Circular 17/2024/TT-BCA detailing the Law on Identity

CIRCULAR

Detailing a number of provisions and measures for the implementation of the Law on Identity

Pursuant to the November 27, 2023 Law on Identity;

Pursuant to the Government’s Decree No. 01/2018/ND-CP of August 6, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Police Department for Administrative Management of Social Order;

The Minister of Public Security promulgates the Circular detailing a number of provisions and measures for the implementation of the Law on Identity.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides detailed regulations and measures for the implementation of the format of electronic identity; the content displayed on the identity card regarding information about the place of residence; the content displayed on the identity card in cases that information about the place of birth, place of birth registration, hometown, ethnicity, or religion is not available or cannot be fully collected; organizing the collection of dossiers for the issuance, renewal, and re-issuance of identity cards through mobile teams when necessary; agreement on the use of the national identification application; forms used in the issuance and management of identity cards; forms used in the collection, updating, adjustment, integration, verification, and retrieval of information in the National Population Database and the Identity Database; responsibilities of the Public Security Divisions of units and localities in the issuance and management of identity cards.

Article 2. Subjects of application

1. Public Security Divisions of units and localities. 

2. Police officers, non-commissioned officers, and soldiers of the People's Public Security. 

3. Agencies, organizations, and individuals involved in the issuance and management of identity cards.

Chapter II

SPECIFIC PROVISIONS

Article 3. Form of electronic identity display

1. The electronic identity card is presented in the form of an image of the identity card or a valid citizen identity card, and other information stored and integrated into the electronic identity card is displayed in the form of characters. The electronic identity is created by the identity management agency of the Ministry of Public Security with a unique identifier for authentication to ensure accuracy and integrity in accordance with the law on electronic transactions.

2. The electronic identity is accessed and used through an electronic identification account on the national identification application; fully and promptly updated with information related to the issuance, management, and integration of information on the identity card.

Article 4. Content displayed on the identity card regarding residence information

1. The residence information displayed on the identity card is the permanent residence information of the identity card holder.

2. In case the applicant for the issuance, renewal, or reissuance of the identity card does not have a permanent residence but has a temporary residence, the residence information displayed on the identity card will be the temporary residence information of the identity card holder.

3. In case the applicant for the issuance, renewal, or reissuance of the identity card does not have a permanent or temporary residence due to not meeting the conditions for permanent or temporary residence registration, the residence information displayed on the identity card will be the current place of residence of the identity card holder.

4. In case the applicant for the issuance, renewal, or reissuance of the identity card does not have residence information in the National Population Database, the identity management agency shall guide the citizen to complete the procedures for permanent residence registration, temporary residence registration, or declaration of residence information. For Vietnamese citizens residing abroad without a place of residence in Vietnam, the residence information on the identity card will display the address of residence abroad (clearly transcribed in Vietnamese).

Article 5. Content displayed on the identity card in case the information about the place of birth, place of birth registration, hometown, ethnicity, or religion is unavailable or incomplete

1. In case the information about the place of birth, place of birth registration, or hometown on the identity card is unavailable or does not fully include the administrative locations at the commune, district, or provincial levels, the identity management agency shall request the citizen to provide documents or materials issued by competent authorities that fully reflect such information for collection, updating, and adjustment in the National Population Database and the Identity Database.

In case the documents or materials provided by the citizen do not fully include the administrative locations at the commune, district, or provincial levels, the identity management agency will request the citizen to provide the missing information and submit a written commitment, taking responsibility for the accuracy of the information regarding the place of birth, place of birth registration, and hometown that they have provided. The identity management agency shall coordinate with the civil status management agency and other relevant agencies to verify and ensure the accuracy and consistency of the information before collecting, updating, and adjusting it in the National Population Database and the Identity Database.

2. In case the information regarding ethnicity or religion is missing on the identity card or has been collected but the citizen requests an update or adjustment, the identity management agency shall update and adjust this information in accordance with Article 10 of the Law on Identity.

The information regarding ethnicity and religion that is updated or adjusted in the National Population Database and the Identity Database must belong to the list of ethnicities and religions issued or recognized by competent authorities.

