Legal Identity

In all seven countries in East Asia, national ID cards are the primary legal identity document that is used as proof of identity and legal residency. The National ID also provides access to a range of public and private services such as banking, health insurance, social security benefits, driver’s license, employment, marriages registration, voting, taxation, and school enrollment. These ID cards, mandatory for citizens or residents, can only be applied for upon reaching the approved age, ranging between 11 years (China, Hong Kong), 14 years (Taiwan), 16 years (Mongolia), and 17 years old (North Korea, South Korea).^[1]

Table 1: Types of National ID Cards in the East Asia Sub-Region

Types of National ID Cards	Countries
National ID Cards	Taiwan, Hong Kong, Japan
Resident Registration or Identity Cards	South Korea, China
Citizen ID Cards	Mongolia, North Korea

Unlike other sub-regions that rely primarily on birth certificates, East Asia is characterized by the use of family or household registration records, which serve as prerequisite documents for applying for national ID cards in all seven countries of the sub-region. One common feature across China, Japan, Taiwan, and South Korea is the linkage between birth registration and the household registration system, which serve as the basis for establishing permanent residency status and gaining access to public services from education to healthcare. China’s hukou household registration system plays a central role in proof of legal identity documents as the hukou books are mandatory documents needed to apply for both birth certificates and Resident Identity Cards.^[2] In South Korea, they have hospital issued Birth Certificates but they also have the Basic Certificate and Family Relations Certificate – all three documents together act as foundational legal identity documents that verifies both identity and proof of South Korean citizenship.^[3] In Taiwan, only nationals with household registration are eligible to apply for National ID Card which grants individuals the right to reside, work, and vote.^[4]

In countries without a household registration system such as Hong Kong, individuals applying for a permanent HKID need to prove their ‘right to abode’ through a certificate.^[5] In North Korea, citizens’ ID cards are issued to all citizens. However, for new ID cards issued from 2019 onwards citizens are required to submit blood test results and provide biometric data including photos and fingerprints.^[6] Similarly in Mongolia, to apply for the citizen ID card, citizens must present birth certificates, passports, and biometric data.^[7]

In four out of the seven countries (Hong Kong, Japan, Mongolia, South Korea), national ID cards serve as proof of identity and legal residence status as opposed to proof of citizenship – as they have designated other legal identity documents such as household registration books, birth certificates or passports to prove citizenship. In contrast, in China, North Korea, and Taiwan, the ID cards constitute citizenship.

Table 2: Comparison of the function of national ID cards in countries in East Asia

Countries where national ID cards constitute citizenship	China, North Korea, and Taiwan
Countries where national ID cards serve as proof of identity and legal residence status but not citizenship	Hong Kong, Japan, Mongolia, South Korea

Countries in the East Asia sub-region have different approaches to providing non-citizens access to national ID cards. In Hong Kong, Japan, South Korea, and Taiwan, foreign nationals may apply for alternative versions of these ID cards, by presenting documentation about their legal residence status, through the non-permanent HKID, My Number Card, Foreign Residence Cards, and Alien Residence Certificate, respectively.^[8] Although this is available for foreign nationals, it is more challenging for stateless persons who typically do not possess legal identity and other documentation, to qualify and thus apply for these ID cards. In the remaining three countries, China, Mongolia, and North Korea, there is no known way for both non-citizens and stateless persons to acquire legal identity documents except through acquisition of citizenship via naturalization.

Table 3: Primary Legal Identity Document and the Documents Needed to Apply across East Asia

