Luật Căn cước công dân tiếng Anh; các khái niệm về căn cước công dân, thẻ căn cước bằng tiếng Anh.
Tải về Luật Căn cước công dân tiếng Anh - Law on Citizen Identification: TẠI ĐÂY
THE NATIONAL ASSEMBLY
------- |
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness |
No.
59/2014/QH13
|
Hanoi, November 20, 2014
|
LAW
ON CITIZEN
IDENTIFICATION
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Citizen Identification.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides
citizen identification, the citizen identification database and the national
population database; management and use of citizen’s identity cards (thẻ căn cước công dân); and
rights, obligations and responsibilities of related agencies, organizations and
individuals.
Article 2. Subjects of application
This Law applies to Vietnamese
citizens as well as related agencies, organizations and individuals.
Article 3. Interpretation of terms
In this Law, the terms
below shall be construed as follows:
1. Citizen
identification (Căn cước công dân) means basic information about the origin and identity of a
citizen in accordance with this Law.
2. Identity means
distinctive and stable characteristics of a person’s appearance that
distinguish such person from another.
3. Citizen
identification archives means a system of dossiers and documents on citizen identification
which are managed, classified and arranged in a certain order to serve
information search and exploitation.
4. National population
database means a collection of basic information about all Vietnamese citizens,
which is standardized, digitalized, stored and managed in an information
infrastructure to serve state management work and transactions among agencies,
organizations and individuals.
5. Citizen
identification database means a specialized database collecting information
about Vietnamese citizen identification, which is digitalized, stored and
managed in an information infrastructure, and constitutes part of the national
population database.
6. Specialized database
means a collection of information about one or several certain management field(s)
of a ministry or sector, which is digitalized, stored and managed in an
information infrastructure and connected to the national population database.
7. Information
infrastructure of the national population database and citizen identification
database means a system of equipment serving the production, collection,
processing, storage, transmission and exchange of digital information about
population and citizen identification, including telecommunications networks,
the Internet, computer networks and databases.
8. Citizen
identification management agency means a specialized agency of the People’s
Public Security performing the management of citizen identification, the
national population database and the citizen identification database.
Article 4. Principles of management
of citizen identification, the national population database and the citizen
identification database
1. Compliance with the
Constitution and law; guarantee of human rights and citizens’ rights.
2. Assurance of
publicity and transparency in management and convenience for citizens.
3. Information and
documents shall be collected and updated in a full, accurate and prompt manner;
managed in a centralized, unified, close and safe manner; and maintained,
exploited and used efficiently and archived permanently.
Article 5. Citizens’ rights and obligations with respect to citizen
identification, the national population database and the citizen identification
database
1. Citizens have the
following rights:
a/ To have their
personal and family secrets kept confidential in the national population
database and the citizen identification database, except cases subject to
provision of information and documents as prescribed by law;
b/ To request citizen
identification management agencies to update their information that is not yet
available, or modify inaccurate information or information that has been
changed, in the national population database and the citizen identification
database or their citizen’s identity cards in accordance with law;
c/ To have their
citizen’s identity cards granted, renewed and re-granted in accordance with
this Law;
d/ To use their
citizen’s identity cards for transactions and exercise of citizens’ lawful
rights and interests;
dd/ To lodge complaints
or denunciations about or initiate lawsuits against violations of the law on
citizen identification, the national population database and the citizen
identification database in accordance with law.
2. Citizens have the
following obligations:
a/ To comply with this
Law and other relevant laws;
b/ To carry out the
procedures for grant,-renewal and re-grant of citizen’s identity cards in
accordance with this Law;
c/ To fully, accurately
and promptly provide their personal information and documents for update in the
national population database and the citizen identification database in
accordance with this Law and other relevant laws;
d/ To produce their
citizen’s identity cards for checking upon request of competent persons in
accordance with law;
dd/ To preserve their
granted citizen’s identity cards; to promptly notify the citizen identification
management agency of the loss of their cards;
e/ To return their
citizen’s identity cards to competent agencies in case of renewal, revocation
or temporary seizure of such cards as prescribed in Articles 23 and 28 of this
Law.
3. A person who suffers
any mental or other diseases which deprive him/her of the ability to perceive
and control his/her acts shall, through his/her lawful representative, exercise
rights and perform obligations prescribed in this Article.
