Decree No. 05/1999/NĐ-CP on Identity Cards

DECREE

Regarding Identity Cards

THE GOVERNMENT

Pursuant to the Law on Government Organization dated September 30, 1992

To contribute to national security, public order, and social safety, and to implement the rights and obligations of citizens

At the proposal of the Minister of Public Security,

DECREE

Article 1. Identity Card

The Identity Card prescribed in this Decree is a personal document of citizens issued by competent police authorities certifying individual characteristics and basic information of each citizen within the age range stipulated by law, with the aim of facilitating the exercise of rights and fulfillment of obligations of citizens in travel and transactions on the territory of Vietnam.

Front Side:

From left to right, starting from the top: the National Emblem of the Socialist Republic of Vietnam with a diameter of 1.9 cm; the photo of the person to whom the Identity Card is issued, size 3 x 4 cm; the validity period of the Identity Card. On the right side, from top to bottom: Socialist Republic of Vietnam; the phrase "Identity Card" (in red); number; full name at birth; gender; common name; date of birth; place of origin; place of permanent residence.

Back Side:

At the top is a two-dimensional barcode:

On the left: there are two boxes, the upper box for the fingerprint of the left index finger, the lower box for the fingerprint of the right index finger; On the right, from top to bottom: father's full name; mother's full name; distinguishing features; date, month, year of issuance of the Identity Card; signature and stamp of the issuing authority.

Article 3. Subjects eligible for Identity Card issuance

1- Citizens of Vietnam aged 14 years or older, residing on the territory of Vietnam (hereinafter referred to as citizens) have the obligation to go to the police agency where they are registered for permanent residence to complete procedures for obtaining an Identity Card in accordance with the provisions of this Decree.

2- Each citizen is only entitled to be issued one Identity Card with a unique identification number.

Article 4. The following subjects are temporarily not eligible for Identity Card issuance

1- Those who are under temporary detention, serving a prison sentence in a penitentiary; implementing a decision to send them to a reformatory school, educational facility, or medical facility;

2- Those suffering from mental illness or another disease that impairs their ability to control their behavior.

If those mentioned in Clause 1 and Clause 2 of this Article recover from their illness, complete their temporary detention period, serve their prison sentence, or finish their time at a reformatory school, educational facility, or medical facility, they will be eligible for an Identity Card issuance.

Article 5. Reissuing and Renewing Identity Cards

The following situations require the completion of procedures for renewing Identity Cards:

a) When the Identity Card expires;

b) When the Identity Card is damaged and cannot be used;

c) Changes in surname, given name, middle name, date of birth;

d) Changes in the place of registration for permanent residence outside the province or centrally administered city;

e) Changes in distinguishing features.

2- In case of loss of the Identity Card, procedures for reissuing must be completed.

Article 6.Procedures for Issuing Identity Cards

1- Citizens specified in Clause 1 of Article 3 have the obligation to go to the police agency to complete procedures for obtaining an Identity Card:

a) Issuance of a new Identity Card:

Present the permanent household registration book;

Take a photograph;

Print fingerprints;

Fill out application forms;

Submit the old Identity Card issued according to Decision No. 143/CP dated August 9, 1976 (if available).

A statement clearly explaining the reason for requesting renewal or reissuance, confirmed by the police station, commune, or town where the permanent residence is registered.

Present the permanent household registration book;

Present the decision on changes in surname, given name, middle name, and date of birth;

Take a photograph;

Print fingerprints of both index fingers;

Fill out the application form for an Identity Card;

Return the expired, damaged, or modified Identity Card as stipulated in Points c, d, and e of Article 5 of this Decree.

3- Citizens obtaining an Identity Card for the first time, renewing, or reissuing it must pay the prescribed fee.

Article 7. Using Identity Cards

1- Citizens may use their Identity Cards as proof of identity and must carry them when traveling or conducting transactions; present them when requested by authorized personnel for inspection or control. The Identity Card number can be used to record in other types of documents of citizens.

2- Strictly prohibited are actions such as forging, erasing, altering, renting, lending, mortgaging... Identity Cards.

Article 8. Management of Identity Cards

The Ministry of Public Security is responsible for directing the production, management of Identity Cards using advanced technology and issuing Identity Cards in accordance with regulations.

Article 9. Inspection of Identity Cards

1- Officials, civil servants, and personnel of organizations assigned tasks related to citizens have the right to request citizens to present their Identity Cards before processing their business.

2- Police officers and village police performing their duties have the right to inspect and control Identity Cards of citizens in public places or within their jurisdiction.

Article 10. Recovery and Temporary Detention of Identity Cards

1- Identity Cards will be recovered in the following cases:

a) Loss of Vietnamese citizenship;

b) Permanent relocation abroad.

2- Identity Cards of citizens will be temporarily detained in the following cases:

a) Violation of administrative regulations requiring temporary detention of Identity Cards;

b) Under temporary detention, serving a prison sentence in a penitentiary; implementing a decision to send them to a reformatory school, educational facility, or medical facility.

Citizens will receive back their Identity Cards upon completion of administrative violation handling decisions; expiration of temporary detention periods, completion of prison sentences; completion of reformatory school, educational facility, or medical facility terms.

Article 11. Authority to Recover and Temporarily Detain Identity Cards

1- The police agency where the procedures for issuing, renewing, or reissuing Identity Cards were completed has the authority to recover Identity Cards as stipulated in Point a and b of Clause 1 of Article 10 of this Decree.

2- Those persons authorized to handle administrative violations under the Administrative Violation Handling Ordinance have the authority to temporarily detain Identity Cards of citizens specified in point a, Clause 2, Article 10 of this Decree.

3- The police district, county, town, city under province where citizens have their permanent residence registration, agencies executing arrest warrants, agencies enforcing prison sentences, decisions to send individuals to educational centers, educational facilities, medical institutions have the authority to temporarily detain Identity Cards of citizens mentioned in point b, Clause 2, Article 10 of this Decree.

Article 12. Petitioning and Reporting

Citizens and organizations have the right to lodge complaints or denunciations against individuals or organizations that violate legal provisions regarding the issuance, management, and use of Identity Cards.

Agencies and individuals with authority must assume responsibility for handling complaints and denunciations in accordance with the laws on complaints and denunciations.

Article 13. Commendation and handling of violations

1- Organizations or individuals who achieve notable results in implementing this Decree on Identity Cards shall be rewarded according to the general system of rewards of the State, depending on the level of achievement.

2- Police officers performing duties related to the issuance and management of Identity Cards who commit violations in such activities shall be subject to disciplinary action or criminal prosecution, depending on the nature and degree of violation.

3- Any person who commits a violation concerning the issuance or use of Identity Cards may be subject to administrative penalties or criminal prosecution, depending on the nature and degree of violation.

Article 14. Implementation

This Decree takes effect from May 1, 1999, and replaces Decision No. 143/CP dated August 9, 1976, of the Council of Ministers.

The Minister of Public Security is responsible for organizing the implementation, guiding procedures for issuing Identity Cards, and replacing currently used Identity Cards according to Decision No. 143/CP dated August 9, 1976, and supervising the enforcement of this Decree.

The Ministry of Finance shall coordinate with the Ministry of Public Security to unify plans for producing Identity Card samples and guide regulations on the collection, payment, management, and use of fees for initial issuance, replacement, and reissuance of Identity Cards.

The Ministers of various Ministries, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for enforcing this Decree./.