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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 05/1999/ND-CP
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Hanoi, February
03, 1999
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DECREE
ON THE PEOPLE’S
IDENTITY CARD
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
To contribute to defending the national security as well as social order and
safety, and to perform the citizens’ rights and obligations;
At the proposal of the Minister of Public Security,
DECREES:
Article 1.- People’s
identity card
The people’s identity card prescribed in this
Decree is a kind of citizens’ personal paper certified by the competent police
office in terms of the personal characters and basic features of each citizen
in the age prescribed by law, which aims to facilitate the performance of the
citizen’s rights and obligations in movement and performance of transactions on
the Vietnamese territory.
Article 2.- The people’s
identity card is in rectangular form, sized 85.6 mm in length and 53.98 mm in
width; its two sides are flower-patterned in light white blue. It has the use
value of 15 years after the issuance.
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To the left from top to bottom is the national
emblem of the Socialist Republic of Vietnam, sized 1.9 cm in diameter; the 3 x
4 cm photo of the identity card holder; its valid time-limit. To the right,
from top to bottom: Cong Hoa Xa Hoi Chu Nghia Viet Nam (The Socialist Republic
of Vietnam); words "Chung minh nhan dan" (People’s identity card) (in
red); the number, birth name and family name; sex; commonly used name; birth
date; birth place; residence place.
The back side:
At the top is the two-way stripe code:
To the left: there are 2 blocks, the upper block
for the left forefinger print, the lower block for the right forefinger print.
To the right from top to bottom: The father’s full name; the mother�s full
name; identification particulars; day, month, year of issuing the identity
card; the title of the issuer, his/her signature and seal.
Article 3.- Subjects to be
granted people’s identity cards.
1. Vietnamese citizens aged full 14 years upward
and are residing on the Vietnamese territory (citizens for short) shall have to
go to the police office where their permanent residences are registered to fill
the procedures for the people’s identity card granting in accordance with the
provisions of this Decree.
2. Each citizen shall be granted only one
people’s identity card and have his/her own people�s identity card number.
Article 4.- The following
subjects shall temporarily not be granted the people’s identity cards:
1. The persons who are being held in custody,
serving prison terms in detention camps; abiding by decisions on their
confinement to reformatories, educational establishments or medical
establishments;
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The subjects mentioned in Clause 1 and Clause 2 of
this Article, after being cured from illnesses, finishing their detention or
prison terms or upon the expiry of the period of serving the decisions on their
confinement to reformatories, educational establishments, medical
establishments, shall be granted the people’s identity cards.
Article 5.- Change and
re-granting of people’s identity cards.
1. The following cases must go through
procedures for change of the people’s identity cards:
a/ The people’s identity card has expired;
b/ The people’s identity card is damaged and
unusable;
c/ There is a change in the family name, given
name, middle name, day, month and/or year of birth;
d/ The permanent residence registration place
has changed to outside the province or centrally-run city;
e/ There is a change to the identification
particulars.
2. If a people’s identity card is lost, the
re-granting procedures must be carried out.
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1. The citizens defined in Clause 1, Article 3
shall have to go to the police office to fill the procedures for people’s
identity card granting:
a/ Granting a new people’s identity card:
- Producing the residence registration book;
- Photographing;
- Taking finger prints;
- Filling in various declaration forms;
- Submitting the people’s identity card granted
under Decision No. 143-CP of August 9, 1976 (if any).
b/ Changing and re-granting the people’s
identity cards according to Article 5 of this Decree.
- An application clearly stating the reasons for
the change or re-granting of the people’s identity card, with certification by
the police of ward, commune or district town where the permanent residence is
registered.
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- Producing the decision on the change of the
family name, given name, middle name, the day, month and/or year of birth;
- Photographing;
- Taking the prints of both forefingers;
- Filling the declaration form applying for the
people’s identity card;
- Returning the people’s identity card which has
expired, been damaged or got change in the content as prescribed in Points c,
d, e, of Article 5 of this Decree.
2. After fully receiving the valid papers and
completing the procedures as prescribed in Points a and b above, the police
office shall have to grant the people’s identity cards to citizens within the
shortest time-limit which must not exceed 15 days (for cities, provincial
capitals) and 30 days ( for other localities).
