Nghị định 62/2021/NĐ-CP hướng dẫn Luật Cư trú

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 62/2021/ND-CP	Hanoi, June 29, 2021

 

DECREE

ELABORATING TO LAW ON RESIDENCE

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;

Pursuant to Law on Residence dated November 13, 2020;

At request of Minister of Public Security;

The Government promulgates Decree on elaboration to the Law on Residence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates to Law on Residence regarding:

1. Residence of individuals living, working on ships, vessels, or other mobile vehicles.

2. Residence of individuals who lack permanent and temporary residence.

3. Documents proving legal residence, and documents proving relationship.

4. Documents and procedures for removing permanent residence.

5. Documents and procedures for removing temporary residence.

6. Development, management, and utilization of database on residence and information thereof; provision and exchange of information and documents from database on residence for agencies, organizations, and individuals.

Article 2. Regulated entities

This Decree applies to agencies, organizations, and Vietnamese nationals living in Socialist Republic of Vietnam.

Chapter II

RESIDENCE, PERMANENT RESIDENCE REGISTRATION, TEMPORARY RESIDENCE REGISTRATION

Article 3. Residence of individuals living, working on ships, vessels, or other mobile vehicles

1. Residence of individuals living, working on ships, vessels, or other mobile vehicles (hereinafter referred to as “vehicles”) shall be where the vehicles are registered or where the vehicles usually park (if the vehicles are not required to register or are registered in other places than where the vehicles are parked); except for cases where the individuals register for residence elsewhere according to Law on Residence.

2. Regular parking space of vehicles are places where the vehicles are allowed to parked and where the vehicles park for the most part in 12 consecutive months as determined by vehicle owners and registered with People’s Committees of communes or People’s Committees of districts in case commune divisions where the vehicles are parked are not established.

3. Documents on registering regular parking space of vehicles consist of:

a) Written confirmation of regular parking space of vehicles using Form under Annex attached hereto;

b) Valid Citizen Identity Cards or ID cards or passports of vehicle owners;

c) Registry certificates for vehicles that require registration. In case vehicles are not required to be registered, provide confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding use of vehicles as residence;

d) Parking space rental contracts for vehicles (if any).

Citizens may provide certified true copies or copies and original copies of registration documents to enable receiving entities to compare and examine.

4. Within 2 working days from the date on which adequate documents under Clause 3 of this Article are received, People’s Committees of communes or People’s Committees of districts in case commune division is not established shall consider and issue written confirmation of regular parking space for vehicle owners.

5. Vehicle owners shall utilize written confirmation of regular parking space of vehicles issued by People’s Committees of communes or People’s Committees of districts in case commune division is not established to register for temporary, permanent residence for themselves or other individuals living, working on vehicles and having no other residence.

6. In case vehicle owners change regular parking space of vehicles, vehicle owners must register regular parking spaces again as specified under this Decree and perform new permanent, temporary residence registration according to Law on Residence.

Article 4. Residence of individuals who lack permanent and temporary residence

1. Individuals who lack permanent, temporary residence must immediately declare residence information with residence registry authority of current residence.

In case residence registry authority detects individuals who must declare residence information, residence registry authority is responsible for guiding and requesting the individuals to declare.  Within 30 days from the date on which residence registry authority requests the individuals to declare residence information, requested individuals are responsible for performing declaration at residence registry authority.

2. Residence registry authority shall examine and verify personal record of declarant via dialogue, information collected from parents, siblings, or other relatives of the individuals; if necessary, request relevant agencies and organizations in writing to examine, verify, and provide information.

If information declared is inaccurate, residence registry authority shall request declarants to perform another declaration to verify and examine if necessary. Deadline for subsequence instances of examination and verification shall be similar to the first instance of examination and verification.

If declarants are identified to be Vietnamese nationals and information declared is found to be accurate, residence registry authority shall adopt necessary procedures to allow supervisory authority of National database on population to establish and issue personal identification number for the declarants if the declarants do not have personal identification number. Residence registry authority is responsible for updating declarant information on National database on population and notify, issue written confirmation regarding residence for declarants.

