Circular No. 13/2008/TT-BCA guiding the implementation of Decree No. 59/2008/NĐ-CP dated May 8, 2008 of the Government on People's Public Security Identity Cards

CIRCULAR

Guidelines for Implementing Decree No. 59/2008/NĐ-CP dated May 8, 2008 of the Government on People's Police Identity Cards
of the Government on People's Police Identity Cards
 

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 59/2008/NĐ-CP dated May 8, 2008 of the Government on People's Police Identity Cards;

The Ministry of Public Security hereby issues guidelines for implementing People's Police Identity Cards, Certificates of Citizens Serving on Temporary Assignment, Workers, Officers, and Temporary Staff in the People's Public Security Forces as follows:

I. PEOPLE'S POLICE IDENTITY CARDS

1. Printing information of officers and non-commissioned officers onto the People's Police Identity Card form

a) Information of officers and non-commissioned officers printed onto the People's Police Identity Card form (hereinafter referred to as the Identity Card) shall be done using computerized printing according to a unified program of the Ministry of Public Security, including the following contents:

- Number: is the People's Police identification number.

- Full name: record the full name as stated in the birth registration in the original file of the officer, in uppercase letters with accents.

- Date of birth: record the date, month, and year of birth according to the original file of the officer.

- Rank:

+ From Corporal to Senior Sergeant, record: Non-Commissioned Officer.

+ From Sub-Lieutenant to Major, record: Officer rank.

+ From Captain to Colonel, record: Senior Officer.

+ Lieutenant General and above, record the specific rank: Lieutenant General, Major General, Senior General, General.

- Position:

+ For leading and commanding officers, record the position according to the appointment decision, for example: Platoon Leader of Platoon 1, record: Platoon Leader; Director of the Organization and Cadre Department, record: Director; Deputy Chief of the Political Work Department, record: Deputy Chief.

+ For officers and non-commissioned officers not holding leadership or command positions:

For officers and non-commissioned officers in operational roles, record: Operational Officer, Non-Commissioned Operational Officer.

For officers and non-commissioned officers in technical roles, record: Technical Officer, Non-Commissioned Technical Officer.

- Unit: record the unit code, if there is no code, then abbreviate the unit name, for example:

+ At the Ministry level: Office of the Minister, record: VP1; Office of the Ministry of Public Security, record: V11, Department of Organization and Cadre - National Public Security Force Construction General Department, record: X13 - General Department III.

+ At the local level:

For Identity Cards within the authority of the Ministry to issue: Provincial Public Security Agency of Hai Duong Province, record: Hai Duong Provincial Public Security Agency; Public Security Agency of Ho Chi Minh City, record: Ho Chi Minh City Public Security Agency; Fire Prevention and Fighting Department of Ho Chi Minh City, record: Fire Prevention and Fighting Department of Ho Chi Minh City.

For Identity Cards within the authority of the Provincial Public Security Director, the Director of the Public Security Agency of a centrally governed city, or the Director of the Fire Prevention and Fighting Department of Ho Chi Minh City to issue: Investigation Office of the Public Security Agency of Hanoi City, record: PC16 - Hanoi City Public Security Agency; District 1 Public Security Agency of Ho Chi Minh City, record: District 1 Public Security Agency - Ho Chi Minh City; Public Security Agency of Hai Duong City, Hai Duong Province, record: Hai Duong City Public Security Agency - Hai Duong Province; Public Security Agency of Laphat District, Vinh Phuc Province, record: Laphat District Public Security Agency - Vinh Phuc Province; Political Department - Fire Prevention and Fighting Department of Ho Chi Minh City, record: P5 - Fire Prevention and Fighting Department of Ho Chi Minh City.

- Blood type: record the blood type of the officer or non-commissioned officer receiving the Identity Card.

b) Photograph on the Identity Card

Take a color portrait photograph measuring 20mm x 27mm, wearing winter uniform, wearing badge number, and wearing a beret according to force regulations (the photograph must be clear and true to life, with a blue background - units without winter uniforms may wear spring/summer uniforms).

