Chapter III
PERMANENT RESIDENCE REGISTRATION
Article 18.- Permanent residence registration
Permanent residence registration means that citizens register their places of permanent residence with competent state agencies which carry out the procedures for permanent residence registration and grant household registration books to them.
Article 19.- Conditions for registration of permanent residence in provinces
Citizens who have lawful domiciles in any province may register their permanent residence in that province. Where their lawful domiciles are leased, lent or let for their free-of-charge stay by individuals, written consent of the lessors, the lenders or such individuals is required.
Article 20.- Conditions for registration of permanent residence in centrally run cities
Citizens falling in one of the following cases may register their permanent residence in centrally run cities:
1. Having lawful domiciles and having temporarily resided for one year or more in the cities. Where the lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required;
2. Obtaining the consent of persons who possess household registration books to have their names entered in such books if falling into one of the following cases:
a/ Wife returns to live with her husband; husband returns to live with his wife; children return to live with their fathers, mothers; fathers, mothers return to live with their children;
b/ Persons who are out of the working age, retire, leave their jobs for loss of their working capacity or quit their jobs and return to live with their siblings;
c/ Persons who are disabled, lose their working capacity or suffer from mental diseases or other ailments which deprive them of the capacity to perceive or control their acts and return to live with their siblings, aunts, uncles or guardians;
d/ Minors who lose their parents or whose parents are incapable of nurturing them and return to live with their paternal grandparents, maternal grandparents, siblings, aunts, uncles or guardians;
e/ Single adults who return to live with their paternal or maternal grandparents.
3. Being transferred or recruited to work in agencies or organizations, who are salaried from the state budget or under labor contracts with an unspecified term and have lawful domiciles. Where their lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required;
4. Having previously registered their permanent residence in centrally run cities and now returning to live in those cities at their lawful domiciles. Where their lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, the lenders or such individuals is required.
Article 21.- Permanent residence registration procedures
1. Permanent residence registrants shall file their permanent residence registration dossiers with the following police offices:
a/ For centrally run cities, the dossiers shall be submitted at police offices of rural districts, urban districts or towns;
b/ For provinces, the dossiers shall be submitted at police offices of communes, townships, towns or provincial cities.
2. A permanent residence registration dossier comprises:
a/ A written notification of changes in household registration, number of household members; a declaration on household members;
b/ A paper on household registration transfer as provided for in Article 28 of this Law;
c/ Papers and documents evidencing the lawful domicile. For the case of transfer to a centrally run city, the documents proving that the subject person falls into one of the cases specified in Article 20 of this Law are also required.
3. Within fifteen days after the receipt of complete dossiers, the competent agencies defined in Clause 1 of this Article shall grant household registration books to permanent residence registration dossier submitters; in case of refusal to grant, they shall give written replies clearly stating the reasons therefor.
Article 22.- Deletion of permanent residence registration
1. Persons who fall into one of the following cases shall have their permanent residence registration deleted:
a/ They die or are declared by a court as missing or dead;
b/ They are enlisted into the People's Army or the People's Police and live in barracks;
c/ They are given decisions to delete their permanent residence registration as provided for in Article 37 of this Law;
d/ They settle abroad;
e/ They have registered their permanent residence at a new place of residence; for this case, the agencies which have carried out procedures to register permanent residence for citizens at new places of residence shall immediately notify the agencies which have issued the papers on household registration transfer for deletion of permanent residence registration at the old places of residence.
2. Agencies competent to register the permanent residence are also competent to delete the permanent residence registration.
3. The specific procedures for deletion of permanent residence registration and adjustment of relevant dossiers, documents and books shall be stipulated by the Minister of Public Security.
Article 23.- Change of places of permanent residence registration in case of change of lawful domiciles
1. Persons who have already registered their permanent residence but change their lawful domiciles shall, within 24 months after their movement to the new lawful domiciles, carry out procedures to change their registered places of permanent residence.
2. The competent agencies defined in Clause 1, Article 21 of this Law shall create favorable conditions for citizens to change their registered places of permanent residence.
Article 24.- Household registration books
1. Household registration books are granted to households or individuals that have registered their permanent residence, and are valid for determination of citizens' places of permanent residence.
2. When household registration books are damaged or lost, they may be changed or re-granted.
3. The Ministry of Public Security shall issue the forms of household registration book and guide the grant, re-grant, renewal, use and management of household registration books for uniform application nationwide.
Article 25.- Household registration books granted to households
1. A household registration book is granted to every household. Each household nominates a person who has full civil act capacity to act as household head to implement and guide the household members to implement the regulations on residence registration and administration. Where persons aged full eighteen years or older are not available or the persons aged full eighteen years or older lose their civil act capacity or have their civil act capacity restricted, a member of the household can be nominated to act as household head.
Persons living in the same lawful domicile and being bound in family ties as grandparents, parents, wife, husband, offspring, siblings and grand children may be granted a singe household registration book.
2. Many households that live together in a lawful domicile shall each be granted a household registration book.
3. Persons who do not fall into the cases specified in Paragraph 2 of Clause 1, this Article but fully meet the conditions specified in Articles 19 and 20 of this Law and are permitted by the household heads to be included in the latter's household registration books may be included in those household registration books.
