Circular No. 17/2024/TT-BCA provides detailed regulations on certain provisions and implementation measures of the Law on Identity Cards.

CIRCULAR

Detailed provisions on certain articles and implementation measures of the Law on Identity Cards

Pursuant to the Law on Identity Cards dated November 27, 2023;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

1. Amending and supplementing Clause 2 and Clause 3 of Article 3 as follows:

The Minister of Public Security issues this Circular detailing certain provisions and implementation measures of the Law on Identity Cards.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details and provides implementation measures regarding the form of electronic identity cards; content displayed on the identity card concerning residential information; content displayed on the identity card for cases where there is no or insufficient information about place of birth, registration of birth, native place, ethnicity, religion; organizations collecting applications for issuance, replacement, reissuance of mobile identity cards when necessary; agreements on the use of the national identification application; forms used in the issuance and management of identity cards; forms used in the collection, updating, adjustment, integration, confirmation, exploitation of information in the National Population Database, Identity Card Database; responsibilities of local public security agencies in the issuance and management of identity cards.

Article 2. Applicability

1. Local public security units.

2. Officers, non-commissioned officers, and soldiers of the People's Public Security.

3. Agencies, organizations, and individuals related to the issuance and management of identity cards.

Chapter II

SPECIFIC PROVISIONS

Article 3. Form of Electronic Identity Card

1. An electronic identity card is presented in the form of an image of an identity card or a valid citizen identity card, and other information stored and integrated into the electronic identity card is presented in the form of characters. The electronic identity card is created with a unique identifier by the identity card management agency of the Ministry of Public Security to ensure accuracy and integrity according to the laws on electronic transactions.

2. The electronic identity card can be accessed and used through a digital identity account on the national identification application; it is updated promptly with all relevant information concerning the issuance, management, and integration of information on the identity card.

Article 4. Content Displayed on the Identity Card Regarding Residential Information

1. The residential information displayed on the identity card is the permanent residence address of the person receiving the identity card.

2. In cases where the applicant for issuance, replacement, or reissuance of the identity card does not have a permanent residence but has a temporary residence, the residential information displayed on the identity card is the temporary residence address of the person receiving the card.

3. In cases where the applicant for issuance, replacement, or reissuance of the identity card does not have a permanent residence or temporary residence due to lack of conditions for permanent or temporary residence registration, the residential information displayed on the identity card is the current residence address of the person receiving the card.

4. In cases where the applicant for issuance, replacement, or reissuance of the identity card does not have residential information in the National Population Database, the identity card management agency shall guide citizens to complete procedures for permanent residence registration, temporary residence registration, or declaration of residential information. For Vietnamese citizens residing abroad without a residence in Vietnam, the residential information on the identity card shall display the overseas residence address (clearly phoneticized in Vietnamese).

Article 5. Content Displayed on the Identity Card for Cases Where There Is No or Insufficient Information About Place of Birth, Registration of Birth, Native Place, Ethnicity, Religion

1. If the identity card lacks or does not fully display administrative unit names at the commune, district, and provincial levels for place of birth, registration of birth, and native place, the identity card management agency shall require citizens to provide documents issued by competent authorities that fully reflect such information to collect, update, and adjust them into the National Population Database and Identity Card Database.

If the documents provided by citizens do not fully reflect administrative unit names at the commune, district, and provincial levels, the identity card management agency shall request citizens to provide information and issue a written commitment and assume responsibility for the provided information about place of birth, registration of birth, and native place. The identity card management agency shall coordinate with the household registration management agency and other relevant agencies to verify and ensure accuracy and consistency before collecting, updating, and adjusting them into the National Population Database and Identity Card Database.

2. If the ethnic group and religious information on the identity card is missing or has been collected but the citizen requests updates or adjustments, the identity card management agency shall update and adjust according to Article 10 of the Law on Identity Cards.

Ethnic group and religious information updated and adjusted into the National Population Database and Identity Card Database must belong to the list of ethnic groups and religions promulgated or recognized by authorized bodies.

