Law on Identity No. 26/2023/QH15

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ATTRIBUTE Law on Identity No. 26/2023/QH15

Law on Identity No. 26/2023/QH15 dated November 27, 2023 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:26/2023/QH15Signer:Vuong Dinh Hue
Type:LawExpiry date:Updating
Issuing date:27/11/2023Effect status:
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Effect status: Known

 

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 26/2023/QH15

 

 

LAW ON IDENTITY[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Identity.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the National Population Database and the Identity Database; identity card, electronic identity; identity certificate; rights, obligations and responsibilities of related agencies, organizations, and individuals.

Article 2. Subjects of application

This Law applies to Vietnamese citizens; people of Vietnamese origin with unknown citizenship currently living in Vietnam; and related agencies, organizations and individuals.

Article 3. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. Identity means basic information on the personal identity, background, identification traits and biometrics of a person.

2. Identification traits means unique and stable external characteristics of a person that help identify and distinguish one person from another.

3. Biometrics means physical attributes and unique and stable biological characteristics of a person that help identify and distinguish one person from another.

4. People of Vietnamese origin with unknow citizenship currently residing in Vietnam (below referred to as people of Vietnamese origin with unknown citizenship) means people who are residing in Vietnam and do not have papers and documents proving that they hold the Vietnamese citizenship or the citizenship of another country but share the same direct blood line with a person who once held Vietnamese citizenship as determined according to the principle of jus sanguinis.

5. Identity archives means a system of dossiers and documents on identities which are classified, arranged, stored and managed in a certain order for the purposes of information reference and exploitation.

6. National Population Database means a shared database, a collection of information on Vietnamese citizens and people of Vietnamese origin with unknow citizenship, which is digitized, standardized, stored and managed by information infrastructure for use in state management and transactions of agencies, organizations and individuals.

7. Identity Database means a specialized database, a collection of information on identities of Vietnamese citizens and people of Vietnamese origin with unknown citizenship, which is digitized, standardized, stored and managed by information infrastructure for use in state management of identities and transactions of agencies, organizations and individuals.

8. Specialized database means a collection of information on one or some of certain fields of management of ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees, political organizations or socio-political organizations, which is digitized, standardized, stored and managed by information infrastructure for use in specialized state management and transactions of agencies, organizations, and individuals.

9. Information infrastructure of the National Population Database and the Identity Database means a collection of hardware, software and database management systems serving the creation, collection, processing, storage, transmission, exchange and sharing of information on population and identities.

10. Identity management agency means an agency assigned by the Ministry of Public Security to perform the task of managing identities, the National Population Database, the Identity Database, and the electronic identification and authentication system.

11. Identity card means a personal paper containing the identity and other information integrated thereinto, which is issued by identity management agencies for Vietnamese citizens in accordance with this Law.

12. Identity certificate means a personal paper containing the identity of a person of Vietnamese origin with unknown citizenship, which is issued by identity management agencies in accordance with this Law.

13. Electronic identity of Vietnamese citizens (below referred to as electronic identity) means the following information on a citizen in the Identity Database that enables the identification of that only person in the electronic environment through the electronic identification and authentication system and is used to create his/her electronic identity card:

a/ Personal identification number;

b/ Surname, middle name and given name;

c/ Date of birth;

d/ Gender;

dd/ Face photo;

e/ Fingerprints.

14. Electronic identification and authentication system means an information system serving the registration, creation and management of electronic identification accounts and performance of electronic authentication.

15. Electronic identification of Vietnamese citizens means the registration, collation and attaching of the electronic identity and issuance of electronic identity card for a citizen.

16. Electronic authentication of electronic identity of Vietnamese citizens means the certification and affirmation of the accuracy of electronic identity through exploiting and comparing of information in the National Population Database and the Identity Database via the electronic identification and authentication system.

17. Electronic identity card means the identity of a Vietnamese citizen which is shown through the electronic identity account created by the electronic identification and authentication system.

18. National identification application means an application on digital devices used for electronic identification and electronic authentication activities in settlement of administrative procedures, public services and other transactions in the electronic environment and for development of utilities to serve agencies, organizations and individuals.

19. National Data Center means a place where information and data from databases and information systems are gathered, stored, processed and regulated for provision of applications related to data and information infrastructure according to the Government’s regulations.

Article 4. Principles of management of identity, National Population Database and Identity Database

1.  To comply with the Constitution and law; to guarantee human rights and citizens’ rights.

2. To ensure publicity, transparency, equality and convenience for agencies, organizations and individuals.

3. To ensure information security and protection of personal data.

4. To collect, update and adjust information and documents in a complete, accurate and prompt manner; to perform the management in a centralized, unified and closed manner for maintenance, connection, sharing, efficient exploitation and use and long-term storage.

Article 5. Rights and obligations of Vietnamese citizens and people of Vietnamese origin with unknown citizenship with regard to identity, National Population Database and Identity Database  

1. Vietnamese citizens have the following rights:

a/ To have their personal data in the National Population Database and the Identity Database protected in accordance with law;

b/ To request identity management agencies to update and adjust their information in the National Population Database, the Identity Database, identity cards, and electronic identity cards in accordance with the law on identity;

c/ To have the personal identification numbers of Vietnamese citizens established; to be issued identity cards and have such cards renewed or re-issued in accordance with this Law; to have their identity information and information in the National Population Database confirmed;

d/ To use identity cards and electronic identity cards in transactions and exercise of lawful rights and interests;

dd/ To exploit their information in the National Population Database and the Identity Database.

2. People of Vietnamese origin with unknown citizenship have the following rights:

a/ To have their personal data in the National Population Database and the Identity Database protected in accordance with law;

b/ To request the identity management agencies to update and adjust their information in the National Population Database, the Identity Database, and identity certificates in accordance with the law on identity;

c/ To have the personal identification numbers of people of Vietnamese origin with unknown citizenship established; to be issued identity certificates and have such certificates renewed or re-issued in accordance with this Law;

d/ To use identity certificates in transactions and exercise of lawful rights and interests;

dd/ To exploit their information in the National Population Database and the Identity Database.

