Nghị định 104/2022/NĐ-CP sửa đổi Nghị định liên quan đến việc nộp, xuất trình sổ hộ khẩu, sổ tạm trú giấy khi thực hiện thủ tục hành chính, cung cấp dịch vụ công

DECREE

ON AMENDMENTS TO DECREES ON SUBMISSION AND PRESENTATION OF HOUSEHOLD REGISTER BOOKLETS, TEMPORARY RESIDENCE REGISTER BOOKLETS UPON CARRYING OUT ADMINISTRATIVE PROCEDURES OR PROVIDING PUBLIC SERVICES

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019;

Pursuant to the Law on Residence dated November 13, 2020;

At the proposal of the Minister of Public Security;

The Government promulgates a Decree on amendments to Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services.

Article 1. Amendments to Decree No. 61/2015/ND-CP dated July 9, 2015 on policies to support job creation and the National Employment Fund amended according to Decree No. 74/2019/ND-CP dated September 23, 2019

1. Point a, Clause 2, Article 28 shall be amended as follows:

“a) As for employees: A loan application letter, certified by the People's Committee of commune where the project is executed, made according to Form No. 1 issued together with this Decree;”.

2. Replace some phrases at Point b, Clause 2, Article 28 as follows:

Replace the phrase "a copy of the identity card or household register booklet or temporary residence register booklet" and the phrase "a copy of the identity card or passport or household register booklet or temporary residence register booklet" with the phrase "a copy of the identity card or citizen identity card or birth certificate”.

3. Replace Form No. 1a issued with Decree No. 74/2019/ND-CP dated September 23, 2019 with Form No. 1 issued together with this Decree.

Annul Form No. 1b issued together with Decree No. 74/2019/ND-CP dated September 23, 2019.

Article 2. Amendments to certain articles and forms of Decree No. 146/2018/ND-CP dated October 17, 2018 on elaboration and guidelines for the Law on Health Insurance

1. Clause 1, Article 5 shall be amended as follows:

“1. Persons whose names are inscribed in the same household registering their permanent residence, except those persons specified in Article 1, 2, 3, 4 and 6 hereof.”.

2. Clause 2, Article 5 shall be amended as follows:

“2. Persons whose names are inscribed in the same household registering their temporary residence, except those persons specified in Article 1, 2, 3, 4 and 6 hereof and those who have already participated in health insurance as prescribed in Clause 1 of this Article.”.

3. Annul the phrase "Number of household register booklet (or temporary residence register booklet)" in Form No. 3 issued together with Decree No. 146/2018/ND-CP dated October 17, 2018 on elaboration and guidelines for the Law on Health Insurance.

4. Amend section 4, guidance section in Form No. 4 issued together with Decree No. 146/2018/ND-CP dated October 17, 2018 on elaboration and implementation of the Law on Health Insurance as follows:

“4. As for an individual who registers to receive results in person at the social security agency, when coming to receive the payment of sum insured from health insurance, the official in charge of application receipt and giving processing results shall give the following guidelines:

a) The insured receives the sum insured in person: The insured shall present an appointment letter and citizen identity card or identification card.

b) Another person receives the sum insured on behalf of the insured:

If he/she is a relative of the insured: He/she shall present an appointment letter, citizen identity card, or identification card and one of the proof as relative of the insured, including: a copy of the birth certificate, or certificate of live birth, or marriage certificate, or certificate of residence information, or notice of personal identification number, and citizen information in the National Population Database.

If he/she is a guardian: He/she shall present an appointment letter, citizen identity card, or identification card and one of the proof as natural guardian of the insured (a copy of the birth certificate, or certificate of live birth, or marriage certificate, or certificate of residence information, or notice of personal identification number, and citizen information in the National Population Database). In case there is no natural guardian as prescribed by law, an appointment letter, identification card or citizen identity card, and decision on recognition of guardianship issued by the competent authority shall be provided.

If there is no relative or natural guardian mentioned above, an appointment letter, identification card or citizen identity card, power of attorney shall be provided in accordance with current law.”.

Article 3. Amendments to Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 6 of Decree No. 116/2016/ND-CP dated July 18, 2016 on policies to support students and primary and secondary schools in severely disadvantaged communes and villages

1. Point b, Clause 1, Article 6 shall be amended as follows:

“b) Submit a copy of one of the following documents: citizen identity card, identification card, certificate of residence information, notice of personal identification number and citizen information in the National Population Databased in case agencies or organizations are unable to access residence information of citizens in the National Population Database.”.

2. Point b, Clause 2, Article 6 shall be amended as follows:

“b) Submit a copy of one of the following documents: citizen identity card, identification card, certificate of residence information, notice of personal identification number and citizen information in the National Population Databased in case agencies or organizations are unable to access residence information of citizens in the National Population Database.”.

3. Point b, Clause 3, Article 6 shall be amended as follows:

“b) Submit a copy of one of the following documents: citizen identity card, identification card, certificate of residence information, notice of personal identification number and citizen information in the National Population Databased in case agencies or organizations are unable to access residence information of citizens in the National Population Database.”.