- Male officer and non-commissioned officer photographs: comply with regulations, hair should not cover the ears or neck; no beard or mustache.

- Female officer and non-commissioned officer photographs: comply with regulations, hair should be neat, not covering the face, ears, insignia, or badges; no jewelry should be worn when taking the photograph.

c) Stamp on the Identity Card is the stamp of the competent authority issuing the Identity Card

- A small stamp with a diameter of 23mm, ink used for stamping is red ink, stamped at one-third from the left side of the signature.

- A raised small stamp with a diameter of 21mm, stamped at one-quarter from the bottom right corner of the photograph.

2. Authority and Recipients of the Identity Card

a) Authority to Issue the Identity Card

- The Minister signs and issues the Identity Card to officers with the rank of general; Department Heads, Bureau Chiefs, Provincial Public Security Directors, and equivalent positions.

- The Deputy Minister responsible for force construction signs and issues the Identity Card to the Minister of Public Security; signs and issues the Identity Card to Deputy Department Heads, Deputy Bureau Chiefs, Deputy Provincial Public Security Directors, and equivalent positions.

- General Department Heads, Guard Commanders, Bureau Chiefs of Prison Management, Educational Institutions, Training Schools, University Directors, College Directors, Provincial Public Security Directors, and Directors of the Fire Prevention and Fighting Department of Ho Chi Minh City sign and issue the Identity Card to officers and non-commissioned officers under their unit or locality according to the cadre management levels specified in Decision No. 70/2008/QĐ-BCA(X13) on the issuance of regulations assigning responsibilities between public security levels regarding some issues in cadre work of the People's Public Security Forces or may delegate to the deputy in charge of force construction to sign.

- Specifically, the General Department Head of the National Public Security Force Construction General Department, in addition to the authority to sign and issue the Identity Card as stipulated for General Department Heads, also has the authority to sign and issue the Identity Card to: Heads of Departments and equivalent positions in Academies and Universities; cadres and soldiers of units directly under the Minister, Intermediate Public Security Colleges (excluding V15, V26).

b) Recipients of the Identity Card

Officers and non-commissioned officers currently serving in the People's Public Security Forces on a professional basis.

c) Recipients Not Issued the Identity Card

- Officers and non-commissioned officers currently studying long-term at public security academies or sent to study outside the sector, abroad... upon graduation and being assigned to work at a public security unit or locality will be issued the Identity Card by that unit or locality.

- Officers and non-commissioned officers currently processing transfer of duty regions, suspended from duty, or awaiting disciplinary action.

d) Recipients Not Eligible for the Identity Card

Officers and non-commissioned officers currently transferring duties pending retirement, transferring sectors, preparing for discharge, or having been disciplined with revocation of the title of People's Police.

3. Responsibilities of Officers and Non-Commissioned Officers in Managing and Using the Identity Card

- Officers and non-commissioned officers shall use Identification Cards in accordance with the provisions set forth in Article 1 and Article 3 of Decree No. 59/2008/NĐ-CP dated May 8, 2008 on Identification Cards for People's Police.

- Officers and non-commissioned officers are responsible for preserving, maintaining, avoiding damage or loss of their Identification Cards; they must not carry their Identification Cards when traveling abroad; they must return their Identification Cards to the organizational personnel department when they no longer need to use them.

- In case of losing the Identification Card, they must report to the direct leadership of their unit to issue a notification to local police units to cooperate in searching and preventing others from exploiting it for illegal activities.

4. Procedures for issuing, exchanging, and managing Identification Cards

a) In cases within the authority to sign and issue by local police units, the organizational personnel department shall be responsible for

- Checking, compiling lists, and printing information of officers and non-commissioned officers under their jurisdiction onto Identification Card blanks, submitting these to the heads of units for signing according to their authority.

