Chương III Nghị định 62/2021/NĐ-CP hướng dẫn Luật Cư trú: Cơ sở dữ liệu về cư trú

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.