Article 6. Organizing the collection of dossiers for the issuance, renewal, and reissuance of identity cards and identity certificates by mobile teams in necessary cases

1. The identity management agency organizes the procedures for issuing, renewing, or reissuing identity cards and identity certificates at the address of other agencies or organizations when there is a written request and the identity management agency has sufficient means, technical equipment, and personnel to carry out the process.

2. The identity management agency organizes the procedures for issuing, renewing, or reissuing identity cards and identity certificates at the commune-level police station or at the citizen's residence in cases of individuals with high age, illness, accidents, disabilities, and other special circumstances when the identity management agency has sufficient means, technical equipment, and personnel to carry out the process.

Article 7. Agreement on the use of the national identification application

1. Agencies, organizations, and individuals using the national identification application shall:

a) Provide complete and accurate data about the agency, organization, or individual when agreeing to use the national identification application;

b) Not use the electronic identification account or electronic identity for activities or transactions that violate the law, infringe upon national security, national defense, national interests, public interests, or the legal rights and interests of other agencies, organizations, or individuals;

c) Not unlawfully interfere with the operation of the national identification application;

d) Comply with the usage guidelines for the national identification application issued by the identity management agency of the Ministry of Public Security.

2. The identity management agency of the Ministry of Public Security shall:

a) Apply security measures to ensure information security and safety, and protect the data provided by agencies, organizations, and individuals during the development and management of the national identification application, in accordance with law regulations;

b) Only use the data provided by agencies, organizations, and individuals when using the national identification application within the scope, purpose, and assigned functions and tasks;

c) Notify agencies, organizations, and individuals using the national identification application about activities related to the settlement of data, unless otherwise prescribed by law.

Article 8. Forms used in the issuance and management of identity cards

1. The slip of identity information collection (designated as CC01)

The identity management agency at the place where dossiers for the issuance, renewal, or reissuance of identity cards or identity certificates are received creates a slip of identity information collection, based on the extracted information of citizens or individuals of Vietnamese origin without determined nationality residing in Vietnam (below referred to as individuals of Vietnamese origin without determined nationality) from the National Population Database and the Identity Database during the settlement of procedures.

2. The slip of appointment for identity procedure results (designated as CC02)

The identity management agency at the place where the dossier is received creates a slip of appointment for identity procedure results and grants to citizens or individuals of Vietnamese origin without determined nationality to schedule the date for returning the results of the identity procedure.

3. Notification of refusal to process identity procedure (designated as CC03)

The identity management agency at the place where the dossier is received makes a notification of refusal to process identity procedure to inform citizens or individuals of Vietnamese origin without determined nationality about the refusal to process their identity procedure.

4. The confirmation of 9-Digit ID number and personal identification number (designated as CC04)

The identity management agency or the commune-level police grants the confirmation of 9-Digit ID number and personal identification number to citizens to confirm the information linking the 9-digit ID number with the personal identification number, or to confirm a canceled personal identification number with a re-created personal identification number.

5. Report on the revocation of identity cards and identity certificates (designated as CC05)

The competent authority responsible for revocation shall prepare a report on the revocation of identity cards and identity certificates in case such cards or certificates are revoked in accordance with regulations.

Article 9. Forms used in the collection, updating, adjustment, integration, confirmation, and extraction of information in the National Population Database and the Identity Database.

1. The slip of citizen information collection (designated as DC01)

The slip of citizen information collection is used by citizens or individuals of Vietnamese origin without determined nationality to declare their information for collection and updating into the National Population Database.

2. The slip of request for settlement of identity procedures (designated as DC02)

The slip of request for settlement of identity procedures is used when citizens or individuals of Vietnamese origin without determined nationality carry out procedures for the issuance, renewal, or reissuance of identity cards; confirming the 9-digit ID number and personal identification number information; cancelling and re-establishing the personal identification number; extracting information from the National Population Database; extracting information from the Identity Database; adjusting information in the National Population Database; integrating information into the identity card; collecting and updating information into the Identity Database.