Article 4. Amendments to Decree No. 105/2020/ND-CP dated September 8, 2020 on policies on preschool education development 

1. Point a, Clause 3, Article 7 shall be amended as follows:

“a) The parents or caregivers of the children specified at Point a, Clause 1 of this Article provide information about the children's personal identification numbers or of the parents or caregivers;

Submit a copy of one of the following documents: citizen identity card, identification card, certificate of residence information, notice of personal identification number and citizen information in the National Population Databased in case agencies or organizations are unable to access residence information of citizens in the National Population Database.”.

2. Point b, Clause 3, Article 8 shall be amended as follows:

“b) Birth certificate (Copy enclosed with the original for comparison or a certified true copy).”.

Article 5. Amendments to Clause 1, Article 19 of Decree No. 81/2021/ND-CP dated August 27, 2021 on collection and management of tuition fees for educational institutions under the national education system and the policy of tuition fee exemption and reduction, support for study expenses; service charges in the field of education and training

1. Replace the phrase "permanent residence booklet or certification of permanent residence registration by the police authority (in case the household register booklet is lost)" at Point b, Clause 1, into "citizen identity card or identification card, certificate of residence information or notice of personal identification number and citizen information in the National Population Database in case the agency or organization cannot access the residence information of citizens in the National Population Database”.

2. Point dd, Clause 1, Article 19 shall be amended as follows:

“dd) In case a student has a citizen identity card and is granted a personal identification number, information about permanent residence can be accessed from connecting and sharing population data with other educational institutions, the Committee Division of Education and Training, the Department of Education and Training, the Division of Labor, War Invalids and Social Affairs, the Committee Division of Finance, the Department of Finance, his/her parents (or guardian) are not required to submit birth certificate and proof of permanent residence.”.

Article 6. Amendments to point b clause 2 Article 7 of Decree No. 168/2016/ND-CP dated December 27, 2016 on contracting forests, gardens, and water surface area in management board of special-use forests, protection forests and state agriculture and forestry limited liability company

Point b, Clause 2, Article 7 shall be amended as follows:

“b) Application for contracting

Application form for contracting: Form 02 for individuals, households; Form 03 for community.

Village meeting minutes (for village community): stating the agreement on request for contracting; appointment of representative who enters into the contract.

Certificate of poor household, near poor household. A list of members and their personal identification numbers in the list for village community.”.

Article 7. Amendments to clause 1 Article 3 of Decree No. 100/2015/ND-CP dated October 20, 2015 on development and management of social housing

Clause 1, Article 3 shall be amended as follows:

“1. Households and individuals named in the same household registering permanent residence with information updated in the National Population Database, Residence Database as per the Law on Residence.”.

Article 8. Amendments to Article 11 of Decree No. 137/2013/ND-CP dated October 21, 2013 on elaboration of the Law on Electricity and Law on amendments to the Law on Electricity

1. Point a, Clause 1, Article 11 shall be amended as follows:

“a) The electricity purchaser must have active legal capacity as per the law, have a request for electricity purchase and residence information of the household where the electricity is purchased or supporting documents of ownership, management and use of place where the electricity is purchased;”.

2. Clause 1a shall be added to Clause 1 Article 11 as follows:

“1a. Application for purchase of electricity for daily living of the purchaser in paper or electronic form, containing; Application form for electricity purchase and one of the following documents:

a) Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database of the representative of the electricity purchaser. At a place where electricity purchase is registered, the household purchaser can only sign 01 Contract.

b) In case the household's residence information is not used at the electricity purchase location, the electricity purchaser shall provide a copy of one of the following documents: Certificate of house ownership; certificate of land use right (on land with houses); house division decision; house sales contract; house lease contract with a term of 01 year or more or other documents proving the ownership, management and use of the electricity purchase location with a term of 01 year or more to register for electricity purchase and only sign 01 Contract.".

3. Clause 4, Article 11 shall be amended as follows:

“4. The Ministry of Industry and Trade provides guidance on electricity purchase contracts for daily-life purposes.”.

Article 9. Amendments to Decree No. 99/2015/ND-CP dated October 20, 2015 on elaboration and guidelines for the Law on Housing, amended by Decree No. 30/2021/ND-CP dated March 26, 2021

1. Point c, Clause 1, Article 60 shall be amended as follows:

“c) A copy of the citizen's identity card or identification card or valid passport or military card of the person applying for house lease; and also a copy of the marriage certificate in case of husband and wife.”.

2. Point b, Clause 1, Article 69 shall be amended as follows:

“b) A copy of the citizen's identity card or identification card or valid passport or military card of the person applying for house lease; and also a copy of the marriage certificate in case of husband and wife.”.

3. Point b, Clause 1, Article 71a shall be amended as follows:

‘b) Citizen's identity card or identification card or valid passport or a document proving membership in the people’s army according to regulations of the Ministry of National Defense of the person applying for house lease; and also a copy of the marriage certificate in case of husband and wife.”.

Article 10. Amendments to certain articles of Decree No. 134/2016/ND-CP dated September 1, 2016 on elaboration and implementation of the Law on Export and Import Duties

1. Point dd, Clause 3, Article 7 shall be amended as follows:

“dd) Submit a copy of one of the following documents: Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database;”.

