Thông tư 55/2021/TT-BCA hướng dẫn Luật Cư trú do Bộ trưởng Bộ Công an ban hành

MINISTRY OF PUBLIC SECURITY --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 55/2021/TT-BCA	Hanoi, May 15, 2021

 

CIRCULAR

ELABORATING RESIDENCE LAW

Pursuant to the Residence Law dated November 13, 2020;

Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions, duties, powers and organizational structure of the Ministry of Public Security;  

At the request of Head of Police Department of Social Order Administrative Management;

The Minister of Public Security hereby promulgates a Circular elaborating the Residence Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for permanent residence registration; temporary residence registration; stay notification; temporary absence declaration and residence information verification; registration of permanent residence and temporary residence at work stations for persons studying or working in police forces; and responsibility for residence management.

Article 2. Regulated entities

1. Police authorities.

2. Officials and soldiers of police forces.

3. Other regulatory bodies, organizations and individuals involved in residence registration.

Article 3. Receipt of applications for residence registration and announcement of results thereof

1. Applications for residence registration shall be directly received at offices of residence registration authorities (hereinafter referred to as “registration authorities”) or via the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management.

2. Applicants submitting their applications directly may submit certified copies or copies issued from the master registers (hereinafter referred to as “copies”) or photocopies together with their authentic copies for comparison. In case an applicant submits a photocopy together with its authentic copy, the application recipient shall inspect and compare the photocopy with its authentic copy and countersign and shall not request the applicant to submit a copy of such document.

3. Applicants submitting their applications via the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management shall declare information and attach scans or photocopies of necessary documents according to regulations. Citizens shall present the authentic copies of provided documents at the request of residence registration personnel.

4. Announcement of results of permanent residence registration, temporary residence registration, temporary residence extension, residence information declaration, residence information revision, household division and temporary absence declaration shall be carried out in writing or via emails, text messages, websites of registration authorities, electronic applications, national public service portal, public service portal of the Minister of Public Security or public service portal for residence management.

5. Registration authorities have the right to reject applications for residence registration and residence information verification and not refund paid charges if it is found that the documents provided by the applicants have been edited or forged.

Article 4. Receipt and handling of reports on residence of citizens, households, regulatory bodies and organizations 

1. Registration authorities shall receive and handle reports and propositions on residence from citizens, households, regulatory bodies and organizations within their competence.

2. Reports on residence of citizens, households, regulatory bodies and organizations may be received in the following ways:

a) Directly at offices of registration authorities;

b) Via phone numbers and hotlines posted by registration authorities;

c) Via suggestion boxes and emails posted by registration authorities;

d) Via the web portal of the Government, web portal of the Ministry of Public Security and public service portal for residence management;

dd) Via websites of police authorities;

e) Via mass media.

3. Registration authorities must record reports from citizens, households, regulatory bodies and organizations, including time, location, content and developments of events concerning organizations and individuals. Request citizens, households, regulatory bodies and organizations reporting directly at offices of registration authorities or via phone numbers or hotlines to provide their full names, addresses and phone numbers so that registration authorities can reply to them in writing where necessary.

Registration authorities shall keep reports from citizens, households, regulatory bodies and organizations confidential upon request.

Article 5. Cases temporarily ineligible for change of place of residence

1. Persons mentioned in Points a, b and c Clause 2 Article 4 of the Residence Law shall be temporarily ineligible to change their places of residence while their right to freedom of residence is restricted, unless the competent authority gives the permission for such change in writing and it falls under the case provided for in Clause 3 of this Article.

2. Persons living at locations or in areas currently placed under quarantine for epidemic prevention and control or due to declaration of state of emergency by the competent authority or person shall be temporarily ineligible to change their places of residence from the start to the end of such quarantine measure.

3. Persons currently imposed a residence ban shall be temporarily ineligible to register locations where they are banned from residing as their places of residence until the ban is fully served or they obtain a written permission from the authority imposing the ban.

Article 6. Determination of relationships with household heads and handling of some residence registration cases 

1. For residence registration applicants who do not have information in the residence database and national population database, registration authorities shall collect, check, verify and update their residence information as prescribed by law.

2. Registration authorities which make a mistake when collecting or updating information to the residence database must check and revise the information as appropriate to information in residence registration applications.

3. A citizen who moves to a place of residence located in the same commune-level administrative unit as their place of permanent residence shall visit the registration authority to update information on their current place of residence in the residence database if the new place cannot be registered as place of permanent residence.

4. Relationships between the members and the head of a household shall be determined as follows: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child; paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological older brother, biological older sister, biological younger sibling, biological niece/ nephew; paternal great-grandfather/ great-grandmother, maternal great-grandfather/ great-grandmother, biological uncle, biological aunt, biological great-grandchild; guardian, persons staying without paying rent, borrowing or renting the place of residence.