Country	Primary Legal Identity Document	Documents Needed	Does legal identity serve as proof of citizenship
China	Resident Identity Card (RIC)	Registration form, hukou registration book.^[9]	Yes, only citizens or naturalized foreign nationals with legal residence status are eligible to apply for RIC.^[10]
Hong Kong	Permanent and Non-Permanent Hong Kong Identity Card (HKID)	For permanent HKID a certificate to prove right to abode while for non-permanent HKID, passports, proof of residency status through a valid employment, investment, dependent, or student visa, birth certificate, and previously issued identity card.^[11]	No, a HKID is framed more as proof of identity and legal residence status rather than proof of citizenship since it is accessible to non-citizens.
Japan	My Number Card	Can apply using unique individual number that is assigned through the My Number Notice. ^[12]	No, this ID card is issued to citizens and foreign residents who are on the resident registry.^[13]
Mongolia	Citizen ID card	Birth certificate, passport, and an application form. ^[14]	No, even though it is only available to Mongolian citizens, the passport or birth certificate are the primary documents certifying citizenship.^[15]
North Korea	Citizen ID card	Personal registration data, blood tests, and biometric data (photos and fingerprints).^[16]	Yes, it is one of the two acceptable legal identity documents confirming citizenship besides the birth certificate.^[17]
South Korea	Resident Registration Card	For citizens: application form, a photo, and fingerprint data; for foreign nationals additional documents are needed: passport and documents proving place of residence.^[18]	No, the Basic Certificate, along with the Family Relations Certificate are what verifies both legal identity and proof of citizenship. ^[19]
Taiwan	National ID Card	Photo, original household registration book, and a personal seal.^[20]	Yes, holding the card constitutes having Taiwanese nationality and an established household registration.^[21]

Digital ID Overview

Most countries in East Asia, apart from North Korea, have developed digital ID systems that complement their legal identity frameworks but remain distinctively separate from them. Many of them are still in the early stages of implementation after being launched from 2020 onwards. In Hong Kong, China, Mongolia, South Korea, and Taiwan, digital ID systems are typically created by the government through a mobile application or website where users can authenticate their digital identity to access private and public e-services. In these countries, their digital ID systems serve as a functional ID system while their primary legal identity documents – national ID cards, resident cards, citizen ID cards – acts a foundational ID system.

Japan stands out as the only country where their digital ID system is integrated and planned as part of its My Number Card, a chip-based identification card with electronic certificates that enable identity authentication, digital signatures, and access to e-government services.^[22] This approach makes Japan’s My Number Card system the only one in the sub-region to function as both a foundational and functional ID system.

Across all six countries with digital ID systems, while enrollment remains voluntary, government services are increasingly being linked to digital IDs, making them increasingly important for accessing public services. In Mongolia, the E-Mongolia platform has now become the main method for citizens to access government services due to its convenience and ease of access.^[23] Japan’s My Number Card has become de facto mandatory for accessing health insurance cards or using the electronic certificates for convenience store issuance services.^[24]

Across all six East Asian countries with digital ID systems, these platforms are generally accessible to both citizens and foreign residents with valid, legal residency documents. Reflecting the structure of existing legal identity frameworks, digital IDs are typically linked to established identity or residence registration systems and therefore do not necessarily function as direct markers of citizenship. However, stateless persons are often excluded in practice because they lack the required identity or residency documentation, which can prevent them from accessing services linked to digital ID platforms such as government services, healthcare and social insurance records, banking, and other administrative services.

Digital ID frameworks have largely been formulated and implemented through government-led initiatives, often with technical collaboration from public agencies and, in some cases, private sector partners. Public involvement has generally been limited and varies by country, ranging from consultations, workshops, or pilot testing in countries such as Taiwan and Japan.^[25] However, there is little evidence to show that these countries engaged with experts focusing on discrimination or broader social inclusion principles during the design and implementation of their systems.