3. Vietnamese citizens and people of Vietnamese origin with unknown citizenship have the following obligations:

a/ To carry out procedures for issuance, renewal and re-issuance of identity cards and identity certificates in accordance with the law on identity; to preserve their identity cards and identity certificates;

b/ To provide information and documents in a complete, accurate and prompt manner to serve the updating and adjustment of information in the National Population Database, the Identity Database, identity cards and electronic identity cards in accordance with the law on identity;

c/ To provide information and documents that have changed compared to the information on their identity cards or identity certificates in a complete, accurate and prompt manner when conducting related transactions and be held responsible for the completeness and accuracy of such information and documents;

d/ To present identity cards, electronic identity cards or identity certificates or provide personal identification numbers when requested by competent persons in accordance with law;

dd/ To return their identity cards or identity certificates to competent agencies in case their identity cards or identity certificates are subject to renewal, revocation or seizure in accordance with this Law.

4. People who have lost civil act capacity and people with difficulty in cognition and behavior control as prescribed in the Civil Code, and people aged under 14 years may exercise the rights and perform the obligations specified in this Article through their legal representatives or by themselves with the consent of their legal representatives in accordance with the Civil Code.

Article 6. Responsibilities of the identity management agency

1. To collect, update and adjust information in the National Population Database and the Identity Database in a complete, accurate and prompt manner.

2. To publicly post and guide administrative procedures related to identity, the National Population Database and the Identity Database in accordance with law.

3. To ensure information security and protect personal data in the National Population Database, the Identity Database and the electronic identification and authentication system.

4. To provide in a complete, accurate and prompt manner information and documents on people when requested by agencies, organizations or individuals in accordance with law.

5. To issue and manage electronic identity cards; to issue, renew, re-issue and revoke identity cards and identity certificates in accordance with this Law.

6. To manage electronic identification and authentication.

7. To settle complaints and denunciations and handle violations of the law on identity in accordance with law.

Article 7. Prohibited acts

1. Issuing, renewing, re-issuing or revoking identity cards and identity certificates in contravention of law.

2. Seizing identity cards and identity certificates in contravention of law.

3. Harassing, causing troubles or practicing discrimination when settling administrative procedures related to identity, the National Population Database and the Identity Database.

4.  Falsifying documents and dossiers on identity and information in the National Population Database and the Identity Database; failing to provide, providing in an incomplete or inaccurate manner, or providing in contravention of law, information and documents on identity or information in the National Population Database and the Identity Database.

5. Failing to perform procedures for issuance of identity cards as specified in Clause 2, Article 19 of this Law.

6. Producing or putting into use tools, means or software or committing other acts that hinder or disrupt the operation of the information infrastructure of the National Population Database and the Identity Database, and the electronic identification and authentication system.

7. Counterfeiting, modifying or intentionally falsifying the contents of identity cards, electronic identity cards or identity certificates; appropriating or illegally using others’ identity cards, electronic identity cards or identity certificates; renting, leasing, mortgaging, accepting as mortgage or destroying identity cards or identity certificates; using fake identity cards, fake electronic identity cards or fake identity certificates.

8. Accessing, altering, deleting, destroying or distributing, or performing other activities related to processing of, personal data in the National Population Database, the Identity Database or the electronic identification and authentication system in contravention of law.

9. Illegally exploiting, sharing, buying, selling, exchanging, appropriating or using information and data in the National Population Database, the Identity Database and the electronic identification and authentication system.

 

Chapter II

NATIONAL POPULATION DATABASE, IDENTITY DATABASE

Section 1

NATIONAL POPULATION DATABASE

Article 8. Requirements for building and managing the National Population Database

1. The National Population Database shall be built and managed in a centralized and unified manner at the identity management agency of the Ministry of Public Security.

2. The National Population Database shall be built according to standards and technical regulations in the field of information technology and economic-technical norms, ensuring stable and continuous operation.

3. To ensure information security, protection of personal data, and convenience in collection, updating, adjustment, exploitation and use of information and data.

4. To ensure connection and sharing with national databases, specialized databases and other databases, the national data center and public service portals, and information systems for settlement of administrative procedures.

5. To ensure the right to exploit information of agencies, organizations and individuals in accordance with law.

6. To ensure storage of information of people in the database during collection, updating and adjustment.

Article 9. Information in the National Population Database

1. Surname, middle name and birth name.

2. Pseudonym.

3. Personal identification number.

4. Date of birth.

5. Gender.

6. Place of birth.

7. Place of birth registration.

8. Hometown.

9. Ethnicity.

10. Religion.

11. Citizenship.

12. Blood type.

13. Nine-digit people’s identity card number.

14. Date of issuance, issuer, and expiry date of the identity card, citizen’s identity card or 12-digit people’s identity card.

15. Surname, middle name and given name, personal identification number, 9-digit people’s identity card number, and citizenship of father, mother, wife or husband, child(ren), legal representative, and represented person(s).

16. Place of permanent residence.

17. Place of temporary residence.

18. Place of domicile.

19. Status of declaration of temporary absence.

20. Residence record number.

21. Marital status.

22. Relationship with the head of household.

23. Surname, middle name and given name, personal identification number, and 9-digit people’s identity card number of the head of household and household members.

24. Date of death or missing.

25. Mobile subscriber number, email address.

26. Other information according to the Government’s regulations.

Article 10. Collection, updating, adjustment, management, connection, sharing and exploitation of information in the National Population Database

1. The information items specified in Article 9 of this Law shall be collected, updated and adjusted in the National Population Database from archives managed by the People’s Public Security forces and the Identity Database, the Residence Database, the Civil Status Database, other national databases and specialized databases, and other databases in accordance with law.

2. In case the information items specified in Clauses 1, 4, 5, 7, 8, 9 and 11, Article 9 of this Law is not available or incomplete, the identity management agencies shall request people to provide such information.

3. The identity management agencies shall coordinate with related agencies, organizations and individuals in checking information upon collection, updating and adjustment so as to ensure accuracy and consistency.

4. The information infrastructure system of the National Population Database shall be protected by the State in accordance with the laws on protection of important works concerning national security, cyber security and cyberinformation security.

