Application of Law in Issuance and Management of Identity Cards


Citizens, information in the declaration includes: full name, identification features, portrait, fingerprints...; Only the Citizen Identity Card includes information about full name, date of birth, 10-finger fingerprint classification formula according to the Galton-Henry method... For Citizen Identity Card applications, they are both stored in the Citizen Identity Archive and electronically stored in the Citizen Identity Database and the National Population Database.

The management of citizens' identity cards is currently mainly carried out by means of propaganda and dissemination of laws to raise awareness of carrying and using identity cards, without any specific legal documents. In cases where citizens do not comply with regulations on the management and use of identity cards, they will be subject to administrative sanctions according to the provisions of Article 9 of Decree 167/2013/ND-CP of the Government dated November 12, 2013, stipulating sanctions for administrative violations in the fields of security, order, and social safety; prevention of social evils; fire prevention and fighting; prevention and control of domestic violence. This document stipulates the penalty for violations of regulations on the management and use of identity cards, the lightest being a warning, the heaviest being a fine of up to VND 6,000,000 (six million dong) and the remedial measure is to force the revocation of the identity card. There are no specific legal documents regulating violations of regulations on management and use of Citizen Identification Cards.

Managing the Identity Card and Citizen Identification Card plays a very important role in preventing and fighting crime and ensuring the legitimate interests of citizens. Because if managed well, citizens do not waste time re-issuing their Identity Cards and Citizen Identification Cards, avoiding costly waste of finances, technical means, etc. Avoiding the exploitation of bad elements and criminals who use the Identity Card to conceal their identity, change their names, hide among the people, and commit crimes.


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political instability and social order and safety... Therefore, managing the Identity Card and Citizen Identification Card is a very necessary task, not only requiring police officers and soldiers to complete their assigned tasks well, but also requiring each citizen, after being issued an Identity Card or Citizen Identification Card, to be self-conscious in preserving it to avoid tearing, damage, loss or allowing bad guys to take advantage of it to commit illegal acts.

1.3. Application of law in the issuance and management of Identity Cards

Application of Law in Issuance and Management of Identity Cards

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1.3.1. Concept of applying law in granting and managing Certificates

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Law enforcement is one of the forms of law enforcement, so the consideration of the concept of law enforcement must begin with the consideration of the concept of law enforcement. According to the Textbook of State and Law Theory of Hanoi Law University and the Textbook of General Theory of State and Law of the Faculty of Law of Hanoi National University, " Law enforcement is a process of activities with the purpose of making the provisions of law come into life and become legal practical acts of legal subjects" [44, p.12] . According to the Textbook of General Theory of State and Law of the Institute of State and Law - Ho Chi Minh National Academy of Politics and Public Administration: Law enforcement is both a form of law enforcement taking place in the activities of exercising executive power and exercising judicial power of the State, this is the law enforcement activity of State agencies which is considered as the State's specific guarantee for legal norms to be effectively implemented in social life. In the four forms of law enforcement: compliance, enforcement, use and application of law, law enforcement is the basic, primary and important form.


most important. Most of the provisions of the law can only be implemented in practice through the activities of competent entities. In Vietnamese legal books and newspapers, the concept of law application is mentioned in many works with certain different contents.

According to the Dictionary of Law, law enforcement is understood as "The activity of implementing the law with the nature of organizing state power, carried out by competent state agencies, authorities or social organizations empowered by the State, to individualize legal norms in specific cases, for specific individuals and organizations". [35] Another point of view is that law enforcement is: " The activity of competent state agencies or individuals and social organizations empowered by the State to apply appropriate legal norms to determine the rights and legal obligations of individuals or organizations in specific cases for application" [42] .

However, most researchers consider law enforcement to be only one of the forms of law implementation, therefore " law enforcement is an activity of state power organization, carried out by competent agencies, organizations or individuals according to the provisions of law to individualize current legal norms in specific cases, for specific individuals and organizations" [33].

Issuing and managing identity cards in our country is currently one of the State management activities. Through the issuance and management of identity cards, the State can grasp the situation of population fluctuations and social fluctuations, helping the State have a scientific basis to develop plans for economic, cultural, social, national defense and social order and safety, and is the basis for formulating policies related to population, residence and people. In the context of current administrative reform, the construction of


Regulations on the issuance and management of identity cards always require satisfying many requirements, including requirements that are contradictory in certain aspects, such as the requirement to ensure effective state management and the requirement to serve the people conveniently. To meet the requirements of state management, it is necessary to ensure the accuracy of the issuance and management of identity cards. Procedures and processes in this matter require strict regulations, creating the ability to detect and prevent violations of the law in the field of issuance and management of identity cards. Meanwhile, the requirement to serve the people requires that the procedures for issuing identity cards must be reformed in a simplified direction, creating maximum convenience to meet the people's requirements for issuing identity cards quickly and conveniently. This is also the result of the process of applying the law in the issuance and management of identity cards.

Accordingly, applying the law in the issuance and management of Identity Cards is an activity of state power organization, carried out by competent police agencies to individualize current legal regulations on Identity Cards for specific individuals .