Chapter II

PERMANENT RESIDENCE REGISTRATION

Article 7. Registration of folk religious establishments and religious establishments as permanent residence

1. The head of a household living in a lawful place of residence in a folk religious establishment or religious establishment shall be a person who is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment or represents the folk religious establishment or is assigned to directly oversee and organize religious activities in the folk religious establishment by the representative or management board of the folk religious establishment.

2. Documentary proof of being a dignitary, sub-dignitary, monastic or a person involved in religious practices and permitted to work in a religious establishment includes any of the following documents: notification of ordination or election as dignitary; notification of results of sub-dignitary appointment or election; notification of transfer of dignitary, sub-dignitary or monastic or another document according to regulations of law on folk religions and religions.

3. Documentary proof of being the representative of a folk religious establishment shall be the document recognizing the holder as the representative of the folk religious establishment or member of the management board of the commune-level People’s Committee.

Article 8. Registration of social support facilities as permanent residence

1. The permanent registration application by the head of a social support facility for a person receiving care and support shall include the following basic information of this person: last name, middle name and first name; date of birth; sex; native place; ethnic group; religion; personal identification number; occupation, workplace; place of permanent residence; place of temporary residence.

2. Written confirmation of the care and support given includes any of the following documents: confirmation of care by the Commune-level People’s Committee; receipt decision by head of the social support facility; support decision by the district-level People’s Committee or another document per the law.

Article 9. Permanent residence registration involving foreign elements 

1. Foreigners granted Vietnamese citizenship must have a decision granting Vietnamese citizenship of the President of Vietnam when they apply for permanent residence registration for the first time.

2. For Vietnamese citizens who reside overseas and enter Vietnam using a Vietnamese passport, their permanent registration applications must include the Vietnamese passports that they use to enter Vietnam most recently.

3. For Vietnamese citizens who reside overseas and use passports or other documents replacing passports issued by foreign countries to enter Vietnam, their permanent residence registration must have documentary proof of Vietnamese citizenship according to Vietnamese law on nationality and written acceptance of permanent residence registration by the immigration authorities mentioned in Article 12 herein.

Article 10. Revision of residence information in residence database

1. In case of change of household head, the household head to be replaced must give their consent in the declaration of change to residence information (unless they have given their consent in writing) or household head election agreement of household members or document deciding household head of the Court must be provided. In case the household head is deceased or missing or lacks legal capacity, besides household head election agreement of household members, a death certificate or the Court’s decision declaring that the household head is deceased or missing or lacks legal capacity must be provided.

2. In case of change to civil status information compared to information in the residence database, documentary proof of permission for such change from the competent civil registration authority must be provided. If information on the change is already available in the electronic civil status database, such documentary proof is not required.

3. In case of change to address of place of residence due to change to administrative unit boundaries, administrative unit name, name of street, neighborhood, village, commune or hamlet, or house number, the competent residence management authority shall update the address in the residence database based on the document on change to administrative unit boundaries, administrative unit name, name of street, neighborhood, village, commune or hamlet, or house number from the competent authority.

Article 11. Annulment of permanent residence registration

1. In case permanent residence is not registered intra vires, with all conditions fulfilled or for the eligible persons according to regulations in the Residence Law, the authority having carried out such registration shall issue a decision to annul the registration. Complicated cases shall be reported to head of the supervisory unit of the authority having carried out the registration for consideration and decision on annulment of the registration.

2. Within 01 working day starting from the date of receipt of a decision on annulment of permanent residence registration, the authority having carried out the registration shall update the annulment to the residence database and notify the authority managing the residence document archive; and  provide a written explanation for the relevant citizen.

Article 12. Granting written permission for permanent residence registration from immigration authority

1. The applicant for written permission for permanent residence registration shall submit an application to the immigration authority affiliated to police authority of the province or central-affiliated city where they apply for permanent residence registration or Vietnam Immigration Department affiliated to the Ministry of Public Security.

The applicant may receive the application result where they submit the application or by post.

2. An application for written permission for permanent residence registration includes:

a) Application for written permission for permanent residence registration;

b) Copy (submitted together with its authentic copy for comparison) of the passport or document replacing passport issued by a foreign country used to enter Vietnam most recently;

c) Copy (submitted together with its authentic copy for comparison) of a documentary proof of Vietnamese nationality according to Vietnamese law on nationality.