5. Methods of exploiting information in the National Population Database:

a/ Direct connection and sharing of information from national databases, specialized databases, other databases and the national data center to the National Population Database or by other methods of the Vietnam e-Government Architecture Framework;

b/ The National Public Service Portal and the Ministry of Public Security’s Public Service Portal;

c/ Documents providing information;

d/ National identification application;

dd/ Electronic identification and authentication platform;

e/ Other methods as decided by the Prime Minister.

6. State agencies, political organizations and socio-political organizations may exploit information in the National Population Database in conformity with their functions and tasks.

7. Individuals may exploit their information in the National Population Database.

8. Organizations and individuals other than those specified in Clauses 6 and 7 of this Article shall, when exploiting personal information in the National Population Database, obtain the consent of the identification management agency and the persons who are the subjects of the information to be exploited. In case of exploiting information on people who have lost civil act capacity and people with difficulty in cognition and behavior control as prescribed in the Civil Code, people aged under 14 years, people declared missing or deceased persons, they shall obtain the consent of the identity management agencies and one of the legal representatives or heirs of such persons as specified in Clause 9 of this Article.

9. People who have lost civil act capacity and people with difficulty in cognition and behavior control as prescribed in the Civil Code, and people aged under 14 years may exploit their information through their legal representatives.

The exploitation of information of a person declared missing shall be decided by the legal representative of that person.

The exploitation of information of a deceased person shall be decided by the person(s) identified as the heir(s) of that person.

10. Information in the National Population Database shall serve as a basis for agencies, organizations and individuals to check and unify information on individuals.

11. The Government shall provide in detail Clauses 1, 2, 3, 5 and 9 of this Article; and prescribe the order and procedures for exploiting information in the National Population Database.

Article 11. Relation between the National Population Database and national databases, specialized databases, the national data center, public service portals, and information systems for settlement of administrative procedures

1. Agencies and organizations managing national databases and specialized databases shall, when obtaining an information item on individuals that is classified as belonging to the information to be included in the National Population Database, connect and share such information with the National Population Database.

2. The identity management agencies shall share information in the National Population Database with agencies and organizations managing national databases and specialized databases for the latter perform their assigned functions and tasks.

3. Agencies managing ministerial- or provincial-level public service portals or agencies managing ministerial- or provincial-level information systems for settlement of administrative procedures shall, when obtaining administrative procedure settlement results with regard to the information items specified in Article 9 of this Law, share such information with the identity management agencies; the identity management agencies shall update and adjust such information in the National Population Database in a complete, accurate and prompt manner.

4. In case the information on an individual in a national database or specialized database is inconsistent with the information in the National Population Database, the identity management agencies shall coordinate with related agencies or such individual in order to check information and update and adjust information in the National Population Database or national database or specialized database to ensure accuracy and consistency.

5. The connection, sharing, updating, adjustment, exploitation and use of information between the National Population Database and the national data center, national databases, and specialized databases of agencies and organizations must ensure effectiveness, safety, and conformity with functions, tasks and powers of related agencies in accordance with this Law and other relevant laws.

Article 12. Personal identification numbers of Vietnamese citizens

1. The personal identification number of a Vietnamese citizen is a 12-digit natural number sequence established by the National Population Database for Vietnamese citizens.

2. Personal identification numbers of Vietnamese citizens shall be uniformly managed nationwide and established by the Ministry of Public Security for each Vietnamese citizen without repetition.

3. Personal identification numbers of Vietnamese citizens shall be used to issue identity cards and exploit information on citizens in the National Population Database, other national databases, specialized databases, the national data center, public service portals, and information systems for settlement of administrative procedures.

4. The Government shall provide the establishment, cancellation and re-establishment of personal identification numbers of Vietnamese citizens.

Article 13. Responsibilities of related agencies, organizations and individuals in provision, collection, updating and adjustment of information and documents in the National Population Database

1. Related agencies, organizations and individuals have the following responsibilities:

a/ To comply with the process of providing, collecting, updating and adjusting information and documents;

b/ To ensure that the provision and collection of information and documents are carried out in a complete, accurate and prompt manner;

c/ To promptly notify information on people to the identity management agencies when such information changes or is inaccurate.

2. Persons assigned to collect, update and adjust information and documents have the following responsibilities:

a/ To check information and documents on people; to regularly monitor, update and adjust information;

b/ To preserve and protect related information and documents; to refrain from altering, erasing or damaging documents and be held responsible for the accuracy and completeness of updated and adjusted information.

3. Heads of identity management agencies have the following responsibilities:

a/ To manage the collection, updating, adjustment and storage of information and documents;

b/ To check, and be held responsible for, updated, adjusted and stored information and documents.

Section 2

IDENTITY DATABASE

Article 14. Requirements for building and managing the Identity Database

1. The Identity Database shall be built and managed in a centralized and unified manner at the identity management agency of the Ministry of Public Security.

2. The Identity Database shall be built according to standards and technical regulations in the field of information technology and economic-technical norms, ensuring connection with the National Population Database and stable and continuous operation.

3. To ensure information security, protection of personal data, and convenience in collection, updating, adjustment, exploitation and use.

4. To ensure the right to exploit information of agencies, organizations and individuals in accordance with law.

5. To ensure that the collection, updating and adjustment of information are carried out in a complete, accurate and prompt manner; to store information on people that are collected, updated and adjusted in the database in a complete manner.

Article 15. Information in the Identity Database

1. The information items specified in Clauses 1 to 18, and Clauses 24 and 25, Article 9 of this Law.

2. Information on identification traits.

3. Biometric information, including face photo, fingerprint, iris, DNA and voice.

4. Occupation, except the People’s Army, People’s Public Security and Cipher forces.

5. Status of electronic identity card. The status of electronic identity card is expressed in the forms of locking and unlocking and electronic identification levels.

Article 16. Collection, updating, adjustment, management, connection, sharing and exploitation of information in the Identity Database

1. Information in the Identity Database shall be collected, updated and adjusted from:

a/ Connecting and sharing information with the National Population Database and other national databases and specialized databases;

b/ Identity archives; dossiers on issuance and management of identity cards; and dossiers on issuance and management of identity certificates;

c/ Individuals who are the subjects of information, except the case specified at Point d of this Clause;

d/ Biometric information on DNA and voice shall be collected from people on a voluntary basis or when criminal proceeding-conducing agencies or agencies managing people subject to administrative handling measures, during the process of settlement of cases and matters according to their functions and tasks, solicit expertise or collect biometric information on DNA and voice of related people, then share such information with identity management agencies for updating and adjustment of information in the Identity Database.