1.3.2. Characteristics and role of law enforcement in the issuance and management of Identity Cards.

1.3.2.1 Characteristics of law enforcement in the issuance and management of Identity Cards

Law enforcement in general is an activity of state power. Law enforcement in the level and management of Identity Cards also has the common characteristics of law enforcement, in addition, due to its specific nature, it has the following characteristics:


- Applying the law in the issuance and management of Identity Cards is an activity of organization, state power and only carried out by competent state agencies, which are the Public Security agencies. Specifically at the district level: the Police Team for administrative management of social order; at the provincial and city levels: the Police Department for administrative management of social order; at the central level: the Police Department for registration and management of residence and national population data under the General Department of Police, Ministry of Public Security. Police officers and soldiers in the above agencies are responsible for resolving issues related to Identity Cards according to the functions and tasks assigned to them in their management areas.

- Applying the law in the issuance and management of Identity Cards is a specific and individual adjustment activity for individuals with needs related to identification documents, which are Identity Cards.

- The activities of applying the law in the issuance and management of Identity Cards by the Public Security agency must be carried out in strict order and procedures. From the stage of receiving documents, checking information, collecting fingerprints, identification features... all must comply with the legal regulations and professional procedures of the Public Security sector.

In particular, the application of the law in the issuance and management of the National Identity Card is a scientific and creative activity carried out by police officers and soldiers. Because it is necessary to comply with the regulations in legal documents and to follow the professional principles set forth by the police sector, moreover, although the law has provisions, in reality, the cases that need to be resolved are extremely diverse and complicated. There are situations and incidents that when drafting laws and guiding documents, lawmakers and drafters cannot fully anticipate, so each police officer and soldier when resolving them must:


Each specific case must be recognized, considered, and evaluated in order to properly apply the law and ensure the rights of citizens.

The legal regulations used to apply in the work of issuing and managing Identity Cards are the regulations regulating the field of state administrative management. These regulations apply to subjects in need of Identity Cards, not to all subjects and all citizens, so this is a specialized law. Police officers and soldiers are empowered to base on the provisions of current laws on Identity Cards to make decisions or legal acts of a specific nature for each citizen to serve or regulate social relations related to that citizen regarding Identity Cards.

The subjects of law enforcement activities in the issuance and management of Identity Cards are competent People's Public Security officers and soldiers and citizens - those who carry out procedures for the issuance and management of Identity Cards. In this relationship, competent People's Public Security officers and soldiers are the representatives of the will and power of the State to enforce the provisions of the law to citizens who have needs related to Identity Cards. Thus, in this relationship, competent People's Public Security officers and soldiers are the subjects applying the law and citizens are the subjects subject to the application of the law. Not all People's Public Security officers and soldiers are considered subjects applying the law in the issuance and management of Identity Cards and not all citizens are subjects subject to the application of the Identity Card law. For example: Traffic police are the subjects that apply the law to individuals related to the law in the field of traffic, not the subjects that apply the law in the field of ID cards, household registration, passports... Or citizens who carry out procedures related to household registration are subject to the application of the law on household registration and the subjects that apply the law are judicial officials.


Thus, when considering whether subjects are in a legal relationship or not, it is necessary to consider their correct position and the nature of the relationship related to each other.

The subject of law enforcement activities is understood as social relations that require individual adjustment and supplementation on the basis of general normative orders. In the field of granting and managing ID cards, the subject of law enforcement is the need of subjects for ID cards as prescribed by law, more specifically, the behavior of subjects related to ID cards as prescribed by law. That can be explained as follows: citizens and officers and soldiers of the People's Public Security are subjects, they all have needs related to ID cards, the subject of law enforcement here is the behavior of these subjects regarding ID cards. For citizens, when doing procedures related to the National Identity Card, it means that they need the National Identity Card to serve their needs or simply their right to be granted the National Identity Card, the need can be for exams, transactions, travel or administrative procedures... As for the officers and soldiers of the People's Public Security, they are the subjects empowered to represent the state in resolving work related to the National Identity Card, they must perform the work in accordance with the content, form, and order prescribed by law, because the State has prescribed the responsibilities and powers of this subject regarding the National Identity Card work.

1.3.2.2 The role of law enforcement in the issuance and management of Identity Cards.

The role of law enforcement activities in the issuance and management of Identity Cards for the State's social management work is effective or not, which is shown through the process and results of administrative procedures and results.


Here it is the Identity Card (Citizen Identification Card). The result of the law enforcement activities in the issuance and management of Identity Cards (Identity Cards, Citizen Identification Cards) is to serve the legitimate rights of citizens, to use them in transactions, travel, etc. In the process of law enforcement, the subjects must follow the correct procedures, complete records and documents as prescribed for each type of procedure. For example, in the process of applying for a new Identity Card, if a citizen has all the documents, records and conditions prescribed by law, it means that the police agency must issue the Identity Card on the due date as prescribed and the information on the Identity Card must be the information of that citizen.

The competent authority issues legal documents containing regulations related to the issuance and management of Identity Cards. However, in order for these regulations to be effectively implemented in practice, it requires seriousness in law enforcement activities. The process of law enforcement requires speed, skill and accuracy because in reality, there are many situations that legal documents do not regulate or have regulations but the regulations are outdated and no longer suitable. Therefore, if the law is not applied flexibly and incorrectly, it will lead to serious consequences. Law enforcement activities that lead to errors not only affect the legitimate rights of citizens and the reputation of public authorities, but it is also a violation of the law and will be handled according to the level of violation.

Under the current Socialist regime in our country, especially in the period when the whole country is on the path of comprehensive and profound innovation, striving to industrialize and modernize the country for the goal of a rich people, a strong country, a fair, democratic and civilized society, citizens' travel and transactions are expanded, which is a legitimate right protected by law. Therefore, the state

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