3. If the application is submitted to the immigration authority affiliated to police authority of the province or central-affiliated city where the applicant applies for permanent residence registration, within 20 days from the date of receipt of an adequate and valid application, the abovementioned authority shall verify the application and send a request for acceptance of permanent residence registration (together with the application) to Vietnam Immigration Department affiliated to the Ministry of Public Security.

Within 20 days from the date of receipt of the request for acceptance of permanent residence registration (together with the application) from the immigration authority affiliated to police authority of the province or central-affiliated city, Vietnam Immigration Department shall assess and grant written acceptance of permanent residence registration to the applicant and notify the result to the residence registration authority and immigration authority affiliated to police authority of the province or central-affiliated city. If the request is rejected, a written explanation must be provided.

4. If the application for written permission for permanent residence registration is submitted to Vietnam Immigration Department affiliated to the Ministry of Public Security, within 40 days from the date of receipt of an adequate and valid application, Vietnam Immigration Department shall verify and assess the application and grant written permission for permanent residence registration to the applicant and notify the result to the residence registration authority and immigration authority affiliated to police authority of the province or central-affiliated city. If the application is rejected, a written explanation must be provided.

5. Within 12 months after the date on which the written permission for permanent residence registration is granted, the citizen shall apply for permanent residence registration with the registration authority.

6. Registration authorities shall notify permanent residence registration results of the cases mentioned in Clause 3 Article 9 herein to Vietnam Immigration Department to have documents that may be used for entry, exit and residence and are issued according to foreign passports of these cases by competent Vietnamese authorities disposed of or revoked.

Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 13. Temporary residence registration 

1. Citizens who move to a place of residence besides their registered places of temporary residence shall apply for temporary residence registration. If the new place of residence is located in the same commune-level administrative unit as the registered place of permanent residence, comply with regulations in Clause 3 Article 6 herein.

2. Students living in dormitories and student housing; workers living worker housing; children, persons with disabilities and helpless persons taken in by folk religious establishments and religious establishments; and persons receiving care and support in social support facilities may apply for temporary residence registration via the management units of these facilities.

The management unit of each facility shall formulate and submit list of persons temporarily residing in its facility together with a declaration of change to residence information of each person and applications for temporary residence registration, which must include information on lawful place of residence, and the registration authority shall update temporary residence information to the residence database. The list shall comprise the following basic information of each person: last name, middle name and first name; date of birth; sex; personal identification number; and temporary residence duration.

Article 14. Annulment of temporary residence registration

1. In case temporary residence is not registered intra vires, with all conditions fulfilled or for the eligible persons according to regulations in Article 35 of the Residence Law, the authority having carried out such registration shall issue a decision to annul the registration. Complicated cases shall be reported to head of the supervisory unit of the authority having carried out the registration for consideration and decision on annulment of the registration.

2. Within 01 working day starting from the date of receipt of a decision on annulment of temporary residence registration, the authority having carried out the registration shall update the annulment to the residence database and provide a written explanation for the relevant citizen.

Chapter IV

STAY NOTIFICATION, TEMPORARY ABSENCE DECLARATION AND RESIDENCE INFORMATION VERIFICATION

Article 15. Stay notification 

1. Stay notifications may be given in any of the following ways:

a) Directly at offices of registration authorities or stay notification receipt locations designated by registration authorities;

b) Via phone numbers or emails posted by registration authorities;

c) Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

d) Via applications for electronic devices.

2. Registration authorities shall notify or publish their addresses, phone numbers, emails and websites, addresses of the national public service portal, public service portal of the Ministry of Public Security and public service portal for residence management and names of electronic applications receiving stay notifications.

3. When someone comes to stay with a household or at a healthcare establishment, tourist accommodation establishment or other types of lodging, a member of the household or the representative of the establishment shall request the person to present one of the legal documents containing their personal identification number as per the law and notify their stay with the registration authority in any of the ways mentioned in Clause 1 herein.

4. Citizens may stay for as long as they wish but shall not stay longer than 30 days. Stay notification recipients shall update stay notifications to the residence database.

Article 16. Temporary absence declaration

1. Temporary absence declaration for the cases mentioned in Point c and Point d Clause 1 Article 31 of the Residence Law may be made in any of the following ways:

a) Directly at offices of registration authorities or temporary absence declaration receipt locations designated by registration authorities;

b) Via phone numbers or emails posted by registration authorities;

c) Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

d) Via applications for electronic devices.

2. Registration authorities shall notify or publish their addresses, phone numbers, emails and websites, addresses of the national public service portal, public service portal of the Ministry of Public Security and public service portal for residence management and names of electronic applications receiving temporary absence declarations.

Article 17. Residence information verification

1. Citizens wishing to have their residence information verified may visit registration authorities across the country regardless of their places of residence to request such verification or send a request for residence information verification via the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management.