3. The slip of information provision for the National Population Database and Identity Database (designated as DC03)

The slip of information provision for the National Population Database and Identity Database is granted by the identity management agency or the commune-level police to agencies, organizations, or individuals requesting to extract information from the National Population Database and the Identity Database.

Article 10. Management and use of forms

1.       The CC01, CC02, CC03, CC04, CC05, DC01, DC02, and DC03 forms are printed on 210 mm x 297 mm (A4) paper, using black ink on white paper.

2. The CC01, CC02, CC03, CC04, and DC03 forms are integrated into the software system of the National Population Database and the Identity Database and directly printed from the computer for use. The printed and used forms already include the information extracted from the National Population Database and the Identity Database. For forms with numbers, the numbers are recorded by the identity management agency in ascending order, starting from number 01 on the first day of the year and ending on December 31 each year.

3. Upon request, agencies, organizations, or individuals may ask the identity management agency to provide electronic copies or electronic duplicates of the results of identity procedure settlement (including CC04 and DC03 forms) in accordance with the law on conducting administrative procedures in an electronic environment.

Article 11. Responsibilities of the Police Department for Administrative Management of Social Order

1. Advising on the development and submission to the Minister of Public Security for the issuance of legal documents related to identity, the National Population Database, and the Identity Database according to its competence.

2. Assisting the Minister of Public Security in directing, guiding, urging, and inspecting the Public Security Divisions of units and localities in implementing regulations on the issuance and management of identity cards and identity certificates; collecting, updating, adjusting, managing, connecting, sharing, and extracting information in the National Population Database, the Identity Database, and the Electronic Identification and Authentication System.

3. Organizing the production and unified management of identity cards; coordinating with the Department of Planning and Finance, the Department of Equipment and Logistics, the Institute of Science and Technology, and relevant units to ensure funding for the production and management of identity cards and identity certificates, as well as the necessary materials, equipment, and forms for the issuance of identity cards and identity certificates.

4. Inspecting, resolving complaints and denunciations, and handling violations related to the issuance and management of identity cards and identity certificates in accordance with the law regulations.

5. Implementing international cooperation in tasks related to the National Population Database, the National Identity Database; issuance and management of identity cards and identity certificates.

6. Conducting preliminary reviews, summaries, and statistics on the National Population Database, the National Identity Database; issuance and management of identity cards and identity certificates.

Article 12. Responsibilities of units under the Ministry of Public Security

1. The Department of Planning and Finance shall assume the prime responsibility for and coordinate with the Police Department for Administrative Management of Social Order in allocating regular and emergency funds to maintain the operations of the National Population Database, the National Identity Database; the issuance and management of identity cards, and identity certificates.  

2. The Department of Information Technology, the Institute of Science and Technology, and the Department of Telecommunications and Cipher shall assume the prime responsibility for and coordinate with the Police Department for Administrative Management of Social Order in providing guidance and ensuring technical, technological, and information security support for the Public Security Divisions of units and localities in the development and management of the National Population Database, the National Identity Database; the issuance and management of identity cards and identity certificates. 

            3. The Department of Logistics and the Department of Equipment and Logistics shall assume the prime responsibility for and coordinate with the Police Department for Administrative Management of Social Order in providing guidance and ensuring that the Public Security Divisions of units and localities are supplied with materials and equipment for the management and operation of the National Population Database, the National Identity Database, and the issuance and management of identity cards and identity certificates. 

4. Other units under the Ministry of Public Security, based on their assigned functions and tasks, shall coordinate with the Police Department for Administrative Management of Social Order in tasks related to the National Population Database, the National Identity Database; the issuance and management of identity cards and identity certificates.

Article 13. Responsibilities of provincial-level Public Security Departments

1. Directly implementing and advising provincial-level People's Committees on the organization and implementation of legal documents regarding the National Population Database, the National Identity Database, and the issuance and management of identity cards.

2. Organizing the collection, updating, standardization, digitization, and extraction of information in the National Population Database and the National Identity Database. Organizing the reception and management of dossiers for the issuance of identity cards and identity certificates.

