Decree No. 59/2016/ND-CP on Identification Cards for Professional Military Personnel, Civilian Workers, and Defense Officials

DECREE
Regulations on Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Military Professional Personnel, Defense Workers, and Civil Servants dated November 26, 2015;

"Based on the proposal of the Minister of National Defense;"

The Government issues this Decree stipulating regulations on Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates regulations on Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants in the regular forces of the People's Army; procedures, formalities, authority for issuance, recovery, and temporary detention; responsibilities of agencies, organizations, and individuals related thereto.

Article 2. Applicability

This Decree applies to military professional personnel, defense workers, and civil servants in the regular forces of the People's Army; agencies, organizations, and individuals related thereto.

Article 3. Purpose of Using Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants

1. To identify the holder as a military professional personnel, defense worker, or civil servant in the regular forces of the People's Army.

2. To serve management of military professional personnel, defense workers, and civil servants and to perform civil transactions.

Article 4. Principles for Issuing Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants

Each military professional personnel, defense worker, and civil servant shall be issued one identification card with a unique identification number from data managed by the Ministry of National Defense.

Article 5. Validity Period of Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants

The validity period of Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants is twelve years. In cases where the service time of military professional personnel, defense workers, and civil servants is less than twelve years, the remaining service time will be used for issuance.

Article 6. Prohibited Acts

1. Counterfeiting or altering data and content of Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants.

2. Destroying, appropriating, or using Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants illegally.

3. Issuing, exchanging, reissuing, recovering, or temporarily detaining Military Professional Personnel Identification Cards, Defense Workers, and Civil Servants contrary to the provisions of this Decree.

Chapter II

SPECIFIC PROVISIONS

Article 7. Content Displayed on Military Professional Personnel Identification Cards, Defense Worker Identification Cards, and Civil Servant Identification Cards

1. Military Professional Personnel Identification Cards, Defense Worker Identification Cards, and Civil Servant Identification Cards have dimensions of 85.60 mm x 53.98 mm; both sides of the frame are decorated with patterns and include the following information:

a) Military Professional Personnel Identification Card is pink.

The front of the Identification Card has an embossed State Emblem with a diameter of 21 mm, followed by the title;SOCIALIST REPUBLIC OF VIET NAMon the left is the Military Emblem with a diameter of 10 mm; below is the holder's photograph and validity period; on the right is the Military Emblem with red textMILITARY PROFESSIONAL PERSONNEL IDENTIFICATION CARDfrom top to bottom are the following lines: identification number; surname, middle name, given name; date of birth; issuing unit; date of issue; signature and stamp of the authorized person issuing the Identification Card.

b) Defense Worker Identification Card is sky blue.

The front of the Identification Card has an embossed State Emblem with a diameter of 21 mm, followed by the title;SOCIALIST REPUBLIC OF VIET NAMon the left is the Military Emblem with a diameter of 10 mm; below is the holder's photograph and validity period; on the right is the Military Emblem with red textDEFENSE WORKER IDENTIFICATION CARDfrom top to bottom are the following lines: identification number; surname, middle name, given name; date of birth; issuing unit; date of issue; signature and stamp of the authorized person issuing the Identification Card.

c) Civil Servant Identification Card is lemon yellow.

The front of the Identification Card has an embossed State Emblem with a diameter of 21 mm, followed by the title;SOCIALIST REPUBLIC OF VIET NAMon the left is the Military Emblem with a diameter of 10 mm; below is the holder's photograph and validity period; on the right is the Military Emblem with red textCIVIL SERVANT IDENTIFICATION CARDfrom top to bottom are the following lines: identification number; surname, middle name, given name; date of birth; issuing unit; date of issue; signature and stamp of the authorized person issuing the Identification Card.

2. The back of the Military Professional Personnel Identification Card, Defense Worker Identification Card, and Civil Servant Identification Card includes the following lines: place of origin; place of residence; identification features; blood type.

Article 8. Issuance for the first time, replacement, and reissuance of Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards

1. First-time issuance for individuals decided to be recruited or hired as Military Professionals, Civil Servants, and National Defense Officials.

2. Replacement in the following cases:

a) The identity card has expired according to Article 5 of this Decree or is damaged;

b) Change in the assigned position;

c) Change in surname, middle name, given name at birth; date of birth; place of permanent residence registration or change in identification due to injury, cosmetic surgery, or plastic surgery.

3. Reissuance in case of loss of the identity card.

Article 9. Procedures and formalities for first-time issuance, replacement, and reissuance of Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards

1. The procedures and formalities for first-time issuance are carried out as follows:

a) Individuals fill out the application form according to the prescribed model;

b) The personnel management agency of regiments and equivalent units take photos, collect fingerprints of each individual, compare data on Military Professionals, Civil Servants, and National Defense Officials under their management to process the issuance of Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards; compile and report to the immediate superior; the processing time does not exceed 10 working days from the date of completing the formalities;

c) The personnel management agency of divisions and equivalent units carry out the formalities as prescribed in point b, Clause 1 of this Article for Military Professionals, Civil Servants, and National Defense Officials under their management; check the issuance of Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards of subordinate units; compile and report to the immediate superior; the processing time does not exceed 10 working days from the date of completing the formalities;

d) The personnel management agency of subordinate units under the Ministry of National Defense conduct inspection and complete the formalities; report to the head of the unit to sign the Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards under their management; the processing time does not exceed 15 working days from the date of completing the formalities.