2. Residence information that may be verified includes residence registration time, location and type. Residence information verification shall be valid for 06 months starting from the date on which the verification is made for the cases mentioned in Clause 1 Article 19 of the Residence Law if residence declaration is verified and valid for 30 days starting from the date on which the verification is made if residence information is verified. In case residence information of a citizen has changed and the change is updated to the residence database, residence information verification shall become invalid from the time of such change.

3. Within 03 working days, the registration authority shall verify residence information in writing (with signature and stamp of head of the registration authority) or via electronic documents (with digital signature of head of the registration authority) at the request of the citizen.

4. In case a piece of information on an individual or a household needing to be verified is not yet updated to the residence database, the registration authority shall provide the citizen with instructions on revision of residence information in the residence database according to regulations in Article 26 of the Residence Law.

Chapter V

REGISTRATION OF PERMANENT RESIDENCE AND TEMPORARY RESIDENCE AT WORK STATIONS FOR PERSONS STUDYING OR WORKING IN POLICE FORCES

Article 18. Permanent residence registration for persons studying or working in police forces

1. Professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers and public security workers may register their work stations as their permanent residence under the following conditions:

a) They live in their work stations in a long-term and stable manner;

b) Their work stations have living quarters for officials and soldiers.

2. Application for permanent residence registration includes:

a) Declaration of change to residence information;

b) Letter of introduction from head of supervisory unit confirming that the letter is for permanent residence application and the work station has living quarters for officials and soldiers (with signature and stamp).

3. Professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers and public security workers who have registered their permanent residence according to regulations in Clause 1 of this Article and then moved to a lawful place of residence outside of their work stations and are eligible for permanent residence registration shall apply for permanent residence registration according to regulations of the Residence Law and guidelines in this Circular. The application shall be formulated according to regulations in Article 21 of the Residence Law and submitted together with a letter of introduction from head of supervisory unit (with signature and stamp).

Article 19. Temporary residence registration for persons studying or working in police forces

1. Professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers and public security workers working and living in work stations of police forces; conscripted non-commissioned officers and conscripted soldiers living in work stations of police forces; and students living in police schools may register their work stations as their temporary residence under the following conditions:

a) They live in their work stations located outside of their places of permanent residence for a definite period of time;

b) Their work stations have living quarters for officials, soldiers and students.

2. Application for temporary residence registration includes:

a) Declaration of change to residence information;

b) Letter of introduction from head of supervisory unit confirming that the letter is for temporary residence application and the work station has living quarters for officials and soldiers (with signature and stamp).

3. Students of police schools, conscripted non-commissioned officers and conscripted soldiers shall register their temporary residence via their supervisory units.

The supervisory unit shall formulate and submit list of persons temporarily residing in its facility together with a declaration of change to residence information of each person and applications for temporary residence registration, which must include information on lawful place of residence, and the registration authority shall update temporary residence information to the residence database. The list shall comprise the following basic information of each person: last name, middle name and first name; date of birth; sex; personal identification number; and temporary residence duration.

4. At least 15 days before the end of the registered temporary residence duration or maximum temporary residence duration mentioned in Clause 2 Article 27 of the Residence Law, persons having registered for temporary residence shall extend their temporary residence with the registration authority. The application for temporary residence extension shall be formulated according to regulations in Clauses 2 and 3 of this Article.

Article 20. Annulment of permanent residence registration and temporary residence registration

Supervisory units of persons working or studying in work stations of police forces shall, on a quarterly basis, send lists and applications for annulment of permanent residence registration and temporary residence registration for persons whose residence registration is to be annulled according to regulations in Article 24 and Article 29 of the Residence Law to registration authorities of the localities where the work stations are located to have the registration annulled as per the law.

Chapter VI

RESPONSIBILITY FOR RESIDENCE MANAGEMENT

Article 21. Responsibilities of Police Department of Social Order Administrative Management

1. Advise on formulation of legislative documents on residence within its competence and propose these documents to the Minister of Public Security for promulgation;

2. Assist the Minister of Public Security with directing, providing guidance for, inspecting and expediting police authorities to implement regulations on residence registration and management;

3. Update residence information to the national population database and residence database;

4. Provide plans for promoting and organizing implementation of the Residence Law, this Circular and relevant legal documents for police authorities at all levels;

5. Provide guidance on use of forms, documents, records and books concerning residence registration and management as per regulations of the Ministry of Public Security in a consistent manner throughout the country; advise the Minister of Public Security on providing police authorities with equipment for residence registration and management.