Table 4: Digital ID System and its Key Features across countries in East Asia

Country	Digital ID system found in the country?	Key Features
China	Internet ID – 2025	A voluntary, government-issued, functional, digital ID application that allows individuals to authenticate their identity across government services, private platforms, and social media. Registration requires scanning a legal identity document and completing biometric facial verification. The system generates an ‘internet number’ and ‘internet certificate’ used for online identity verification. Eligibility extends to citizens and foreign permanent residents with recognized identity documents, while individuals without legal identity documents cannot access the system.
Hong Kong	iAM Smart – 2020	A voluntary, functional, mobile digital ID application available to HKID holders that enables users to authenticate their identity and access government and private online services. The system provides four main functions: identity authentication for public and private services, legally recognized electronic signatures for digital transactions, automated form filling through the ‘e-ME’ feature, and personalized notifications for government services. The platform relies on the HKID card as the foundational identity document and functions primarily as a digital authentication tool.
Japan	My Number Card – 2015	My Number Card contains an IC chip with electronic certificates that enable identity authentication, digital signatures, and access to government and administrative services. Both foundational and functional ID that can be used for services such as electronic tax filing, accessing residence records, obtaining official certificates at convenience stores, financial transactions, and social security services including health insurance and pensions. Users can also install the card’s electronic certificates on smartphones to authenticate identity through mobile devices and use digital verification services for activities such as e-commerce, online banking, facility reservations, and age verification. Access is available to citizens and foreign residents who are on the resident registry.
Mongolia	E-Mongolia – 2020	A voluntary, government issued mobile application and website allowing individuals to authenticate their identity using their e-ID number and phone number to access personal documents (such as ID cards, passports, birth and marriage certificates), government records, social insurance and health services, education services, and administrative processes. The platform resembles a functional ID as it acts as a platform to access a variety of public services. Access is available to citizens and foreign residents with valid residency permits.
North Korea	None	Not applicable
South Korea	Mobile ID – 2025	A voluntary, functional digital ID system that allows both citizens and foreign residents to use mobile versions of their official identification cards through an application or compatible digital wallets. It can be used for identity verification at government offices, banks, hospitals, and other services. Authentication relies on biometric verification and advanced encryption technologies, and each mobile ID is linked to a single smartphone and phone number.
Taiwan	Taiwan Digital Identity Wallet (TW DIW) – 2025; Taiwan Fast Identity Online (TW FiDO) – 2022; Citizen Digital Certificate (CDC) – 2005	The CDC is a smart card containing a digital certificate issued by the Ministry of the Interior Certification Authority, enabling users to authenticate their identity online, digitally sign documents, and access e-government services. The TW FiDO allows users to authenticate their identity using biometric verification on mobile devices, eliminating the need for a physical certificate card and enabling secure access to e-government services. The TW DIW is a voluntary mobile wallet application that stores multiple digital credentials, such as citizen digital certificates, health insurance cards, and driver’s licenses. All three forms of digital IDs are functional IDs.

Law

Domestic law and polic

All six countries with digital ID systems have domestic laws or policies governing digital identity, but the approaches and scope of their laws differ. Some have introduced new legal frameworks or amendments specifically for digital ID (China, Japan, South Korea), while others use existing legislation on data protection or electronic signatures to provide a legal basis for digital ID systems (Hong Kong, Mongolia, Taiwan).

Table 5: Laws and Policies regulating Digital ID systems across East Asia

Countries	Laws & Policies
China	Measures on the Management of the National Online Identity Authentication Public Service ^[26]
Japan	Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (My Number Act)^[27]
South Korea	Resident Registration Act; Electronic Government Act ^[28]
Hong Kong	The Electronic Transactions Ordinance^[29]
Mongolia	Law on Public Information Transparency; Law on Personal Data Protection; Law on Electronic Signatures; and Law on Cyber Security ^[30]
Taiwan	Electronic Signatures Act; Financial Services Digital Identity Verification Guidelines^[31]

In the three countries that have specific legislation regulating digital ID systems, China, Japan, and South Korea, laws or amendments were introduced relatively recently, between 2023 and 2025. This indicates that regulatory frameworks governing digital ID systems are still relatively nascent. These three countries all have explicit definitions of digital IDs, digital certifications, and permit the issuance of their digital ID cards and unique number. Digital ID is most commonly defined as a system of electronic authentication that uses digital identifiers or certificates to verify an individual’s identity when accessing online services and conducting digital transactions. In China, the Measures define an ‘internet number’ as an online identifier composed of letters and numbers that corresponds to an individual’s identity information without containing plaintext identity data, while an ‘internet certificate’ refers to an authentication certificate that carries this identifier and related encrypted identity information.^[32] Similarly, in Japan, the My Number Act establishes a unique number assigned to identify individuals recorded in the resident registry, which forms the basis of the country’s digital identification system.^[33]

In the remaining three countries that do not have specific legislation on digital ID, existing laws, primarily those governing electronic and digital signatures, are used to provide the legal basis for the use of digital ID. For example, in Hong Kong, the Electronic Transactions Ordinance provides the legal foundation for the digital signing function on the iAM Smart platform by recognizing electronic and digital signatures as having the same legal status as paper-based signatures.^[34] In Mongolia, the E‑Mongolia platform operates within a broader legal framework consisting of several laws adopted in 2021, including the Law on Public Information Transparency, Law on Personal Data Protection, Law on Electronic Signatures, and Law on Cyber Security, which collectively regulate digital governance, data protection, and cybersecurity in the absence of a dedicated digital ID law.^[35] Similarly, in Taiwan, digital identity initiatives such as the Digital Identity Wallet rely on the Electronic Signatures Act and the Financial Services Digital Identity Verification Guidelines, which establish the legal recognition of digital signatures and provide standards for identity verification in digital financial services.^[36]