Article 6. Responsibilities of
citizen identification management agencies
1. To accurately collect
and update citizen’s information.
2. To promptly modify
citizen’s information when having grounds to believe that such information is
inaccurate or changed.
3. To post up and guide
administrative procedures on citizen identification, the national population
database and the citizen identification database related to agencies,
organizations and individuals in accordance with this Law.
4. To ensure information
safety and confidentiality in the national population database and the citizen
identification database.
5. To fully, promptly
and accurately provide information and documents about citizens upon request of
agencies, organizations or individuals in accordance with law.
6. To grant, renew and
re-grant citizen’s identity cards in accordance with this Law.
7. To settle complaints
and denunciations and handle violations in accordance with law.
Article 7. Prohibited acts
1. Hindering the
implementation of this Law.
2. Granting, renewing or
re-granting citizen’s identity cards in violation of law.
3. Causing harassment or
troubles when settling procedures about citizen identification, the national
population database and the citizen identification database.
4. Falsifying books and
dossiers about citizens, the national population database and the citizen
identification database; failing to provide or insufficiently or illegally
providing information and documents on citizen identification, the national
population database and the citizen identification database; abusing citizen’s
information specified in this Law to cause damage to agencies, organizations or
individuals.
5. Revealing information
secrets in the national population database and the citizen identification
database.
6. Collecting and using
charges and fees in violation of law.
7. Forging, modifying
and falsifying contents of citizen’s identity cards; appropriating or illegally
using citizen’s identity cards of other persons; renting, leasing, boưowing,
lending, mortgaging, receiving as mortgage or destroying citizen’s identity cards;
or using forged citizen’s identity cards.
8. Illegally accessing,
modifying, deleting, canceling or dispersing information in the national
population database and the citizen identification database.
9. Revoking or
temporarily seizing citizen’s identity cards in violation of law.
Chapter II
THE NATIONAL POPULATION DATABASE AND CITIZEN
IDENTIFICATION DATABASE
Section 1. THE NATIONAL POPULATION DATABASE
Article 8. Requirements for establishment of the national population
database
1. The national population
database shall be managed in a centralized and unified manner and established
up to standards and technical regulations on information technology and
economic-technical norms.
2. Assurance of safety
and convenience for the collection, update, exploitation and use of
information.
3. Assurance of
connection to specialized databases.
4. Assurance of the
right of agencies, organizations and individuals to exploit information in
accordance with law.
Article 9. Citizen’s information to be collected and updated in the
national population database
1. Information to be
collected and updated includes:
a/ Family name, middle
name and first name;
b/ Birthdate;
c/ Gender;
d/ Place of birth
registration;
dd/ Native place;
e/ Ethnicity;
g/ Religion;
h/ Nationality;
i/ Marital status;
k/ Place of permanent
residence;
l/ Present place of
residence;
m/ Blood type, when a
citizen requests the update of his/her blood type and produces a certificate of
his/her blood type;
n/ Family name, middle
name and first name, personal identification number or people’s identity card
number, and nationality of parent, spouse or lawful representative of a
citizen;
o/ Family name, middle
name and first name, personal identification number or people’s identity card
number of the householder, and a citizen’s relationship with the householder;
p/ Date of death or
missing.
2. Citizen’s information
shall be collected and updated in the national population database from citizen
identification archives and the citizen identification database, residence
database, civil status database and other specialized databases through
standardization of available population data.
In case information and
documents specified in Clause 1 of this Article are not yet available or are
insufficient, they shall be collected from citizens and updated.
Article 10. Management, exploitation
and use of the national population database
1. The national
population database is a national asset which shall be protected by the State
in accordance with the law on protection of important works related to national
security.
The national population
database is a database for common use and shall be managed by the Ministry of
Public Security.
2. The exploitation of
information in the national population database is provided as follows:
a/ Specialized database
management agencies, state agencies, political organizations and
socio-political organizations may exploit information in the national
population database within the ambit of their functions, tasks and powers;
b/ Citizens may exploit
their personal information in the national population database;
c/ Organization and
individuals not defined at Points a and b of this Clause that wish to exploit
information in the national population database may do so after obtaining the
consent of the national population database management agency in accordance
with law.
