Circular No. 59/2021/TT-BCA detailing the implementation of the Law on Citizen Identity Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015, detailing certain provisions and measures to implement the Law on Citizen Identity Cards, which has been amended and supplemented by Decree No. 37/2021/NĐ-CP dated March 29, 2021.

CIRCULAR

Regulations to implement the Law Con citizen identification cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 31 the 12 year 2015 detailing certain provisions and implementation measures of the Law Con citizen identification cardsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. which has been amended and supplemented by Decree No. 37/2021/NĐ-CP dated March 29, 2021

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.

On the basis of Decree No. 137/2015/NĐ-CP dated December 31, 2015 details certain provisions and implementation measures of the Law on Citizen Identification Cards;

On the basis of Decree No. 37/2021/NĐ-CP dated March 29, 2021 amends and supplements certain provisions of Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and implementation measures of 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;

At the request of the Director of the Administrative Police Department for Social Order Management,

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: Ministry of Public Security issues the Circular qthese regulations implement the Law Con citizen identification cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 31 the 12 year 2015 detailing certain provisions and implementation measures of the Law Con citizen identification cardsFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. which has been amended and supplemented by Decree No. 37/2021/NĐ-CP dated March 29, 2021.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars detail the implementation of the Law on Citizen Identification Cards and Decree No. 137/2015/NĐ-CP dated December 31, 2015 detailing certain provisions and implementation measures of the Law on Citizen Identification Cards, which have been amended and supplemented by Decree No. 37/2021/NĐ-CP dated March 29, 2021 (hereinafter referred to as Decree No. 137/2015/NĐ-CP) regarding the collection, updating, and correction of citizen information in the National Population Database, the Citizen Identification Card Database; issuance and management of Citizen Identification Cards and the responsibilities of local police units.

Article 2. Applicability

1. Local public security units.

2. Public security officers.

3. Agencies, organizations, and individuals related to the National Population Database, the Citizen Identification Card Database; issuance and management of Citizen Identification Cards.

Chapter II

COLLECTION, UPDATE, AND CORRECTION OF CITIZEN INFORMATION IN THE NATIONAL POPULATION DATABASE; PERSONAL IDENTIFICATION NUMBER IN THE UNIQUE IDENTIFIER; ANNOUNCEMENT OF THE UNIQUE IDENTIFIER AND CITIZEN INFORMATION IN THE NATIONAL POPULATION DATABASE; CANCELLATION AND REISSUANCE OF THE UNIQUE IDENTIFIER

Article 3. Collection, update, and correction of citizen information through the Population Information Collection Form and the Population Information Update and Correction Form      

1. The collection, update, and correction of citizen information through the Population Information Collection Form and the Population Information Update and Correction Form shall be carried out through permanent residence registration, temporary residence registration, issuance of Citizen Identification Cards, and directly from citizens.

2. Updates and corrections to citizen information in the National Population Database must be approved by the Head of the Police Station at the commune level or the Head of the Police Station at the district level where there is no administrative unit at the commune level (hereinafter referred to as the Police Station at the commune level).

         3. When there is a request to collect, update, or correct citizen information in the National Population Database, the Police Station at the commune level will issue forms, guide citizens to fill them out, collect the Population Information Collection Form and the Population Information Update and Correction Form; conduct verification and comparison of citizen information with legal documents and household registration certificates of the person whose information is being collected.

         If the citizen's information is complete and accurate, the Ward Police Officer and the Police Station at the commune level will sign to confirm, submit to the Head of the Police Station at the commune level for signature and stamping.

         If the citizen's information is incomplete or inaccurate, the citizen will be required to supplement and correct the information and present legal documents as evidence to verify the information.

         If the citizen's information is inconsistent, the Police Station at the commune level will be responsible for coordinating with the citizen, the registration authority, and relevant agencies to check the legality of the information; once the accurate information of the citizen is determined, the Ward Police Officer and the Police Station at the commune level will sign to confirm, submit to the Head of the Police Station at the commune level for signature and stamping. If there is insufficient basis for approval, it will be reported and requested that the citizen supplement and complete.