Article 6. Organization of receiving applications for issuance, replacement, and reissuance of identity cards and certificates of residence in mobile situations when necessary

1. The management agency of identity cards shall organize procedures for issuing, replacing, and reissuing identity cards and certificates of residence at the address of other agencies or organizations upon request and when the management agency has sufficient conditions in terms of equipment, technical facilities, and human resources to carry out such procedures.

2. The management agency of identity cards shall organize procedures for issuing, replacing, and reissuing identity cards and certificates of residence at the People's Police Station of the commune or the place of residence of citizens in cases where elderly, sick, accident victims, disabled persons, and other special cases exist, provided that the management agency has sufficient conditions in terms of equipment, technical facilities, and human resources to carry out such procedures.

Article 7. Agreement on the use of national identification application

1. Agencies, organizations, and individuals using the national identification application shall be responsible for:

a) Providing complete and accurate data about the agency, organization, or individual when agreeing to use the national identification application;

b) Not using electronic identification accounts or electronic identity cards for activities or transactions contrary to the provisions of the law, infringing upon national security, defense, national interests, public interests, and the legitimate rights and interests of other agencies, organizations, and individuals;

c) Not interfering illegally with the operation of the national identification application;

d) Adhering to guidelines for using the national identification application issued by the Ministry of Public Security's identity card management agency.

2. The identity card management agency under the Ministry of Public Security shall be responsible for:

a) Applying security measures to ensure information security and protect data provided by agencies, organizations, and individuals during the development and management of the national identification application in accordance with the provisions of the law;

b) Using data provided by agencies, organizations, and individuals only within the scope, purpose, functions, and tasks assigned when using the national identification application;

c) Informing agencies, organizations, and individuals using the national identification application about activities related to processing their data, except where otherwise provided by law.

Article 8. Forms used in the issuance and management of identity cards

1. Identity Information Receipt Form (code CC01)

The Identity Information Receipt Form is established by the identity card management agency receiving applications for issuance, replacement, or reissuance of identity cards or certificates of residence based on extracting information from the National Population Database and the Identity Card Database for citizens and Vietnamese origin persons not yet determined their nationality residing in Vietnam (hereinafter referred to as Vietnamese origin persons not yet determined their nationality) when performing the procedure.

2. Result Notification for Identity Card Procedures (code CC02)

The Result Notification for Identity Card Procedures is issued by the identity card management agency receiving applications to notify citizens and Vietnamese origin persons not yet determined their nationality of the date to receive the results of identity card procedures.

3. Notice of Refusal to Process Identity Card Procedures (code CC03)

The Notice of Refusal to Process Identity Card Procedures is established by the identity card management agency receiving applications to inform citizens and Vietnamese origin persons not yet determined their nationality of the refusal to process identity card procedures.

4. Confirmation of Nine-Digit ID Number and Personal Identification Number (code CC04)

The Confirmation of Nine-Digit ID Number and Personal Identification Number is issued by the identity card management agency or the Commune Police Station to confirm the nine-digit ID number with the personal identification number; the canceled personal identification number with the newly established personal identification number.

5. Record of Identity Card and Certificate of Residence Recovery (code CC05)

The Record of Identity Card and Certificate of Residence Recovery is established by the authorized agency in cases where identity cards and certificates of residence are recovered according to regulations.

Article 9. Forms to be used in collecting, updating, adjusting, integrating, confirming, and exploiting information in the National Population Database and the Identity Card Database.

1. The Resident Information Collection Form (designated as DC01)

The Resident Information Collection Form is used for citizens and Vietnamese-origin individuals whose nationality has not been determined to declare information for collection and updating into the National Population Database.

