Circular No. 48/2019/TT-BCA amends and supplements certain Articles of Circular No. 11/2016/TT-BCA dated March 4, 2016, issued by the Ministry of Public Security regarding the procedures for issuing, replacing, and reissuing Citizen Identity Cards.

CIRCULAR

Amending and supplementing certain articles of Circular No. 11/2016/TT-BCA dated March 4, 2016 of the Ministry of Public Security on the procedures for issuing, replacing, and reissuing citizen identification cards issue a new Citizen Identity Card

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 some provisions and measures for implementing the Law on Citizen Identification 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 promulgates this Circular amending and supplementing certain articles of Circular No. 11/2016/TT-BCA dated March 4, 2016 on the procedures for issuing, replacing, and reissuing citizen identification cards.

Article 1. Amending and supplementing certain articles of Circular No. 11/2016/TT-BCA dated March 4, 2016 of the Ministry of Public Security on the procedures for issuing, replacing, and reissuing citizen identification cards

1. Amending and supplementing Clause 1 of Article 4 as follows:

"1. When receiving citizens who come to handle procedures for applying for, replacing, or reissuing citizen identification cards, the civil servant receiving citizens shall require the person handling the procedures to fill out the Citizen Identification Card Application Form according to the model (if not filling out online) or print out the Citizen Identification Card Application Form that the citizen has filled out on the electronic service website for the citizen to check the information again, sign, and clearly write their surname, middle name, and given name.

The civil servant receiving citizens shall compare the information on the Citizen Identification Card Application Form with the information on the citizen's presented documents. If the information provided complies with regulations, it shall be compiled into a dossier and processed according to Clause 2 of this Article. If the information provided does not comply with regulations, the citizen shall be instructed to fill out the Citizen Identification Card Application Form again.

In cases where citizens handle procedures for applying for, replacing, or reissuing citizen identification cards at the citizen identification management agency at the district level and need to adjust changes in the Household Registration Book which fall within the jurisdiction of the District Police and the citizen presents all valid documents in accordance with the law on residence, the dossier for adjusting changes in the Household Registration Book of the citizen shall be accepted simultaneously with the dossier for applying for, replacing, or reissuing citizen identification cards."

2. Amending and supplementing Clause 1 and Clause 2 of Article 5 as follows:

"1. Collect the Identity Card, cut the corner, complete the dossier in accordance with regulations, and return it to the citizen for those cases where the citizen registers to receive the citizen identification card through postal delivery to the requested address.

For Identity Cards that are damaged, peeled off, or unclear, they shall be collected and canceled, and the dossier shall be completed in accordance with regulations.

2. Enter information about the type of citizen identification card issued, personal information of the citizen directly from the Citizen Identification Card Application Form or through information collection devices (for cases where the citizen registers online); describe and enter information about the citizen's identifying features."

3. Amending and supplementing Clause 8 of Article 5 as follows:

"8. The staff responsible for collecting information at the end of the shift or the end of the day of receiving citizens shall hand over the dossier for applying for, replacing, or reissuing citizen identification cards to the staff responsible for sorting dossiers for applying for, replacing, or reissuing citizen identification cards; transfer the dossier for adjusting changes in the Household Registration Book of the citizen (if any) to the registration and management department for residents to implement adjustments for the citizen in accordance with regulations."

4. Amending and supplementing Article 9 as follows:

“Article 9. Processing electronic data for applying for, replacing, or reissuing citizen identification cards at the National Citizen Identification Center

Staff receiving and processing data for applying for, replacing, or reissuing citizen identification cards shall perform the following tasks:

1. For cases of applying for a citizen identification card, transfer the data of the applicant to the department responsible for issuing individual identification numbers to issue the citizen identification card number or review the individual identification number if the citizen has declared it.