4. The Police Station at the commune level will update the citizen's information into the National Population Database, within two working days, transfer the Population Information Collection Form and the Population Information Update and Correction Form to the Police Station at the district level for archiving in the residency file.

5. When the management agency of the National Population Database discovers that the citizen's information in the National Population Database is missing, incorrect, or not appropriate, it will require the Police Station at the commune level where the citizen is registered for permanent residence to check and review the accuracy of the information; update and supplement the citizen's information when there is sufficient basis.

Article 4. Personal identification number code

         1. Province and centrally governed city code; country code where citizens register their birth as specified in Appendix I and Appendix II attached to this Circular.     

2. Century of birth code, gender code, year of birth code as specified in Appendix III attached to this Circular.   

Article 5. Notification of personal identification number and citizen information in the National Population Database

          1. The Citizen Identity Card number, personal identification number already recorded on the Birth Registration Certificate shall be the personal identification number of the citizen; in cases where citizens have been issued a Citizen Identity Card and the Birth Registration Certificate already contains a personal identification number, such information shall be used for transactions with relevant authorities, organizations, and individuals.

          2. When citizens request notification of their personal identification number and information in the National Population Database, the citizen or their legally authorized representative must request the police station of the citizen's place of permanent registration to issue a notification document.

3. The model of Notification of Personal Identification Number and Citizen Information in the National Population Database (Model No. 01 attached to this Circular) shall be directly printed from the National Population Database system. Citizens use this notification to prove the accuracy of their information in the National Population Database to relevant authorities, organizations, and individuals.

Article 6. Revocation and Re-establishment of Personal Identification Number

1. In cases where the personal identification number needs to be re-established due to the citizen being re-determined regarding gender or corrected regarding date of birth according to laws on household registration, the police station of the citizen's place of permanent registration shall require the citizen to provide household registration documents proving the re-determination of gender or correction of date of birth for verification, supplementation to the management file, and submission of a request to re-establish the personal identification number to the authority managing the National Population Database under the Ministry of Public Security.

2. In cases where the personal identification number already established for the citizen needs to be revoked due to errors in data entry related to the citizen's place of birth registration, date of birth, and gender into the National Population Database, the police station of the citizen's place of permanent registration must verify the accuracy of the information needing adjustment and submit a request to revoke and re-establish the personal identification number to the authority managing the National Population Database under the Ministry of Public Security.

3. The head of the authority managing the National Population Database under the Ministry of Public Security is responsible for reviewing and deciding on the revocation and re-establishment of the personal identification number for the citizen in the cases stipulated in Clause 1 and Clause 2 of this Article. After deciding on the revocation and re-establishment of the personal identification number for the citizen, the authority managing the National Population Database under the Ministry of Public Security must update the new personal identification number for the citizen into the National Population Database. The revoked personal identification number will be stored in the citizen's information database and not be reused for other citizens.

4. The police station of the citizen's place of permanent registration sends a written notification to the citizen about the newly re-established personal identification number.

5. The public security agency receiving requests for issuance of Citizen Identity Cards using the newly re-established personal identification number in the National Population Database shall implement the issuance of Citizen Identity Cards according to regulations.

Chapter III

NATIONAL CITIZEN IDENTIFICATION DATABASE

Article 7. Collection and updating of citizen information in the Citizen Identity Database

1. Staff members of the citizen identity management agency where procedures for issuing, replacing, or reissuing Citizen Identity Cards are conducted shall be responsible for collecting and updating citizen information into the Citizen Identity Database through the process of receiving application files for issuing, replacing, or reissuing Citizen Identity Cards.

2. Information collected from citizens through the process of receiving application files for issuing, replacing, or reissuing Citizen Identity Cards must ensure completeness, accuracy, and meet the requirements and standards as prescribed.

Article 8. Provision of citizen information in the Citizen Identity Database

1. Circumstances under which citizen information in the Citizen Identity Database may be provided:

         a) Public security units at various levels for the purpose of preventing and combating crime and other public security activities.

         b) Judicial agencies for investigative, prosecution, and adjudication activities.

         c) Specialized database management agencies, state agencies, political organizations, and social-political organizations for management purposes according to their assigned functions, tasks, and authorities.

         d) Citizens may obtain their own information in the Citizen Identity Database.