2. The Application Form for Identity Card Procedures (designated as DC02)

The Application Form for Identity Card Procedures is used when citizens and Vietnamese-origin individuals whose nationality has not been determined perform procedures for issuing, reissuing, replacing identity cards; confirming citizen identification number, personal identification number; canceling, re-establishing personal identification number; exploiting information in the National Population Database; exploiting information in the Identity Card Database; adjusting information in the National Population Database; integrating information into the identity card; collecting and updating information into the Identity Card Database.

3. The Information Provision Form in the National Population Database and the Identity Card Database (designated as DC03)

The Information Provision Form in the National Population Database and the Identity Card Database is issued by the identity management agency or the police station to agencies, organizations, or individuals requesting to exploit information in the National Population Database and the Identity Card Database.

Article 10. Management and Use of Forms

1. Forms CC01, CC02, CC03, CC04, CC05, DC01, DC02, DC03 are printed on A4 size paper (210 mm x 297 mm), using black ink on white paper.

2. Forms CC01, CC02, CC03, CC04, DC03 are integrated into the software system of the National Population Database and the Identity Card Database and can be directly printed from computers for use. Printed forms include information extracted from the National Population Database and the Identity Card Database. For numbered forms, the identity management agency records the form numbers in ascending order starting from number 01 on January 1st of each year and ending on December 31st of the same year.

3. Depending on needs, agencies, organizations, or individuals may request the identity management agency to provide electronic copies or electronic duplicates of the results of identity card procedures (including forms CC04, DC03) in accordance with laws governing administrative procedures in an electronic environment.

Article 11. Responsibilities of the Administrative Police Department for Social Order Management

1. Advising on the drafting and submission to the Minister of Public Security for promulgation of normative legal documents concerning identity cards, the National Population Database, and the Identity Card Database within their authority.

2. Assisting the Minister of Public Security in directing, guiding, urging, inspecting local public security organs in implementing regulations on issuing, managing identity cards and identity certificates; collecting, updating, adjusting, managing, connecting, sharing, and exploiting information in the National Population Database, the Identity Card Database, and the Electronic Identification and Authentication System.

3. Organizing the production and unified management of identity cards; coordinating with the Planning and Finance Department, the Equipment and Logistics Department, the Institute of Science and Technology, and related units to ensure funding for the production, management of identity cards and identity certificates, materials, equipment, and forms serving the issuance of identity cards and identity certificates.

4. Inspecting, resolving complaints and grievances, and handling violations related to the issuance and management of identity cards and identity certificates in accordance with the law.

5. Implementing international cooperation in matters related to the National Population Database and the Identity Card Database; issuing and managing identity cards and identity certificates.

6. Summarizing, concluding, and statistically analyzing the National Population Database and the Identity Card Database; issuing and managing identity cards and identity certificates.

Article 12. Responsibilities of Units under the Ministry of Public Security

1. The Department of Planning and Finance shall be responsible for taking the lead and coordinating with the Department of Administrative Police to allocate regular and emergency funds to maintain the operation of the National Population Database, the Identity Card Database; issuing, managing identity cards, and identity certificates.

2. The Department of Information Technology, the Institute of Science and Technology, the Department of Telecommunications and Cryptography shall be responsible for taking the lead and coordinating with the Department of Administrative Police to provide guidance and ensure technical, technological, and information security aspects in the construction and management of the National Population Database, the Identity Card Database; issuing, managing identity cards, and identity certificates.

3. The Logistics Department, the Equipment and Warehousing Department shall be responsible for taking the lead and coordinating with the Department of Administrative Police to provide guidance and ensure material and equipment support in the management and operation of the National Population Database, the Identity Card Database; issuing, managing identity cards, and identity certificates.

4. Other units under the Ministry of Public Security shall, based on their assigned functions and tasks, be responsible for coordinating with the Department of Administrative Police in work related to the National Population Database, the Identity Card Database; issuing, managing identity cards, and identity certificates.

Article 13. Responsibilities of Provincial Public Security Departments

1. Directly implement and advise the People's Committee at the provincial level to organize the implementation of legal documents concerning the National Population Database, the Identity Card Database, issuing, and managing identity cards and identity certificates.