2. The sharing of information in the Identity Database is prescribed as follows:

a/ The Identity Database shares information with the National Population Database and other specialized databases managed by the Ministry of Public Security to serve population management, identity management and crime prevention and fighting;

b/ The sharing of information in the Identity Database with databases other than those specified at Point a of this Clause must comply with the Government’s regulations.

3. The exploitation of information in the Identity Database is prescribed as follows:

a/ State agencies, political organizations and socio-political organizations may exploit information in the Identity Database to perform their functions and tasks through the sharing of information as specified in Clause 2 of this Article or by sending a written request for provision of information to the identity management agency;

b/ Individuals may exploit their information in the Identity Database by sending a written request for provision of information to the identity management agency;

c/ Organizations and individuals other than those specified at Points a and b of this Clause shall, when exploiting personal information in the Identity Database, send a written request for provision of information to identity management agencies and obtain the consent of the identification management agency and the individuals who is the subject of the information to be exploited. In case of exploiting information of people who have lost civil act capacity or people with difficulty in cognition and behavior control as prescribed in the Civil Code, people aged under 14 years, people declared missing or deceased people, they shall obtain the consent of identity management agencies and one of their legal representatives and heirs as specified at Point d of this Clause;

d/ People who have lost civil act capacity and people with difficulty in cognition and behavior control as prescribed in the Civil Code and people aged under 14 years shall exploit their information through a legal representative.

The exploitation of information of a person declared missing shall be decided by a legal representative of that person.

The exploitation of information of a deceased person shall be decided by the person identified as the heir(s) of that person.

4. The head of the identity management agency of the Ministry of Public Security has the competence to permit the exploitation of information in the Identity Database.

5. The Government shall detail Clauses 1 and 3 of this Article.

Article 17. Responsibilities of related agencies, organizations and individuals in sharing, providing, updating and adjusting information and documents in the Identity Database

1. Related agencies, organizations and individuals have the following responsibilities:

a/ To share and provide information and documents in a complete, accurate and prompt manner in accordance with this Law;

b/ To promptly notify information and documents on people’s identity to identity management agencies in case these information and documents change or are inaccurate;

c/ Criminal proceeding-conducting agencies and agencies managing people subject to administrative handling measures shall, when obtaining biometric information on DNA and voice of such people, transfer such information to identity management agencies for updating and adjustment.

2. Persons tasked to update and adjust information and documents have the following responsibilities:

a/ To check information and documents on people; to regularly monitor, update and adjust information;

b/ To preserve and protect related information and documents; to refrain from altering, erasing or damaging documents and be held responsible for the accuracy and completeness of updated and adjusted information.

3. Heads of identity management agencies has the following responsibilities:

a/ To manage the collection, updating, adjustment and storage of information and documents;

b/ To check, and be held responsible for, updated, adjusted and stored information and documents.

 

Chapter III

IDENTITY CARDS, IDENTITY CERTIFICATES

Article 18. Contents displayed on identity cards

1. An identity card contains the information printed thereon and a medium for storage of encrypted information.

2. Information printed on an identity card includes:

a/ Image of the national emblem of the Socialist Republic of Vietnam;

b/ The phrases “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness”;

c/ The word “CĂN CƯỚC” (IDENTITY);

d/ Face photo;

dd/ Personal identification number;

e/ Surname, middle name and birth name;

g/ Date of birth;

h/ Gender;

i/ Place of birth registration;

k/ Citizenship;

l/ Place of domicile;

m/ Date of card issuance; expiry date;

n/ Place of issuance: Ministry of Public Security.

3. Information encrypted and stored in the storage medium on identity cards includes information on face photo, fingerprints, iris, and the information items specified in Clauses 1 thru 18, Article 9; Clause 2, Article 15; and Clause 2, Article 22, of this Law.

4. The Minister of Public Security shall provide specifications, other languages, shape, size and material of identity cards; encryption of information stored in the storage medium on identity cards; contents on place of domicile displayed on identity cards, and cases in which the information items specified in Clauses 2 and 3 of this Article are unavailable or incomplete.

Article 19. Persons entitled to issuance of identity cards

1. Persons entitled to issuance of identity cards are Vietnamese citizens.

2. Vietnamese citizens aged full 14 years or older shall carry out procedures for issuance of identity cards.

3. Vietnamese citizens aged under 14 years may apply for issuance of identity cards on demand.

Article 20. Validity of identity cards

1. An identity card shall be valid for proving the card holder’s identity and other information that has been integrated thereinto for use when carrying out administrative procedures, using public services, conducting transactions and carrying out other activities in Vietnam’s territory.

2. Identity cards may be used as a substitute for entry/exit documents in case the Socialist Republic of Vietnam and a foreign country sign a treaty or an international agreement allowing citizens of the signatories to use identity cards as a substitute for entry/exit documents in each other’s territory.

3. Identity cards or personal identification numbers shall be used for agencies, organizations and individuals to check information on card holders in the National Population Database and other national databases and specialized databases in accordance with law.

In case a card holder is requested by a competent agency, organization or individual to present his/her identity card, that agency, organization or individual may not require the card holder to present papers or provide information that have/has been printed and integrated into the identity card; in case the information has changed compared to the information on the identity card, the card holder shall provide legally valid papers and documents proving the changed information.

4. The State shall protect lawful rights and interests of people entitled to issuance of identity cards in accordance with law.

Article 21. Age thresholds for renewal of identity cards

1. Vietnamese citizens who have been issued identity cards shall carry out the procedures for renewing their identity cards when they reach full 14 years, 25 years, 40 years and 60 years.

2. An identity card issued, renewed or re-issued within 2 years before the card holder reaches an age threshold specified in Clause 1 of this Article shall remain valid until the card holder reaches the next age threshold for renewal of the identity card.

