Circular No. 10/2016/TT-BCA on the management of citizen identification card archives

CIRCULAR

Regulations on the management of citizen identification records

The Minister of National Defense hereby issues this Circular amending and supplementing certain articles of normative legal documents within the competence to issue of the Minister of National Defense related to the declaration of personal information when performing administrative procedures.

Pursuant to Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures to implement the Law on Identity Cards;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the General Police Department;

The Minister of Public Security issues this Circular to regulate the management of citizen identification records.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, receipt, arrangement, updating, adjustment, transfer, management, exploitation, utilization, processing of information, and preservation of citizen identification records.

Article 2. Applicability

This Circular applies to:

1. Officers and non-commissioned officers of the People's Public Security.

2. Public security units and localities.

3. Agencies, organizations, and individuals related to the management of citizen identification records.

Article 3. Principles for implementing the management of citizen identification records

1. Compliance with the provisions of this Circular and other relevant laws.

2. Citizen identification files and documents must be centrally and uniformly managed within the citizen identification record repository and must be ensured safe from fire prevention and firefighting.

3. Arrangement of files and documents within the citizen identification record repository must be neat, scientific, and convenient for searching and exploiting information.

4. Citizen identification files and documents must be promptly, accurately, and fully updated with information and absolutely protected; maintenance, exploitation, and utilization must be effective.

5. Management, utilization, and exploitation of the citizen identification record repository must be in accordance with its purpose. Information and documents within the citizen identification record repository shall be exploited and utilized according to the law and regulations of the Ministry of Public Security, meeting one of the following requirements:

a) Serving the issuance and management of citizen identification cards and identity cards;

b) Handling information related to crime prevention and combat operations and police business activities;

c) Legal requests of agencies, organizations, and individuals.

Article 4. Requirements and standards for officers and non-commissioned officers performing the management of citizen identification records

Officers and non-commissioned officers of the People's Public Security performing the management of citizen identification records (hereinafter referred to as archival officers) must meet the following requirements and standards:

1. Proficiently grasp and strictly implement the legal provisions on archiving, citizen identification, this Circular, and other relevant legal provisions.

2. Hold a mid-level degree in Public Security or equivalent or higher. For those who graduated from non-Public Security institutions, they must attend a training course on Public Security business as prescribed.

Article 5. Funding for the management of citizen identification records

1. Funding for the management of citizen identification records is guaranteed by the state budget, allocated within regular activity funds, development investment funds, business funds, and other sources as prescribed by the State and the Ministry of Public Security; it can be used for the following activities:

a) Research, drafting, and implementation of legal normative documents on the management of citizen identification records;

b) Construction and renovation of storage rooms for citizen identification records;

c) Purchase of equipment, means, cabinets, and shelves for the management of citizen identification records;

d) Preservation of files and documents;

đ) Research and application of science and technology in the management of citizen identification records;

e) Printing forms for the management of citizen identification records;

g) Organization of training courses and other activities serving the management of citizen identification records.

2. The Criminal Police General Corps shall take the lead in coordinating with the Finance Bureau, the Logistics and Technical General Corps, the Planning and Investment Bureau, and related units to report to the leadership of the Ministry for approval of regular funding to ensure the operation of the management of citizen identification records.

Chapter II

SPECIFIC PROVISIONS

Article 6. Citizen Identity Card Archive

1. The Citizen Identity Card Archive is a system of files and documents on citizen identity cards managed, classified, and arranged in a specific sequence for information retrieval and utilization.

2. Files and documents on citizen identity cards consist of papers and materials reflecting basic information about the background and appearance of citizens collected and updated through the issuance and management of Citizen Identity Cards and Identity Cards.

3. The Citizen Identity Card Archive is established, managed, and preserved by the Administrative Police Department under the Provincial or Central City Police in accordance with this Circular and other relevant laws.

4. Each citizen who has been issued a Citizen Identity Card or Identity Card shall have a file on their citizen identity card established.

Article 7. Files and Documents Stored in the Citizen Identity Card Archive

c) National identity card file transfer forms (if applicable);

d) National identity card information correction forms (if applicable);

đ) Other documents related to the issuance and management of national identity cards and other relevant documents.