3. Inspecting, supervising, resolving complaints and denunciations, and handling violations related to the collection, updating, adjustment, extraction, and use of information in the National Population Database, the National Identity Database, and the issuance and management of identity cards within their scope of management.

4. Submitting regular and ad hoc reports on the issuance and management of identity cards within the managed area to the Ministry of Public Security.

Article 14. Responsibilities of district-level Public Security Departments

1. Implementing legal documents regarding the National Population Database, the National Identity Database, and the issuance and management of identity cards to commune-level Public Security Departments; providing direction, guidance, and inspection for commune-level Public Security Departments in collecting citizens’ information for the National Database on Population; implementing the collection and updating of information on people of Vietnamese origin without determined nationality into the National Population Database.

2. Organizing the collection, updating, standardization, digitization, and extraction of information in the National Population Database and the National Identity Database; issuing and managing identity cards.

3. Organizing the reception of dossiers for the issuance of identity cards and identity certificates; inspecting the use of identity cards and identity certificates by citizens and people of Vietnamese origin without determined nationality within the managed area in accordance with the law regulations.

4. Addressing complaints and denunciations related to the collection, updating, adjustment, extraction, and use of information in the National Population Database, the National Identity Database, and the issuance and management of identity cards within their scope of management.

5. Submitting regular and ad-hoc reports on the issuance and management of identity cards within the managed area to the Public Security Departments of provinces.

Article 15. Responsibilities of commune-level Public Security Departments

1. Collecting, updating, and adjusting information about citizens in the National Population Database.

2. Monitoring the situation, compiling statistics, and reviewing citizens and people of Vietnamese origin without determined nationality that have not been issued identity cards or identity certificates; coordinating with the Public Security Departments of higher levels in organizing the reception of dossiers for the issuance of identity cards and identity certificates in the managed area.

3. Addressing the complaints and denunciations related to the collection, updating, adjustment, extraction, and use of information in the National Population Database within their scope of management.

4. Organizing the inspection of the use of identity cards and identity certificates within the managed area in accordance with the law regulations.

Chapter III

IMPLEMENTATION PROVISIONS

Article 16. Effect

1. This Circular takes effect on July 1, 2024.

2. These following circulars shall cease to be effective from the date this Circular takes effect:

a) The Minister of Public Security’s Circular No. 59/2021/TT-BCA of May 15, 2021, detailing the implementation of the Law on Identity and Decree No. 137/2015/ND-CP of December 31, 2015, detailing a number of articles and measures for the implementation of the Law on Identity, which was amended and supplemented under Decree No. 37/2021/ND-CP of March 29, 2021;

b) The Minister of Public Security’s Circular No. 66/2015/TT-BCA of December 15, 2015, prescribing the forms used in the issuance and management of identity cards, identity archives, and the National Population Database;

c) The Minister of Public Security’s Circular No. 41/2019/TT-BCA of October 01, 2019, amending and supplementing a number of articles of Circular No. 66/2015/TT-BCA of December 15, 2015, prescribing the forms used in the issuance and management of identity cards, identity archives, and the National Population Database;

d) The Minister of Public Security’s Circular No. 104/2020/TT-BCA of September 30, 2020, amending and supplementing a number of articles of the Minister of Public Security’s Circular No. 66/2015/TT-BCA of December 15, 2015, prescribing the forms used in the issuance and management of identity cards, identity archives, and the National Population Database, which was amended and supplemented under the Minister of Public Security’s Circular No. 41/2019/TT-BCA of October 01, 2019.  

Article 17. Implementation responsibility

1. The Director of the Police Department for Administrative Management of Social Order shall inspect and urge the implementation of this Circular.

2. The heads of units under the Ministry of Public Security, the Directors of Public Security Departments of provinces and centrally run cities, and relevant agencies, organizations, and individuals shall implement this Circular.

The Public Security Divisions of units and localities, relevant agencies, organizations, individuals should promptly report any difficulties and problems arising in the course of implementation of this Circular to the Ministry of Public Security (via the Police Department for Administrative Management of Social Order) for timely guidance./.