing expenditure on manufacturing, managing Citizen Identity Cards, procuring equipment, devices, and issuing schedules serving issuance of Citizen Identity Cards.

5. Examining, inspecting, dealing with complaints, accusations, and taking actions against violations relating to National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards as per the law.

6. Conducting international cooperation relating to National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards within their tasks and functions.

7. Conducting preliminary conclusion, final conclusion, and producing statistical reports on National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards.

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1. Department of Personnel and Organization and Department of Training are responsible for taking charge and cooperating with Police Department on Administrative Management of Social Order in guaranteeing quantity and quality of personnel necessary for developing and managing National database on population and Citizen Identity Card database, and issuing, managing Citizen Identity Cards.  

2. Department of Planning and Finance is responsible for taking charge and cooperating with Police Department on Administrative Management of Social Order in allocating regular and irregular expenditure on developing and maintaining operation of National database on population, Citizen Identity Card database, and issuing, managing Citizen Identity Cards.

3. Department of Information Technology, Institute of Science and technology, Department of Telecommunication and Cipher Affairs are responsible for taking charge and cooperating with Police Department on Administrative Management of Social Order in guiding and ensuring technical, technology, and information security affairs for police authorities during development and management of National database on population, Citizen Identity Card database, issuing and managing Citizen Identity Cards.

4. Department of Logistics, Department of Equipment and Storage are responsible for taking charge and cooperating with Police Department on Administrative Management of Social Order in guiding and guaranteeing equipment and infrastructures for police authorities in development and management of National database on population, Citizen Identity Card database, and issuing, managing Citizen Identity Cards.

5. Other entities affiliated to Ministry of Public Security, within their tasks and functions, are responsible for cooperating with Police Department on Administrative Management of Social Order in affairs relating to National database on population, Citizen Identity Card database, and issuing, managing Citizen Identity Cards.

Article 17. Responsibilities of province police

1. Implementing and advising People’s Committees of provinces to implement legislative documents on National database on population, Citizen Identity Card database, and issuing, managing Citizen Identity Cards.

2. Organizing collection, update, and standardization of information in National database on population and Citizen Identity Card database, and issuing, managing Citizen Identity Cards according to assignment and decentralization of Ministry of Public Security.

3. Examining, inspecting, dealing with complaints, accusations, and taking actions against violations relating to National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards within their competence.

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Article 18. Responsibilities of district police

1. Directing, guiding, and inspecting commune police regarding collection of citizen information in National database on population.

2. Organizing issuance and management of Citizen Identity Cards, and inspecting use of Citizen Identity Cards of citizens under their management as per the law.

3. Dealing with complaints and accusations relating to National database on population; Citizen Identity Card database; and issuing, managing Citizen Identity Cards as per the law.

4. Conducting preliminary conclusion, final conclusion, and producing statistical reports on National database on population, Citizen Identity Card database; issuing and managing Citizen Identity Cards as per the law.

Article 19. Responsibilities of commune police

1. Collecting, updating, and revising citizen information in National database on population.

2. Acknowledging situation, producing statistical reports, reviewing individuals eligible for issuance of Citizen Identity Cards; cooperating with superior police authorities in organizing and receiving application for issuance of Citizen Identity Cards.

3. Inspecting use of Citizen Identity Cards under their management as per the law.

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ORGANIZATION FOR IMPLEMENTATION

Article 20. Entry into force

This Circular comes into effect from July 1, 2021 and replaces Circular No. 07/2016/TT-BCA dated February 1, 2016 and Decree No. 137/2015/ND-CP dated December 31, 2015; Circular No. 40/2019/TT-BCA dated October 1, 2019 on amendment to Circular No. 07/2016/TT-BCA dated February 1, 2016 and Decree No. 137/2015/ND-CP dated December 31, 2015.

Article 21. Responsibilities for implementation

1. Director of Police Department on Administrative Management of Social Order is responsible for guiding, examining and expediting implementation hereof.

2. Heads of entities affiliated to Ministry of Public Security, directors of police authorities of provinces and central-affiliated cities and relevant organizations, individuals are responsible for implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to Ministry of Public Security (via Police Department on Administrative Management of Social Order) for consideration./.

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