The laws and policies across all six countries do not establish a direct linkage between digital ID and citizenship. This is because digital ID systems are not designed as markers of citizenship; both citizens and foreign residents can access digital ID, provided they have documentation proving their legal residency status

Data Protection

All countries in East Asia except North Korea have data protection and privacy laws in place. Across the sub-region, most countries provide legal safeguards governing the collection, processing, and use of personal information within digital ID platforms. These frameworks typically require consent, limit data collection to necessary purposes, and impose security obligations on entities handling personal data. In China, safeguards relating to digital ID systems are outlined in the Measures on the Management of the National Online Identity Authentication Public Service and supported by broader data governance laws such as the Personal Information Protection Law, which requires explicit consent for the processing of sensitive personal information such as biometric data.^[37] Similarly, Taiwan’s Personal Data Protection Act and Mongolia’s Data Protection Law both provide comprehensive frameworks regulating the collection and use of personal data and classify biometric data as sensitive personal information.^[38]

South Korea’s Personal Information Protection Act is considered to have one of the most comprehensive personal data protection frameworks in the sub-region.^[39] The law strengthens data subjects’ rights by requiring consent for personal data processing, mandating prompt notification of data breaches, and establishing oversight by the independent Personal Information Protection Commission.^[40] It also explicitly recognizes biometric information as sensitive personal data and has been further amended to introduce new protections such as data portability rights and AI-related data governance requirements.^[41]

Despite these safeguards, most countries do not include explicit provisions preventing government authorities from accessing or using personal data collected through digital ID systems. For instance, although Hong Kong’s Personal Data (Privacy) Ordinance provides general protections for personal data, it does not contain provisions restricting government access to information collected through the iAM Smart system.^[42]

There are also concerns in the sub-region regarding privacy and surveillance as digital ID systems are implemented. In China, where the state-managed digital identity infrastructure has raised warnings from researchers and human rights organizations about risks of mass state surveillance, reduced online anonymity, and increased state monitoring of individuals’ activities in online spaces.^[43] North Korea stands out as it lacks any data protection or privacy legislation and maintains extensive state surveillance over citizens’ communications and information access.^[44] However, even in countries like South Korea that have strong data protection regimes, there have been documented data breaches and concerns from civil society on the growing use of AI in public services amidst developing legal and ethical safeguards.^[45]

International Commitments

Across East Asia, there is no binding international treaty that specifically regulates digital ID systems. However, several countries in the sub-region participate in international and regional initiatives that shape norms around digital identity governance, digital infrastructure, and data protection. Three countries, China, Japan, Mongolia, and South Korea, adopted the Ministerial Declaration on a Decade of Action for Inclusive and Resilient Civil Registration and Vital Statistics in Asia and the Pacific. This commits governments to strengthen civil registration systems and build secure digital public infrastructure while ensuring that vulnerable or digitally marginalized groups are not excluded from services.^[46] Some countries participate in international digital governance and privacy cooperation frameworks. Japan and South Korea engage with the OECD Recommendation on the Governance of Digital Identity, which promotes trusted and user-centered digital identity systems, while Japan, South Korea, Hong Kong, and Taiwan participate in the APEC Cross Border Privacy Rules System to facilitate privacy-compliant cross-border data transfers.^[47] Taiwan has also engaged with global technical standards through the World Wide Web Consortium, particularly on decentralized identity and verifiable credential standards.^[48]

Human rights treaties ratified by countries in the sub-region also create obligations relevant to digital ID systems, particularly regarding legal identity, birth registration, and non-discrimination. Many countries, including China, Japan, Mongolia, South Korea, Hong Kong, and Taiwan, are parties to major treaties such as the ICCPR, ICESR CRC and CEDAW.^[49] These treaties require states to ensure access to legal identity, birth registration, and essential services without discrimination. UN treaty bodies have raised concerns in several countries where gaps in birth registration or nationality laws risk creating statelessness or exclusion from services, particularly for children of migrants, refugees, or undocumented persons.^[50] The CRC Committee has also emphasized that digital systems should be designed to enable children to safely access essential digital services without discrimination.^[51]

Designed to Include?