Article 22. Integration of information into identity cards and use and exploitation of integrated information

1. Integration of information into identity cards is the addition of encrypted information other than identity information to the storage medium of identity cards. Information shall be integrated at the request of citizens and authenticated through national databases and specialized databases.

2. Information integrated into the identity card of a citizen includes information on the card holder’s health insurance card, social insurance book, driver’s license, birth certificate, marriage certificate or other documents as decided by the Prime Minister, except information on documents issued by the Ministry of National Defense.

3. The use of information that has been integrated into identity cards is as valid as provision of information or use of documents containing that information when carrying out administrative procedures, using public services, conducting transactions or carrying out other activities.

4. People may request integration of information into identity cards on demand or upon issuance, renewal or re-issuance of identity cards.

5. The exploitation of information encrypted and integrated into identity cards is prescribed as follows:

a/ To use specialized equipment to exploit information integrated into the encrypted storage medium of identity cards;

b/ To use information on identity cards through specialized equipment to retrieve and exploit integrated information through the National Population Database and the electronic identification and authentication system;

c/ State agencies, political organizations and socio-political organizations may exploit information encrypted and integrated into identity cards to perform their assigned functions and tasks;

d/ Organizations and individuals that wish to exploit information encrypted and integrated into a citizen’s identity card shall obtain the consent of that citizen.

6. The Government shall detail this Article; and prescribe the order and procedures for updating and adjusting information on identity cards.

 Article 23. Order and procedures for issuance of identity cards

1. The order and procedures for issuance of an identity card to a person aged full 14 years or older are provided as follows:

a/ The dossier recipient shall check and collate information on the person applying for an identity card in the National Population Database, national databases and specialized databases to identify the person applying for an identity card. In case the information on the person applying for an identity card is not available in the National Population Database, the dossier recipient shall perform procedures for updating and modification of information in the National Population Database under Clauses 1, 2 and 3, Article 10 of this Law;

b/ The dossier recipient shall receive information on identification traits of and biometric information on the person applying for an identity card, including face photo, fingerprints and iris;

c/ The person applying for an identity card shall check and sign the slip of identity information collection;

d/ The dossier recipient shall issue a slip of appointment for handover of identity card;

dd/ The identity card shall be handed over at the place stated in the slip of appointment; in case the person applying for issuance of an identity card wishes to receive the card at another place, the identity management agency shall hand the card to him/her at the place requested by that person who shall pay a courier service charge.

2. Under-14 people or lawful representatives of under-14 people may request the identity management agency to issue identity cards. The order and procedures for issuance of an identity card to an under-14 person are provided as follows:

a/ For under-6 people, their lawful representatives shall carry out procedures for issuance of identity cards for them via the public service portal or the national identification application. For under-6 people for whom birth registration has not yet made, their lawful representatives shall carry out procedures for issuance of identity cards in combination with birth registration procedures via the public service portal or national identification application or directly at the identity management agency. The identity management agency shall not collect information on under-6 people’s identification traits and biometric information;

b/ People aged between full 6 years and under 14 years and their lawful representatives shall come to the identity management agency together to provide information on identification traits and biometric information as specified at Point b, Clause 1 of this Article.

Lawful representatives of people aged between full 6 years and under 14 years shall carry out procedures for issuance of identity cards on behalf of the latter.

3. People who have lost civil act capacity or having difficulty in cognition or behavior control must have their lawful representatives to support them when carrying out the procedures specified in Clause 1 of this Article.

4. In case of refusal to issue identity cards, the identity management agency shall issue a written reply clearly stating the reason.

5. The Government shall detail this Article.

Article 24. Cases of renewal or re-issuance of identity cards

1. An identity card shall be renewed in the following cases:

a/ The cases specified in Clause 1, Article 21 of this Law;

b/ Change or rectification of surname, middle name and/or given name; or date of birth;

c/ Change of identification traits, addition of information on face photo and/or fingerprints; gender re-assignment or gender transition in accordance with law;

d/ The identity card contains inaccurate information;

dd/ The card holder requests renewal of the identity card upon the change of information on the identity card due to reorganization of administrative units;

e/ Re-establishment of the personal identification number;

g/ The card holder requests renewal of the identify card.

2. An identity card shall be re-issued in the following cases:

a/ It is lost or damaged to an extent that it becomes unusable, except the cases specified in Article 21 of this Law;

b/ The card holder has his/her Vietnamese citizenship restored under the Law on Vietnamese Citizenship.

Article 25. Order and procedures for renewal and re-issuance of identity cards

1. The order and procedures for re-issuance of an identity card in the case specified at Point b, Clause 2, Article 24 of the Law and for renewal of an identity card must comply with Article 23 of this Law.

2. In case of renewal of an identity card as a result of gender re-assignment or gender transition or change or rectification of the information specified at Point b, Clause 1, Article 24 of this Law while such information has not yet been updated or adjusted in the National Population Database, the person requesting renewal of identity card shall submit legally valid papers and documents proving the changed information to perform the procedures for updating and adjustment of information in the National Population Database.

3. The identity management agency shall take back used citizen’s identity cards and identity cards in cases of renewal of identity cards.

4. The re-issuance of identity cards in the case specified at Point a, Clause 2, Article 24 of this Law shall be carried out online on the public service portal or national identification application or directly at places of carrying out procedures for issuance of identity cards. The identity management agency shall use the most recently collected information on face photos, fingerprints and iris and information currently available in the National Population Database and Identity Database to re-issue identity cards.

5. The Government shall detail this Article.

Article 26. Time limit for issuance, renewal or re-issuance of identity cards

The identity management agency shall issue, renew or re-issue an identity card within 7 working days after receiving a complete dossier.

Article 27. Places of carrying out procedures for issuance, renewal and re-issuance of identity cards

1. Identity management agencies of Public Security Divisions of rural districts, urban districts, towns or provincial/municipal cities or identity management agencies of Public Security Departments of provinces and centrally run cities where citizens reside.

2. The identity management agency of the Ministry of Public Security, for cases decided by the head of the agency.

3. When necessary, the identity management agencies specified in Clauses 1 and 2 of this Article shall perform procedures for issuance of identity cards at communes, wards, townships, workplaces or places of residence of citizens.

