Circular No. 23/2020/TT-BCA on People's Police Identity Cards and Certificates in the People's Police Force

CIRCULAR

REGULATIONS ON POLICE IDENTITY CARDS AND CERTIFICATES IN THE NATIONAL POLICE

Certificate in the People's Public Security Force

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;

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

Pursuant to Decree No. 49/2019/NĐ-CP dated June 6, 2019 of the Government detailing and providing implementation measures for certain provisions of the Law on National Police;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security promulgates this Circular guiding the issuance, revocation, management, use, and handling of violations related to Police Identity Cards and Certificates in the National Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, authority, procedures for issuing, revoking, managing, using, and handling violations related to Police Identity Cards and Certificates in the National Police.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

1. Police units and localities include units under the Ministry, provincial and centrally-run city police forces.

2. Contract workers are employees working under indefinite-term or fixed-term labor contracts and receiving salaries from the State budget.

3. A Police Identity Card is issued to officers and non-commissioned officers (including officers and non-commissioned officers in specialized services and technical professions) to prove that the holder is an officer or non-commissioned officer serving in the National Police Force on a professional basis.

4. A Certificate is issued to non-commissioned officers, conscript soldiers, police workers, contract workers, and temporarily recruited citizens for use when entering and exiting agencies and units for work and unit management purposes.

Article 3. Principles for Issuing Police Identity Cards and Certificates in the National Police

1. Police Identity Cards and Certificates must be issued to the correct subjects, within the prescribed authority, and according to the procedures and formalities set forth in this Circular.

2. Each officer and non-commissioned officer shall be issued one Police Identity Card; each non-commissioned officer, conscript soldier, police worker, contract worker, and temporarily recruited citizen shall be issued one Certificate.

3. Personnel organizational bodies shall only hand over Police Identity Cards and Certificates to personnel assigned the task of overseeing and managing these cards and certificates.

Chapter II

POLICE IDENTITY CARD

Article 4. Issuance of Police Identity Cards

1. A new Police Identity Card shall be issued after an officer or non-commissioned officer has been promoted to a rank.

2. A Police Identity Card shall be replaced in the following cases: when an officer or non-commissioned officer changes their place of work, rank, position, or cadre deployment; when the Police Identity Card is damaged; or when the information recorded on the Police Identity Card is inaccurate.

3. A Police Identity Card shall be reissued in the case of loss or misuse contrary to Clause 2, Article 1 of Decree No. 59/2008/NĐ-CP dated May 8, 2008 of the Government on Police Identity Cards but cannot be recovered. Prior to reissuing the Police Identity Card, the police unit or locality shall verify and handle according to regulations.

4. A Police Identity Card shall not be newly issued, replaced, or reissued in the following cases:

a) When an officer or non-commissioned officer is handing over duties awaiting retirement benefits, attending centralized training at schools inside and outside the National Police Force; transferring to another profession, discharging from service, or processing transfer to another unit or locality;

b) When an officer or non-commissioned officer is suspended or temporarily suspended from duty or awaiting disciplinary action.

Article 5. Authority to Issue People's Police Identity Cards

1. The Minister of Public Security signs and issues People's Police Identity Cards for officers holding general rank; officers holding positions from Deputy Director of Departments and equivalent positions upwards, Directors and Deputy Directors of Provincial Police Departments under central cities.

2. The Vice Minister of Public Security responsible for force building signs and issues People's Police Identity Cards for the Minister of Public Security.

3. The Director of the Personnel Organization Department signs and issues People's Police Identity Cards for officers and non-commissioned officers (excluding cases stipulated in Clauses 1 and 2 of this Article) working at units directly under the Ministry.

4. The Commander of the Mobile Police Command, the Director of the Prison Management Police Department, and the Director of the Compulsory Education Facility Management Police Department sign and issue People's Police Identity Cards for officers and non-commissioned officers under their management; the Director of Provincial Police Departments under central cities signs and issues People's Police Identity Cards for officers and non-commissioned officers under their respective Provincial Police Departments (excluding cases stipulated in Clause 1 of this Article).

5. In necessary cases, the Director of the Personnel Organization Department, the Commander of the Mobile Police Command, the Director of the Prison Management Police Department, or the Director of Provincial Police Departments under central cities may delegate authority to sign and issue People's Police Identity Cards to Deputy Directors, Deputy Commanders, or Deputy Directors responsible for force building.

