Chương VI Luật cư trú 2020: Trách nhiệm quản lý cư trú

Chapter VI

RESPONSIBILITY FOR RESIDENCE MANAGEMENT

Article 32. Responsibility for state management of residence

1. The Government shall exercise the unified state management of residence throughout the country.

2. The Ministry of Public Security shall answer to the Government for state management of residence and perform the following tasks:

a) Formulate and promulgate legislative documents on residence within its competence or propose these documents to the Government for promulgation;

b) Direct and organize implementation of legislative documents on residence; organize residence registration and management throughout the country, update information on residence to the national population database and residence database;

c) Suspend implementation of or annul regulations on residence management that are inconsistent with regulations of this Law within its competence or propose such annulment to the competent authority;

d) Promulgate, print and manage declarations of change to residence information and documents, forms and books in relation to residence;

dd) Provide equipment; appoint officials in charge of residence management and provide training and refresher courses for them;

e) Produce state statistics on residence, summarize and conduct scientific research on residence management, and disseminate and educate on regulations on residence;

g) Inspect, settle complaints and denunciations, and handle violations against regulations on residence as prescribed by law;

h) Carry out international cooperation in residence management

3. Ministries and ministerial-level agencies shall exercise state management of residence within their competence and as assigned by the Government.

4. People’s Committees at all levels shall perform the following tasks within their competence:

a) Organize implementation of legislative documents on residence in their localities;

b) Direct cooperation between relevant regulatory bodies in residence management in their localities;

c) Organize dissemination of and education on regulations on residence;

d) Inspect, settle complaints and denunciations, and handle violations against regulations on residence as prescribed by law.

Article 33. Responsibilities of registration authorities

1. Openly post administrative procedures; provide guidance on regulations of law on residence for regulatory bodies, individuals and households; announce locations, phone numbers or other ways of receiving stay notification and temporary absence declaration.

2. Update information on citizens’ residence to the national population database and residence database.

3. Confirm residence information, announce results of procedures for permanent residence registration, temporary residence registration, temporary residence extension, information declaration, revision of information on residence, household division and temporary absence declaration in writing, via electronic messages or by other ways as stipulated by the Minister of Public Security.

4. Manage and retain documents on residence registration and management and protect information on residence registration.

5. Handle propositions, complaints and denunciations of citizens concerning residence and residence management within their competence.

Article 34. Persons in charge of residence registration

1. Persons in charge of residence registration must be professionally qualified for their assigned tasks.

2. When fulfilling their duties, persons in charge of residence registration must have formal, respectful and polite manners, speech and gestures; receive and check relevant documents and adhere to the deadlines stated in regulations of this Law; if an application is incomplete or invalid, give detailed instructions in writing to the applicant and take responsibility before the law for this task.

Article 35. Annulment of permanent residence registration and temporary residence registration

In case where a responsible authority or individual carries out permanent or temporary residence registration ultra vires, for the wrong person or not in compliance with a condition provided for in this Law, the authority having done the registration or head of the supervisory body thereof shall issue a decision to annul the registration. The authority having done the registration shall notify the applicant and provide the reason in writing.

Article 36. Residence database

1. The residence database shall be developed for the purpose of state management of residence and be national property under the unified management of the Ministry of Public Security.

2. The residence database must be connected with the national population database and other databases as prescribed by law, and meet standards for databases as well as technical regulations and standards on information technology.

3. Requirements for collection, storage, processing, protection and use of data on residence:

a) Apply information technology to collect, store and process residence information in an adequate, timely and accurate manner; ensure data safety according to rules and database format;

b) Ensure safety of equipment for storage of information and documents on residence;

c) Protect cyber security and security of residence information on computer networks; ensure safety of information and documents stored in the residence database; prevent and control attacks, intrusion, information theft and destruction or damage to data on residence;

d) All access to the residence database aiming to change information on residence of citizens must be approved by the head of the registration authority or another competent authority;

dd) Regulatory bodies, organizations and individuals may not provide, exchange, copy or print information and documents from the residence database illegally.

4. The Government shall elaborate development, management and use of the residence database, information in the residence database and provision and exchange of information and documents from the residence database for/with regulatory bodies, organizations and individuals.