2. Documents and materials related to nine-digit identification cards:

d) Citizen Identity Card Information Adjustment Form (if applicable);

đ) Other documents related to the issuance and management of Citizen Identity Cards (if applicable).

2. Files and documents on the issuance and management of nine-digit Identity Cards include:

d) Identification card file transfer forms (if applicable);

đ) Other documents related to the issuance and management of identification cards and other relevant documents.

3. Documents and materials related to twelve-digit identification cards:

b) Identification card application form adjustment cards (if applicable);

đ) Other documents related to the issuance and management of nine-digit Identity Cards (if applicable).

3. Files and documents on the issuance and management of twelve-digit Identity Cards include:

d) Identification card file transfer forms (if applicable);

"Article 10. Transfer of documents and materials related to national identity cards

c) File Transfer Form (if applicable);

d) Other documents related to the issuance and management of twelve-digit Identity Cards (if applicable).

Article 8. Receiving Files and Documents into the Citizen Identity Card Archive

1. Within fifteen working days from the date of issuing Citizen Identity Cards or Identity Cards to citizens, the unit handling the issuance of Citizen Identity Cards or Identity Cards must transfer the files and documents to the unit managing the Citizen Identity Card Archive for arrangement in the archive.

2. Archival staff receive files and documents transferred by the unit handling the issuance of Citizen Identity Cards or Identity Cards. Upon receipt, they must check the documents within the file. If received directly, a handover record must be made; if received via mail delivery, it must be recorded in the tracking log. In cases where the files and documents are not complete as stipulated in Article 7 of this Circular, the receiving staff must request the transferring party to supplement the files (for direct receipt cases) or report to the leadership of their unit to issue a written request to the sending unit to supplement the files (for mail delivery cases).

Article 9. Arranging Files and Documents into the Citizen Identity Card Archive

1. Arranging files and documents related to the issuance and management of twelve-digit Citizen Identity Cards

a) Each citizen's file and documents are placed in a separate citizen identity card file folder. If they cannot fit in one folder, additional folders are created and marked "part 1, part 2... ";

b) Files and documents on citizen identity cards are arranged alphabetically by Vietnamese surname, given name, middle name, date of birth (separately for males and females) based on the information on the citizen identity card file folder.

2. Arranging files and documents related to the issuance and management of nine-digit Identity Cards

a) Classifying fingerprint patterns

- Classify fingerprint patterns printed on the fingerprint card according to the Galton-Henry method, fully recording the six-group fingerprint classification formula on the application form and fingerprint card;

- Verify the classification results and adjust incorrect formulas;

b) Arranging application forms and fingerprint cards

- Application forms are arranged alphabetically by Vietnamese surname and given name (separately for males and females) and date of birth;

- Fingerprint cards are arranged according to the six groups of fingerprint classification patterns.

3. Means for arranging files and documents on citizen identity cards include filing cabinets, shelves, and other means.

Article 10. Transfer of citizen identification file and documents

1. In cases where citizens have been issued, replaced, or reissued Citizen Identification Cards or Identity Cards and move their place of permanent residence outside the scope of a province or centrally governed city, the management agency of citizen identification records at the place from which the citizen moves shall be responsible for transferring the citizen identification file and documents to the management agency of citizen identification records at the place to which the citizen moves.

2. In cases where citizens are issued Citizen Identification Cards at the National Citizen Identification Center under the National Population Registration and Data Management Police Department or at localities outside their places of permanent residence, within twenty days from the date of issuing the Citizen Identification Card to the citizen, the issuing agency shall transfer the citizen identification file and documents to the management agency of citizen identification records at the citizen's place of permanent residence.

Article 11. Adjustment and supplementation of information on citizen identification in citizen identification records

The situations requiring adjustment and supplementation of information on citizen identification in citizen identification records include:

1. Citizens replacing or reissuing Citizen Identification Cards or Identity Cards.

2. Citizens changing their place of permanent residence.

3. Citizens changing their surnames, middle names, given names; dates of birth; physical characteristics; gender determination; and place of origin.