The Impact of Digital ID and Legal Identity on Citizenship and Nationality Rights

Across East Asia, digital ID systems have generally neither contributed to nor reduced statelessness, as access to digital ID remains closely tied to possession of foundational legal identity documents such as national ID cards or residency permits. In most countries, the grant of digital ID is not formally linked to citizenship, but eligibility depends on legal identity or residency status, which stateless persons often lack. As a result, denial or inaccessibility of digital ID does not itself create statelessness, but it reinforces existing forms of exclusion faced by stateless individuals. In countries where stateless persons cannot obtain digital ID, such as in China, Hong Kong, Mongolia, Japan, and South Korea, they are excluded from a growing range of state-sponsored services that rely on digital identity verification.^[52] These include government e-services, healthcare and insurance systems, social welfare programs, taxation, employment, banking and financial services, and access to education or digital public service platforms. Only one country in the sub-region, Taiwan, provides a pathway for stateless persons to obtain an Alien Resident Certificate (ARC), which can be used to access digital ID services.^[53] However, eligibility for the ARC is subject to specific criteria that many stateless individuals may not be able to meet. Generally, there are few or no alternative avenues for stateless individuals to access these services beyond in-person procedures or assistance from civil society organizations.

Legal and policy frameworks across the sub-region have not yet systematically incorporated safeguards to ensure inclusion of stateless persons within digital ID systems. While some governments (Mongolia, Japan) have adopted accessibility measures, such as mobile registration teams, multilingual call centers, or digital literacy assistance for elderly population, these initiatives are typically aimed at bridging the digital divide rather than addressing barriers faced by individuals without legal identity.^[54] Strengthening inclusivity around digital ID systems requires reforms that ensure universal birth registration regardless of legal identity and a commitment to ensure essential public services remain accessible through alternative mechanisms even for those without digital IDs. Without such safeguards, digital ID systems risk deepening existing inequalities in terms of access to legal identity and public services.

Summary Table

Table 6: Summary Table of Digital ID systems across East Asia

Country	Legal ID (Type)	Digital ID (Foundational/Functional)	Domestic Laws & Policy Covering Digital ID	Data Protection Law	Digital ID Mandatory?	Access for Stateless/Refugees	Intl. Treaty Ratified (Data/Human Rights)
China	Resident Identity Card; Internet ID	Functional	Yes: Measures on the Management of the National Online Identity Authentication Public Service 2025	Yes: Cybersecurity Law; Data Security Law; and the Personal Information Protection Law.	No	No	1951 Refugee Convention, ICESCR, ICERD, CRC, and CEDAW
Hong Kong	Hong Kong Identity Card (HKID); ‘iAM Smart’ digital ID	Functional	Yes: Electronic Transactions Ordinance 2000	Yes: Personal Data (Privacy) Ordinance (Cap.486)	No	No	1954 Stateless Convention, ICCPR, ICESCR, ICERD, CRC, and CEDAW
Japan	My Number Card -physical card and digital ID	Foundational and Functional	Yes: Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013)	Yes: Act on the Protection of Personal Information (Act No. 57 of 2003)	No	Yes with legal residency status	1951 Refugee Convention, ICCPR, ICESCR, ICERD, CRC and CEDAW
Mongolia	Citizen ID card; E-Mongolia	Functional	Yes: Public Information Transparency Law; Data Protection Law, Law on Electronic Signatures Law; Cyber Security Law.	Yes: Data Protection Law (2021)	No	No	EU-Mongolia Partnership and Cooperation Agreement, ICCPR, ICESCR, ICERD, CRC, and CEDAW
North Korea	Citizen ID card	Not applicable	Not applicable	Not applicable	Not applicable	Not applicable	ICCPR, ICESCR, CRC, and CEDAW
South Korea	Resident Registration Card; Mobile IDs	Functional	Yes: Resident Registration Act of 1962	Yes: Personal Information Protection Act (2025)	No	No	1954 Statelessness Convention, 1951 Refugee Convention and its 1967 Protocol, ICCPR, ICESCR, ICERD, CRC, and CEDAW
Taiwan	National ID Card; Taiwan Digital Identity Wallet	Functional	Yes: Electronic Signatures Act (2001); Financial Services Digital Identity Verification Guidelines.	Yes: Personal Data Protection Act (2010)	No	Yes, through the Alien Citizen Digital Certificate IC Card	ICCPR, ICESCR, ICERD, CEDAW, CRPD, and CRC

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See Statelessness Overview