Nghị định 59/2016/NĐ-CP Quy định về Chứng minh quân nhân chuyên nghiệp, công nhân và viên chức quốc phòng

DECREE

ON IDENTIFICATION CARDS OF PROFESSIONAL SERVICEMEN, NATIONAL DEFENSE WORKERS AND OFFICIALS

Pursuant to Law on the Government organization dated June 19 2015;

Pursuant to Law on professional servicemen, national defense workers and officials dated November 26 2015;

At the proposal of Ministry of National Defense;

The Government promulgates a Decree on identification cards of professional servicemen, national defense workers and officials.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope

This Decree stipulates the identification cards (referred to as “ID cards”) of professional servicemen, national defense workers or officials in the standing force of the People’s Army; the procedures, competence in granting, revocation, temporary seizure of ID cards and responsibilities of relevant authorities, organizations and individuals .

Article 2. Regulated entities

This Decree applies to professional servicemen, national defense workers or officials in the standing force of the People’s Army and relevant authorities, organizations and individuals.

Article 3. Purposes of use of ID cards of professional servicemen, national defense workers and officials

1. To prove that the holder of ID card is a professional serviceman, national defense worker or official in the standing force of the People’s Army.

2. To serve the management of professional servicemen, national defense workers and officials and conduct civil transactions.

Article 4. Principles of granting ID cards of professional servicemen, national defense workers and officials

Each professional serviceman, national defense worker and official shall be granted an ID card with unique ID number assigned from the database of the Ministry of National Defense.

Article 5. Validity period of ID cards of professional servicemen, national defense workers and officials

The validity period of ID cards of professional servicemen, national defense workers and officials is twelve years. In case the duration of active service of a professional serviceman, national defense worker or official is less than twelve years, the remaining duration thereof shall be the validity period of that person's ID card.

Article 6. Prohibited acts

1. Forging, falsifying the information, contents of ID cards of professional servicemen, national defense workers and officials.

2. Destroying, appropriating, illegally using ID cards of professional servicemen, national defense workers and officials

3. Initially issuing, replacing, reissuing, revoking, and temporarily seizing ID cards of professional servicemen, national defense workers and officials in violation of regulations of this Decree.

Chapter II.

SPECIFIC PROVISIONS

Article 7. Contents stated in ID cards of professional servicemen, national defense workers and officials

1. The size of ID cards of professional servicemen, national defense workers and officials is 85,60 mm x 53,98 mm, both sides have decorated borders, patterned background and the front side shall contain the following information:.

a) The pink ID cards of professional servicemen:

The front side of the ID card shall have the imprinted national emblem of 21 mm in diameter, the official name of the country “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM” (“SOCIALIST REPUBLIC OF VIETNAM”) in the top center of the ID card; the military badge of 10 mm in diameter on the left, the photo of the holder and the validity period are below the military badge, the title “CHỨNG MINH QUÂN NHÂN CHUYÊN NGHIỆP” ("PROFESSIONAL SERVICEMEN IDENTIFICATION CARD”) printed in red color and on the right of the military BADGE; and the following details from the top to bottom: the ID card number, last name, middle name, first name; date of birth, issuer, date of issuance, signature and seal of the issuer printed under the title.

b) The blue ID cards of national defense workers:

The front side of the ID card shall have the imprinted national emblem of 21 mm in diameter, the official name of the country “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM” (“SOCIALIST REPUBLIC OF VIETNAM”) in the top center of the ID card; the military badge of 10 mm in diameter on the left, the photo of the holder and the validity period are below the military badge, the title “CHỨNG MINH CÔNG NHÂN QUỐC PHÒNG” ("NATIONAL DEFENSE WORKER IDENTIFICATION CARD”) printed in red color and on the right of the military badge; and the following details from the top to bottom: the ID card number, last name, middle name, first name; date of birth, issuer, date of issuance, signature and seal of the issuer printed under the title.

c) The yellow ID cards of national defense officials:

The front side of the ID card shall have the imprinted national emblem of 21 mm in diameter, the official name of the country “CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM” (“SOCIALIST REPUBLIC OF VIETNAM”)in the top center of the ID card; the military badge of 10 mm in diameter on the left, the photo of the holder and the validity period are below the military badge, the title “CHỨNG MINH VIÊN CHỨC QUỐC PHÒNG” ("NATIONAL DEFENSE OFFICIALS IDENTIFICATION CARD”) printed in red color and on the right of the military badge; and the following details from the top to bottom: the ID card number, last name, middle name, first name; date of birth, issuer, date of issuance, signature and seal of the issuer printed under the title.

2. The back side of ID cards of professional servicemen, national defense workers and officials shall have the following words: Native place, Permanent residence, Identification features, Blood type.

Article 8. Initial issuance, replacement, re-issuance of ID cards of professional servicemen, national defense workers and officials

1. Initial issuance of ID cards applies to those who are hired as professional servicemen, national defense workers and officials.

2. Replacement of ID cards applies to the following cases:

a) Expired ID cards as prescribed in Article 5 of this Decision or damaged ID cards;

b) Change in the holder's position;

c) Changes in last name, middle name, first name; date of birth, permanent residence or identification features due to injuries, cosmetological or orthopedic surgeries.

