The national card: issue and correction of data
The national card is now the document every department, bank and court asks for to prove identity and nationality. A small error on it, such as one letter in a name or one digit in a date of birth, therefore travels into every later transaction. The office of lawyer Ali Barakat in Baghdad explains here what National Card Law No. 3 of 2016 says about issuing and replacing the card and correcting the data held in the civil record.
What the law says the card is
The first article defines the national card as the legally recognised document identifying the person it belongs to, granted to Iraqis and issued by the Director General of Nationality or a delegate. It defines the civil record as the basic unit of the database, holding a citizen's population and life-event information from birth to after death, with its own identification number that cannot be duplicated.
Article 34 provides that the directorate issues a card to every Iraqi recorded in the civil information system, bearing a unique identification number, and issues a replacement when a card is lost or damaged. Article 35 provides that government and non-government bodies accept the card as proof of the holder's identity and Iraqi nationality, and that it replaces the nationality certificate, the civil status identity card and the residence card. The card's design, data, application procedure, validity and renewal date are left by the second paragraph of the same article to instructions issued by the Minister of Interior.
The record, not the card, is the source
The card reflects what is in the civil record, so correcting the card starts with correcting the record. The fifth article gives information and documents produced by the civil information system legal force unless the contrary is proved by a court decision, and requires records to be updated continuously so they match reality.
When is the card replaced?
Article 36 sets out replacement, withdrawal and invalidity:
- Replacement when a competent body decides to correct or change any data in the record, or when the card is damaged or contains a spelling or numerical error.
- Withdrawal when the record is cancelled.
- Invalidity on the holder's death.
If the error is on the card alone, such as a printing error with no basis in the record, it is a case for direct replacement. If the error is in the record itself, a correction decision comes first.
Administrative correction before the Director General
Article 29 gives the Director General or a delegate power to correct any data in the civil information records that results from an error, and to add to a record on the basis of official documents issued by a competent body. The request is made in writing by the record holder, a person with a related right, a minor's guardian, or the relevant official bodies.
If the request is refused, the second paragraph allows the Director General to reconsider the refusal within thirty days of its issue if the person concerned provides new official documents sufficient for the correction. It is therefore sensible to gather official proof of the correct version before the first request: a birth certificate, a court deed, an older record, or an official school document.
Special rules on dates of birth and multiple errors
Article 30 sets three practical rules:
- Where there are several errors in the full name, the father's name and the grandfather's name, those concerned must combine their requests in a single claim unless there are lawful reasons to split them.
- A request to correct one part of a date of birth, whether the day, month or year, is treated as accepting the other parts as correct, and only one claim may be brought to correct that date.
- Where information on the date of birth is incomplete, the citizen is asked to provide official documents to complete it.
The second rule calls for particular care: someone who asks to correct only the year cannot come back later to correct the month.
Accuracy of information provided
Article 38 penalises, by imprisonment or a fine or both, anyone who provides false information to obtain the national card or a copy of the record. Every correction request must rest on a genuine official document.
Online booking and attendance
Article 41 allows the directorate to set up a website to receive information about the national card and notify citizens of appointments. Electronic transactions count as a notification that is relied on only once confirmed by the competent departments, and a citizen's attendance at the directorate counts as personal consent to that notification.
Legal basis and sources
Frequently asked questions
Is replacing the card enough to fix a name error?
Not if the error is in the record itself. A correction decision under article 29 is needed first, and the card is then replaced under article 36. Names and surnames are covered on correcting a name or surname.
What if a correction request is refused?
Reconsideration may be requested within thirty days with new documents; challenge routes are covered on challenging Nationality Directorate decisions.
Does the card replace the nationality certificate?
Yes, under article 35; see the Iraqi nationality certificate.
Related topics and articles
- 01Correcting a name or surname in the civil recordCorrecting a full name, changing a first name or surname and registering a surname under articles 19 and 21 to 26 of Iraq's National Card Law No. 3 of 2016.
- 02The Iraqi nationality certificate: when it is asked for and what replaced itThe status of the Iraqi nationality certificate after National Card Law No. 3 of 2016, and the basis of nationality in articles 2 and 3 of Nationality Law No. 26 of 2006 and article 18 of the Constitution.
- 03Challenging decisions of the nationality and residence authoritiesRoutes for contesting nationality, national card and residence decisions in Iraq: review within thirty days, objection to the Minister, grievance then the administrative court, and appeal to the Supreme Administrative Court and the federal court.
- 04The Iraqi passport: issue, renewal and damaged passportsIssuing and renewing an Iraqi passport, replacing a lost or damaged one and travel bans under Passports Law No. 32 of 2015: passport types, minors' passports, reporting loss and cancellation.
- 05Registering births, marriages and deaths in the civil recordHow births, marriages and deaths enter the civil record under articles 11, 12, 19, 20, 27 and 28 of Iraq's National Card Law No. 3 of 2016, notification periods, and events of Iraqis abroad.