2. Point b, Clause 3, Article 9 shall be amended as follows:

“b) The taxpayer provides information on personal identification number or presents a laissez-passer or a citizen identity card.”.

Article 11. Amendments to point e clause 2 Article 21 of Decree No. 43/2014/ND-CP dated May 15, 2014 on elaboration and implementation of the Law on Land

Point e, Clause 2, Article 21 shall be amended as follows:

“e) citizen identity card or identity card or birth certificate; electricity, water bills and other bills showing the residential address in the registered land plot. In case it is impossible to access the residence information in the National Population Database, the certificate of residence information shall be supplemented.”.

Article 12. Amendments to point a, point b clause 2 Article 24 of Decree No. 19/2011/ND-CP dated March 21, 2021 on elaboration and implementation of the Law on Adoption

Point a, point b, Clause 2, Article 24 shall be amended as follows:

“a) Submit a copy of one of the following documents: Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database of the adoptive parent;

b) Submit a copy of one of the following documents: Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database of the adopted child;”.

Article 13. Annulling, replacing a number of phrases specified in the decrees

1. Annul the phrase "household register booklet" at point a, clause 1, Article 1 of Decree No. 150/2018/ND-CP dated November 7, 2018 on amendments to certain decrees on business investment conditions and administrative procedures in the field of information and communications.

2. Annul the phrase "during the transitional period, applicants for registration of vital records must present documents proving their residence" in Clause 1, Article 2 of Decree No. 123/2015/ND-CP dated November 15 2015 on elaboration and guidelines for the Law on Civil Status.

3. Annul the phrase "number of household register booklet (for a member being household)" and the phrase "household register booklet (for a member being household)" at Point g, Clause 3, Article 15 of Decree No. 45/2021/ND-CP dated March 31, 2021 on the establishment, organization and operation of the Cooperative Development Support Fund.

4. Annul the phrase "or household register booklet that was issued before July 1, 2021" at Point b, Clause 1, Article 116 and the phrase "or household register booklet that was issued before July 1, 2021" in Clause 1 of this Article. 3 Article 130 of Decree No. 131/2021/ND-CP dated December 30, 2021 on guidelines for the Ordinance on Incentives for people with meritorious services to the revolution.

5. Annul the phrase "household register booklet" at Point b, Clause 2, Article 15 of Decree No. 11/2021/ND-CP dated February 10, 2021 stipulating the assignment of certain sea areas to organizations and individuals for exploitation and use of marine resources.

6. Replace the phrase "the household register booklet of the entity or the written certification of the police of the commune, ward or township" at Point a, Clause 1, Article 8 of Decree No. 20/2021/ND-CP of March 15, 2021 stipulating the social assistance policy for beneficiaries of social protection into "certificate of information on residence or notice of personal identification number and citizen information in the National Population Database".

7. Replace the phrase "household booklet" in Form No. 01 and Form No. 02 of Decree No. 57/2017/ND-CP dated May 9, 2017 stipulating priority policies for enrollment and study support for preschool children, students of ethnic minorities with the phrase "citizen identity card, identification card, certificate of residence information, notice of personal identification number and citizen information in the National Population Database”.

Article 14. Using information about residence to settle administrative procedures and provide public services

1. Competent agencies, officials, public employees and individuals assigned to receive and handle administrative procedures and provide public services must use information on residence of citizens in the National Population Database to handle administrative procedures and provide public services.

2. Information about citizens' residence at the time of carrying out administrative procedures shall be recorded and kept by officials, public employees and individuals responsible for receiving and handling administrative procedures on the System of administrative procedures at ministerial and provincial levels.

The use of information on citizens' residence in the National Population Database shall be done by one of the following methods:

a) Look up and use personal information through the System of administrative procedures at ministerial and provincial levels connected to the National Population Database or through the National Public Service Portal;

b) Look up personal information through the citizen's electronic identity account displayed in the VNeID application;

c) Use a reader device that has been connected online to the National Population Database, including a QRCode reader or a chip reader on a chip-based citizen ID card;

d) Other methods as prescribed by special laws.

3. In case it is impossible to exploit citizens' residence information by the methods mentioned in Clause 2 of this Article, competent agencies, officials, public employees and individuals that are assigned to handle administrative procedures and provide public services may require citizens to submit a copy or present one of the documents proving residency information.

The request for citizens to submit copies or produce documents proving their residence information is specified in the decision on announcement of administrative procedures of the ministry, agency or local government or other notices of services of service providers.

4. Documents proving information about residence include: Citizen identity card, identification card, certification of residence information, notice of personal identification number and citizen information in the National Population Database.

Article 15. Implementation 

1. The ministers, the heads of the ministerial-level agencies, the heads of the Governmental agencies, the presidents of the People's Committees of the provinces and centrally-affiliated cities shall implement this Decree and announce administrative procedures within their scope of authority.

2. This Decree comes into force as of January 1, 2023.

3. From the effective date of this Decree, administrative procedures and public services requiring the submission and presentation of household register booklets and temporary residence register booklets shall be replaced by the use of information on residence as prescribed in Article 14 of this Decree.