3.  Re-issuance of ID cards applies to those who lost their ID cards.

Article 9. Procedures of initial issuance, replacement, re-issuance of ID cards of professional servicemen, national defense workers and officials

1. The procedures of initial issuance are as follows:

a) The applicant shall fill in the declaration;

b) The personnel management departments of regiments and the equivalent shall take photos and fingerprints of each applicant and collate with the data of professional servicemen, national defense workers and officials to carry out the procedures of issuing ID cards to professional servicemen, national defense workers and officials who are under the management of the regiments. Such departments shall report on the issuance to the superior authorities within 10 days from the day of completing the procedures.

c) The personnel management departments of divisions and the equivalent shall carry out the procedures of ID card issuance to professional servicemen, national defense workers and officials who are under the management of the divisions  in accordance with regulations prescribed in point b clause 1 of this Decree; inspect the issuance thereof of the affiliated units. Such departments shall report to the direct superior authorities within 10 days from the day of completing the procedures.

c) The personnel management departments of units affiliated to the Ministry of National Defense shall inspect and complete the procedures, and request the Heads of the units to approve ID cards of professional servicemen, national defense workers and officials who are under the management of the units within 15 days from the day of completing the procedures.

2. The procedures of replacement, re-issuance are as follows:

a) As for the case of replacement prescribed in point a, point b clause 2 Article 8 of this Decree, the applicant shall fill in the declaration and submit to the personnel management departments prescribed in point b, point c clause 1 of this Article;

b) As for the case of renewal prescribed in point c clause 2 Article 8 of this Decree, the applicant shall fill in the declaration and submit the declaration and the request for replacement approved by the Head of the direct management unit to the personnel management department prescribed in point b, point c clause 1 of this Article;

c) As for the case of re-issuance prescribed in clause 3 Article 8 of this Decree, the applicant shall fill in the declaration and submit the declaration and the request for re-issuance approved by the Head of the direct management unit to the personnel management department prescribed in point b, point c clause 1 of this Article;

d) Personnel management departments shall carry out the procedures of replacement, re-issuance in accordance with regulations prescribed in points b, c, d clause 1 of this Article.

Article 10. Competence in granting ID cards of professional servicemen, national defense workers and officials

The Ministry of National Defense shall stipulate the competence in granting ID cards of professional servicemen, national defense worker or officials in the standing force of the People’s Army.

Article 11. Revocation of ID cards of professional servicemen, national defense workers and officials

1. The identification card of a professional serviceman, national defense worker or official is revoked in the following cases:

a) The professional serviceman, national defense worker or official retires from the standing force of the People’s Army;

b) The old ID card is revoked after the professional servicemen, national defense worker or officials is granted the new ID one due to the matters prescribed in points a, b, c clause 2 Article 8 of this Article;

c) The professional servicemen, national defense worker or officials is stripped of his/her title or is dismissed from his/her duties.

2. Personnel management departments prescribed in points b, c clause 1 Article 9 of this Decree shall revoke, manage and destroy ID cards of professional servicemen, national defense workers and officials in accordance with regulations of law.

Article 12. Temporary seizure of ID cards of professional servicemen, national defense workers and officials

1. The identification card of a professional serviceman, national defense worker or official is temporarily seized while he/she has been held in custody, detention or has served an imprisonment sentence.

2. When an ID card of a professional servicemen, national defense worker or official is temporarily seized, the authority seizing such ID card shall allow the holder to use his/her ID card to conduct transaction in accordance with regulations of law.

3. The ID card of a professional serviceman, national defense worker or official is returned to its owner after he/she has completely been held in custody, detention or has completed served an imprisonment sentence and he/she is allowed to continue serving the standing force of the People’s Army.

Article 13. Responsibilities of authorities, organizations and individuals

1. The Minister of National Defense shall:

a) Instruct the establishment of the data management system, provide sufficient funding and facilities for the management of ID cards of professional servicemen, national defense workers and officials;

b) Stipulate the specification, blank ID card, form and material of the ID cards of professional servicemen, national defense workers and officials;

c) Inspect and handle violations of management and use of ID cards of professional servicemen, national defense workers and officials.

2. Professional servicemen, national defense workers and officials shall:

a) Manage and use the ID cards for purposes stated in clause 2 Article 3 of this Decision;

b) Present the ID cards at request of competent authorities, organizations and individuals in accordance with regulations of law

c) Submit the ID cards to the management units when traveling abroad.

3. Agencies, organizations and individuals shall monitor, detect and report to military authorities or competent authorities on violations of management, use of ID cards of professional servicemen, national defense workers and officials.

Article 14. Handling violations

1. Professional servicemen, national defense workers and officials who use the ID cards for wrongful purposes, falsify, lend, lose or keep the ID cards when they are no longer in use shall, according to the nature and severity of the violation, incur disciplinary penalties or criminal prosecution in accordance with regulations of law.

2. Those who forge, destroy, keep or use the military ID cards of other people for any purposes shall, according to the nature and severity of the violation, incur disciplinary penalties or criminal prosecution in accordance with regulations of law.

Chapter III

IMPLEMENTATION

Article 15. Entry in force and transitional provisions

1. This Decree takes effect on July 01, 2016. The Decision No. 1973/2000/QD-BQP dated September 18, 2000 by the Minister of National Defense on military ID cards shall be annulled.

2. Military ID cards which were issued before the effective date of this Decree are valid until December 31, 2019.

Article 16. Responsibility for implementation

1. The Minister of National Defense shall provide guidance for the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies affiliated to the Government, Chairmen of provincial People’s Committees shall implement this Decree.

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