Decree No. 59/2008/NĐ-CP on People's Public Security Identity Cards

DECREE

Regarding the People's Public Security Identity Card

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Public Security Law dated November 29, 2005;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. The People's Public Security Identity Card

1. The People's Public Security Identity Card is issued exclusively to officers and non-commissioned officers of the People's Public Security who are serving on active duty in the People's Public Security force under a professional system.

2. The People's Public Security Identity Card is issued for the following purposes:

a) To prove that the holder of the People's Public Security Identity Card is an officer or non-commissioned officer of the People's Public Security serving on active duty in the People's Public Security force under a professional system;

b) To serve combat operations, national security protection, and social order and safety maintenance;

c) To serve the management of officers and non-commissioned officers of the People's Public Security.

Article 2. Recipients of the People's Public Security Identity Card

1. The People's Public Security Identity Card is issued to officers and non-commissioned officers of the People's Public Security who are serving on active duty in the People's Public Security force under a professional system.

2. Certificates are issued to non-commissioned officers and soldiers serving with a fixed term; workers and staff; temporary recruits serving in the People's Public Security force as prescribed by the Minister of Public Security.

Article 3. Issuance, Replacement, and Revocation of the People's Public Security Identity Card

1. The People's Public Security Identity Card shall be issued, replaced when it is worn out or when there is a change in the rank or position of the officer or non-commissioned officer, including:

a) Position: from cadre to leadership/command; from deputy to head; from lower-level leadership/command to higher-level leadership/command and vice versa;

b) Rank: from non-commissioned officer to warrant officer; from warrant officer to senior warrant officer; from senior warrant officer to general officer and vice versa;

c) Unit or working area.

2. The People's Public Security Identity Card must be revoked when the officer or non-commissioned officer of the People's Public Security retires, transfers to another profession, leaves military service, or has their title as a member of the People's Public Security revoked.

3. Procedures, formalities, and authority for issuing, replacing, and revoking the People's Public Security Identity Card are stipulated in Article 6 of this Decree.

Chapter II

SPECIFIC PROVISIONS

Article 4. Model of the People's Public Security Identity Card

1. Size: 53.98 mm x 85.6 mm.

2. Presentation technique.

a) Front side:

Red background with a yellow border measuring 49 mm x 81 mm, within which is the National Emblem embossed with a diameter of 23 mm. Above the National Emblem is the inscription: SOCIALIST REPUBLIC OF VIETNAM; below the National Emblem are two lines of text: IDENTITY CARD; PEOPLE'S PUBLIC SECURITY; all text in yellow.

b) Back side:

- In the center is the Public Security emblem embossed, with a diameter of 21 mm, surrounded by pink fan-shaped patterns;

- On the left, from top to bottom, is the Public Security emblem raised, with a diameter of 13 mm, below which is the image of the cardholder, below the image is the blood type;

- On the right, from top to bottom, are the lines of text: SOCIALIST REPUBLIC OF VIETNAM; IDENTITY CARD OF THE PEOPLE'S PUBLIC SECURITY; NUMBER; name; date of birth, rank; position; unit, day ... month year ...; Head of the unit (Minister, Deputy Minister, Director-General, Chief) signs and stamps the card.

Article 5. Use of the People's Public Security Identity Card

Officers and non-commissioned officers of the People's Public Security may only use the People's Public Security Identity Card when performing official duties in accordance with the provisions of Articles 1 and 3 of this Decree.

Article 6. Responsibilities for production, procedures, formalities, and authority for issuing, replacing, and revoking the People's Public Security Identity Card

The Ministry of Public Security is responsible for organizing the production, distribution of blank cards, guiding procedures, formalities, and authority for issuing, replacing, and revoking the People's Public Security Identity Card in accordance with the law.

Article 7. Responsibilities of agencies, organizations, and individuals

1. When performing their duties, officers and non-commissioned officers of the People's Public Security shall present the People's Public Security Identity Card to introduce themselves as public security officials, and agencies, organizations, and all individuals have the responsibility to create conditions for those officers and non-commissioned officers to carry out their tasks in accordance with the provisions of the law.

2. Agencies, organizations, and all individuals have the responsibility and right to detect and report to the public security agency and competent state agencies on violations in the use and management of the People's Public Security Identity Card and certificates issued to the subjects specified in Article 2 of this Decree.

Article 8. Handling Violations

1. Officers and non-commissioned officers of the People's Public Security who misuse, alter, lend, lose, or retain the People's Public Security Identity Card when it is no longer in use shall be subject to disciplinary action or criminal liability, depending on the severity of the violation, as provided by law.

2. It is strictly prohibited to forge and use a forged People's Public Security Identity Card to impersonate public security officers or soldiers.

Those who forge or possess and use a forged People's Public Security Identity Card for any purpose shall be subject to administrative sanctions or criminal liability, depending on the severity, as provided by law.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 33/2001/NĐ-CP dated July 6, 2001, regarding the "People's Security Identity Card" and "Public Security Police Certificate."

Article 10. Responsibility for Implementation

1. The Minister of Public Security is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.