Article 6. Information on People's Police Identity Cards

1. Photograph on People's Police Identity Cards

A portrait photograph measuring 20mm x 27mm, wearing winter uniform according to the force system, wearing a cap and displaying insignia (color photo must be clear and true to life with a blue background); hair should not cover ears, neck, insignia, or badges; no beard or mustache; no glasses or jewelry.

2. Information of officers and non-commissioned officers on People's Police Identity Cards shall be printed from the People's Police personnel database management software, including:

a) Number: the officer or non-commissioned officer number as prescribed in Article 3 of Circular No. 05/2020/TT-BCA dated January 10, 2020 issued by the Minister of Public Security regarding the numbering of People's Police;

b) Full Name: as stated in the birth certificate in the officer’s or non-commissioned officer’s personnel file, in uppercase letters with accents;

c) Date of Birth: as stated in the birth certificate in the officer’s or non-commissioned officer’s personnel file. If only month and year of birth are available, it should be recorded as Month, Year of Birth. If only year of birth is available, it should be recorded as Year of Birth;

d) Rank:

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

From Second Lieutenant to Major, record: Commissioned Officer.

From Captain to Colonel, record: Senior Officer.

From Brigadier General to General, record: Brigadier General, Major General, Lieutenant General, General.

e) Position:

For leading and commanding officers, record position as per the appointment decision, starting from Deputy Battalion Commander, Deputy Team Leader and equivalent positions upwards.

For officers and non-commissioned officers without leadership or command positions: for officers and non-commissioned officers in operational roles, record "Operational Officer" or "Operational Non-Commissioned Officer"; for officers and non-commissioned officers in technical roles, record "Technical Officer" or "Technical Non-Commissioned Officer".

f) Unit: record unit number, if there is no number, abbreviate the unit name;

g) Blood Type: record blood type of the officer or non-commissioned officer receiving the People's Police Identity Card, in uppercase letters.

3. The stamp on People's Police Identity Cards is a reduced-size stamp (including wet and raised stamps) of the Ministry of Public Security or local police units authorized to issue People's Police Identity Cards as stipulated in Article 5 of this Circular. The design and size of the stamp shall comply with the provisions of Circular No. 44/2017/TT-BCA dated October 20, 2017 issued by the Minister of Public Security regarding the design of stamps for state agencies and organizations.

Article 7. Procedures for Issuing Police Identification Cards

1. Documents for issuing Police Identification Cards include:

a) A request for issuing Police Identification Cards;

b) A list of officers and non-commissioned officers requesting Police Identification Cards printed from the Police Personnel Statistical Database Management software;

c) Photographs as prescribed in Clause 1, Article 6 of this Circular;

d) Report on verification and handling results for cases of lost Police Identification Cards.

2. Procedures for Issuing Police Identification Cards

a) The direct management unit of officers and non-commissioned officers checks, reviews, compiles lists, and submits to the head of the unit for signing the request for issuing Police Identification Cards; sends photographs to the organizational cadre agency of the police unit or locality;

b) Within ten working days, the organizational cadre agency examines, proposes the head of the police unit or locality to approve and sign Police Identification Cards for officers and non-commissioned officers as stipulated in Clause 4, Article 5 of this Circular, or approves and signs the request and list for issuing Police Identification Cards for officers and non-commissioned officers as stipulated in Clauses 1, 2, and 3 of Article 5 of this Circular, and forwards the dossier to the Cadre Organization Department;

c) Within twenty working days from the date of receiving the complete application for issuing Police Identification Cards, the Cadre Organization Department examines, approves, and signs Police Identification Cards for officers and non-commissioned officers as stipulated in Clause 3, Article 5 of this Circular, or proposes the leadership of the Ministry to approve and sign Police Identification Cards for officers as stipulated in Clauses 1 and 2 of Article 5 of this Circular;

d) Within five working days from the date of receiving the issued Police Identification Cards signed by the authorized authority as stipulated in Article 5 of this Circular, the organizational cadre agency of the police unit or locality implements stamping and affixing of Police Identification Cards (if necessary); records in the tracking book for issuance of Police Identification Cards;

đ) After receiving Police Identification Cards from the organizational cadre agency, the direct management unit records in the tracking book and issues Police Identification Cards to officers and non-commissioned officers according to the approved list of Police Identification Card issuances.