4. Citizens dying, going missing, or being declared dead or missing by a court according to the law.

5. Citizens emigrating abroad, or Vietnamese citizens returning to Vietnam for permanent residence from abroad.

6. Citizens regaining Vietnamese nationality, having their Vietnamese nationality revoked, renouncing Vietnamese nationality, or having their decision to acquire Vietnamese nationality annulled according to the Law on Nationality.

7. Other cases as prescribed by law and by the Ministry of Public Security.

Article 12. Exploitation and utilization of information and documents in citizen identification records

1. The exploitation and utilization of information and documents in citizen identification records must be carried out in accordance with the regulations of the Ministry of Public Security regarding file and recordkeeping systems.

2. Cases allowed to search and exploit information and documents in citizen identification records

a) When citizens apply for, replace, or reissue Citizen Identification Cards or Identity Cards.

b) When there is a request to search and verify information on citizen identification from agencies, organizations, or individuals according to the law and the regulations of the Ministry of Public Security.

3. Procedures for searching and exploiting information and documents in citizen identification records

a) For agencies and organizations

- A document (signed and stamped by a leader) requesting to search and exploit, specifying the purpose and content to be searched and exploited;

- An introduction letter from the agency or organization;

- Presentation of a Citizen Identification Card (Identity Card) or People's Public Security Identity Card.

b) For individuals

- A request form (confirmed by the People's Committee of the commune, ward, town where the individual resides or the agency or organization where they work), specifying the purpose and content to be searched and exploited;

- Relevant documents related to the request (if any);

- Presentation of a Citizen Identification Card (Identity Card) or People's Public Security Identity Card.

Article 13. Authority to Approve Requests to Search and Exploit Information and Documents in Citizen Identification Records

1. The leadership of the Ministry of Public Security approves requests to search, exploit, and provide information and documents in citizen identification records from foreign agencies and organizations.

2. The leadership of the National Police Corps approves requests to search, exploit, and provide information and documents in citizen identification records nationwide and requests from foreign agencies and organizations when authorized by the leadership of the Ministry of Public Security.

3. The head of the citizen identification record management agency of the provincial police force or centrally governed city police force approves requests to search, exploit, and provide information and documents in citizen identification records within the scope of their management.

Article 14. Time for responding to requests for searching and exploiting information and documents in the citizen identity card archive

1. In cases where requests are made to search and exploit information and documents to serve the issuance of citizen identity cards and identification cards, the time for the management agency of the citizen identity card archive to carry out searches and provide responses shall be regulated as follows:

a) For requests from agencies at district, city, and town levels, the time shall not exceed three working days for searches serving the issuance and replacement of citizen identity cards and identification cards; seven working days for reissuance of citizen identity cards and identification cards;

b) For requests from agencies in mountainous highland, border, and island districts, the time shall not exceed ten working days;

c) For requests from other districts, the time shall not exceed seven working days;

d) For requests from agencies in other centrally governed cities and provinces, the time shall not exceed five working days.

2. In cases where units within the Public Security sector request searches and exploitation of information and documents to serve operational requirements, the time for the management agency of the citizen identity card archive to carry out searches and provide responses shall be regulated as follows:

a) For urgent, very urgent, and expedited requests, the time shall not exceed eight hours from the time of receiving the request;

b) For requests with complete information, the time shall not exceed five working days from the time of receiving the request;

c) For requests requiring verification, the time shall not exceed fifteen working days from the time of receiving the request.

3. In cases where requests for searching and exploiting information and documents are made by other agencies, organizations, and individuals, the time for the management agency of the citizen identity card archive to carry out searches and provide responses shall be regulated as follows:

a) For requests that comply with procedures and have clear information, the time shall not exceed seven working days from the time of receiving the request;

b) For requests requiring verification, the time shall not exceed twenty working days from the time of receiving the request.

Article 15. Preservation of the citizen identity card archive

1. Files and documents in the citizen identity card archive must be stored in dry, well-ventilated places to ensure they are not damp or moldy, with measures to prevent fire, explosion, and natural disasters.

2. The citizen identity card archive must have sufficient space to store all files and documents related to citizen identity cards and maintain appropriate temperature, humidity, and lighting conditions.

3. The citizen identity card archive must be equipped with full technical devices and means for preserving stored files and documents.