3. Information in the
national population database serves as a basis for agencies and organizations
to check and reach agreement on citizen’s information. When citizens use their
citizen’s identity cards, agencies and organizations may not request them to
produce other papers or to provide information already available in the
national population database.
4. The Government shall
detail this Article.
Article 11. Relation between the
national population database and specialized databases
1. Specialized databases
shall be connected to the national population database in order to update,
share, exploit and use citizen’s information specified in Clause 1, Article 9
of this Law.
2. Citizen’s information
specified in Clause 1, Article 9 of this Law which is available in specialized
databases must be promptly, fully and accurately updated in the national
population database.
3. In case citizen’s
information in specialized databases or granted papers is inconsistent with
information in the national population database, the latter must be used.
4. The connection,
update, sharing, exploitation and use of information between the national
population database and specialized databases of agencies and organizations
must ensure efficiency, safety and compliance with their functions, tasks and
powers in accordance with this Law and other relevant laws.
5. The Government shall
stipulate the connection, update, sharing, exploitation, modification and use
of information, and a roadmap for connection between the national population
database and specialized databases.
Article 12. Personal identification numbers
1. A personal
identification number shall be established from the national population
database and used for the connection, update, sharing and exploitation of
citizen’s information in the national population database and specialized
databases.
2. Personal
identification numbers shall be uniformly managed nationwide by the Ministry of
Public Security; each Vietnamese citizen shall be granted with one number which
is not identical to another’s number.
3. The Government shall
stipulate the structure of a personal identification number; and the order and
procedures for grant of personal identification numbers.
Article 13. Responsibilities of agencies, organizations and individuals
in collection, provision and update of information and documents in the
national population database
1. Agencies,
organizations and individuals shall:
a/ Comply with the
process of collection, provision and update of information and documents in the
national population database;
b/ Ensure sufficient,
accurate and prompt collection, provision and update of information and
documents;
c/ Promptly update and
inform citizen’s information upon occurrence of any change or inaccuracy.
2. Persons assigned to
collect and update information and documents shall:
a/ Check information and
documents on citizens; and regularly monitor and update information;
b/ Preserve and keep
relevant information and documents confidential; refrain from altering, erasing
or damaging documents, and take responsibility for the accuracy and sufficiency
of updated information.
3. The head of the
national population database management agency shall:
a/ Manage the update and
storage of information and documents in the database;
b/ Check, and take
responsibility for, information and documents already updated and stored in the
national population database.
Section 2. THE CITIZEN IDENTIFICATION DATABASE
Article 14. Requirements for establishment and management of the
citizen identification database
1. The citizen
identification database shall be established and managed in citizen
identification management agencies of the Ministry of Public Security, Public
Security Departments of provinces or centrally run cities and Public Security
Divisions of rural districts, urban districts, towns or provincial cities and
equivalent administrative units.
2. The citizen
identification database shall be established ensuring connection to the
national population database and satisfying database standards as well as
standards and technical regulations on information technology.
3. To comply with
regulations and regimes on dossiers, e-transactions and information technology.
4. To fully, accurately
and promptly collect and update information; to ensure stable operation, safety
and security.
Article 15. Information in the
citizen identification database
1. Information to be
collected and updated includes:
a/ Information specified
in Clause 1, Article 9 of this Law;
b/ Portrait picture;
c/ Characteristics for
identification;
d/ Fingerprints;
dd/ Other family names
and first names;
e/ Number, and date and
place of issuance, of people’s identity card;
g/ Occupation, except
in-service army men;
h/ Educational level;
i/ Date on which a
citizen notifies the loss of his/her people’s identity card or citizen’s
identity card.
2. In case the
information specified in Clause 1 of this Article is not yet available or is
insufficient in the national population database, the citizen identification
database and archives and residence database, citizens shall supplement
information upon carrying out procedures for the grant, renewal or re-grant of
citizen’s identity cards.
Article 16. Responsibilities of
agencies, organization and individuals in the collection, provision and update
of information and documents in the citizen identification database
1. Agencies,
organizations and individuals shall:
a/ Strictly comply with
regulations on provision of information and documents for the citizen
identification database;
b/ Provide information
and documents in a sufficient, accurate and prompt manner in accordance with
this Law;
c/ Promptly notify
information and documents on identification upon occuưence of any change or
inaccuracy.