Article 8. Recovery and Temporary Recovery of Police Identification Cards

1. Police Identification Cards shall be recovered or temporarily recovered in the following cases:

a) Recovery of Police Identification Cards for officers and non-commissioned officers who have retired, transferred to other sectors, discharged from military service, had their titles revoked due to disciplinary actions, or need to exchange Police Identification Cards; attending centralized training at schools within and outside the police sector;

b) Temporary recovery of Police Identification Cards for officers and non-commissioned officers who have been suspended or temporarily suspended from work (for thirty working days or more); traveling abroad for personal reasons; dispatched for work or study abroad for a limited period.

2. Procedures for Recovery and Temporary Recovery of Police Identification Cards:

a) The direct management unit of officers and non-commissioned officers recovers Police Identification Cards or Recovery Certificates of Police Identification Cards; records in the management book for recovery of Police Identification Cards; sends to the organizational cadre agency of the police unit or locality. In case of exchanging cards, the organizational cadre agency only issues new Police Identification Cards after recovering the previously issued Police Identification Cards or Recovery Certificates of Police Identification Cards.

In cases where Police Identification Cards of officers and non-commissioned officers transferring to another police unit or locality are recovered, the direct management unit prepares four copies of the Recovery Certificate of Police Identification Cards (in accordance with the model), with confirmation from the unit's leadership; one copy given to the officer or non-commissioned officer, one copy retained by the direct management unit, one copy filed in the personnel file of the police officer, and one copy retained by the organizational cadre agency of the police unit or locality.

b) In cases of temporary recovery of Police Identification Cards, the direct management unit of officers and non-commissioned officers recovers Police Identification Cards; records in the management book for temporary recovery of Police Identification Cards and retains it at the direct management unit.

c) The organizational cadre agency recovers Police Identification Cards of officers and non-commissioned officers before implementing retirement benefits, transfers to other sectors, discharge from military service, revocation of titles due to disciplinary actions, or before exchanging Police Identification Cards. It cuts off the upper right corner of the front side of the recovered Police Identification Card, each edge of the right-angle corner being 20mm (without detaching), and retains it in the personnel file of the police officer according to the level of classification.

d) Officers and non-commissioned officers must sign and clearly write their full names in the management book for recovery and temporary recovery of Police Identification Cards when submitting Police Identification Cards or Recovery Certificates of Police Identification Cards.

3. In cases where officers and non-commissioned officers as stipulated in point a, Clause 1 of this Article have not yet submitted Police Identification Cards, the organizational cadre agency of the police unit or locality temporarily suspends implementation of decisions to conduct inspections and verifications.   

Article 9. Responsibilities of officers and non-commissioned officers in managing and using the People's Police Identity Card

1. Officers and non-commissioned officers shall use the People's Police Identity Card in accordance with the provisions of Decree No. 59/2008/NĐ-CP.

2. Officers and non-commissioned officers are responsible for preserving, maintaining, and preventing damage or loss of the People's Police Identity Card issued to them; they must return the People's Police Identity Card to the directly managing unit in accordance with Clause 1 of Article 8 of this Circular; when traveling abroad, they are not allowed to carry the People's Police Identity Card.

3. In case of losing the People's Police Identity Card, they must immediately report in writing to the head of the directly managing unit to report to the head of the People's Police unit or locality to issue a notification to other People's Police units and localities to cooperate in searching and preventing others from exploiting it to commit illegal acts.

4. Strictly prohibited are officers and non-commissioned officers from copying, forging the People's Police Identity Card; retaining and using the People's Police Identity Card that has not been issued in accordance with this Circular.

Article 10. Handling Violations in Managing and Using the People's Police Identity Card

1. Officers and non-commissioned officers who use the People's Police Identity Card not in accordance with the provisions of Decree No. 59/2008/NĐ-CP; retain and use the People's Police Identity Card that has not been issued in accordance with this Circular; lose but fail to report or report untimely when discovered during inspection by the unit, or allow it to be exploited may be criminally prosecuted or disciplined according to the law and regulations of the Ministry of Public Security depending on the severity of the violation.

2. Strictly prohibited are organizations and individuals from forging, retaining, and using the People's Police Identity Card contrary to the provisions of Decree No. 59/2008/NĐ-CP and this Circular. Organizations and individuals discovering such actions must report to the nearest state management agency or public security agency for handling; if they fail to report or cover up such actions, they will be dealt with according to the law.