3. Contents of written confirmation regarding residence include basic information on declarants: Last name, middle name, last name, personal identification number; date of birth; gender; nationality; ethnic group; religion; hometown; current residence; date of residence declaration.

4. Individuals receiving written confirmation regarding residence are responsible for performing temporary or permanent residence registration as soon as they are eligible according to Law on Residence; if the individuals are still ineligible while having personal record changed, the individuals must declare with commune police authority which has issued the written confirmation to allow the police authority to review and update personal record onto National database on population and database on residence.

5. People’s Committees of communes shall rely on written confirmation regarding residence of individuals and information of individuals on National database on population to update civil status information and issue documents relating to personal record for the individuals within their competence.

Article 5. Documents proving legal residence

1. When a citizen registers for residence, he/she must prove legal residence by any of following documents:

a) Documents proving land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house);

b) Construction permit according to regulations and law on construction (in case constructions require construction permit and have been fully constructed);

c) Residential real estate sale agreement for houses owned by the Government or documents on liquidation of houses owned by the Government;

d) Residential real estate purchase agreements proving transfer of houses and receipt of houses of enterprises engaging in sale of constructed, invested houses;

dd) Documents regarding purchase, lease purchase, receipt of bequeathment, receipt of inheritance, receipt of capital contribution, receipt of house transfer according to regulations and law on land and houses;

e) Documents on gift of charitable houses, provision of houses, land for individuals and households;

g) Documents of courts of competent administrative agencies on permitting house ownership that are legally effective;

h) Documents bearing confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding houses, land for residential purposes that does not suffer from disputes relating to house ownership, land use right if any of the documents above are not available;

i) Documents proving registration of vehicles under his/her ownership. In case vehicles are not required to be registered, provide confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding use of vehicles as residence; Written confirmation of regular parking spaces of vehicles if registered residence is not where vehicles are registered or vehicles are not required to be registered;

k) Legal documents proving lease, rental, provision of provisional residence are documents allowing rental, lease, provision of provisional residence of agencies, organizations, and individuals according to regulations and law on land and houses;

l) Documents of agencies, organizations bearing signatures and seals of heads of agencies, organizations and proving provision, use of houses, transfer of houses, owning houses established on land assigned by agencies, organizations for residential purposes (for houses and land under management of agencies, organizations).

2. In case a citizen registers for temporary residence in rented, leased, provisional residence according to Clause 3 Article 20 of Law on Residence, provide documents proving adequate house area for temporary residence registration as per the law.

Documents proving adequate house area for temporary residence registration consist of: Certificate for land use rights, house ownership displaying information on house area in use or confirmation of People's Committees of communes, People’s Committees of districts in case commune division is not established regarding adequate average area according to regulations of People's Councils of provinces and central-affiliated cities and provinces.

3. In case proof regarding legal residence of citizens has been included in specialized database which has been connected and shared with residence registry authority, residence registry authority shall examine, verify and do not request citizens to provide written proof.

Article 6. Documents proving personal relationship

1. Documents proving personal relationship under Point a Clause 2 Article 20 of Law on Residence consist of:

a) Documents proving marital relationship: Marriage certificate; marital status confirmation; confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

b) Documents proving parental relationship: Birth certificate; adoption certificate or decision; decision on acknowledging foster parents, children; confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside; Valid passports containing information on parental relationship; decisions of courts, civil status registry excerpts or documents of medical authority, expertise assessment authority, other competent agencies capable of verifying parental relationship.