2. Organize the collection, updating, standardization, digitization, and exploitation of information in the National Population Database, the Identity Card Database. Organize the implementation of work related to the receipt and management of applications for identity cards and identity certificates.

3. Inspect, audit, resolve complaints and denunciations, and handle violations related to the work of collecting, updating, adjusting, exploiting, and using information in the National Population Database, the Identity Card Database, and the work of issuing and managing identity cards and identity certificates within their jurisdiction.

4. Report periodically and urgently on the work of issuing and managing identity cards in their jurisdiction to the Ministry of Public Security.

Article 14. Responsibilities of County Public Security Departments

1. Implement legal documents concerning the National Population Database, the Identity Card Database, issuing, and managing identity cards to the Public Security Departments at the commune level; direct, guide, and inspect the Public Security Departments at the commune level in collecting citizen information into the National Population Database; carry out the collection and updating of information about Vietnamese citizens who have not been identified as having citizenship into the National Population Database.

2. Organize the collection, updating, standardization, digitization, and exploitation of information in the National Population Database, the Identity Card Database; issuing, managing identity cards.

3. Organize the implementation of work related to the receipt of applications for identity cards and identity certificates; inspect the use of identity cards and identity certificates of citizens and Vietnamese citizens who have not been identified as having citizenship within their jurisdiction according to the law.

4. Resolve complaints and denunciations related to the work of collecting, updating, adjusting, and exploiting information in the National Population Database, the Identity Card Database, and the work of issuing and managing identity cards and identity certificates within their jurisdiction.

5. Report periodically and urgently on the work of issuing and managing identity cards in their jurisdiction to the Provincial Public Security Department.

Article 15. Responsibilities of the Police at the Commune Level

1. Collecting, updating, and adjusting information about citizens in the National Population Database.

2. Monitoring, statistics, and reviewing citizens, overseas Vietnamese who have not yet determined their nationality and have not been issued identity cards or identity certificates; coordinating with higher-level police in organizing the collection of applications for identity cards and identity certificates within the managed area.

3. Resolving complaints and reports related to the work of collecting, updating, adjusting, and utilizing information in the National Population Database within the scope of management.

4. Organizing inspections on the use of identity cards and identity certificates within the managed area in accordance with the provisions of the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from July 1, 2024.

2. The following circulars shall cease to be effective from the date this Circular takes effect:

a) Circular No. 59/2021/TT-BCA dated May 15, 2021, of the Minister of Public Security detailing the implementation of the Law on Identity Cards and the Decree No. 137/2015/NĐ-CP dated December 31, 2015, detailing certain provisions and measures for implementing the Law on Identity Cards, which has been amended and supplemented by Decree No. 37/2021/NĐ-CP dated March 29, 2021;

b) Circular No. 66/2015/TT-BCA dated December 15, 2015, of the Minister of Public Security stipulating forms used in the issuance and management of identity cards, identity card archives, and the National Population Database;

c) Circular No. 41/2019/TT-BCA dated October 1, 2019, of the Minister of Public Security amending and supplementing some articles of Circular No. 66/2015/TT-BCA dated December 15, 2015, stipulating forms used in the issuance and management of identity cards, identity card archives, and the National Population Database;

d) Circular No. 104/2020/TT-BCA dated September 30, 2020, of the Minister of Public Security amending and supplementing some articles of Circular No. 66/2015/TT-BCA dated December 15, 2015, of the Minister of Public Security stipulating forms used in the issuance and management of identity cards, identity card archives, and the National Population Database, which has been amended and supplemented by Circular No. 41/2019/TT-BCA dated October 1, 2019, of the Minister of Public Security.

Article 17. Responsibility for Implementation

1. The Director of the Administrative Police Department shall be responsible for inspecting and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Directors of Provincial Police Departments, and agencies, organizations, and individuals concerned shall be responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, local police units, agencies, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Administrative Police Department) for timely guidance.