The 2023 Identity Law has officially stipulated nine groups of prohibited behaviors. All citizens need to be aware of these regulations to use their Identity Cards/CCCD in accordance with the law and avoid administrative fines of up to VND 6,000,000.
Prohibited Behaviors when Using Identity Cards
Article 7 of the 2023 Identity Law clearly outlines the prohibited behaviors, applicable to both Identity Cards and the previous Citizen Identity Cards (CCCD). These include:
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Issuing, re-issuing, or revoking Identity Cards or Citizen Identity Cards contrary to the provisions of the law.
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Holding someone else’s Identity Card or Citizen Identity Card contrary to regulations.
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Causing inconvenience, harassment, or discrimination in handling administrative procedures related to identity and the national database.
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Tampering with identity records, books, or information in the National Database on Population and the Identity Database; providing incomplete, inaccurate, or irregular information or documents.
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Failing to apply for an Identity Card as per the regulations outlined in Clause 2, Article 19 (Compulsory application for an Identity Card for Vietnamese citizens aged 14 and above)
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Producing or using tools, software, or engaging in acts that hinder or disrupt the operation of the information infrastructure of the database and the electronic identification and authentication system.
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Forging, altering, or intentionally distorting the content of Identity Cards, electronic identity cards, or Citizen Identity Cards; appropriating or using another person’s card; engaging in acts of renting, leasing, pawning, accepting pledges, or destroying cards.
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Illegally accessing, altering, deleting, destroying, or disseminating personal data in the National Database on Population, the Identity Database, and the identification and authentication system.
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Illegally exploiting, buying, selling, exchanging, appropriating, or using information or data in the state’s databases.
Penalties for Violations
The specific penalties are stipulated in Article 10 of Decree 144/2021/ND-CP. Although this document predates the 2023 Identity Law, the penalty provisions remain valid and are expected to be retained in future amendments.
1. A warning or a fine of VND 300,000 to VND 500,000 for the following violations:
– Failing to present one’s Identity Card or Citizen Identity Card when requested by an authorized person.
– Non-compliance with regulations on the issuance, re-issuance, or replacement of Identity Cards.
– Failing to return one’s Identity Card/Citizen Identity Card upon loss of citizenship, renunciation of citizenship, or when subjected to temporary detention, imprisonment, or serving a prison sentence.
2. A fine of VND 1,000,000 to VND 2,000,000 for the following violations:
– Appropriating or using another person’s Identity Card/Citizen Identity Card or Confirmation of Identity Card Number.
– Erasing, altering, or distorting the content of the Identity Card/Citizen Identity Card.
– Destroying or intentionally damaging the Identity Card/Citizen Identity Card.
3. A fine of VND 2,000,000 to VND 4,000,000
– Producing fake Identity Cards/Citizen Identity Cards or using fake documents to obtain genuine ones.
– Providing false information or documents to obtain an Identity Card/Citizen Identity Card.
4. A fine of VND 4,000,000 to VND 6,000,000
– Producing fake Identity Cards/Citizen Identity Cards without incurring criminal liability.
– Using fake Identity Cards/Citizen Identity Cards.
– Pledging, mortgaging, accepting pledges, or mortgaging Identity Cards/Citizen Identity Cards.
– Buying, selling, renting, or leasing Identity Cards/Citizen Identity Cards.
– Borrowing or lending Identity Cards/Citizen Identity Cards for illegal purposes.
Additional penalties:
– Confiscation of violating tools and equipment for the following violations: erasing, altering, forging, using forgeries, pledging, mortgaging, buying, selling, renting, or leasing Identity Cards/Citizen Identity Cards.
Remedial measures:
– Forced return of Identity Cards/Citizen Identity Cards in cases of appropriation or lending/borrowing for illegal purposes.
– Forced return of illegal profits obtained from violations such as forgery, buying, selling, renting, lending, or borrowing.
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