- Stamping, affixing, recording in tracking books, and issuing Identification Cards:

+ Each grassroots unit shall assign staff to directly oversee the issuance, exchange, and recovery of National Security Officer Identification Cards, People's Police Certificate, or proof of return to receive new Identification Cards from the organizational personnel department. The handover of Identification Cards must clearly record the total number of cards, date, month, year of receipt, and signature of the recipient with full name.

+ Identification Cards shall not be handed over to individual officers or non-commissioned officers at grassroots units or to others acting on their behalf.

+ Officers and non-commissioned officers receiving Identification Cards at their own units must check and verify the information before signing in the tracking book.

- All files, letters requesting issuance of Identification Cards, lists for signing, tracking books, and records of destruction must be kept at the organizational personnel department of local police units for monitoring and management.

b) In cases within the authority to sign and issue by the Ministry’s leadership, local police units shall prepare reports (including lists and photos) to be sent to the General Department of Force Building of the People's Police (through X13) to process and submit for approval by the Ministry’s leadership.

5. Issuing new, exchanging, reissuing, and recovering Identification Cards

a) New Issuance

Cases where there is a decision to promote rank shall be issued new Identification Cards.

b) Exchange

- Cases stipulated in Clause 1 of Article 3 of Decree No. 59/2008/NĐ-CP dated May 8, 2008 on Identification Cards for People's Police.

- Transfer from technical officers and non-commissioned officers to operational officers and non-commissioned officers, or vice versa; from workers and civil servants to technical officers and non-commissioned officers or operational officers and non-commissioned officers.

- Officers and non-commissioned officers who have been issued National Security Officer Identification Cards or People's Police Certificates under Decree No. 33/2001/NĐ-CP dated July 6, 2001, shall now exchange for Identification Cards under Decree No. 59/2008/NĐ-CP dated May 8, 2008 on Identification Cards for People's Police.

c) Reissue

Officers and non-commissioned officers who lose their Identification Cards shall be reissued after verification and examination in accordance with regulations.

d) Recovery

- Follow Clause 2 of Article 3 of Decree No. 59/2008/NĐ-CP dated May 8, 2008 on Identification Cards for People's Police. In cases where officers and non-commissioned officers pass away, the unit directly managing the personnel needs to coordinate with the relatives of those officers and non-commissioned officers to check and recover the Identification Cards and submit them to the organizational personnel department.

- The organizational personnel department shall be responsible for recovering old Identification Cards, certificates, or proof of recovery of Identification Cards and certificates of officers and non-commissioned officers under their jurisdiction, preparing a handover record before issuing new Identification Cards.

6. Disciplinary Measures for Officers and Non-Commissioned Officers Using Identification Cards for Unauthorized Purposes or Losing Them

a) Using Identification Cards for Unauthorized Purposes

- Using as collateral for loans or borrowing money or goods: Warning.

- Using for illegal purposes, renting, or lending:

+ For less serious consequences, demote one rank or one pay grade.

+ For serious consequences, revoke the title of People's Police or handle according to the law.

b) Losing Identification Cards

- When losing an Identification Card, immediately report in writing to the direct leadership of the unit to take appropriate measures:

+ Loss due to external reasons such as falling during duty to apprehend criminals, natural disasters, fires, theft… if reported promptly and confirmed by the unit leader as true, no disciplinary action will be taken.

+ Loss due to personal negligence results in a reprimand.

- Failure to report the loss of an Identification Card or reporting it late when discovered by the unit will result in a reprimand; if the lost card is exploited by others for illegal activities, the punishment will be a warning or higher.

Officers and non-commissioned officers using Identification Cards for unauthorized purposes or losing National Security Officer Identification Cards or People's Police Certificates, which are only discovered when changing Identification Cards for People's Police, shall be handled according to Circular No. 06/2001/TT-BCA(X13) dated August 2, 2001.