đ) Agencies, organizations, and citizens not covered by points a, b, c, and d of this Clause who require provision of citizen information in the Citizen Identity Database must obtain written consent with notarization or certification from the citizen whose information is requested, and approval from the authorized person as stipulated in Article 9 of this Circular.

2. Procedures for providing citizen information in the Citizen Identity Database:

a) Agencies and organizations requiring provision of citizen information in the Citizen Identity Database must submit a written request specifying the purpose, content, and scope of the information needed, and commit to responsibility for using the information once it is provided. In cases specified in point đ of Clause 1 of this Article, there must also be a written consent with notarization or certification from the citizen whose information is requested, and approval from the authorized person as stipulated in Article 9 of this Circular.

b) Citizens requesting their own information must submit a written request specifying the purpose and content of the information needed, and present their Citizen Identity Card for verification by the public security agency to confirm the identity of the requester.

c) Within five working days from the date of receipt of the request for information extraction, the authorized person as stipulated in Article 9 of this Circular shall be responsible for responding in writing with the results of extracting information from the Citizen Identity Database.

Article 9. Authority to permit provision, connection, and sharing of information in the Citizen Identity Database

1. The Head of the Public Security Office at the district level has the authority to permit the provision of information in the Citizen Identity Database (excluding facial images and fingerprints) of citizens residing within the district.

2. The Director of the Public Security Department at the provincial level has the authority to permit the provision of information in the Citizen Identity Database (excluding facial images and fingerprints) of citizens residing within the province.

3. The Director of the Administrative Police Management Bureau has the authority to permit the provision of information about citizens in the Citizen Identity Database nationwide; to permit the connection and sharing of information about citizens in the Citizen Identity Database with other databases after obtaining the agreement of the Minister of Public Security.

Chapter IV

ISSUANCE AND MANAGEMENT OF CITIZEN IDENTITY CARDS

Article 10. Acceptance of Requests for Issuance, Replacement, or Reissuance of Citizen Identity Cards

1. Citizens shall directly go to the competent police authority where they reside permanently or temporarily to submit requests for issuance, replacement, or reissuance of Citizen Identity Cards.

2. In cases where citizens submit requests for issuance, replacement, or reissuance of Citizen Identity Cards through the National Public Service Portal or the Ministry of Public Security's Public Service Portal, citizens shall select services, check their information in the National Population Database, and if the information is accurate, register the time and place for submitting the request for issuance of Citizen Identity Cards; the system will automatically transfer the citizen’s request to the police authority where the citizen submitted the request. If the citizen checks their information in the National Population Database and finds that the information is not available or contains errors, the citizen must bring valid documents to prove the content of the information when going to the police authority to submit requests for issuance, replacement, or reissuance of Citizen Identity Cards.

Article 11. Procedures for Issuance, Replacement, or Reissuance of Citizen Identity Cards

1. Citizens shall go to the competent police authority where they reside permanently or temporarily to request issuance of Citizen Identity Cards.

2. Police officers at the location accepting requests for issuance, replacement, or reissuance of Citizen Identity Cards shall collect citizen information: search for citizen information in the national population database; choose the type of issuance and describe biometric characteristics; collect fingerprints; take a portrait photograph; print out the receipt for collecting citizen identification information, the Population Information Collection Form (if applicable), the Population Information Update and Amendment Form (if applicable) for the citizen to review, sign, and write their full name clearly; collect fees as prescribed; issue a notice of appointment for result delivery.

3. Retrieve Resident Identity Cards or Citizen Identity Cards currently in use in cases where citizens are processing a change from Resident Identity Cards to Citizen Identity Cards or replacing Citizen Identity Cards.

4. Search the citizen identity card archive to verify citizen information (if necessary).

5. Process and approve applications for issuance, replacement, or reissuance of Citizen Identity Cards.

6. Deliver Citizen Identity Cards and results of issuance, replacement, or reissuance of Citizen Identity Cards. In cases where citizens register to have Citizen Identity Cards delivered to a specified address, the police authority shall prepare a list and coordinate with service delivery units to implement this, and citizens must pay the delivery fee as prescribed.

