Circular No. 40/2019/TT-BCA amending and supplementing certain Articles of Circular No. 07/2016/TT-BCA dated February 1, 2016, issued by the Minister of Public Security detailing certain provisions of the Law on Citizen Identification Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures for implementing the Law on Citizen Identification Cards.

CIRCULAR

Amending and supplementing certain articles of Circular No. 07/2016/TT-BCA dated February 1, 2016 issued by the Minister of Public Securitydetailing certain provisions of the Law on Identity Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015detailing certain provisions and measures to implement the Law on Identity Cards

Pursuant to the Law on Identity Cards 2014;

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

On the basis of Decree No. 01/2018/ND-CP dated August 6, 2018 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 amending and supplementing certain articles of Circular No. 07/2016/TT-BCA dated February 1, 2016 issued by the Minister of Public Security detailing certain provisions of the Law on Identity Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures to implement the Law on Identity Cards.

Article 1. Amending and supplementing certain articles of Circular No. 07/2016/TT-BCA dated February 1, 2016 issued by the Minister of Public Security detailing certain provisions of the Law on Identity Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and measures to implement the Law on Identity Cards

1. Amend and supplement Article 11 as follows:

“Article 11. Authority to permit access to information in the National Identity Card Database

1. The Director of Provincial Police, the Head of County Police have the authority to permit access to information about residents permanently residing in their jurisdiction.

2. The head of the identity card management agency under the Ministry of Public Security has the authority:

a) To permit access to information about citizens nationwide;

b) To permit access and search for fingerprints stored and managed in the National Identity Card Database at the identity card management agency under the Ministry of Public Security.”

2. Amending and supplementing points a and b of Clause 1, Article 12 as follows:

“a) Citizens fill out the Identity Card Application Form. In cases where citizens declare information according to the Identity Card Application Form template on the online public service portal, they select the date to apply for the Identity Card and send the Application Form to the identity card management agency at the place of permanent residence through the online public service portal. For localities that accept applications for Identity Cards at the One-Stop Service Center at the county level or at the provincial administrative center, after receiving the application, the staff will transfer the application to the competent identity card management agency.

b) Staff receiving applications for Identity Cards at the identity card management agency check and compare the information of the citizen in the Identity Card Application Form (in cases where citizens declare online, the information is received via barcode readers or other information collection devices into the system) with the information in the National Population Database connected to the National Identity Card Database to accurately identify the person to be issued the card and unify the contents of the citizen's information;

In cases where the National Population Database has not been operational, citizens must present Household Registration Books. If the information in the Household Registration Book is incomplete or inconsistent with the information declared by the citizen on the Identity Card Application Form, citizens must present Birth Certificates, old Identity Cards, or other valid documents regarding the information required in the Identity Card Application Form;

In cases where citizens apply for Identity Cards at the county-level identity card management agency and need to adjust changes in the Household Registration Book which fall within the jurisdiction of the county police and the citizen presents all valid documents as required by the law on residence, the agency will simultaneously accept the application for adjustment of changes in the Household Registration Book along with the application for the Identity Card. The staff will transfer the application for adjustment of changes in the Household Registration Book to the registration and residence management department to make the adjustments according to regulations. After completing the adjustments, the registration and residence management department will return the adjusted Household Registration Book to the staff receiving applications for Identity Cards.”

3. Amending and supplementing point e of Clause 1, Article 12 as follows:

“e) The agency receiving the application for issuance of the Identity Card Confirmation Certificate, returning the Identity Card and Household Registration Book (if applicable) shall deliver them at the time and location specified in the appointment letter. The place for returning the Identity Card is the place where the application was made; if the citizen requests delivery at another location, the citizen must specify the address for delivery on the Identity Card Application Form. The agency receiving the application for the Identity Card shall ensure delivery at the requested location within the specified timeframe, and the citizen must pay the service fee for delivery according to regulations.”

4. Amend and supplement Article 15 as follows:

“Article 15. Collection, submission, and processing of Identity Cards when citizens transition from 9-digit Identity Cards, 12-digit Identity Cards to Citizen Identification Cards and confirmation of Identity Card numbers

When citizens proceed with the procedures to transition from 9-digit Identity Cards, 12-digit Identity Cards to Citizen Identification Cards, the file reception officers shall act as follows:

1. For 9-digit Identity Cards:

a) In cases where the 9-digit Identity Card remains clear (photo, Identity Card number, and text), issue a receipt for the Citizen Identification Card together with the untrimmed 9-digit Identity Card for the citizen to use during the waiting period for the Citizen Identification Card. Upon returning the Citizen Identification Card, the file reception officer requests the citizen to submit the receipt for the Citizen Identification Card along with the 9-digit Identity Card and trim the upper right corner of the front side of the Identity Card, each edge of the right angle being 2 cm, record this in the file, and return the trimmed 9-digit Identity Card to the person receiving the Citizen Identification Card; if the citizen requests the Citizen Identification Card to be delivered via postal service to the specified address, the citizen identification management agency that received the file will immediately trim the corner and return the trimmed 9-digit Identity Card after receiving the citizen's file.

b) In cases where the 9-digit Identity Card is damaged, peeled off, or unclear (photo, Identity Card number, and text), collect and cancel the Identity Card, record this in the file, and issue a Certificate confirming the Identity Card number.