II. IDENTIFICATION CERTIFICATES FOR TEMPORARY SERVICE, WORKERS, AND CIVIL SERVANTS

1. Identification Certificate for Temporary Service

a) Recipients

Non-commissioned officers and soldiers serving temporarily in the People's Police.

b) Purpose

For management of non-commissioned officers and soldiers and for entry and exit from units for work.

c) Model of Identification Certificate for Temporary Service

- Size: 53.98mm x 85.60mm.

- Front side: light blue floral pattern background, red border size 49mm x 81mm, central police emblem raised print diameter 23mm. Above the emblem is the text: Ministry of Public Security, below the emblem are two lines of text: Certificate; Temporary Service Citizen; all text in red.

- Back side: central police emblem recessed print diameter 21mm on a light blue floral pattern background. On the left from top to bottom is the text: Ministry of Public Security, below is a color photo, size 20mm x 27mm (wearing winter uniform according to force system - units not provided with winter uniforms wear spring-summer uniforms) of the person receiving the certificate, below the photo is blood type. On the right from top to bottom are lines of text: (black) Temporary Service Citizen Identification Certificate Socialist Republic of Viet Nam (red); ; number (red); number…||| Surname...; Date of birth...; Enlisted...; Unit...; Valid until date, month, year; Date, month, year issued; Head of unit signing and issuing the certificate (red).

||| 2. Certificate for Workers and Civil Servants

a) Recipients

||| Workers and civil servants serving in the People's Public Security Force (including those within the establishment, indefinite-term labor contracts).

b) Purpose

||| For managing workers and civil servants and for entering and exiting the workplace.

||| c) Sample Certificate for Workers and Civil Servants

- Size: 53.98mm x 85.60mm.

||| - Front side: blue background for workers, with white border dimensions 49mm x 81mm, in the center is the Public Security Emblem raised relief diameter 23mm. Above the Public Security Emblem is the text: Ministry of Public Security, below the emblem are two lines of text: ||| Certificate; Worker, Civil Servant||| , all text in yellow color.

||| - Back side: in the center is the Public Security Emblem embossed diameter 21mm on a light blue floral patterned background. On the left from top down is the text: Ministry of Public Security, below is a color photo, size 20mm x 27mm ||| (white shirt tie) Temporary Service Citizen Identification Certificate Socialist Republic of Viet Nam (red); ||| Certificate for Workers and Civil Servants ||| (color red), number…; Surname...; Date of birth...; Unit...; Valid until date, month, year; Date, month, year issued; Head of unit signing and issuing the certificate (red).

||| 3. Temporary Certificate

a) Recipients

||| Temporary staff recruited in the People's Public Security Force.

b) Purpose

||| For managing temporary staff and for entering and exiting the workplace.

||| c) Sample Temporary Certificate

- Size: 53.98mm x 85.60mm.

||| - Front side: white background, with red border dimensions 49mm x 81mm, in the center is the Public Security Emblem raised relief diameter 23mm. Above the Public Security Emblem is the text: Ministry of Public Security||| , below the Public Security Emblem is the text: ||| Temporary Certificate; all text in red.

- Back side: central police emblem recessed print diameter 21mm on a light blue floral pattern background. On the left from top to bottom is the text: Ministry of Public Security, below is a color photo, size 20mm x 27mm ||| (white shirt tie) Temporary Service Citizen Identification Certificate Socialist Republic of Viet Nam (||| color black); ||| Temporary Certificate  ||| (red color), ||| number... Surname...; Date of birth...; Unit...; Valid until date, month, year; Date, month, year issued; Head of unit signing and issuing the certificate (red).

||| 4. Responsibilities of individuals holding the Certificate for Citizens Serving for a Limited Period, Certificate for Workers and Civil Servants, and Temporary Certificate

||| Individuals holding the Certificate for Citizens Serving for a Limited Period, Certificate for Workers and Civil Servants, and Temporary Certificate (hereinafter referred to collectively as the Certificate) shall be responsible for preserving, maintaining, and preventing loss or damage to the Certificate. In case of loss, they must immediately report in writing to their direct leadership unit to issue a written notice to local public security units for joint search and prevention of illegal activities by others.