2. Persons managing
citizen identification and the citizen identification database shall comply
with Article 13 of this Law.
Article 17. Exploitation, provision,
exchange and use of citizen identification data
1. Agencies,
organizations and individuals may, within the ambit of their tasks and powers,
provide and exchange information and documents for/with the citizen
identification database.
The access to the
citizen identification database or study of dossiers and documents in the
citizen identification archives must be approved by heads of citizen
identification management agencies.
2. The Minister of
Public Security shall stipulate the provision and exchange of information and
documents from the citizen identification database for agencies, organizations
and individuals.
Chapter III
CITIZEN’S IDENTITY CARDS AND MANAGEMENT OF
CITIZEN’S IDENTITY CARDS
Section 1. CITIZEN’S IDENTITY CARDS
Article 18. Contents stated in citizen’s identity cards
1. A citizen’s identity
card has the following information:
a/ On the front side of
a card, there are the national emblem of the Socialist Republic of Vietnam; the
words “Cong hoa xa hoi chu nghia Viet Nam, Doc lap - Tu do - Hanh phuc” (The Socialist
Republic of Vietnam, Independence - Freedom - Happiness); the words “Can cuoc
cong dan” (Citizen identification); photo, citizen’s identity card number,
family name, middle name and first name, birthdate, gender, nationality, native
place, place of permanent residence; and expiry date.
b/ On the back side of a
card, there is an encoded place for information storage; fingerprints,
characteristics for identification of the card holder; date of card issuance;
family name, middle name, first name, title and signature of the card issuer,
and a seal bearing the national emblem of the card-issuing agency.
2. The Minister of
Public Security shall specify the specifications, other languages, form, size
and material of citizen’s identity cards.
Article 19. Persons eligible for
grant of citizen’s identity cards and citizen’s identity card number
1. Vietnamese citizens
aged full 14 years or older are eligible for grant of citizen’s' identity
cards.
2. The citizen’s
identity card number is the personal identification number.
Article 20. Use validity of
citizen’s identity cards
1. Citizen’s identity
card is a personal paper of a Vietnamese citizen which proves citizen
identification of the card holder for conducting transactions in the Vietnamese
territory.
2. Citizen’s identity
cards shall be used instead of passports in case Vietnam and a foreign country
have signed a treaty or international agreement permitting citizens of the
signatories to use citizen’s identity cards instead of passports in each
other’s territory
3. Competent agencies,
organizations and individuals may request a citizen to produce his/her
citizen’s identity cards for checking identification and information specified
in Article 18 of this Law; use personal identification numbers in citizen’s
identity cards for checking information about the card holders in the national
population database and specialized databases in accordance with law.
When a citizen produces
his/her citizen’s identity card at the request of a competent agency,
organization or individual, this agency, organization or individual may not
request the citizen to produce another paper to prove the information specified
in Clauses 1 and 3 of this Article.
4. The State shall
protect legitimate rights and interests of holders of citizen’s identity cards
in accordance with law.
Article 21. Age eligible for renewal
of citizen’s identity cards
1. A citizen’s identity
card must be renewed when a citizen reaches full 25 years, full 40 years and
full 60 years.
2. Citizen’s identity
cards which are granted, renewed or re-granted within 2 years before a citizen
reaches the age specified in Clause 1 of this Article remain to be valid until
he/she reaches the subsequent age eligible for card renewal.
Section 2. GRANT, RENEWAL, RE-GRANT, REVOCATION AND TEMPORARY
SEIZURE OF CITIZEN’S IDENTITY CARDS
Article 22. Order and procedures for grant of citizen’s identity cards
1. The order and
procedures for grant of a citizen’s identity card are provided as follows:
a/ An applicant for a
citizen’s identity card fills in a declaration made according to a set form;
b/ A person assigned to
collect and update information and documents specified in Clause 2, Article 13
of this Law checks and compares them with information in the national
population database in order to accurately identify the to-be-holder of a
citizen’s identity card; a citizen who has no information in the national population
database shall produce lawful papers proving information to be written in the
declaration according to a set form.