2. For 12-digit Identity Cards:

a) In cases where the 12-digit Identity Card remains clear (photo, Identity Card number, and text), issue a receipt for the Citizen Identification Card together with the untrimmed 12-digit Identity Card for the citizen to use during the waiting period for the Citizen Identification Card. Upon returning the Citizen Identification Card, the file reception officer requests the citizen to submit the receipt for the Citizen Identification Card along with the 12-digit Identity Card and trim the upper right corner of the front side of the Identity Card, each edge of the right angle being 1.5 cm, record this in the file, return the trimmed 12-digit Identity Card to the citizen; if the citizen requests the Citizen Identification Card to be delivered via postal service to the specified address, the citizen identification management agency that received the file will immediately trim the corner and return the trimmed 12-digit Identity Card after receiving the citizen's file.

b) In cases where the 12-digit Identity Card is damaged, peeled off, or unclear (photo, Identity Card number, and text), collect and cancel the Identity Card, record this in the file, and issue a Certificate confirming the Identity Card number.

3. In cases where citizens lose their 9-digit Identity Card while applying for a Citizen Identification Card, the agency receiving the application for the Citizen Identification Card is responsible for issuing a Certificate confirming the lost 9-digit Identity Card number.

4. Issuance of Certificate confirming the Identity Card number:

a) When citizens apply for issuance, replacement, or reissuance of Citizen Identification Cards, the citizen identification management agencies that receive the files are responsible for issuing a Certificate confirming the Identity Card number for all cases transitioning from 9-digit Identity Cards to Citizen Identification Cards.

In cases where the citizen identification management agencies of the Ministry of Public Security or the public security bureaus at district level receive the files, they shall request the citizen identification management agencies of the public security departments at provincial level where the citizens are registered to verify. After obtaining the verification results, the citizen identification management agency that received the file shall check and compare the information; if the information is valid, the file reception officer shall present the head of the unit to sign the Certificate confirming the Identity Card number and return it to the citizen together with the Citizen Identification Card; if the file is invalid, provide a written response and specify the reasons.

b) In cases where citizens have been issued Citizen Identification Cards but have not yet received a Certificate confirming the Identity Card number or have lost the Certificate confirming the Identity Card number, the following actions shall be taken:

Citizens shall submit a written request for issuance of a Certificate confirming the Identity Card number, present the original and submit a copy of the Citizen Identification Card, and a copy of the 9-digit Identity Card (if available) to the file reception officer at the citizen identification management agency where the application for issuance, replacement, or reissuance of the Citizen Identification Card was made. The file reception officer shall check the citizen's information; if the information is valid, accept the file and issue a receipt for the result to the citizen; if the file is invalid, provide a written response and specify the reasons.

The time limit for issuing a Certificate confirming the Identity Card number is 7 working days, counted from the date of receiving a complete and valid file.

5. Amend and supplement Article 19 as follows:

“Article 19. Responsibilities of the Administrative Police Department for Social Order Management

1. Advise and propose competent authorities to draft and promulgate regulatory legal documents on the National Population Database, the National Identity Card Database, issuance, and management of the National Identity Cards. Direct, guide, urge, and inspect public security units at all levels in implementing regulatory legal documents on the National Population Database, the National Identity Card Database; issuance, and management of the National Identity Cards.

2. Take the lead and coordinate with relevant units to advise the Ministry of Public Security leadership on building and perfecting the National Population Database, the National Identity Card Database; develop plans and direct, guide, and inspect public security units at all levels in implementing data collection, updating, and exploitation within the National Population Database, the National Identity Card Database.

3. Manage the National Population Database, the National Identity Card Database.

4. Organize production and management of National Identity Cards; take the lead and coordinate with the Planning and Finance Department, the Equipment and Logistics Department, the Institute of Science and Technology, and related units to ensure operating funds, supply materials, equipment, forms serving the issuance and management of National Identity Cards.

5. Inspect, audit, resolve complaints and denunciations, and handle violations related to the National Population Database, the National Identity Card Database, issuance, and management of National Identity Cards according to the provisions of the law.

6. Summarize, conclude, and statistically analyze the National Population Database, the National Identity Card Database, issuance, and management of National Identity Cards.”

6. Amend and supplement Article 20 as follows:

“Article 20. Responsibilities of subordinate units under the Ministry of Public Security

1. The Cadre and Civil Servant Organization Department and the Training Department shall be responsible for coordinating with the Administrative Police Department for Social Order Management to propose organizational models, staffing, systems, policies, training, and capacity building to meet the requirements for building and managing the National Population Database, the National Identity Card Database, issuance, and management of National Identity Cards.

2. The Information Technology Department shall be responsible for coordinating with the Administrative Police Department for Social Order Management to provide technical and technological guidance to public security units at all levels in building and managing the National Population Database, the National Identity Card Database.

3. The Planning and Finance Department shall be responsible for coordinating with the Administrative Police Department for Social Order Management to allocate regular funding to serve the construction and maintenance of the National Population Database, the National Identity Card Database, issuance, and management of National Identity Cards.”

7. Amend and supplement Article 25 as follows:

“Article 25. Responsibilities for Implementation

1. The Director of the Social Order Administrative Police Management Bureau shall be responsible for guiding and inspecting the implementation of this Circular.

2. The heads of units under the Ministry of Public Security, the Directors of Public Security for provinces and centrally governed cities, and relevant agencies, organizations, and individuals 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 Social Order Administrative Police Management Bureau) for timely guidance.

Article 2. Effective Date

This Circular takes effect from November 18, 2019.

Article 3. Responsibility for Implementation

1. The Director of the Social Order Administrative Police Management Bureau shall be responsible for guiding and inspecting the implementation of this Circular.

2. The heads of units under the Ministry of Public Security, the Directors of Public Security for provinces and centrally governed cities, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Social Order Administrative Management Police Corps) for timely guidance./.