Cases of ID card revocation and retention

Reply

An ID card is a personal identification document containing identity and other information integrated into the identity card of a Vietnamese citizen, issued by an identification management agency in accordance with the provisions of the Law on Identification, passed by the 15th National Assembly, 6th Session on November 27, 2023, effective from July 1, 2024.

Article 29 of the 2023 Law on Identification stipulates the revocation and retention of identification cards as follows:

1. The ID card will be revoked in the following cases:

a) Citizens whose Vietnamese nationality is revoked, whose Vietnamese nationality is relinquished, or whose decision to grant Vietnamese nationality is revoked;

b) Identity card issued in violation of regulations;

c) Identification card has been erased or corrected.

2. The ID card is withheld in the following cases:

a) Persons who are serving judicial educational measures at reform schools; persons who are serving decisions on applying administrative measures to be sent to reform schools, compulsory education facilities, or compulsory drug rehabilitation facilities;

b) People who are being detained, imprisoned, or serving a prison sentence.

3. During the period of holding the identity card, the identity card holding agency shall consider allowing the person whose identity card is held as prescribed in Clause 2 of this Article to use his/her identity card to conduct transactions and exercise his/her legitimate rights and interests.

4. A person whose identity card is withheld as prescribed in Clause 2 of this Article shall have his/her identity card returned upon the expiration of the period of temporary detention or temporary imprisonment or upon a decision to cancel the temporary detention or temporary imprisonment; upon completion of the prison sentence, completion of the judicial educational measure at a reformatory school; completion of the decision to apply administrative handling measures to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.

5. The authority to revoke and retain identity cards is stipulated as follows:

a) The identification management agency shall revoke the identification card in the case specified in Clause 1 of this Article;

b) The agency that receives and returns results when carrying out procedures to revoke Vietnamese nationality, relinquish Vietnamese nationality or cancel the decision to grant Vietnamese nationality is responsible for withdrawing and canceling the citizen's identity card and notifying the identity management agency;

c) The agency executing the decision on temporary detention or temporary imprisonment; the agency executing the prison sentence; the agency executing the judicial measure of education at a reformatory school; the agency executing the decision to apply the administrative measure of sending to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility shall retain the identity card in the case specified in Clause 2 of this Article.