Article 28. Competence to issue, renew and re-issue identity cards

The head of the identity management agency of the Ministry of Public Security shall be competent to issue, renew and re-issue identity cards.

Article 29. Revocation and seizure of identity cards

1. An identity card shall be revoked in the following cases:

a/ The citizen who is the card holder is deprived of Vietnamese citizenship or is entitled to renouncement of Vietnamese citizenship, or the decision on his/her naturalization in Vietnam is annulled;

b/ The card is issued in contravention of law;

c/ The card is erased or modified.

2. An identity card shall be seized in the following cases:

a/ The card holder is serving the judicial measure of education at reformatory; is executing a decision on application of the administrative handing measure of consignment to a reformatory, compulsory education institution or compulsory drug rehabilitation facility;

b/ The card holder is held in custody or temporary detention, or serving an imprisonment sentence.

3. In the period of seizing a person’s identity card under Clause 2 of this Article, the card-seizing agency shall consider permitting the card holder to use his/her identity card to conduct transactions and exercise his/her lawful rights and interests.

4. Those whose identity cards are seized under Clause 2 of this Article shall have their identity cards returned upon the expiration of the custody or temporary detention period or after obtaining a decision on cancellation of custody or temporary detention; or after having served the imprisonment sentence or implemented the judicial measure of education at reformatory; or after executing a decision on application of the administrative handing measure of consignment to  reformatory, compulsory education institution or compulsory drug rehabilitation facility.

5. The competence to revoke and seize identity cards is prescribed as follows:

a/ Identity management agencies shall revoke identity cards in the cases specified in Clause 1 of this Article;

b/ When performing procedures for depriving of Vietnamese citizenship, permitting the renunciation of Vietnamese citizenship or annulment of decisions permitting the naturalization in Vietnam, agencies in charge of receiving dossiers for, and notifying results of, settlement of such procedures shall revoke identity cards of concerned citizens and notify thereof to identity management agencies;

c/ Agencies executing custody or temporary detention warrants; agencies executing imprisonment sentences; agencies implementing the judicial measures of education at reformatory; or agencies executing decisions on application of the administrative handing measure of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility shall seize identity cards in the cases specified in Clause 2 of this Article.

6. The Government shall detail Clause 2 of this Article; and prescribe the order and procedures for revocation, seizure and return of identity cards.

Article 30. Identity certificates and identity management of people of Vietnamese origin with unknown citizenship who have been issued identity certificates

1. Identity certificates shall be issued to people of Vietnamese origin with unknown citizenship who have been residing for 6 consecutive months or more in a commune-level administrative unit or a district-level administrative unit where commune-level administrative units are not organized.

2. Contents of identity management of people of Vietnamese origin with unknown citizenship who are entitled to issuance of identity certificates:

a/ Collecting information on identity of people of Vietnamese origin with unknown citizenship;

b/ Updating, adjusting, exploiting and using collected information on identity of people of Vietnamese origin with unknown citizenship in the National Population Database and Identity Database;

c/ Establishing personal identification numbers for people of Vietnamese origin with unknown citizenship;

d/ Issuing, renewing, re-issuing, revoking, seizing and returning identity certificates.

3. Information printed on an identity certificate includes:

a/ The national emblem of the Socialist Republic of Vietnam;

b/ The phrases “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM, Độc lập - Tự do - Hạnh phúc” (THE SOCIALIST REPUBLIC OF VIETNAM, Independence - Freedom - Happiness);

c/ The phrase “CHỨNG NHẬN CĂN CƯỚC” (IDENTITY CERTIFICATE);

d/ Face photo, fingerprints;

dd/ Personal identification number;

e/ Surname, middle name and given name;

g/ Date of birth;

h/ Gender;

i/ Place of birth;

k/ Native place;

l/ Ethnicity;

m/ Religion;

n/ Marital status;

c/ Place of domicile;

p/ Surname, middle name and given name and citizenship of the father, mother, wife, husband, at-law representative, guardian or ward;

q/ Issuance date, issuing agency;

r/ Expiry date.

4. Places for carrying out procedures for issuance, renewal and re-issuance of identity certificates:

a/ Identity management agencies of Public Security Divisions of rural districts, urban districts, towns or provincial/municipal cities or identity management agencies of Public Security Departments of provinces and centrally run cities where people of Vietnamese origin with unknown origin are residing.

b/ When necessary, the identity management agencies specified at Point a of this Clause shall carry out procedures for the issuance of identity certificates at communes, wards, townships, workplaces or places of domicile of people of Vietnamese origin with unknown citizenship.

5. Validity of identity certificates is prescribed as follows:

a/ An identity certificate is valid for proving identity for conducting transactions and exercising lawful rights and interests in Vietnam’s territory;

b/ Agencies, organizations or individuals may use personal identification numbers in identity certificates to check information on persons to whom identity certificates are issued in the National Population Database, other national databases and specialized databases in accordance with law.

In case people of Vietnamese origin with unknown citizenship are requested by competent agencies, organizations and individuals to produce their identity certificates, the latter may not request such people to produce papers or provide information already certified in identity certificates, unless the information on such people has changed or information in identity certificates is inconsistent with information in the National Population Database.

c/ The State shall protect legitimate rights and interests of persons having been issued identity certificates in accordance with law.

6. The Government shall detail Clause 2 of this Article; prescribe the competence, order and procedures for issuance, renewal, re-issuance, revocation, seizure, return and use duration of identity certificates. The Minister of Public Security shall prescribe the form of identity certificate.

 

Chapter IV

ISSUANCE AND MANAGEMENT OF ELECTRONIC IDENTITY CARDS

Article 31. Electronic identity cards

1. Each Vietnamese citizen shall be issued a citizen identity card.

2. An electronic identity card must contain the card holder’s electronic identity and the following information:

a/ The information prescribed in Clauses 6 thru 18 and Clause 25, Article 9; and Clauses 2 and 4, Article 15 of this Law;

b/ The information prescribed in Clause 2, Article 22 of this Law which shall be integrated into the electronic identity card at the request of citizens and authenticated through national databases and specialized databases.