2. Documents proving personal relationship under Point b and Point c Clause 2 Article 20 of Law on Residence consist of:

a) Documents proving sibling relationship: Birth certificate, confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

b) Documents proving grandparent, uncle, aunt, sibling, guardian relationship: Decision on assigning guardian; confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding personal relationship;

c) Documents proving absence of parents: Death certificate of parents, decisions of courts declaring missing or deceased parents, confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding deceased parents;

d) Documents proving the elderly status: Birth certificate, Citizen Identity Cards or ID Cards or passports; Social insurance registry, health insurance card or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding date of birth;

dd) Documents proving persons with very severe disabilities, persons with severe disabilities, persons lacking working capacity, persons suffering from mental illnesses which cause loss of awareness or behavioral control: Certificate of medical facilities of districts or higher or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside;

e) Documents proving juvenile status consist of: Birth certificate, Citizen Identity Cards or ID Cards, passports, social insurance record, health insurance card or confirmation of People’s Committees of communes or People’s Committees of districts where commune division is not established where the citizens reside regarding date of birth.

3. In case information proving personal relationship of a citizen has been included on National database on population of specialized database, residence registry authority shall not request the citizen to provide documents proving personal relationship.

Article 7. Documents and procedures for removing permanent residence

1. Within 1 day from the date on which decisions on removing permanent residence registration of heads of direct superior authority are received or from the date on which decisions on removing permanent residence registration for citizens are issued, residence registry authority shall remove permanent residence registration for citizens and update on removed permanent residence registration on National database on population and database on residence.

2. Except for cases under Clause 1 of this Article, within 7 days from the date on which a household member is subject to removal of permanent residence registration, household members or representatives of the household are responsible for submitting documents for adopting procedures for removing permanent residence registration to residence registry authority. Documents on removing permanent residence registration consist of: Declaration on change of residence information and documents proving eligibility for removing permanent residence registration.

3. Supervisory agencies of individuals learning, working in people’s armed forces shall request local residence registry authority to remove permanent residence registration of their subordinates. Written request must specify full name; Citizen Identity Card number or ID Card number of subject of permanent residence registration removal; reason for removal of permanent residence registration.

4. Within 5 working days from the date on which adequate documents are received, residence registry authority shall remove permanent residence registration for citizens and update the removal on National database on population and database on residence.

5. Residence registry authority shall remove permanent residence registration for citizens upon identifying the citizens to be among cases of individuals having removed permanent residence registration. Prior to removing permanent residence registration, residence registry authority shall issue notice on removal of permanent residence registration to the citizens or representatives of households and allow the recipients to submit documents for removal of permanent residence registration as specified under Clause 2 of this Article.

If citizens or their household members do not submit documents for removing permanent residence registration within 7 days from the date on which residence registry authority notifies, residence registry authority shall produce record on failure to follow up with procedures for permanent residence registration removal and remove permanent residence registration.  Residence registry authority shall inform citizens or their household members about removal of permanent residence registration once the removal has been completed.

Article 8. Documents and procedures for removing temporary residence

1. Within 1 day from the date on which decisions on removing temporary residence registration of heads of direct superior authority are received or from the date on which decisions on removing temporary residence registration for citizens are issued, residence registry authority shall remove temporary residence registration for citizens and update on removed temporary residence registration on National database on population and database on residence.

2. Except for cases under Clause 1 of this Article, within 7 days from the date on which a household member is subject to removal of temporary residence registration, household members or representatives of the household are responsible for submitting documents for adopting procedures for removing temporary residence registration to residence registry authority. Documents on removing temporary residence registration consist of: Declaration on change of residence information and documents proving eligibility for removing permanent residence registration.

3. Supervisory agencies of individuals learning, working in people’s armed forces shall request local residence registry authority to remove temporary residence registration of their subordinates. Written request must specify full name; Citizen Identity Card number or ID Card number of subject of temporary residence registration removal; reason for removal of temporary residence registration.

4. Within 2 working days from the date on which adequate documents are received, residence registry authority shall remove temporary residence registration for citizens and update the removal on National database on population and database on residence.