Persons serving in the
People’s Army or People’s Public Security shall produce their identity cards
granted by the People’s Army or People’s Public Security, enclosed with
introduction letters of heads of their units;
c/ An officer of the
citizen identification management agency shall take photos and fingerprints of
the applicant;
d/ An officer of the
citizen identification management agency shall issue a receipt stating the date
of handover of the citizen’s identity card to the applicant;
dd/ Citizen’s identity
cards shall be handed to citizens within the time limit and at the place stated
in the receipt under Article 26 of this Law; in case a citizen wishes to
receive his/ her card at another place, the citizen identification management
agency shall hand the card to him/her at the place requested by the citizen who
shall pay mail charges.
2. For a person who
suffers any mental or other diseases which deprive him/her of the ability to
perceive and control his/her acts, his/her lawful representative shall appear
together with him/her to carry out the procedures specified in Clause 1 of this
Article.
Article 23. Cases of renewal or
re-grant of citizen’s identity cards
1. A citizen’s identity
card shall be renewed in the following cases:
a/ The cases specified
in Clause 1, Article 21 of this Law;
b/ The card is damaged
and unusable;
c/ Change of family
name, middle name, first name and characteristics for identification of the
card holder;
d/ Gender re-assignment
or native place re-determination;
dd/ There is incorrect
information in the citizen’s identity card;
e/ Upon request of the
card holder.
2. A citizen’s identity
card shall be re-granted in the following cases:
a/ It is lost;
b/ The card holder has
Vietnamese nationality restored under the Law on Vietnamese Nationality.
Article 24. Order and procedures for renewal or re-grant of citizen’s
identity cards
1. The procedures
specified in Clause 1, Article 22 of this Law.
2. In case of renewal of
a citizen’s identity card as a result of change of information specified at
Point c, d or dd, Clause 1, Article 23 of this Law while such change has not
yet been updated in the national population database, the citizen shall submit
a copy of the competent agency’s document proving the change.
3. Used citizen’s
identity cards shall be revoked for the cases specified in Clause 1, Article 23
of this Law.
Article 25. Time limit for grant,
renewal or re-grant of citizen’s identity cards
From the date of
receiving a complete dossier as prescribed in this Law, a citizen
identification management agency shall grant, renew or re-grant a citizen’s
identity card for a citizen within:
1. Seven working days,
in cities or towns, in case of grant and renewal; or 15 working days, in case
of re-grant;
2. Twenty working days,
in highland mountainous, border and island districts for all cases;
3. Fifteen working days,
in remaining areas for all cases;
4. Based on the roadmap
for administrative reform, the Minister of Public Security shall stipulate the
shortening of the time limit for grant, renewal and re-grant of citizen’s
identity cards.
Article 26. Places for carrying out
procedures for grant, renewal and re-grant of citizen’s identity cards
Citizens may choose any
of the following places for carrying out procedures for grant, renewal or
re-grant of citizen’s identity cards:
1. The citizen
identification management agency of the Ministry of Public Security;
2. Citizen
identification management agencies of Public Security Departments of provinces
and centrally run cities;
3. Citizen
identification management agencies of Public Security Divisions of rural
districts, urban districts, towns and provincial cities or equivalent
administrative units;
4. When necessary,
competent citizen identification management agencies shall carry out procedures
for the grant of citizen’s identity cards at communes, wards, townships,
agencies, units or citizens’ places of residence.
Article 27. Competence to grant,
renew and re-grant of citizen’s identity cards
The head of the citizen
identification management agency of the Ministry of Public Security may grant,
renew and re-grant citizen’s identity cards.
Article 28. Revocation and temporary
seizure of citizen’s identity cards
1. A citizen’s identity
card shall be revoked in case of deprivation or renunciation of Vietnamese
nationality or annulment of the decision on naturalization in Vietnam.
2. A citizen’s identity
card shall be temporarily seized in the following cases:
a/ A person serving a
decision to send him/her to a reformatory, a compulsory educational institution
or a compulsory detoxication establishment;
b/ A person being in
custody or temporary detention, or serving an imprisonment sentence.
3. In the period of
temporary seizure of his/her citizen’s identity card, a citizen may be allowed
by the card-seizing agency to use this card for conducting transactions in
accordance with law.
Upon the expiration of
the custody or temporary detention period, or after having served the
imprisonment sentence or decision to send him/her to the reformatory,
compulsory educational institution or compulsory detoxication establishment, a
citizen may have his/her citizen’s identity card returned.