3. Citizens who are granted the people’s
identity cards for the first time or have their people�s identity cards changed
or re-granted must pay a fee as prescribed.
Article 7.- Using the
people’s identity card
1. The citizen may use the people’s identity
card as the personal certification and must carry it while on movement or
transaction; to produce it for check or inspection when requested by competent
persons. The serial number of the people’s identity card may be used for
recording in a number of other civil documents.
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Article 8.- Management of
people’s identity cards
The Ministry of Public Security shall direct the
production and management of people’s identity cards according to advanced
technologies and grant the people’s identity cards as prescribed.
Article 9.- Checking the
people’s identity cards
1. Officials, employees and people of agencies
and organizations, who are entrusted to protect and settle matters related to
citizens, shall be entitled to request citizens to produce the people’s
identity cards before settling things.
2. Officers and men of the people’s police and
commune para-policemen, while on duty, shall be entitled to examine and inspect
the people’s identity cards of citizens at public places or geographical areas
under their respective management.
Article 10.- Withdrawal and
temporary seizure of people’s identity cards
1. The people’s identity card shall be withdrawn
in the following cases where:
a/ The Vietnamese nationality is deprived of or
relinquished;
b/ The card holder leaves the country for
residence oversea.
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a/ The card holder commits administrative
violations for which, as prescribed by law, his/her people�s identity card must
be temporarily seized;
b/ The card holder is held in custody,
imprisoned or being sent to reformatory, educational institution or medical
establishment.
A citizen shall take back his/her people’s
identity card after serving the decision on handling of administrative
violations, the custody duration expires, completing the prison term or after
serving the decision on his/her confinement to reformatory, educational
institution or medical establishment.
Article 11.- Competence to
withdraw and temporarily hold the people’s identity card
1. The police office of the locality where the
procedures for granting, changing, re-granting people’s identity cards are
carried out shall have competence to withdraw people’s identity cards with
regard to cases mentioned in Points a and b of Clause 1, Article 10 of this
Decree.
2. The persons who have competence to handle
administrative violations under the Ordinance on Handling of Administrative
Violations shall have the right to temporarily hold the people’s identity cards
with regard to cases defined in Point a, Clause 2, Article 10 of this Decree.
The police offices of the urban districts, rural
districts, provincial capitals and towns where citizens register their
permanent residence, the agencies enforcing the custody orders, the agencies
enforcing the imprisonment sentences and the agencies enforcing the decisions
to send citizens to reformatories, educational institutions and medical
establishments shall have the competence to hold the people’s identity cards of
citizens mentioned in Point b, Clause 2, Article 10 of this Decree.
Article 12.- Complaints
and denunciations
Citizens and organizations shall be entitled to
complain against and denounce individuals and/or organizations that have
violated law provisions on granting, management and use of the people’s
identity cards
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Article 13.- Commendation
and handling of violations
1. Organizations or individuals having
achievements in the implementation of the Decree on the people�s identity card
shall be commended according to the common regime of the State.
2. Police officers and men who are engaged in
the granting and management of the people’s identity cards and commit acts of
violation in the granting and management of the people’s identity cards shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liability.
3. Any persons who commit acts of violating the
regulations on granting and using the people’s identity cards shall, depending
on the nature and seriousness of the violations, be administratively sanctioned
or examined for penal liability.
Article 14.-
Implementation organization
This Decree shall take effect from May 1st, 1999
and replace Decision No. 143-CP of August 9, 1976 of the Government Council.
The Minister of Public Security shall have to
organize the implementation thereof, guide the procedures for granting the
people’s identity cards and changing the identity cards being in use under
Decision No. 143-CP of August 9, 1976 and inspect the implementation of this
Decree.
The Ministry of Finance shall coordinate with
the Ministry of Public Security in unifying the plan for the trial production
of the people’s identity cards and guide the collection, payment, management
and use of fees for the first granting, changing and re-granting of people’s
identity cards.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
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THE GOVERNMENT
Phan Van Khai