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Parent names on ID: Violating international convention

VietNamNet Bridge – The Ministry of Justice has finalized a report to the Prime Minister on the issuance of controversial new ID cards.
VietNamNet Bridge – The Ministry of Justice has finalized a report to the Prime Minister on the issuance of controversial new ID cards.

New ID cards with bar code to be applied
New ID cards with parent names issued in Hanoi
Hanoi still grants ID cards with parent names
Ministry of Justice disagrees with new form of ID card

According to the Ministry of Public Security, from now until the end of 2013, the ministry will continue to issue new IDs cards with the full name of the card bearer’s parents in Hanoi and some Northern provinces. However, the Ministry of Justice will ask the Prime Minister to reconsider this provision.

An official of the Ministry of Justice said the ministry’s leaders had assigned relevant departments to make study on the legality and rationality of Decree 170/2007/ND-CP on ID cards. If the Ministry is found to make mistakes in the evaluation of the decree, which results in omitting the provision on noting the ID bearer’s parent names, the Ministry will not deny its responsibility.

"However, this provision was issued more than ten years ago so it is necessary to have a thorough review. The viewpoint of the Ministry of Justice is to ask the Prime Ministers to reconsider a provision that causes the reaction from the public as well as from the law-makers," the official said.

According to Dr Le Hong Son, Director of the By-law Inspection Department, the department has found out that the above provision is contrary to the Civil Code and the International Convention on the Rights of Children to which Vietnam was a signatory since 1989.

Moreover, Article 38 of the Civil Code 2005 on the right to privacy, the mother has the right to keep secret about the father and if administrative procedures require parents named on the ID card, it would violate the right of privacy.

Article 16 of the International Convention on the Rights of Children says: "No child shall be subjected to arbitrary or unlawful interference in privacy, family, home or correspondence, as well as the illegal attack on their honor and reputation."

Item 2 of Article 759 of the Civil Code specifies: "In the case of international treaties which the Socialist Republic of Vietnam is a contracting party contains provisions that are different from the provisions of this law, it shall apply to the provisions of international treaties."

Lawyer Pham Quoc Anh, Chairman of the Vietnam Lawyers' Association, said the addition of parents name on the ID card is clearly unnecessary because the current information on the ID card is pretty full.

"The new ID card only needs to be printed by modern technology to enhance its security and durability," the lawyer expressed.

Dr. Nguyen Dinh Loc, former Minister of Justice, said that putting parent names on the ID card is unnecessary and must be stopped immediately.

The introduction of human origin to ID cards is very emotional and it can cause psychological affects on those whose parents died or those who do not know about their parents. Though the Ministry of Public Security said in these cases, the parent names can be ignored but these people will feel unhappy, shame when they show their ID cards for others to see.

"My point of view is that this provision must not be implemented. Now it is still in the pilot period, the Government should be able to stop it like it did to the Ministry of Public Security’s decision on imposing fine on those who use vehicles not being registered under their names," Dr. Le Hong Son said.




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