2. The procedures and formalities for replacement and reissuance are carried out as follows:

a) In the case of replacement prescribed in points a and b, Clause 2 of Article 8 of this Decree, individuals fill out the application form according to the model and submit it to the personnel management agency prescribed in points b and c, Clause 1 of this Article;

b) In the case of replacement prescribed in point c, Clause 2 of Article 8 of this Decree, individuals submit a request for replacement, with confirmation from the direct managing unit's head, fill out the application form according to the model, and submit it to the personnel management agency prescribed in points b and c, Clause 1 of this Article;

c) In the case of reissuance due to loss prescribed in Clause 3 of Article 8 of this Decree, individuals submit a request for reissuance, with confirmation from the direct managing unit's head, fill out the application form according to the model, and submit it to the personnel management agency prescribed in points b and c, Clause 1 of this Article;

d) The personnel management agency carries out the procedures and formalities for replacement and reissuance as prescribed in points b, c, and d, Clause 1 of this Article.

Article 10. Authority to issue Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards

The Minister of National Defense stipulates the authority to issue Military Professional Personnel Identity Cards, Civil Servants, and National Defense Officials Identity Cards in the standing forces of the People's Army.

Article 11. Revocation of Military Professional, Worker, and Defense Civil Servant Identity Cards

1. Military professionals, workers, and defense civil servants shall have their Identity Cards revoked in the following cases:

a) Resigning from active duty in the People's Army;

b) Being issued a new Identity Card as prescribed in points a, b, and c, Clause 2, Article 8 of this Decree; upon receipt of the new Identity Card, the old one will be revoked;

c) Having military rank or title revoked or being forced to resign.

2. The personnel management agencies prescribed in points b and c, Clause 1, Article 9 of this Decree shall be responsible for revoking, managing, and destroying the Identity Cards of military professionals, workers, and defense civil servants in accordance with the provisions of the law.

Article 12. Temporary Detention of Military Professional, Worker, and Defense Civil Servant Identity Cards

1. Military professionals, workers, and defense civil servants shall have their Identity Cards temporarily detained during periods of detention, arrest, or serving a prison sentence.

2. During the period when military professionals, workers, and defense civil servants have their Identity Cards temporarily detained, the agency detaining the Identity Card shall permit them to use their Identity Card to conduct transactions as prescribed by law.

3. Military professionals, workers, and defense civil servants shall be returned their Identity Cards upon completion of the temporary detention, arrest, or completion of the prison sentence if they continue to serve in the active forces of the People's Army.

Article 13. Responsibilities of Agencies, Organizations, and Individuals

1. The Minister of National Defense shall be responsible for:

a) Direct the establishment of management data, ensure budgetary funding, and provide material resources for the management of Military Professional, Worker, and Defense Civil Servant Identity Cards;

b) Prescribe the format, templates, samples, and materials for Military Professional, Worker, and Defense Civil Servant Identity Cards;

c) Inspect and handle violations related to the management and use of Military Professional, Worker, and Defense Civil Servant Identity Cards.

2. Military professionals, workers, and defense civil servants shall be responsible for:

a) Managing and using Identity Cards in accordance with the purposes prescribed in Clause 2, Article 3 of this Decree;

b) Presenting their Identity Cards upon request by agencies, organizations, and individuals with authority as prescribed by law;

c) Leaving their Identity Cards at their unit when traveling abroad.

3. Agencies, organizations, and individuals shall be responsible for monitoring, detecting, and reporting to military units or state agencies with authority on any violations in the management and use of Military Professional, Worker, and Defense Civil Servant Identity Cards.

Article 14. Handling Violations

1. Military professionals, workers, and defense civil servants who misuse their Identity Cards, alter, lend, lose, or retain them when no longer authorized to use them, shall be disciplined or criminally prosecuted depending on the severity of the violation, as prescribed by law.

2. Individuals who forge, destroy, retain, or use another person’s Military Professional, Worker, and Defense Civil Servant Identity Card for any purpose shall be administratively sanctioned or criminally prosecuted depending on the severity of the violation, as prescribed by law.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effectiveness and Transitional Provisions

1. This Decree takes effect from July 1, 2016. The Decision No. 1973/2000/QĐ-BQP dated September 18, 2000 of the Minister of National Defense on Military Identification Cards is abolished.

2. Military identification cards issued before this Decree takes effect remain valid for use until December 31, 2019.

Article 16. Responsibility for Implementation

1. The Minister of National Defense shall guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees, organizations and individuals related to this matter are responsible for implementing this Decree./.