The draft Law on Citizen Identification (amended) was discussed by the National Assembly in the hall and in group discussions at the 5th session. As planned, the 4th Conference of full-time National Assembly deputies taking place from August 28-30, 2023 will comment and discuss 9 draft laws to be submitted to the National Assembly at the upcoming 6th session, including the draft Law on Citizen Identification (amended).
One of the issues that received much attention from National Assembly deputies was the name of the draft Law. Many opinions agreed with the Government's proposal to change the name of the law to the Law on Identification, while some deputies suggested keeping the current name. To have a multi-dimensional view, Nguoi Dua Tin (NDT) had an interview with Lawyer Nguyen Van Hue - Head of the Department of Research, Development and Dissemination of Law, Vietnam Lawyers Association.
Investor: Sir, the Citizen Identification Law (amended) project is receiving great attention. Could you please assess the necessity of amending this law?
Lawyer Nguyen Van Hue: According to the Government's submission, I think that the development of the Law on Identification is necessary to remove difficulties and obstacles in implementing the 2014 Law on Citizen Identification and meet current requirements and tasks, create a legal basis for implementation, and create a breakthrough in digital transformation in our country.
The development of the Law on Identification aims to serve the settlement of administrative procedures and provision of online public services; socio-economic development; building digital citizens; perfecting the ecosystem serving connection, exploitation, supplementation and enrichment of population data; serving the direction and administration of leaders at all levels.
Lawyer Nguyen Van Hue - Head of the Department of Research, Development and Dissemination of Law, Vietnam Lawyers Association (Photo: Huu Thang).
Investor: There are still many different opinions about the name of the draft Law. What is your opinion about the scope of the draft Law's name? Why?
Lawyer Nguyen Van Hue: Through following the discussion sessions at the 5th session, I learned that many National Assembly deputies have different opinions about the name.
I agree with the option of keeping the name of the draft Law submitted by the Government as "Law on Identification". This ensures that the revised and supplemented policies in this draft Law (supplementing and adjusting for people of Vietnamese origin, electronic identification) are fully reflected, in accordance with the scope of regulation, applicable subjects and content of the draft Law.
At the same time, the true meaning of identity management is to identify and clearly define the identity of each specific person, distinguish this individual from another individual, and meet the requirements of identity management in our country at the present stage, which is to manage the entire society and all people living in Vietnam; ensuring human rights and civil rights according to the provisions of the Law.
The omission of the phrase “citizen” from the name of the Law does not affect the national sovereignty factor, nationality issues, or legal status of citizens.
The content of the Law on Identification also stipulates a distinction between the issuance of identification cards to Vietnamese citizens and the issuance of identification certificates to those who do not have full rights as Vietnamese citizens.
Compared to the 2014 Citizen Identification Law, this draft law adds a group of subjects of Vietnamese origin. Therefore, changing the name of the law will include this group of subjects within the scope of the law.
With the expansion of the scope of regulation, granting identity certificates to about 31 thousand people of Vietnamese origin currently living in Vietnam but do not have Vietnamese nationality, and the reasons stated by the Government, changing the name to "Identification Law" is appropriate, ensuring comprehensiveness.
Investor: In addition to the name of the draft Law, the name of the card, “Identification Card” or “Citizen Identification Card”, has also received many different opinions. What is your opinion?
Rename "Identification Law" or keep "Citizen Identification Law"?
Lawyer Nguyen Van Hue: In my opinion, changing the name of "citizen identification card" to "identity card" according to the Government's proposal is to reflect the true nature of the card as a type of document containing information about the identity of the citizen; helping to distinguish one person from another; determining identity in transactions...
Therefore, the regulation that the name is ID card does not affect the legal status of the citizen's nationality (the card clearly shows information about the nationality of the card holder, which is Vietnamese nationality).
Changing the name of the card to ID card is also to ensure consistency with international practice (many countries in the world are currently using ID cards).
Changing the card name also ensures universality, creating a premise for international integration, for the recognition and recognition of identity documents between countries in the region and the world; limiting the need to amend and supplement the Law when Vietnam signs agreements with other countries to use identity cards instead of passports in travel between countries (for example, travel within the ASEAN bloc)...
To create a premise for international integration, ensure convenience in use, and name the identity document, I agree with the name of the card being "Identification Card".
Investor: In addition, the contents shown on the ID card, the person who is issued the ID card, etc. were commented by the delegates. In your opinion, how do these contents regulated in the Law facilitate people in the process of using the ID card?
Lawyer Nguyen Van Hue: I completely agree with the Government's proposal on the content shown on the ID card. Accordingly, the draft Law amends and supplements in the direction of removing fingerprints; amending regulations on information on ID card number, hometown, permanent residence, signature of the card issuer to personal identification number, place of birth registration, place of residence... The above changes and improvements are to create more convenience for people in the process of using ID cards, limit the need to issue new ID cards and ensure people's privacy; basic ID information of people will be stored, exploited, and used through electronic chips on ID cards.
For those who are granted ID cards, the draft Law supplements regulations on management and issuance of ID cards to people under 14 years old and issuance of ID certificates to people of Vietnamese origin to ensure their legitimate rights and interests and serve state management; promote the value and utility of ID cards in the activities of digital government and digital society.
However, card issuance for people under 14 years old will be done according to demand, while for people 14 years old and above it is mandatory.
Investor: At the upcoming 4th Conference of full-time National Assembly deputies, they will also give their opinions on the draft Law on Citizen Identification (amended). What are your expectations for amending the Law this time?
Lawyer Nguyen Van Hue : As analyzed above, I expect that this amendment to the Law will remove difficulties and obstacles in implementing the 2014 Law on Citizen Identification. At the same time, it will meet the current requirements and tasks, create a legal basis for implementation, and create a breakthrough in digital transformation.
Investor: Thank you very much!
Ensuring comprehensiveness
Previously, presenting the draft Law on Identification, Minister of Public Security To Lam said that in the process of proposing to develop the Law on Citizen Identification (amended), the Government unanimously approved 4 policies in the proposal to develop the Law; including the policy on granting identity certificates to people of Vietnamese origin living in Vietnam but whose nationality has not been determined and electronic identification (electronic identification accounts of Vietnamese citizens).
Therefore, to fully and closely specify the above policies in the draft Law, ensuring comprehensiveness and conformity with the scope of regulation and subjects of application of the Law, the Government has revised the name of the draft Law from "Law on Citizen Identification (amended)" to "Law on Identification".
Regarding the structure, the draft Law on Identification consists of 7 chapters and 46 articles (in which, compared to the 2014 Law on Citizen Identification, the draft Law has amended 39/39 articles and added 7 new articles ).
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