Currently, there are a lot of Vietnamese people living abroad and vice versa, a lot of foreigners coming to Vietnam to reside. It is natural in any country that local citizens always have more full rights and obligations than foreigners. In the government’s work of managing residents, citizen identity plays an important role. Besides, having a citizen identity card will make many administrative procedures more convenient for people. Therefore, foreigners with desire to reside in Vietnam for a long term have the necessity to apply for an ID. In this article, LSX legal firm provides: “Service of applying for citizen identification in Vietnam”
- Law on Citizen Identification 2014
- Law on Vietnamese Nationality 2008
Citizen Identification in Vietnam
Clause 1, Article 3 of the Law on Citizen Identification defines citizen identification as:
Citizen identification means basic information about the origin and identity of a citizen in accordance with this Law.
Information presented in a citizen’s identity card:
- On the front side of a card: the national emblem of the Socialist Republic of Vietnam; the words “Cong hoa xa hoi chu nghia Viet Nam, Doc lap – Tu do – Hanh phuc” (The Socialist Republic of Vietnam, Independence – Freedom – Happiness); the words “Can cuoc cong dan” (Citizen identification); photo, citizen’s identity card number, family name, middle name, and first name, birth date, gender, nationality, native place, place of permanent residence; and expiry date.
- On the back side of a card: an encoded place for information storage; fingerprints, characteristics for identification of the cardholder; date of card issuance; family name, middle name, first name, title, and signature of the card issuer, and a seal bearing the national emblem of the card-issuing agency.
Article 20. Use validity of citizen’s identity cards (Law on Citizen Identification 2014)
- Citizen’s identity card is a personal paper of a Vietnamese citizen that proves the citizen identification of the card holder for conducting transactions in the Vietnamese territory.
- Citizen’s identity cards shall be used instead of passports in case Vietnam and a foreign country have signed a treaty or international agreement permitting citizens of the signatories to use citizen’s identity cards instead of passports in each other’s territory
- Competent agencies, organizations, and individuals may request a citizen to produce his/her citizen’s identity cards for checking identification and information specified in Article 18 of this Law; use personal identification numbers in citizen’s identity cards for checking information about the cardholders in the national population database and specialized databases in accordance with the law.
When a citizen produces his/her citizen’s identity card at the request of a competent agency, organization, or individual, this agency, organization, or individual may not request the citizen to produce another paper to prove the information specified in Clauses 1 and 3 of this Article.
- The State shall protect the legitimate rights and interests of holders of citizens’ identity cards in accordance with the law.
Persons entitled for grant of Citizen Identification Card
Under Vietnamese law, persons eligible for grant of citizen’s identity cards and citizen’s identity card numbers are Vietnamese citizens aged full 14 years or older are eligible for grant of citizens’ identity cards.
Accordingly, Vietnamese citizens, i.e. people with Vietnamese nationality from the age of 14 entitled for a grant of citizen identification card.
In other words, foreigners who want to apply for a citizen identification card must have citizenship in Vietnam.
Grounds for identification of persons having Vietnamese nationality
According to the Law on Vietnamese Nationality 2008, a person is determined to have Vietnamese nationality on one of the following grounds:
- By birth, as prescribed in Articles 15, 16, and 17 of this Law;
- Having been naturalized in Vietnam;
- Having Vietnamese nationality restored;
- On the grounds defined in Articles 18, 35, and 37 of this Law;
- On the grounds defined in treaties to which the Socialist Republic of Vietnam participates as a contracting party.
- By birth.
- Naturalized in Vietnam.
- Having Vietnamese nationality restored.
For foreigners, in usual cases, they have to apply for naturalization of Vietnam to earn Vietnamese citizenship or due to legal events such as enter into marriage with a Vietnamese.
Conditions for naturalization in Vietnam as prescribed in Article 19 of the Law on Vietnamese Nationality 2008
- Foreign nationals and stateless persons permanently residing in Vietnam who file applications for Vietnamese nationality may be permitted for naturalization in Vietnam if they satisfy the following conditions:
a/ Having the full civil act capacity as prescribed by Vietnam’s laws;
b/ Obeying the Constitution and laws of Vietnam; respecting the traditions, customs, and practices of the Vietnamese nation;
c/ Understanding Vietnamese sufficiently enough to integrate themselves into the Vietnamese community;
d/ Having resided in Vietnam for 5 years or more by the time of application for naturalization;
e/ Being capable of making their livelihood in Vietnam.
- Those who apply for Vietnamese nationality may be permitted for naturalization in Vietnam without having to fully meet the conditions prescribed at Points c, d, and e, Clause 1 of this Article if they fall into one of the following cases:
a/ Being spouses, natural parents, or natural offsprings of Vietnamese citizens;
b/ Having made meritorious contributions to Vietnam’s national construction and defense;
c/ Being helpful to the State of the Socialist Republic of Vietnam.
- Persons naturalized in Vietnam shall renounce their foreign nationality, except for those defined in Clause 2 of this Article in special cases, if so permitted by the President.
- Persons applying for Vietnamese nationality must have Vietnamese names. These names may be selected by the applicants and written in the decisions on naturalization in Vietnam.
- Persons applying for Vietnamese nationality may not be permitted for naturalization if such naturalization is detrimental to Vietnam’s national interests.
- The Government shall specify conditions for naturalization in Vietnam.
Order and procedures for grant of citizen’s identity cards
The procedure of applying for a citizen’s identity card according to the Law on Citizen Identification 2014:
- Firstly, an applicant for a citizen’s identity card fills in a declaration made according to a set form.
- Secondly, a person assigned to collect and update information and documents specified in Clause 2, Article 13 of this Law checks and compares them with information in the national population database in order to accurately identify the to-be-holder of a citizen’s identity card; a citizen who has no information in the national population database shall produce lawful papers proving information to written in the declaration according to a set form.
- Thirdly, an officer of the citizen identification management agency shall take photos and fingerprints of the applicant.
- Fourthly, an officer of the citizen identification management agency shall issue a receipt stating the date of handover of the citizen’s identity card to the applicant.
- Lastly, citizen’s identity cards handed to citizens within the time limit and at the place stated in the receipt under Article 26 of this Law. In case a citizen wishes to receive his/ her card at another place, the citizen identification management agency shall hand the card to him/her at the place requested by the citizen who shall pay mail charges.
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Frequently asked questions
According to Clause 2, Article 19 of the Law on Citizen Identification 2014, the citizen’s identity card number is the personal identification number so they are the same.
Under Vietnamese law, when a citizen reaches full 25 years, full 40 years, and full 60 years, that person must renew his or her citizen’s identity card.
A citizen’s identity card shall be renewed in the following cases:
– When a citizen reaches full 25 years, full 40 years, and full 60 years.
– The card is damaged and unusable.
– Change of family name, middle name, first name, and characteristics for identification of the card holder.
– Gender re-assignment or native place re-determination.
– Having incorrect information on the citizen’s identity card.
– Upon request of the card holder.