5. Residence registration authority shall remove temporary residence registration for citizens upon identifying the citizens to be among cases of individuals having removed citizen residence registration. Prior to removing temporary residence registration, residence registration authority shall issue notice on removal of temporary residence registration to the citizens or representatives of households and allow the recipients to submit documents for removal of temporary residence registration as specified under Clause 2 of this Article.

If citizens or their household members do not submit documents for removing temporary residence registration within 7 days from the date on which residence registry authority notifies, residence registry authority shall produce record on failure to follow up with procedures for temporary residence registration removal and remove temporary residence registration.  Residence registry authority shall inform citizens or their household members about removal of temporary residence registration once the removal has been completed.

Chapter III

DATABASE ON RESIDENCE

Article 9. Information of citizens in database on residence

Information of citizens in database on residence includes:

1. Residence document number.

2. Permanent residence, initial date of temporary residence; reason and date of permanent residence removal.

3. Temporary residence, initial date of temporary residence; reason and date of temporary residence removal.

4. Declaration of temporary absence and duration of temporary absence.

5. Current residence, initial date of stay in current residence.

6. Accommodations, duration of accommodation.

7. Full name, personal identification number or ID Card number of household owners and members.

8. Relationship with household owners.

9. Personal identification number.

10. Full name according to birth certificate.

11. Date of birth.

12. Gender.

13. Place of birth declaration.

14. Hometown.

15. Ethnic group.

16. Religion.

17. Nationality.

18. Marital status.

19. Blood group, when citizens request update and present tests identifying their blood group.

20. Full name, personal identification number of ID Card number, nationality of parents, spouses, or legal representatives.

21. Date of death or going missing.

22. ID Card number, date and place of issue; date and place of issue of Citizen Identity Card.

23. Other known full name.

24. Occupation (other than people’s armed forces).

25. Criminal record.

26. Violation record.

27. Adopted intervention.

28. Guardian.

29. Contact information (phone number, fax, email, mailing address).

30. Number, name of competent agency, competent individual capable of issuing and date of issue of documents allowing naturalization of Vietnamese nationality, renunciation of Vietnamese nationality, cancellation of decisions on naturalization of Vietnamese nationality.

31. Number, date of issue, agencies issuing wanted decisions.

32. Other citizen information integrated and shared from other databases.

Article 10. Database on residence

1. Database on residence shall be managed by Ministry of Public Security and connected consistently with police authorities of provinces, districts, and communes.

2. Development of database on residence consists of:

a) Allocating premises, constructing structures, installing machinery and equipment;

b) Equipping necessary equipment;

c) Upgrading network infrastructure;

d) Organizing database; developing residence management, registration software;

dd) Collecting, standardizing and entering data;

e) Storing, backing up, synchronizing data, recovering data; guaranteeing security and safety for information in database;

g) Training and improving officials managing, and operating database;

h) Operating, calibrating, maintaining, and preserving database;

i) Other activities as per the law.

Article 11. Information sources, request and order of collecting, updating citizen information in database on residence

1. Citizen information shall be collected and updated in database on residence from:

a) National database on population, database on Citizen Identity Cards, electronic database on civil status, other national databases and specialized databases shared with database on residence;

b) Documents and records regarding residence registration and management; record of residence registry, residence registration and management documents; record of Citizen Identity Cards; civil status documents.

2. Collection and update of citizen information to database on residence must satisfy following requirements:

a) Citizen information shall only be collected and updated to database on residence after being verified;

b) In case citizen information is collected and updated from multiple sources and is inconsistent, upon collecting and updating citizen information, police authorities of communes or districts in case commune division is not established are responsible for cooperating with civil registry authority, relevant agencies or the citizens to examine legitimacy of the information and for the information prior to collection and update to database on residence;

c) Citizen information that has been collected and updated to database on residence must be fully stored and displaying past updates and revisions.

3. Citizen information shall be collected and updated in database on residence in following order:

a) Citizen information is collected and updated from National database on population, Database on Citizen Identity Cards, documents and records regarding residence registration and management; record of residence registry, residence registration and management documents; record of Citizen Identity Cards;

b) In case sources under Point a of this Clause are unavailable or insufficient, collect and update from database on civil status, civil status documents, other national databases and specialized databases shared with database on residence.

