Cases where identity cards are revoked or confiscated.
Ms. Nguyen Thi Van, residing in Nam Dan district, asks: In what cases will an identity card be revoked or retained? Which agency has the authority to revoke or retain an identity card?
Reply
The national identity card is a personal identification document containing the identity and other information integrated into the identity card of Vietnamese citizens, issued by the identity card management agency in accordance with the Law on Identity Cards passed by the 15th National Assembly, 6th Session on November 27, 2023, effective from July 1, 2024.
Article 29 of the 2023 Identity Card Law stipulates the following regarding the revocation and retention of identity cards.
1. Identity cards are revoked in the following cases:
a) Citizens who have been deprived of Vietnamese citizenship, have renounced Vietnamese citizenship, or have had their decision to acquire Vietnamese citizenship revoked;
b) Identity cards issued in violation of regulations;
c) Identity cards that have been altered or erased.
2. Identity cards are confiscated in the following cases:
a) Persons currently undergoing judicial educational measures at a reformatory; persons currently serving a decision to apply administrative measures such as placement in a reformatory, compulsory education facility, or compulsory drug rehabilitation facility;
b) Persons who are being held in custody, detained, or serving a prison sentence.
3. During the period of retention of the identity card, the identity card retention agency shall consider allowing the person whose identity card is retained, as stipulated in Clause 2 of this Article, to use their identity card to conduct transactions and exercise their legitimate rights and interests.
4. Persons whose identity cards are confiscated as stipulated in Clause 2 of this Article shall have their identity cards returned upon the expiration of the temporary detention period, or upon a decision to revoke the temporary detention; upon completion of their prison sentence, completion of judicial educational measures at a reformatory school; or completion of a decision to apply administrative measures to send them to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility.
5. The authority to revoke and retain identity cards is regulated as follows:
a) The identity card management agency shall revoke identity cards in the cases stipulated in Clause 1 of this Article;
b) When carrying out procedures for revoking Vietnamese citizenship, granting renunciation of Vietnamese citizenship, or canceling decisions on granting Vietnamese citizenship, the receiving agency is responsible for collecting and destroying the citizen's identity card and notifying the identity card management agency;
c) The agency enforcing decisions on temporary detention or custody; the agency enforcing prison sentences; the agency enforcing judicial measures of education at reform schools; and the agency enforcing decisions applying administrative measures to send individuals to reform schools, compulsory education facilities, or compulsory drug rehabilitation centers shall retain identity cards in the cases stipulated in Clause 2 of this Article.