Some Key Provisions under the Law on Identity

Some Key Provisions under the Law on Identity

Prohibited Acts

• Issuing, re-issuing, replacing, or revoking identity cards or identity certificates in contravention of the law.

• Retaining identity cards or identity certificates in contravention of the law.

• Harassing, causing undue difficulties, or engaging in discriminatory practices in the settlement of administrative procedures related to identity, the National Population Database, and the Identity Database.

• Falsifying records, documents on identity, or information in the National Population Database and the Identity Database; failing to provide, providing incomplete, inaccurate, or unlawful information or documents relating to identity, or information in the National Population Database and the Identity Database.

• Failure to carry out procedures for the issuance of identity cards as prescribed.

• Manufacturing, putting into use tools, devices, software, or committing other acts that obstruct or disrupt the operation of the information infrastructure of the National Population Database, the Identity Database, or the electronic identification and authentication system.

• Forging, altering, or deliberately falsifying the contents of identity cards, electronic identity cards, or identity certificates; appropriating or unlawfully using the identity card, electronic identity card, or identity certificate of another person; renting, leasing, pledging, accepting pledge, destroying identity cards or identity certificates; using forged identity cards, electronic identity cards, or identity certificates.

• Illegally accessing, altering, deleting, destroying, disseminating, or performing other activities related to the processing of personal data in the National Population Database, the Identity Database, or the electronic identification and authentication system.

• Exploiting, sharing, buying, selling, exchanging, appropriating, or unlawfully using information or data in the National Population Database, the Identity Database, or the electronic identification and authentication system.

Subjects and Methods of Access to Citizens’ Information in the Identity Database

1. Cases permitted to access citizens’ information in the Identity Database:

   • Specialized database management agencies, state authorities, political organizations, socio-political organizations, for management purposes within their assigned functions, duties, and powers;

   • Investigating bodies, authorities, and competent persons conducting legal proceedings, for purposes of investigation, prosecution, and trial;

   • Police units and local police authorities, for crime prevention and control and other professional activities of the People’s Public Security forces;

   • Citizens, who are entitled to access their own information in the Identity Database;

   • Organizations and individuals not specified under points (a), (b), (c), and (d) above, may access personal information in the Identity Database for the purposes of electronic authentication, digital economy, digital society, and digital citizenship development, with the consent of the citizen concerned.

2. Methods of access to citizens’ information in the Identity Database:

   • Agencies and organizations as referred to in points (a), (b), and (c), Clause 1 of this Article, may access information in the Identity Database through connection and information sharing on the electronic identification and authentication platform, the national identification application, or through written requests for information access;

   • Individuals may access their own information in the Identity Database through written requests for information access or via the national identification application;

   • Organizations may access information in the Identity Database through the electronic identification and authentication platform or through written requests for information access;

   • Individuals may also access information in the Identity Database through written requests for information access.

Procedures for Access to Information in the Identity Database

• Access through written request for information provision:

  • Agencies, organizations, or individuals making written requests for access to information in the Identity Database shall send such requests to the identity management authority of the district-level or provincial-level Police where the citizen resides;

  • The written request must clearly state the purpose, contents, and scope of the information requested, and provide a written undertaking to assume responsibility for the use of such information upon access;

  • Within one (01) working day, the district-level or provincial-level Police identity management authority shall transfer the request to the Head of the Ministry of Public Security’s identity management authority;

  • Within one (01) working day, the Head of the Ministry of Public Security’s identity management authority shall review and decide on whether to approve the request for information access;

  • Within one (01) working day from the date of approval by the Head of the Ministry of Public Security’s identity management authority, the district-level or provincial-level Police identity management authority shall provide the requested information to the requesting agency, organization, or individual;

  • In case of refusal to provide information, a written reply stating the reasons must be issued.

• Citizens who have been issued an electronic identity card may log in to the National Identification Application to request access to their own information in the Identity Database.

• Access to information in the Identity Database through the electronic identification and authentication platform shall comply with the provisions of the law on electronic identification and authentication.

• In cases where the lawful representative of a person lacking legal capacity, a person with cognitive or behavioral difficulties, a person under 14 years of age, a missing person, or the heir of a deceased person requests access to information in the Identity Database, such representative or heir must submit a written request together with documents evidencing their lawful representative or heir status, except where such information is already available in the National Population Database, other national databases, or specialized databases.

Age for Renewal of Identity Cards

Vietnamese citizens who have been issued identity cards must apply for renewal upon reaching 14 years, 25 years, 40 years, and 60 years of age.

Legal Basis:

• Articles 7, 16, and 21 of the Law on Identity (2023).

• Articles 17 and 18 of Decree No. 70/2024/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Identity.