4. Competence to revoke
and temporarily seize citizen’s identity cards:
a/ Competent citizen
identification management agencies may revoke citizen’s identity cards in the
case specified in Clause 1 of this Article;
b/ Agencies executing
custody or temporary detention warrants, agencies executing imprisonment
sentences or decisions to send citizens to reformatories, compulsory
educational institutions or compulsory detoxication establishments may
temporarily seize citizen’s identity cards in the cases specified in Clause 2
of this Article.
Chapter IV
ASSURANCE OF CONDITIONS FOR MANAGEMENT OF
CITIZEN IDENTIFICATION, NATIONAL POPULATION DATABASE AND CITIZEN IDENTIFICATION
DATABASE
Article 29. Assurance of information
infrastructure of the national population database and the citizen
identification database
1. Information
infrastructure of the national population database and the citizen
identification database shall be developed ensuring the quality, synchrony,
accuracy, adequacy and timeliness; and built and managed in a centralized and
unified manner from central to local levels.
2. The State shall
ensure information infrastructure of the national population database and the
citizen identification database to meet the requirements for national defense
and security and socio-economic development.
Article 30. Persons managing citizen identification, the national
population database and the citizen identification database
1. Persons managing
citizen identification, the national population database and the citizen
identification database include managers; persons assigned to collect, update,
store information and documents in the national population database and the
citizen identification database; and persons carrying out procedures for the
grant, renewal and re-grant of citizen’s identity cards.
2. Persons managing
citizen identification, the national population database and the citizen
identification database shall be provided with professional training as
suitable to their assigned tasks and vested powers.
Article 31. Assurance of funds and physical foundations for management
of citizen identification, the national population database and the citizen
identification database.
1. The State shall ensure
budget and physical foundations for the management of citizen identification,
the national population database and the citizen identification database.
2. The State shall
prioritize investment in infrastructure, human resources and technology for the
establishment and management of the national population database.
3. The State shall
encourage domestic and foreign organizations and individuals to finance and
support the establishment and management of the national population database
and the citizen identification database.
Article 32. Charges for exploitation and use of information in the
national population database and fees for grant, renewal and re-grant of
citizen’s identity cards
1. When exploiting or
using information in the national population database, agencies, organizations
and individuals shall pay charges in accordance with the law on charges and
fees, except the cases specified at Points a and b, Clause 2, Article 10 of
this Law.
2. Citizens are not
required to pay fees for the grant of citizen’s identity cards under Article 19
of this Law.
3. Citizens shall pay
fees for renewal or re-grant of citizen’s identity cards, except the following
cases:
a/ Renewal of citizen’s
identity cards under Article 21 of this Law.
b/ There is incorrect
information in citizen’s identity cards by fault of the citizen identification
management agency.
4. The Ministry of
Finance shall specify fee rates and cases eligible for exemption or reduction
of fees for renewal and re-grant of citizen’s identity cards.
Article 33. Protection of the national population database and the
citizen identification database
Citizen identification
management agencies shall:
1. Apply information
technology to input, process and output information about population and
citizen identification, ensuring data safety in accordance with principles and
formats of database systems;
2. Ensure the safety of
equipment for the collection, storage, transmission, processing and exchange of
information about population and citizen identification;
3. Protect the security
of population and citizen identification information in computer networks;
ensure the safety of information stored in databases; prevent and control acts
illegally accessing and using or damaging the national population database and
the citizen identification database;
4. The national
population database and the citizen identification database shall be stored in
servers with the application of measures to prevent illegal accession through a
security system of the database administration system and network operating
system.
5. The Government shall
stipulate the back up and restoration of national citizen identification and
population data.
Chapter V
MANAGEMENT
RESPONSIBILITIES FOR CITIZEN IDENTIFICATION, NATIONAL POPULATION DATABASE AND
CITIZEN IDENTIFICATION DATABASE
Article 34. State
management responsibilities for citizen identification, the national population
database and the citizen identification database
1. The Government shall
perform the unified state management of citizen identification, the national
population database and the citizen identification database.
2. The Ministry of
Public Security shall take responsibility before the Government for performing
the state management of citizen identification, the national population
database and the citizen identification database.