Article 12. Confirmation of Resident Identity Card Numbers and Citizen Identity Card Numbers

1. The QR code on the Citizen Identity Card stores information about the Citizen Identity Card number and Resident Identity Card number. Authorities, organizations, and individuals can check the Citizen Identity Card number and Resident Identity Card number of citizens by scanning the QR code without requiring citizens to provide a Certificate of Resident Identity Card Number or Citizen Identity Card Number.

2. In cases where the QR code on the Citizen Identity Card does not contain information about the old Resident Identity Card number or Citizen Identity Card number, the police authority receiving the application for Citizen Identity Cards shall be responsible for issuing a Certificate of Resident Identity Card Number or Citizen Identity Card Number to citizens upon request.

In cases where the old Resident Identity Card number or Citizen Identity Card number of citizens is not found in the National Population Database, the police authority receiving the application for Citizen Identity Cards shall request citizens to provide original or copies of Citizen Identity Cards or copies of Resident Identity Cards (if available). The police authority shall conduct searches and verifications through the Citizen Identity Card archive and valid documents issued by authorized authorities showing the Resident Identity Card number or Citizen Identity Card number to accurately determine the content of the information.

If there is sufficient basis, issue a Certificate of Resident Identity Card Number or Citizen Identity Card Number to citizens; if there is no basis for confirmation, respond to citizens in writing and specify the reasons.

3. The maximum time limit for issuing a Certificate of Resident Identity Card Number or Citizen Identity Card Number is seven working days from the date of receiving complete and valid applications.

4. Citizens may apply for a Certificate of Resident Identity Card Number or Citizen Identity Card Number through the National Public Service Portal or the Ministry of Public Security's Public Service Portal at any police authority receiving applications for Citizen Identity Cards when citizens' Resident Identity Card numbers or Citizen Identity Card numbers are in the National Population Database.

The results of the resolution will be updated and announced on the National Public Service Portal or the Ministry of Public Security's Public Service Portal. When citizens request to receive Certificates of Resident Identity Card Numbers or Citizen Identity Card Numbers at a specified address, citizens must pay the delivery fee as prescribed.

Article 13. Location for Collecting Applications for Issuance, Replacement, or Reissuance of Citizen Identity Cards

1. The citizen identity management agency of the provincial or district-level public security organ shall arrange locations and directly collect applications for issuance, replacement, or reissuance of Citizen Identity Cards from citizens who have permanent or temporary residence registration in their locality.

2. The citizen identity management agency of the Ministry of Public Security shall arrange locations and directly accept requests for issuance, replacement, or reissuance of Citizen Identity Cards for special cases decided by the head of the citizen identity management agency of the Ministry of Public Security.

Article 14. Organization for receiving applications for issuance, replacement, and reissuance of Mobile National Identification Cards when necessary

Clause 1. Management agencies at all levels shall receive applications for issuance, replacement, and reissuance of Mobile National Identification Cards if deemed necessary.

Clause 2. Management agencies shall organize the issuance, replacement, and reissuance of National Identification Cards at agencies and organizations upon request from heads of these agencies and if deemed necessary.

Clause 3. Management agencies shall issue National Identification Cards at the place of residence of citizens for cases where elderly, sick, or injured individuals are unable to travel.

Chapter V

RESPONSIBILITIES OF POLICE UNITS AND LOCALITIES REGARDING THE NATIONAL POPULATION DATABASE, NATIONAL IDENTIFICATION CARD DATABASE, ISSUANCE, AND MANAGEMENT OF NATIONAL IDENTIFICATION CARDS

Article 15. Responsibilities of the Administrative Police Department

Clause 1. Propose to competent authorities the construction and promulgation of normative legal documents on the National Population Database, National Identification Card Database; issuance and management of National Identification Cards. Direct, guide, urge, and inspect local police units in implementing normative legal documents, and carry out work related to the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Clause 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, National Identification Card Database; production, issuance, and management of National Identification Cards; direct, guide, and inspect local police units in collecting, updating, and utilizing information in the National Population Database, National Identification Card Database; production, issuance, and management of National Identification Cards.