3. Electronic identity cards shall be used for carrying out administrative procedures, using public services, conducting transactions and implementing other activities as needed.

4. The head of the identity management agency of the Ministry of Public Security has the competence to issue electronic identity cards.

5. The Government shall prescribe the order and procedures for issuance of electronic identity cards.

Article 32. Connection, sharing, exploitation and use of information in the electronic identification and authentication system

1. Information systems of state agencies, political organizations, socio-political organizations and public service providers shall be connected with the electronic identification and authentication system serving the exploitation of information of electronic identity subjects for settling administrative procedures and performing public services in the electronic environment and other state management activities according to assigned functions and tasks through the electronic identification and authentication platform.

2. State agencies, political organizations, socio-political organizations and public service providers shall exploit information in the electronic identification and authentication system through the national identification application, electronic identification websites, and identity cards using equipment and software that meet technical requirements under regulations of the Minister of Public Security.

3. Electronic identity subjects shall exploit and share their electronic identity information and other information that has been integrated into their electronic identity accounts on the electronic identification and authentication system with other organizations and individuals through the national identification application or in other forms in accordance with law.

Article 33. Validity of electronic identity cards

1. An electronic identity card shall be valid for proving the card holder’s identity information and other information integrated into the card when carrying out administrative procedures, using public services, conducting transactions and implementing other activities as needed.

2. In the course of settling administrative procedures, providing public services, conducting transactions and implementing other activities, if detecting differences between the information on an identity card or information encrypted and stored in the storage medium on the identity card and the information on the electronic identity card of such card holder, agencies, organizations and individuals shall use the information in the electronic identity card.

Article 34. Locking and unlocking of electronic identity cards

1. An electronic identity card shall be locked in the following cases:

a/ The card holders so requests;

b/ The card holder breaches the agreement on use of the national identification application;

c/ The card holder has his/her identity card revoked or seized;

d/ The card holder dies;

dd/ A proceeding-conducting agency or another competent agency so requests.

2. An electronic identity card shall be unlocked in the following cases:

a/ The card holder specified at Point a, Clause 1 of this Article so requests;

b/ The card holder specified at Point b, Clause 1 of this Article has remedied the violation of the agreement on use of the national identification application;

c/ The card holder specified at Point c, Clause 1 of this Article has his/her identity card returned;

d/ The proceeding-conducting agency or another competent agency specified at Point dd, Clause 1 of this Article so requests.

3. If locking electronic identity cards in the cases specified at Points a, b, c and dd, Clause 1 of this Article, the identity management agencies shall notify thereof to the card holders.

4. The head of the identity management agency of the Ministry of Public Security has the competence to lock and unlock electronic identity cards.

5. The Government shall prescribe the order and procedures for locking and unlocking of electronic identity cards.

 

Chapter V

ASSURANCE OF CONDITIONS FOR IDENTITY MANAGEMENT ACTIVITIES AND OPERATION OF THE NATIONAL POPULATION DATABASE, IDENTITY DATABASE AND ELECTRONIC IDENTIFICATION AND AUTHENTICATION SYSTEM

Article 35. Assurance of information infrastructure of the National Population Database, Identity Database and electronic identification and authentication system

1. Information infrastructure of the National Population Database and Identity Database shall be developed, ensuring quality, synchronicity, completeness, accuracy, and promptness; 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, Identity Database and electronic identification and authentication system to meet the requirements for national defense and security assurance and socio-economic development.

Article 36. People in charge of identity management

1. People in charge of identity management include managers; person assigned to collect, update, adjust and store information and documents in the National Population Database and Identity Database; people performing procedures for issuance, renewal and re-issuance identity cards and identity certificates, and issuance, locking and unlocking of electronic identity cards; and people conducting electronic identification of Vietnamese citizens and electronic authentication of electronic identities of Vietnamese citizens.

2. People in charge of identity management shall be provided with professional training as suitable to their assigned tasks and vested powers.

3. People in charge of identity management shall ensure security and safety for, and completeness and accuracy of, information in identity management.

Article 37. Assurance of funds and physical foundations for management of identity, the National Population Database, Identity Database and electronic identification and authentication system

1. The State shall ensure funds and physical foundations for the management of identity, the National Population Database and Identity Database; and for the building, management and operation of the electronic identification and authentication system.

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 Identity Database; encourage the use of integrated software, equipment and solutions that are scientific and technological tasks’ products researched, designed, and manufactured by Vietnamese organizations, enterprises and citizens in the building, management and operation of the National Population Database, Identity Database and electronic identification and authentication system.

Article 38. Charges for exploitation and use of information in the National Population Database and fees for issuance, renewal and re-issuance of identity cards and identity certificates

1. When exploiting or using information in the National Population Database, the organizations and individuals specified in Clause 8, Article 10 of this Law shall pay charges in accordance with the law on charges and fees.

2. Citizens are not required to pay fees for first-time issuance of identity cards.

3. Citizens shall pay fees for renewal or re-issuance of identity cards, except the following cases:

a/ Renewal of identity cards under Points a and dd, Clause 1, Article 24 of this Law;

b/ There is incorrect information in identity cards by fault of identity management agencies.

4. People of Vietnamese origin with unknown citizenship are not required to pay fees for issuance, renewal or re-issuance of identity certificates.

Article 39. Protection of the National Population Database and Identity Database

1. Identity management agencies shall:

a/ Apply information technology to input, process and dump population and identity information, ensuring data safety in adherence to principles and formats of database administration systems;

b/ Ensure the safety of equipment for collection, storage, transmission, processing and exchange of population and identity information;

c/ Protect personal data and the security of population and identity information in computer networks; ensure the safety of information stored in databases; and prevent and control acts of illegally accessing, using or damaging the National Population Database and Identity Database.

2. The National Population Database and Identity Database shall be stored in storage devices with the application of measures to prevent illegal access through a security system of the database administration systems and network operating systems.

Chapter V

STATE MANAGEMENT OF IDENTITY, THE NATIONAL POPULATION DATABASE, IDENTITY DATABASE, AND ELECTRONIC IDENTIFICATION AND AUTHENTICATION

Article 40.  Responsibilities for state management of identity, the National Population Database, the Identity Database, and electronic identification and authentication

1. The Government shall perform the unified state management of identity, the National Population Database, the Identity Database, and electronic identification and authentication.