Chapter III

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY

Article 11. Sample of the Certificate

1. Size: 53.98mm x 85.60mm. 

2. Presentation techniques

a) Front side:

Background with blue radiating patterns, framed by a red border measuring 49mm x 81mm, within which is the People's Police emblem embossed with a diameter of 23mm. Above the emblem is the text "Ministry of Public Security", below the emblem is the text "Certificate"; all text is in uppercase letters, red color.

b) Back side:

Centered is the People's Police emblem debossed with a diameter of 21mm on a background of blue radiating patterns; to the left from top to bottom is the text "Ministry of Public Security", below is a photo frame measuring 26mm x 19mm, under the photo is "Valid until:"; to the right from top to bottom are the lines of text "Socialist Republic of Vietnam" (uppercase letters, black color); "Certificate" (uppercase letters, red color); Number...; Name...; Date of Birth...; Position...; Unit...; Date, Month, Year Issued; Head of Unit Signing, Issuing Certificate (lowercase letters, black color).

Article 12. Information on the Certificate

1. Photo on the Certificate

a) Color portrait photo, size 20mm x 27mm. The photo is true-to-life, clear, with a light blue background; no glasses or jewelry should be worn;

b) Uniform: Non-commissioned officers and conscripts wear spring-summer uniforms in accordance with regulations, wearing a peaked cap. Police workers, contractual laborers, and temporarily recruited citizens wear white shirts and black ties.

2. Information of the person receiving the Certificate on the Certificate is printed from the People's Police Personnel Statistical Database Management Software, including:

a) Number:

For non-commissioned officers and conscripts, record the number as specified in Article 3 of Circular No. 05/2020/TT-BCA dated January 10, 2020, issued by the Minister of Public Security regarding the numbering of People's Police.

For police workers, contractual laborers, and temporarily recruited citizens, record the number as for officers and non-commissioned officers.

b) Name: as recorded in the birth certificate in the personnel file of the person receiving the Certificate, in uppercase letters with accents;

c) Date of Birth: as recorded in the birth certificate in the personnel file of the person receiving the Certificate. If only the month and year of birth are available, record: Month, Year of Birth. If only the year of birth is available, record: Year of Birth;

d) Position:

For non-commissioned officers and conscripts, record: Conscript.

For police workers, record: Police Worker.

For contractual laborers, record: Contractual Laborer.

For temporarily recruited citizens, record: Temporary Recruitment.

e) Unit: record the unit number, if there is no number, then abbreviate the unit name;

f) Valid Until: record the validity period of the Certificate

For non-commissioned officers and conscripts, the validity period is 24 months, starting from the date of the order calling citizens to fulfill their duty to join the People's Police. If a non-commissioned officer or conscript is extended service time by the Minister of Public Security, the validity period of the Certificate is according to the decision of the Minister of Public Security.

For police workers and contractual laborers, the validity period is five years from the date of issuance of the Certificate or the duration stated in the labor contract.

For temporarily recruited citizens, the validity period is the temporary recruitment period as stipulated by the Ministry of Public Security for recruiting citizens into the People's Police.

Article 13. Issuance, Replacement, and Reissuance of the Certificate

1. The Certificate shall be newly issued after non-commissioned officers, conscripts have been granted rank; citizens have been temporarily recruited, recruited, or signed labor contracts by competent authorities.

2. The Certificate shall be replaced in the following cases: non-commissioned officers, conscripts, police workers, contractual employees, and temporarily recruited citizens change their working units, positions, or the validity period of the Certificate; the Certificate is damaged; information on the Certificate is inaccurate.

3. The Certificate shall be reissued in case it is lost or used contrary to the provisions of Clause 4, Article 2 of this Circular but cannot be recalled. Before reissuing the Certificate, the local police unit must verify and handle according to regulations.

4. New issuance, replacement, and reissuance of the Certificate shall not be conducted in the following cases: non-commissioned officers, conscripts, police workers, contractual employees during the process of changing profession, discharge from service, transfer to other units or places; currently suspended or temporarily suspended from work or awaiting disciplinary action.

Article 14. Authority, Procedure, and Handling of Violations in Management and Use of the Certificate

1. The authority for new issuance, replacement, and reissuance of the Certificate shall be implemented according to the provisions of Clauses 3, 4, and 5 of Article 5 of this Circular.