Article 35. Responsibilities of the
Ministry of Public Security
1. To promulgate,
jointly promulgate according to its competence or submit to competent agencies
for promulgation legal documents on citizen identification, the national
population database and the citizen identification database.
2. To direct and
organize the implementation of legal documents on citizen identification, the
national population database and the citizen identification database; to
organize dissemination and education of the law on citizen identification, the
national population database and the citizen identification database.
3. To suspend or annul
according to its competence or propose competent authorities to annul agencies’
or organizations’ regulations on management of citizen identification, the
national population database and the citizen identification database in
violation of this Law.
4. To direct the
production and management of citizen’s identity cards
5. To manage the
national population database and the citizen identification database; to
provide professional direction and guidance on management of citizen
identification, the national population database and the citizen identification
database.
6. To detail procedures
and order for the grant, renewal and re-grant of citizen’s identity cards; to
issue forms for citizen identification management; to prescribe the management
of citizen identification archives.
7. To organize
apparatuses, provide means and train officers engaged in management of citizen
identification, the national population database and the citizen identification
database; to organize preliminary and final reviews and scientific research on
management of citizen identification, the national population database and the
citizen identification database.
8. To make state
statistics of citizen identification, the national population database and the
citizen identification database.
9. To examine, inspect,
settle complains and denunciations, and handle violations related to management
of citizen identification, the national population database and the citizen
identification database in accordance with law.
10. To implement international
cooperation on citizen identification, the national population database and the
citizen identification database.
Article 36. Responsibilities of ministries and sectors
1. Ministries and
sectors shall:
a/ Guide agencies,
organizations and individuals under their management to implement the law on
citizen identification and the national population database;
b/ Coordinate with the
Ministry of Public Security and provincial-level People’s Committees in
performing the state management of citizen identification and the national
population database.
2. The Ministry of
Justice shall organize the implementation and direct civil status registration
agencies to provide and update citizens’ civil status information for the
national population database.
3. The Ministry of
Information and Communications shall assume the prime responsibility for, and
coordinate with related ministries and sectors in, formulating relevant
information technology mechanisms and policies on the national population
database.
4. The Ministry of
Finance shall assume the prime responsibility for, and coordinate with the
Ministry of Public Security in, allocating regular funds for operation of the
national population database and the citizen identification database; and funds
for the grant, renewal and re-grant of citizen’s identity cards; specify charge
payers, charge rates and the management and use of charges for exploitation and
use of information in the national population database.
5. The Ministry of
Planning and Investment shall assume the prime responsibility for, and
coordinate with the Ministry of Public Security, the Ministry of Finance and
the Ministry of Information and Communications in, allocating state budget
funds for the establishment and operation maintenance of the national
population database and the citizen identification database, securing the
grant, renewal and re-grant of citizen’s identity cards.
Article 37. Responsibilities of provincial-level People’s Committees
1. To implement, or
organize the implementation of, legal documents on citizen identification, the
national population database and the citizen identification database in their
localities.
2. To organize
dissemination and education of the law on citizen identification, the national
population database and the citizen identification database.
3. To examine, inspect,
settle complains and denunciations, and handle violations of the law on citizen
identification, the national population database and the citizen identification
database in accordance with law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 38. Effect and transitional
provisions
1. This Law takes effect
on January 1, 2016.
2. People’s identity
cards granted before the effective date of this Law remain valid till their
expiry date; and shall be renewed into citizen’s identity cards upon request of
citizens.
3. Legally valid papers
already issued that use information on people’s identity cards remain valid.
The issued forms for
which the use of information on people’s identity cards is required may be
further used through December 31, 2019.
4. For localities having
not yet satisfied the conditions on information infrastructure, technical and
physical foundations and human resources for the management of citizen
identification, the national population database and the citizen identification
database under this Law, citizen management work must still comply with
regulations issued before the effective date of this Law; and must comply with
this Law no later than January 1, 2020.
5. The Government shall
detail the implementation of this Law in the transitional period from the
effective date of this Law through December 31, 2019.
Article 39. Implementation detailing
The Government and
competent agencies shall detail the articles and clauses in this Law as
assigned.
This Law was passed on
November 20, 2014, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 8th session.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung |
Ý KIẾN