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MINISTRY OF PUBLIC SECURITY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 17/2024/TT-BCA
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Hanoi, May 15, 2024
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CIRCULAR
ELABORATING SOME ARTICLES AND MEASURES FOR EXECUTION OF LAW
ON IDENTIFICATION
Pursuant to the Law
on Identification dated November 27, 2023;
Pursuant to the
Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions,
tasks, powers and organizational structure of the Ministry of Public Security;
At the request of
the Director of Police Department for Administrative Management of Social
Order;
The Minister of
Public Security promulgates Circular elaborating some articles and measures for
execution of the Law on Identification.
Chapter I
GENERAL PROVISIONS
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This Circular
elaborates some Articles and provides measures for executing the Law on
Identification regarding e-identification format; information displayed on ID
cards about places of residence and cases of failure to collect or fully
collect information on place of birth, place of birth registration, place of
origin, ethnic group and religion; organizations capable of collecting and
receiving applications for issuance, replacement and re-issuance of ID cards on
a mobile basis in necessary cases; agreement on use of national identification
application; forms used for issuance and management of identification; forms
used during collection, update, adjustment, integration, certification and
extraction of information on the national population database and the
identification database; responsibilities of police authorities of units and
administrative divisions for issuance and management of identification.
Article 2.
Regulated entities
1.
Police authorities of units and administrative divisions.
2.
Officers, non-commissioned officers and conscripts of the People’s Public
Security Force.
3.
Agencies, organizations and individuals related to issuance and management of
identification.
Chapter
II
SPECIFIC PROVISIONS
Article 3.
E-identification format
1. E-identification is shown in the form of a valid ID card or
citizen ID card image and other information stored and integrated into
e-identification and expressed in characters. Each e-identification shall
have a separate symbol generated by the identification-managing agency of the
Ministry of Public Security for verification, thereby ensuring accuracy and integrity
according to regulations of the law on electronic transactions.
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Article
4. Information displayed on ID cards about places of residence
1.
The place of residence written on an ID card shall be the place of permanent
residence of the person issued with the ID card.
2.
If there is no information on place of permanent residence of an applicant for
issuance, replacement or re-issuance of the ID card but that on his/her place
of temporary residence is available, the place of residence written on his/her
ID card shall be his/her place of temporary residence.
3.
The place of residence written on the ID card of the applicant for issuance,
replacement or re-issuance of the ID card without permanent and temporary
residences as he/she is ineligible for permanent and temporary residence
registration shall be his/her current residence.
4.
If the information on place of residence of the applicant for issuance,
replacement or re-issuance of the ID card is not available on the national
population database, the identification-managing agency shall be responsible
for providing guidance on procedures for registering permanent or temporary
residence or declaring place of residence. Regarding an overseas Vietnamese
without place of residence in Vietnam, the place of residence written on
his/her ID card shall be residence address in his/her home country (transcribed
in Vietnamese).
Article
5. Information displayed on ID cards about cases of failure to collect or fully
collect information on place of birth, place of birth registration, place of
origin, ethnic group and religion
1.
If the information on place of birth, place of birth registration or place of
origin is not available on the ID card or does not fully specify the
commune-level, district-level and province-level administrative divisions, the
identification-managing agency shall request each citizen to provide documents
showing the above-mentioned information and issued by the competent authority
for collection, update and adjustment on the national population database and
the identification database.
If
these documents do not fully indicate the commune-level, district-level and
province-level administrative divisions, the identification-managing agency
shall request the citizen to provide information and make a written commitment
to take his/her responsibility for the provided information on place of birth,
place of birth registration and place of origin. The
identification-managing agency shall be responsible for cooperating with the
civil status-managing agency and other relevant agencies in inspection and
verification in order to ensure accuracy and consistency before collection,
update and adjustment on the national population database and the
identification database
2.
If the information on ethnic group or religion is not available on the ID card
or has been collected but the citizen applies for update or adjustment, the
identification-managing agency shall be responsible for the update or
adjustment according to regulations in Article 10 of the Law on Identification.
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Article 6.
Organizations capable of collecting and receiving applications for issuance,
replacement or re-issuance of ID cards or identity certificates on a mobile
basis in necessary cases
1. The
identification-managing agency shall follow procedures for issuance,
replacement or re-issuance of ID cards or identity certificates at another
agency or organization when receiving written requests and meeting requirements
for technical means and equipment and human resources.
2. The
identification-managing agency shall follow procedures for issuance,
replacement or re-issuance of ID cards or identity certificates at the
commune-level police authority or the place of residence of each citizen in
case citizens are the elderly, the disabled or people who are ill and in other
special cases when the identification-managing agency meets requirements for
technical means and equipment and human resources
Article 7.