Article 26.- Household registration books granted to individuals
1. Household registration books are granted to individuals in one of the following cases:
a/ Persons have full civil act capacity and domiciles independent from their families, persons live in single, persons are allowed for separate household registration books as provided for in Clause 1, Article 27 of this Law;
b/ Persons perform their itinerant occupations on ships, boats or other vehicles, if they do not live in households;
c/ War invalids, diseased army men, persons entitled to the State's preferential treatment policies, weak and lonely elders, disabled persons and others are nurtured and cared for in centers by agencies or organizations;
d/ Religious dignitaries, religion practitioners or other full-time religious activists as defined by the law on religion and belief who live at religious establishments.
2. Persons not defined in Paragraph 2, Clause 1 of Article 25, if fully meeting the conditions specified in Articles 19 and 20 of this Law and getting the consent of household heads to let them be included in household registration books granted to individuals, can be included in those household registration books.
Article 27.- Separation of household registration books
1. Cases where persons share the same lawful domicile and are entitled to household registration book separation include:
a/ Persons who have full civil act capacity and the need for household registration book separation;
b/ Persons who have been entered in household registration books as defined in Clause 3 of Article 25 and Clause 2 of Article 26 of this Law and get the household heads' written consent for separation from their household registration books.
2. Upon household registration book separation, an applicant shall produce the household registration book, written notification of changes in household registration, the number of household members; written consent of the household head, if he/she falls into the cases specified at Point b, Clause 1 of this Article.
3. Within seven working days after the receipt of complete dossiers, competent agencies shall return the results of household registration book separation; in case of refusal of the separation, they shall give a written reply clearly stating the reasons therefor.
Article 28.- Household registration transfer papers
1. When changing their places of permanent residence, citizens are granted household registration transfer papers.
2. Household registration transfer papers are granted to citizens in the following cases:
a/ They move to places outside a commune or township of a province;
b/ They move to places outside a rural district, urban district or town of a centrally run city; or provincial town or city.
3. Competence to grant household registration transfer papers is provided for as follows:
a/ Chiefs of the police offices of communes or townships shall grant household registration transfer papers to cases specified at Point a, Clause 2 of this Article;
b/ Chiefs of the police offices of rural districts, urban districts or towns of centrally run cities, chiefs of the police offices of provincial towns or cities shall grant household registration transfer papers to cases specified at Point b, Clause 2 of this Article.
4. A dossier for grant of household registration transfer paper comprises the household registration book and the written notification of change in household registration and the number of household members.
5. Within three working days after the receipt of complete dossiers, competent agencies shall grant household registration transfer papers to citizens.
Within ten days after the receipt of acceptance notices of the residence administration bodies of the localities where citizens are transferred to, the police offices of rural districts, urban districts, provincial towns or cities where the citizens leave shall transfer the household registration and administration dossiers to the police offices of the localities where such persons move to.
6. Citizens falling into one of the following cases are not required to obtain household registration transfer papers:
a/ They move within a commune or township of a province; move within a rural district, urban district or town of a centrally run city; move within a provincial town or city;
b/ They are pupils, students or trainees at schools or other education institutions;
c/ They do their military service or serve for a given term in the People's Police;
d/ They are enlisted in the People's Army or the People's Police and live in barracks or dormitories;
e/ They are serving their imprisonment sentences or decisions on consignment to reformatories, education camps, medical treatment establishments or establishments for compulsory drug detoxification or probation.
Article 29.- Adjustment of changes in household registration books
1. In case of change of household heads, the households shall carry out procedures therefor. Persons who come to carry out such procedures shall produce household registration books; written notification of change in household registration, the number of household members; opinions of household heads or other family members on change of household heads.
2. In case of changes in family names, given names, middle names, birthdays, months and years or other changes in the civil status of persons named in household registration books, the household heads, the persons making such changes or authorized persons shall carry out procedures for adjustment. Persons who come to carry out the procedures shall produce the household registration books, birth certificates or decisions permitting the changes issued by agencies competent for civil status registration; and submit the written notification of changes in household registration and the number of household members.
3. In case of changes in administrative boundaries, administrative units, streets, house numbers, competent residence administration agencies shall base themselves on competent state agencies' decisions permitting the changes in administrative boundaries, administrative units, streets, house numbers to make adjustments in the household registration books.
4. In case of movement to new lawful domiciles within a commune or township of a province; movement within a rural district, urban district or town of a centrally run city; movement within a provincial town or city, the household heads, household members or authorized persons shall carry out procedures for adjustment. Persons who come to carry out the procedures for adjustment shall submit the written notification of change in household registration, the number of household members; produce household registration books and papers evidencing their new lawful domiciles.
5. Within three working days after the receipt of complete dossiers, the competent agencies defined in Clause 1, Article 21 of this Law shall make adjustments or changes in the household registration books.
6. In case of carrying out procedures for adjustment of changes in household registration books, persons who come to carry out the procedures must have full civil act capacity; for minors, the procedures shall be carried out by their guardians or lawful representatives as provided for by civil law.
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Luật Cư trú 2006 (Bản Word)