Question: A friend kept my ID card and didn't return it. I had to report it lost to get a new one. Now he's using my old ID card to borrow money. Do I have to pay this debt?
RICH(Hai Duong City)
Reply:
Pursuant to Article 463 and Article 466 of the 2015 Civil Code, a property loan contract is formed when there is an agreement between the lender and the borrower.
The borrower must have the obligation to repay the lender. In case the loan is money, the full amount must be paid when due.
Thus, debt is established only based on the agreement of the parties in a voluntary spirit.
In case someone steals your citizen identification information to borrow money but in reality you do not make a loan transaction or receive the loan, you are not obligated to repay the debt.
However, you need to prove that you are not the borrower.
According to the information provided, you have filed a loss report and been reissued a new citizen ID card. This is one of the grounds to prove that you were not involved in any loan transactions during the time your old citizen ID card was lost.
In addition, you can collect other evidence to prove that your citizen identification card has been illegally held by someone else or that your information, image, or citizen identification card has been disclosed to someone else.
At the same time, to best ensure your own rights, you can report the incident to the competent police agencies so that these agencies can investigate, verify the incident, and have a plan to deal with the person who stole the information.
Accordingly, individuals who use other people's personal information for improper purposes or without the consent of the subject may be fined from 20 to 30 million VND according to the provisions of Clause 2, Article 84 of Decree 15/2020/ND-CP (amended and supplemented by Decree 14/2022/ND-CP).
In addition, you can sue that person for compensation for damages under Clause 1, Article 584 of the 2015 Civil Code.
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