Clause 3. Manage, utilize, connect, and share the National Population Database, National Identification Card Database.

Clause 4. Organize production and unified management of National Identification Cards; coordinate with the Planning and Finance Department, Equipment and Logistics Department, Institute of Science and Technology, and relevant units to ensure funding for production and management of National Identification Cards, provision of materials, equipment, and forms serving the issuance of National Identification Cards.

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

Clause 6. Implement international cooperation in work related to the National Population Database, National Identification Card Database; issuance and management of National Identification Cards according to assigned functions and tasks.

Clause 7. Summarize, conclude, and statistically analyze the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Article 16Responsibilities of subordinate units under the Ministry of Public Security

Clause 1. The Cadre and Civil Servant Department and the Training Department shall take the lead and coordinate with the Administrative Police Department to ensure the quantity and quality of human resources required for the construction and management of the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Clause 2. The Planning and Finance Department shall take the lead and coordinate with the Administrative Police Department to allocate regular and emergency funds to serve the construction and maintenance of the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Clause 3. The Information Technology Department, the Institute of Science and Technology, the Telecommunications and Confidential Communications Department shall take the lead and coordinate with the Administrative Police Department to guide and ensure technical, technological, and information security for local police units in the construction and management of the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Clause 4. The Logistics Department and the Equipment and Logistics Department shall take the lead and coordinate with the Administrative Police Department to guide and ensure materials and equipment for local police units in the construction and management of the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Clause 5. Other units under the Ministry of Public Security shall cooperate with the Administrative Police Department based on their assigned functions and tasks in work related to the National Population Database, National Identification Card Database; issuance and management of National Identification Cards.

Article 17. Responsibilities of Provincial Public Security Organs

1. Directly implement and advise the People's Committee at the provincial level to organize the implementation of legal documents concerning the National Population Database, the National Identity Card Database, issuance, and management of Identity Cards.

2. Organize the collection, updating, standardization of information in the National Population Database, the National Identity Card Database; issue and manage Identity Cards according to the division of labor and authority assigned by the Ministry of Public Security.

3. Inspect, audit, handle complaints and denunciations, and deal with violations concerning the National Population Database, the National Identity Card Database; issuance and management of Identity Cards within their jurisdiction.

4. Summarize, evaluate, and statistically analyze the National Population Database, the National Identity Card Database, issuance and management of Identity Cards in the managed area and report to the Ministry of Public Security.

Article 18. Responsibilities of District Public Security Organs

1. Direct, guide, and inspect the work of Village-level Public Security Organs in collecting information about citizens for the National Population Database.

2. Organize the implementation of work related to the issuance and management of Identity Cards, inspect the use of Identity Cards by citizens within the managed area in accordance with the law.

3. Handle complaints and denunciations related to the National Population Database; the National Identity Card Database; issuance and management of Identity Cards in accordance with the law.

4. Organize summaries, evaluations, and statistical analysis of the National Population Database, the National Identity Card Database, issuance and management of Identity Cards in accordance with regulations.

Article 19. Responsibilities of Village-level Public Security Organs

1. Collect, update, and correct information about citizens in the National Population Database.

2. Monitor, statistically analyze, and review individuals reaching the age for Identity Card issuance; coordinate with higher-level Public Security Organs in organizing the receipt of Identity Card issuance applications in the local area.

3. Organize inspections on the use of Identity Cards within the managed area in accordance with the law.

Chapter VI

IMPLEMENTATION

Article 20. Effective Date

This Circular takes effect from July 1, 2021, and replaces Circular No. 07/2016/TT-BCA dated February 1, 2016, 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 for implementing the Law on Identity Cards; Circular No. 40/2019/TT-BCA dated October 1, 2019, amending and supplementing certain provisions of Circular No. 07/2016/TT-BCA dated February 1, 2016, 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 for implementing the Law on Identity Cards.

Article 21. Responsibility for Implementation

The Director of the Administrative Police Department under the Ministry of Public Security shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Municipal Police Departments directly under the Central Government, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, Public Security units and localities shall report to the Ministry of Public Security (through the Administrative Police Department) for timely guidance./.