Article 12. Information of citizens in database on residence

1. Police authorities of communes or districts if commune division is not established are responsible for updating residence information of citizens registering for temporary residence, permanent residence within their competence on database on residence and National database on population.

2. Revision to citizen information on database on residence refers to revision to citizen information in case of any change or error during collection, update, management of citizen information in database.

3. Principles of revising citizen information:

a) Only revise citizen information upon detecting any change or error during collection, update, management of citizen information on database on residence;

b) Obtain documents of competent authority regarding revision to citizen information related to information on database on residence;

c) Only competent individuals under Clause 4 of this Article are allowed to revise citizen information.

4. Heads of police authorities of communes or districts in case commune division is not established are responsible for examining legitimacy and accuracy of information before revising information in database on residence and deciding on revision to citizen information on database and assume responsibilities for the revision.

Article 13. Connection, sharing, provision, sharing of information and document in database on residence

1. Database on residence shall be connected and shared with National database on population and database on Citizen Identity Cards. Based on personal identification number of citizens, citizen information on database on residence shared to National database on population consists of:

a) Permanent residence;

b) Temporary residence;

c) Temporary absence declaration;

d) Current residence;

dd) Full name, personal identification number or ID Card number of household owners and members;

e) Relationship with household owners.

2. Database on residence is connected and shared with other databases as decided by Minister of Public Security on the basis of supervisory agencies of said databases.

Agencies that propose connection and sharing with database on residence shall submit written request to Ministry of Public Security which specifies functions, tasks, powers and scope, purposes of shared information.

3. Cases where provision and exchange of information and data in database on residence are permitted:

a) Proceeding agencies may be provided, exchange information and documents on database n residence to serve investigation, prosecution, and trials;

b) Supervisory agencies of specialized databases, regulatory authorities, political organizations, socio-political organizations may be provided, exchange information and data in database on residence to serve management affairs within their functions, tasks, and powers;

c) Citizens may be provided and exchange their information on database on residence;

d) Agencies, organizations, and citizens not specified under Points a, b, and c of this Clause who request to be provided with and exchange information, documents on database on residence of other citizens must obtain verified written consent of the information owners and consent of heads of police authorities of communes or districts in case commune division is not established where the information owners register for temporary residence or permanent residence.

4. Procedures for providing and exchanging information and data in database on residence:

a) Agencies, organizations, and individuals under Clause 3 of this Article that request provision, exchange of information and documents on database on residence must provide written request which specifies purpose and details of information requested for provision and exchange. Cases under Point d Clause 3 of this Article require verified written consent of information owners;

b) Within 2 working days from the date on which written request for provision of information is received, heads police authorities of communes or districts in case commune division is not established where information owners register for temporary residence or permanent residence shall consider and allow provision, exchange of information and documents in database on residence. In case of rejection, respond requesting agencies, organizations, individuals in writing and specify reasons.

Article 14. Use, backup, recovery of residence data

1. Use of citizen information on database on residence must guarantee government secret, personal secret, family secret and private life of citizens. Agencies, organizations, and individuals using residence information of citizens to perform assigned functions, tasks, powers or process administrative procedures.

2. Backing up residence data is recurrent task of supervisory agencies of database on residence to maintain integrity of database on the system.

3. Recovering residence data refers to recovery of data to the moment prior to data being damaged, defective, or inappropriately revised. Residence data must be recovered when data is destroyed, attacked or illegally accessed.

Chapter IV

IMPLEMENTATION

Article 15. Entry into force

This Decree comes into force from July 1, 2021 and replaces Decree No. 31/2014/ND-CP dated April 18, 2014 elaborating to Law on Residence.

Article 16. Responsibilities for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities are responsible for implementation of this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Pham Minh Chinh