2. The Ministry of Public Security shall act as the focal point assisting the Government in performing the state management of identity, the National Population Database, the Identity Database, and electronic identification and authentication.

Article 41. Responsibilities of the Ministry of Public Security

1. To promulgate according to its competence, or submit to competent agencies for promulgation, legal documents on identity, the National Population Database, the Identity Database, and electronic identification and authentication.

2. To organize the dissemination and education of the law, and organize the implementation of legal documents, on identity, the National Population Database, the Identity Database, and electronic identification and authentication.

3. To propose competent authorities to annul or suspend the implementation of, or annul according to its competence, legal documents on identity, the National Population Database, the Identity Database, and electronic identification and authentication issued by agencies, organizations and individuals in contravention of this Law.

4. To formulate and submit to the Government regulations on establishment, cancellation and re-establishment of personal identification numbers; issuance and management of electronic identity accounts and electronic authentication; back-up and recovery of national data on population and identity.

5. To issue forms for use in the management of identity, the National Population Database, the Identity Database, and electronic identification and authentication; regulations on management of identity archives; and regulations on agreement on use of the national identification application.

6. To organize the production, issuance and management of identity cards and identity certificates and apply security techniques in fighting counterfeit identity cards and identity certificates; to ensure physical foundations, equipment and technology for production of identity cards and identity certificates.

7. To build, manage, protect and operate the electronic identification and authentication system; to apply electronic identity accounts in state management, administrative reform, and prevention and control of disasters and epidemics.

8. To organize the building, management and operation of the electronic identification and authentication platform; to assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, connecting national databases and specialized databases for the integration of information and issuance of electronic identity accounts.

9. To connect and integrate the electronic identification and authentication system into the electronic identification and authentication platform of public service portals to serve the settlement of administrative procedures and provision of online public services in accordance with law.

10. To manage the National Population Database, Identity Database and electronic identification and authentication system; to provide professional direction and guidance on management of identity, the National Population Database, Identity Database and electronic identification and authentication system.

11. To equip means and provide training to people in charge of identity management.

12. To make statistics of identity, the National Population Database, Identity Database and electronic identification and authentication.

13. To examine, inspect, settle complains and denunciations, and handle violations related to management of identity, the National Population Database, Identity Database and electronic identification and authentication in accordance with law.

14. To implement international cooperation on identity, the National Population Database, Identity Database and electronic identification and authentication.

Article 42. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. Within the ambit of their tasks and powers, ministries, ministerial-level agencies and government-attached agencies shall:

a/ Coordinate with the Ministry of Public Security and provincial-level People’s Committees in performing the state management, and formulating mechanisms and policies on development and application, of identity, the National Population Database, Identity Database and electronic identification and authentication.

b/ Coordinate with the Ministry of Public Security in exploiting the National Population Database and integrating information into identity cards and electronic identity cards.

2. The Ministry of Justice shall organize the provision and sharing of civil status information with the National Population Database.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, submitting to competent authorities the allocation of recurrent expenditures for operation of the National Population Database, Identity Database and electronic identification and authentication system; and funds for production, issuance, renewal and re-issuance identity cards and identity certificates in accordance with the law on the state budget and other relevant laws.

4. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of Finance in, summarizing and submitting to competent authorities the allocation of public investment funds for construction of physical foundations of the National Population Database, Identity Database and electronic identification and authentication system and funds for production, issuance, renewal and re-issuance of identity cards and identity certificates in accordance with the law on public investment and other relevant laws.

Article 43.  Responsibilities of provincial-level People’s Committees

1. To implement, or organize the implementation of, legal documents on identity, the National Population Database, Identity Database and electronic identification and authentication in their localities.

2. To organize dissemination and education of the law on identity, the National Population Database, Identity Database and electronic identification and authentication in their localities.

3. Within the ambit of their tasks and powers, to examine and handle violations of the law on identity, the National Population Database, Identity Database and electronic identification and authentication in accordance with law.

 

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44. To amend and supplement Law No. 61/2020/QH14 on Investment, which had a number of articles amended and supplemented under Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15 and Law No. 20/2023/QH15

To replace the phrase “provision of electronic identification and authentication services” in Item 131 in Appendix IV - List of sectors and trades subject to conditional business investment to Law No. 61/2020/QH14 on Investment, which had a number of articles amended and supplemented under Law No. 72/2020/QH14, Law No. 03/2022/QH15, Law No. 05/2022/QH15, Law No. 08/2022/QH15, Law No. 09/2022/QH15 and Law No. 20/2023/QH15, with the phrase “provision of electronic authentication services”.

Article 45. Effect

1. The Law takes effect on July 1, 2024, except the provisions of Clause 2 of this Article.

2. Clause 3, Article 46 of this Law takes effect on January 15, 2024.

3. Law No. 59/2014/QH13 on Citizen Identification, which had a number of articles amended and supplemented under Law No. 68/2020/QH14, ceases to be effective on the effective date of this Law.

Article 46. Transitional provisions

1. Citizen’s identity cards issued before the effective date of this Law remain valid till their expiry dates, except the case specified in Clause 3 of this Article. Citizen’s identity cards shall be renewed into identity cards on demand.

2. People’s identity cards with an expiry date after December 31, 2024, are valid for use by the end of December 31, 2024. Legally valid papers that were issued using information from people’s identity cards and citizen’s identity cards remain valid; state agencies may not request citizens to change or modify information on people’s identity cards and citizen’s identity cards in issued papers.

3. Citizen’s identity cards and people’s identity cards that expire at a time between January 15, 2024, and the date before June 30, 2024, are valid for use until June 30, 2024.

4. Provisions on the use of citizen’s identity cards and people’s identity cards in legal documents issued before the effective date of this Law shall be applied to identity cards specified in this Law until these legal documents are amended, supplemented or replaced.

This Law was passed on November 27, 2023, by the 15th National Assembly of the Socialist Republic of Vietnam at its 6th session.-

Chairman of the National Assembly
VUONG DINH HUE


[1] Công Báo Nos 35-36 (08/01/2024)

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