2. The procedure and process for new issuance, replacement, reissuance, and recall or temporary recall of the Certificate shall be carried out according to the provisions of Articles 7 and 8 of this Circular.

3. Non-commissioned officers, conscripts, police workers, contractual employees, and temporarily recruited citizens who misuse the Certificate or lose the Certificate without reporting or reporting untimely may be criminally prosecuted or disciplined according to the law and regulations of the Ministry of Public Security depending on the severity of the violation.

Article 15. Responsibilities for Managing and Using the Certificate

1. The person holding the Certificate is responsible for preserving and maintaining it, preventing loss or damage.

2. In case of loss, the holder must immediately report in writing to the head of the direct managing unit to inform the head of the local police unit to issue a notification to other police units to cooperate in searching and preventing illegal activities.

3. It is strictly prohibited for non-commissioned officers, conscripts, police workers, contractual employees, and temporarily recruited citizens to copy, forge the Certificate; misuse it; retain or use certificates that have not been issued according to regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

1. This Circular takes effect from April 25, 2020, and replaces Circular No. 13/2008/TT-BCA dated August 29, 2008, of the Minister of Public Security guiding the implementation of Decree No. 59/2008/NĐ-CP dated May 8, 2008, of the Government regarding the People's Police Identity Card.

2. In case the referenced documents in this Circular are amended, supplemented, replaced, or newly issued, they shall be implemented according to the amended, supplemented, replaced, or newly issued documents.

3. Accompanying this Circular:

a) Appendix 01: Sample Form for Recall of the People's Police Identity Card and Certificate;

b) Appendix 02: Sample Register for Issuance of the People's Police Identity Card and Certificate;

c) Appendix 03: Sample Register for Recall of the People's Police Identity Card and Certificate;

d) Appendix 04: Sample Register for Temporary Recall of the People's Police Identity Card and Certificate.

Article 17. Transitional Provisions

1. The People's Police Identity Card and Certificates for non-commissioned officers, conscripts, and temporary certificates issued before the effective date of this Circular shall continue to be used until they are replaced or reissued according to this Circular.

2. From the effective date of this Circular, previously issued police worker certificates will no longer be valid; local police units are responsible for recalling and issuing certificates according to this Circular; report results to the Cadre Organization Department.

Article 18. Responsibility for Implementation

1. Responsibilities of the Personnel Department

a) Organize guidance, inspection, and propose solutions to difficulties arising during the implementation of this Circular;

b) Annually budget funds for printing paper forms, embossing films, and related equipment and means for issuing the People's Police Identity Card and Certificate;

c) Manage and distribute paper forms, embossing films for the People's Police Identity Card and Certificate, and related equipment and means to provincial and centrally-administered city police departments;

d) Issue a list of positions recorded on the People's Police Identity Card;

đ) Take the lead in coordinating with relevant units to research and propose the application of high technology in the production of paper forms for the People's Police Identity Card and Certificate and management and distribution of the People's Police Identity Card and Certificate.

2. Responsibilities of the Institute of Science and Technology

Organize the production of paper forms, embossing films, and means serving the issuance of the People's Police Identity Card and Certificate according to the proposal of the Cadre Organization Department.

3. Responsibilities of the Planning and Finance Department

Ensure funding for the issuance of the People's Police Identity Card and Certificate by the Cadre Organization Department and local police units.

4. Responsibilities of Local Police Units

a) Promote and implement regulations on the People's Police Identity Card and Certificate and organize the implementation of this Circular;

b) Organize photographing, blood typing, and issuance of the People's Police Identity Card and Certificate for officers, non-commissioned officers, conscripts, police workers, contractual employees, and temporarily recruited citizens under the jurisdiction of local police units according to authority; budget funds for the issuance and distribution of the People's Police Identity Card and Certificate and settle accounts according to regulations;

c) Annually develop plans to inspect the management and use of the People's Police Identity Card and Certificate; promptly identify and handle violations in the management and use of the People's Police Identity Card and Certificate;

d) Files and documents related to the issuance and management of the People's Police Identity Card and Certificate must be stored at the organizational cadre department of the local police unit for tracking and management.

During the implementation of the Circular, if any difficulties or obstacles arise, the police units and localities shall report to the Ministry of Public Security (through the Personnel and Organization Department) for timely guidance./.