Agreement on use of national identification application
1. An agency, organization or
individual using the national identification application shall:
a)
Sufficiently and accurately provide their data when agreeing to use the
national identification application;
b)
Not use the electronic identification account or the electronic identification
to carry out illegal operations and transactions or infringe national defense
and security, national interests, people’s interests, and legitimate rights and
interests of other agencies, organizations and individuals;
c) Not illegally
interfere in operations of the national identification application;
d) Follow guidelines
for use of the national identification application issued by the
identification-managing agency of the Ministry of Public Security.
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a) Take measures for
maintaining information confidentiality, security and safety and protecting
data provided by agencies, organizations and individuals during development and
management of the national identification application according to regulations
of law;
b) Only use data
provided by agencies, organizations and individuals when using the national
identification application within its scope and in conformity with its assigned
tasks, functions and objectives;
c)
Notify agencies, organizations and individuals using the national
identification application of operations related to the processing of its data,
unless otherwise prescribed by law.
Article
8. Forms used for issuance and management of identification
1. ID information collection form
(code: CC01)
ID
information collection forms are made by the identification-managing agency
which receives applications for issuance, replacement or re-issuance of ID
cards or identity certificates on the basis of extraction of information on
citizens, Vietnamese residents of undetermined nationality from the national
population database and the identification database when procedures are
followed.
2. Appointment slip (code: CC02)
Appointment
slips are made by the identification-managing agency which receives
applications and issued to citizens, Vietnamese residents of undetermined
nationality in order to notify dates on which results of processing identification
procedures are given.
3. Notice of refusal to process
identification procedures (code: CC03)
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4. Written verification of 9-digit ID
card number, personal identification number (code: CC04)
The
written verification of 9-digit ID card number, personal identification number
is issued by the identification-managing agency or the commune-level police
authority to each citizen in order to verify 9-digit ID card number and
personal identification number; personal identification number cancelled and
personal identification number re-established.
5. Records of revocation of ID cards or
identity certificates (code: CC05)
Records
of revocation of ID cards or identity certificates are made by the authority
having power to revoke ID cards or identity certificates in cases where such ID
cards or identity certificates are revoked according to regulations.
Article
9. Forms used during collection, update, adjustment, integration, certification
and extraction of information on the national population database and the
identification database
1. Population information collection
form (code: DC01)
Citizens
and Vietnamese residents of undetermined nationality use population information
collection forms to declare their information for collection and update of the
information to the national population database.
2. Written requests for processing
identification procedures (code: DC02)
Written
requests for processing identification procedures are used when citizens and
Vietnamese residents of undetermined nationality follow procedures for issuing,
replacing or re-issuing ID cards; verifying 9-digit ID card numbers, personal
identification numbers; canceling or re-establishing personal identification
numbers; extracting information from the national population database;
extracting information from the identification database; adjusting information
on the national population database; integrating information into ID cards;
collecting and updating information to the identification database.
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Information
supply forms are issued by the identification-managing agency or the
commune-level police authority to agencies, organizations and individuals applying
for extraction of information from the national population database and the
identification database.
Article
10. Management and use of forms
1. Forms CC01, CC02, CC03,
CC04, CC05, DC01, DC02 and DC03 shall be printed in black ink on A4 papers (210
mm x 297 mm) with white background.
2. Forms CC01, CC02, CC03,
CC04 and DC03 shall be integrated into the national population database and the
identification database and directly printed from computers for use.
Forms printed and used shall contain information extracted from the
national population database and the identification database. Forms
having numbers shall be numbered by the identification-managing agency in
ascending order, beginning from the first day of the year and ending on
December 31 of the same year.
3. Agencies, organizations and individuals may request the
identification-managing agency to issue electronic results or electronic copies
of results of processing identification procedures (including Forms CC04 and
DC03) according to regulations of the law on completion of administrative
procedures by electronic means.
Article 11.
Responsibility of Police Department on Administrative Management of Social
Order
1. Advise developing legislative documents on identification,
national population database and identification database and request the
Minister of Public Security to promulgate such documents within its
jurisdiction.
2. Assist the Minister
of Public Security in directing, providing guidance on, urging and inspecting
compliance with regulations on issuance and management of ID cards and identity
certificates by Police authorities of units and administrative divisions;
collect, update, adjust, manage, connect, share and extract information on the
national population database, the identification database and the electronic
identification and authentication system.
3. Organize production and management of ID cards in a
consistent manner; cooperate with the Department of Planning and Finance, the
Department of Equipment and Logistics, Institute of Science and Technology and
relevant units to ensure funding for production and management of ID cards,
identity certificates, supplies, equipment and forms serving issuance of ID
cards and identity certificates.