2. Compare fingerprints in the data for applying for, replacing, or reissuing citizen identification cards with fingerprints in the Citizen Identification Database:

a) For cases of issuing a citizen identification card: If the citizen's fingerprints are not in the Citizen Identification Database, proceed according to the provisions of Clause 3 of this Article. If the citizen's fingerprints are in the Citizen Identification Database, return the data to the transferring location; prepare a report to propose the Director of the National Citizen Identification Center to the Director of the Department of Administrative Management of Social Order to process according to the provisions of Point b, d Clause 2 of Article 4 of this Circular.

b) For cases of replacing or reissuing a citizen identification card: If the fingerprints in the data match the fingerprints of the citizen already stored in the Citizen Identification Database, proceed according to the provisions of Clause 3 of this Article. If the fingerprints in the data do not match the fingerprints of the citizen already stored in the Citizen Identification Database, return the data to the transferring location; prepare a report to propose the Director of the National Citizen Identification Center to the Director of the Department of Administrative Management of Social Order to process according to the provisions of Point b, d Clause 2 of Article 4 of this Circular.

3. Check the citizen's personal information against the information in the Citizen Identification Database:

a) If the citizen's information complies with regulations, prepare a report to propose the Director of the National Citizen Identification Center to the Director of the Department of Administrative Management of Social Order to approve the issuance, replacement, or reissuance of the citizen identification card.

b) If the citizen's information does not comply with or is incomplete according to the regulations on the issuance, replacement, or reissuance of the citizen identification card, return the data to the transferring location; prepare a report to propose the Director of the National Citizen Identification Center to the Director of the Department of Administrative Management of Social Order to process according to the provisions of Point b, d Clause 2 of Article 4 of this Circular."

5. Amend and supplement Article 11 as follows:

“Article 11. Return of Citizen Identity Cards and Results of Issuance, Replacement, and Reissuance of Citizen Identity Cards

1. The National Citizen Identification Center shall be responsible for:

a) Returning Citizen Identity Cards to the unit that initially received the application files for issuance, replacement, and reissuance of Citizen Identity Cards;

b) Returning data on the results of issuance, replacement, and reissuance of Citizen Identity Cards to the Social Order Administrative Police Department where the data was transferred;

c) Updating data on the approval results for issuing Citizen Identity Cards and citizen information in the National Population Database and recommending cancellation of individual identification numbers (if applicable) in accordance with regulations.

2. The Social Order Administrative Police Department shall receive the data on the approval results for issuance, replacement, and reissuance of Citizen Identity Cards returned for management in accordance with regulations and return the data on the approval results for issuance, replacement, and reissuance of Citizen Identity Cards to the entity that transferred the data.

3. The unit that initially received the application files for issuance, replacement, and reissuance of Citizen Identity Cards shall be responsible for:

a) Receiving and updating the data on the approval results for issuance, replacement, and reissuance of Citizen Identity Cards returned for management in accordance with regulations;

b) Receiving the Household Registration Booklet adjusted by the registration and residence management department to return to citizens (if applicable);

c) Returning Citizen Identity Cards, Certificates of Citizen Identification Card Numbers (if applicable), Household Registration Booklets (if applicable); collecting, corner-cutting, and returning Citizen Identification Cards to citizens in accordance with regulations (if applicable).

For citizens who have requested delivery of results at a specified address, transferring Citizen Identity Cards, Certificates of Citizen Identification Card Numbers (if applicable), Household Registration Booklets (if applicable) to the service provider for delivery to citizens.

d) Transferring application files for issuance, replacement, and reissuance of Citizen Identity Cards to the citizen identification archive in accordance with regulations."

6. Amend and supplement Article 14 as follows:

“1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

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

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Municipal Police under Central Government, and related organizations and individuals shall be 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.

7. Replace the phrase "place of procedure" in Clause 1, Article 8 with the phrase "entity that transferred the data"; replace the phrase "National Population Registration and National Population Data Management Police Bureau" in Clause 1, Clause 2, Article 10 and Clause 3, Article 12 with the phrase "Director of the Social Order Administrative Police Management Bureau".

Article 2. Effective Date

This Circular takes effect from December 1, 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./.