4. Archive staff must promptly report to unit leaders on the status of files and documents and archive equipment.

5. Unit heads and direct managers of the Public Security sector responsible for managing the citizen identity card archive have the responsibility to establish internal regulations and documents to support preservation work.

Article 16. Retention period for storing and preserving files and documents in the citizen identity card archive

1. Files and documents related to the issuance and management of citizen identity cards have a retention period of twenty years from the date of the citizen's death.

2. Files and documents related to the issuance and management of identification cards shall be retained and preserved according to the period specified in Circular No. 32/2013/TT-BCA dated June 12, 2013, issued by the Minister of Public Security regarding the system of file work and statistical operations of the Police.

3. Files and documents related to the issuance and management of citizen identity cards and identification cards of citizens declared dead or missing by the court shall have a retention period of twenty years from the date the court decision takes effect.

Article 17. Responsibilities for managing, exploiting, and using citizen identity card archives

1. Responsibilities of the General Police Department

c) Organizing training, education, and professional development for archivists;

b) Guide the management, exploitation, and use of citizen identity card archives and inspect the implementation of laws related to citizen identity card archives;

đ) Studying and implementing projects to digitize documents and materials in the national identity card archives;

d) Coordinate with the General Logistics and Technical Department, the Planning and Investment Department, the Finance Department, and relevant units to study and develop proposals for equipping devices and means to serve citizen identity card archiving work;

d) Study and implement projects to digitize files and documents in the citizen identification archive;

e) Direct the effective exploitation of citizen identity card archives to serve the operational requirements of the sector and the legitimate rights and interests of agencies, organizations, and individuals.

2. Responsibilities of provincial and centrally-administered city police departments

a) Establish, manage, use, and exploit citizen identity card archives within their jurisdiction;

b) Assign dedicated staff to handle citizen identity card archiving work;

c) Organize regular and spot inspections of citizen identity card archiving work at the local level;

d) Organize mid-term and final evaluations of citizen identity card archiving work;

3. Responsibilities of archive officers

a) Shall not arbitrarily establish, erase, forge, alter, or distort the contents of files and documents in citizen identity card archives;

b) Shall not appropriate, damage, lose, sell, transfer, destroy, or take files and documents out of storage locations contrary to regulations;

c) Shall not arbitrarily exploit, provide information, or photocopy documents in citizen identity card archives without the approval of authorized leadership;

d) Shall not use information and documents in citizen identity card archives for purposes that infringe upon the interests of the State, the Police Force, or the legitimate rights and interests of agencies, organizations, and individuals.

Article 18. Responsibilities of relevant units in coordinating, exchanging, and providing information on citizen identity cards

1. The agency managing household registration archives shall send the agency managing citizen identity card archives a notification of changes to household registration and population when citizens have changes in their household registration or population to supplement and adjust information in citizen identity card archives.

2. The agency managing citizen identity card archives shall coordinate regularly and continuously with units managing entry and exit affairs and other relevant units to verify and provide information on cases where citizens enter or leave the country, reside, work, or study in border areas.

3. The agency issuing arrest warrants or cancellation orders shall be responsible for sending arrest warrants or cancellation orders to the agency managing citizen identity card archives where the subject of the warrant or cancellation resides to update information in citizen identity card archives.

4. The agency managing citizen identity card archives shall cooperate with the agency managing criminal identity card archives to exchange and connect information on citizens in citizen identity card archives with information on subjects in criminal identity card archives to serve the verification of personal backgrounds of subjects.

Chapter III

IMPLEMENTATION

Article 19. Effective Date

1. This Circular takes effect from April 18, 2016.

2. For files and documents established and stored in citizen identity card archives before this Circular takes effect and which do not comply with its provisions, they must be rearranged according to the provisions of this Circular by no later than December 31, 2018.

Article 20. Responsibility for Implementation

1. The Director of the General Police Department is responsible for monitoring, guiding, urging, and inspecting the implementation of this Circular. Direct the organization of mid-term and final evaluations, experience sharing on citizen identity card archiving nationwide; apply science and technology to citizen identity card archiving work.

2. Directors of General Departments, heads of units under the Ministry of Public Security, Provincial and Central City Police Chiefs, and Fire Prevention and Control Chiefs are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the General Police Department) for timely guidance./.