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5. Make international cooperation in affairs related to the
national population database and the identification database; issue and manage
ID cards and identity certificates.
6. Conduct preliminary and final reviews and make statistics
on the national population database and the identification database; issue and
manage ID cards and identity certificates.
Article 12.
Responsibilities of units affiliated to the Ministry of Public Security
1. The
Department of Planning and Finance shall preside over and cooperate with the
Police Department on Administrative Management of Social Order in allocating
regular and irregular expenditure on maintenance of the national population
database and the identification database; issue and manage ID cards and
identity certificates.
2. The Information
Technology Department, Institute of Science and Technology and Department of
Telecommunications and Cipher shall preside over and cooperate with the Police
Department on Administrative Management of Social Order in providing guidance
on and ensuring technique, technology, and information security affairs for
Police authorities of units and administrative divisions to develop and manage
the national population database and the identification database; issue and
manage ID cards and identity certificates.
3. Logistics
Department and Department of Equipment and Logistics shall preside over and
cooperate with the Police Department on Administrative Management of Social
Order in providing guidance on and ensuring supplies and equipment for Police
authorities of units and administrative divisions to manage and operate the
national population database and the identification database, issue and manage
ID cards and identity certificates.
4. Other units
affiliated to the Ministry of Public Security, within their assigned tasks and
functions, shall cooperate with the Police Department on Administrative
Management of Social Order in affairs related to the national population
database and the identification database; issue and manage ID cards and
identity certificates.
Article 13.
Responsibilities of provincial police authorities
1. Directly execute
and advise Provincial People's Committees to organize execution of legislative
documents on the national population database and the identification database,
issuance and management of ID cards and identity certificates.
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3. Conduct inspections, deal with complaints and denunciations
and handle violations related to collection, update, adjustment, extraction and
use of information on the national population database and the identification
database and issuance and management of identification within their scope of
management.
4. Make periodic and adhoc reports on issuance and management
of identification within their provinces and send such reports to the Ministry
of Public Security.
Article 14.
Responsibilities of district-level police authorities
1. Disseminate legislative documents on the national
population database, the identification database, issuance and management of ID
cards and identity certificates to commune-level police authorities; direct and
instruct commune-level police authorities to collect information on citizens
and update the information to the national population database and conduct
inspections of such collection and update; gather and update information on
Vietnamese residents of undetermined nationality to the national population
database.
2. Organize collection, update, standardization, digitization
and extraction of information from the national population database and the
identification database; issue and manage identification.
3. Collect and receive applications for issuance of ID cards
and identity certificates; inspect use of ID cards and identity certificates by
citizens and Vietnamese residents of undetermined nationality within districts
under their management according to regulations of law.
4. Deal with complaints and denunciations related to
collection, update, adjustment and extraction of information from the national
population database and the identification database and issuance and management
of identification within their scope of management.
5. Make periodic and adhoc reports on issuance and management
of identification within their districts and send such reports to provincial
police authorities.
Article 15.
Responsibilities of commune-level police authorities
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2. Grasp the situation and make reviews and statistics on
citizens and Vietnamese residents of undetermined nationality that have not yet
been issued with ID cards and identity certificates; cooperate with superior
police authorities in organizing collection and receipt of applications for
issuance of ID cards and identity certificates within communes under their
management.
3. Deal with complaints and denunciations related to
collection, update, adjustment and extraction of information from the national
population database within their scope of management.
4. Carry out inspections of use of ID cards and identity
certificates within communes under their management according to regulations of
law.
Chapter III
IMPLEMENTATION PROVISION
Article 16. Entry
into force
1. This Circular comes into force as of July 01, 2024.
2. The following Circulars will cease to be effective from the
effective date of this Circular;
a) Circular No.
59/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security;
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c) Circular No.
41/2019/TT-BCA dated October 01, 2019 of the Minister of Public Security;
d) Circular No.
104/2020/TT-BCA dated September 30, 2020 of the Minister of Public Security.
Article 17.
Responsibility for implementation
1. The Director of Police Department for Administrative
Management of Social Order shall be responsible for inspecting and urging
implementation of this Circular.
2. Heads of units affiliated to the Ministry of Public
Security, Directors of police authorities of provinces and central-affiliated cities
and relevant agencies, organizations and individuals shall be responsible for
implementing this Circular.
Any difficulties that
arise during the period of implementation of this Circular should be promptly
reported to the Ministry of Public Security (via Police Department for
Administrative Management of Social Order) for prompt guidelines./.
MINISTER
General To Lam
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