||| 5. Disciplinary Measures for Loss of Certificate

||| Non-commissioned officers, soldiers serving for a limited period in the People's Public Security Force, workers, civil servants, and temporary staff who misuse the Certificate or lose it without reporting will be subject to disciplinary action according to the provisions of Clause 6, Section I of this Circular, depending on the severity of the violation.

||| 6. Validity Period of the Certificate

||| - Certificate for Citizens Serving for a Limited Period: validity period of three years.

||| - Certificate for Workers and Civil Servants: validity period of seven years for workers and civil servants within the establishment and indefinite-term labor contracts.

||| - Temporary Certificate: validity period of one year.

||| 7. Authority, Procedures, and Formalities for Issuing, Replacing, and Printing Information on the Certificate

||| The authority, procedures, and formalities for issuing, replacing, and printing information on the Certificate shall be carried out as stipulated in this Circular regarding the Public Security Identity Card.

III. IMPLEMENTATION

||| 1. Responsibilities of the General Department of Public Security Force Construction

||| - Advising and proposing the Minister to sign and issue Public Security Identity Cards for cadres under the management of the Minister.

||| - Budgeting funds for printing blank certificates, film lamination, equipment, and means for initial distribution and regular supply.

||| - Managing and distributing blank Public Security Identity Cards, Certificates for Citizens Serving for a Limited Period, Certificates for Workers and Civil Servants, and Temporary Certificates to local public security units.

||| - Developing programs, installing, and guiding the General Departments, the General Command of Security Guard, subordinate units of the Minister, provincial public security departments, and the Fire Prevention and Fighting Police Department of Ho Chi Minh City in the issuance, replacement, and management of Public Security Identity Cards.

||| - Organizing implementation, inspection, and guidance for local public security units in implementing Decree No. 59/2008/ND-CP dated May 8, 2008 on Public Security Identity Cards and this Circular.

||| 2. Responsibilities of the Technical General Department

||| - Organizing printing of blanks, producing film lamination, photo cutting dies, and paper cutting dies at the request of the General Department of Public Security Force Construction.

||| - Blank Public Security Identity Cards, Certificates for Citizens Serving for a Limited Period, Certificates for Workers and Civil Servants, and Temporary Certificates are printed on cotton paper material, laminated with plastic film, and kept confidential.

3. Responsibilities of the Financial Department

||| Providing sufficient funding for initial distribution and regular annual supplementary distribution ||| (including printing blanks, film lamination, photography, computers, printers, ink, equipment, training for printing...) |||||| Funding for Public Security Identity Cards and various types of Certificates specified in this Circular is sourced from the annual budget of local public security units and settled based on actual expenditure.

4. Responsibilities of local public security units

||| Personnel organizations of local public security units organize photography, blood group testing, and issuance of Public Security Identity Cards and various types of Certificates for officers, non-commissioned officers, soldiers, workers, civil servants, and temporary staff under their jurisdiction according to their authority.

1. This Circular takes effect from May 15, 2013.

||| a) This Circular takes effect thirty days after its signing, previous regulations contrary to this Circular are abolished.

||| b) Directors of the General Departments, heads of subordinate units of the Minister, provincial public security directors, directors of the Fire Prevention and Fighting Police Department of Ho Chi Minh City, directors of academies, and principals of police universities have the responsibility to implement this Circular.

||| c) As of January 1, 2009, previously issued National Security Identity Cards, Police Identity Cards, Military Service Certificates, Worker and Employee Certificates, and Temporary Certificates are no longer valid. Local public security units are responsible for collecting previously issued National Security Identity Cards, Police Identity Cards, Military Service Certificates, Worker and Employee Certificates, and Temporary Certificates, documenting them, organizing destruction, and reporting results to the General Department of Public Security Force Construction (through X13).

During the implementation of this Circular, if any difficulties or obstacles arise, the police units and localities shall promptly report to the Ministry of Public Security (through the General Department for Building the Police Force) for timely guidance./.