6. Provide training and refresher courses for persons in charge of residence registration. Provide guidance on use of residence software for residence registration operations;

7. Organize preliminary summarization, final summarization and experience-learning meetings for residence registration and management operations throughout the country; apply information technology in residence registration and management and develop the residence database;

8. Report on the situation and propose solutions for difficulties, violations and issues arising during residence registration and management to the Minister of Public Security;

9. Consolidate residence data and situations across the country;

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

11. Suspend implementation of or annul regulations of local police, regulatory bodies, organizations and People’s Committees at all levels that are inconsistent with regulations of this Circular within its competence or propose such suspension and annulment to the competent authority.

Article 22. Responsibilities of police authorities of provinces and central-affiliated cities

1. Take responsibility before the Ministry of Public Security and People’s Committees of provinces and central-affiliated cities for directing, providing guidance for, inspecting and organizing implementation of regulations on residence management in provinces and cities under their management.

2. Process and standardize available data on local populations and residence to update the residence database and national population database.

3. Cooperate with local ministries and communications authorities in raising awareness of residence law.

4. Report on the situation and solutions for difficulties arising during local residence management to the Ministry of Public Security and People's Committees of provinces and central-affiliated cities and propose research on and amendment to legal documents on residence to the competent authority.

5. Provide training and refresher courses, propose payroll for officials in charge of residence registration and management in areas under their management. Organize preliminary summarization and final summarization and produce statistics on residence registration and management and residence database in areas under their management and report to the Ministry of Public Security.

6. Inspect, settle complaints and denunciations, and handle violations against regulations on residence.

7. Direct, inspect and provide guidance on residence registration and management by district-level police authorities; manage, operate and use the residence database.

8. Perform other residence management tasks as per regulations of the Minister of Public Security.

Article 23. Responsibilities of district-level police authorities

1. Take responsibility before police authorities of their provinces and central-affiliated cities and People’s Committees of their districts for directing, providing guidance for, inspecting and organizing implementation of regulations on residence management in their districts.

2. Collect and update information on citizens to the residence database and national population database within their competence.

3. Direct, inspect and provide guidance on residence registration and management by commune-level police authorities; manage, operate and use the residence database.

4. Cooperate with local ministries and communications authorities in raising awareness of residence law.

5. Propose payroll for officials in charge of residence registration and management in areas under their management. Organize preliminary summarization and final summarization and produce statistics on residence registration and management and residence database in areas under their management.

6. Report to police authorities of their provinces and central-affiliated cities and People’s Committees of their districts on the situation and solutions for difficulties arising during residence management in their districts.

7. Inspect, settle complaints and denunciations, and handle violations against regulations on residence within their competence.

8. Police authorities of districts where there is no commune-level administrative unit shall hold the responsibilities provided for in Article 33 of the Residence Law.

9. Perform other residence management tasks as per regulations of supervisory police authorities.

Article 24. Responsibilities of commune-level police authorities

1. Hold the responsibilities defined in Article 33 of the Residence Law.

2. Collect and update information on citizens to the residence database and national population database within their competence.

3. Perform other residence management tasks as per regulations of supervisory police authorities.

Article 25. Residence inspection 

1. Residence inspections shall be performed on a periodic and ad hoc basis and for the purposes of crime prevention and security and public order protection.

2. Entities and locations subject to residence inspection shall be citizens, households, dormitories, student housing, worker housing, houses where people rent, borrow or stay without rent of organizations and individuals, folk religious establishments, religious establishments, social support facilities, healthcare establishments, tourist accommodations and other types of lodgings; registration authorities at all levels; and regulatory bodies and organizations involved in residence management.

3. Inspection contents include performance of tasks concerning residence registration and management, collection, update and use of residence information in the residence database; exercising of rights and fulfillment of responsibilities of citizens, households, regulatory bodies and organizations; and other tasks according to residence law.

4. Residence registration and management authorities shall inspect compliance with residence law of relevant organizations, regulatory bodies, households and citizens. They may mobilize persons in charge of security in facilities, regulatory bodies, enterprises and organizations for this task. Superior authorities must cooperate with subordinate registration authorities in inspection.

Chapter VII

IMPLEMENTATION

Article 26. Effect and transitional regulations

1. This Circular takes effect from July 01, 2021 and supersedes Circular No. 35/2014/TT-BCA and Decree No. 31/2014/ND-CP.

2. When a citizen carries out a procedure for permanent residence registration, change to information in the residence database, household division, annulment of permanent residence registration, temporary residence registration, temporary residence extension or annulment of temporary residence registration that changes information in their family registry or temporary residence registry, the registration authority shall revoke the issued family registry or temporary residence registry, update information in the residence database in compliance with regulations of the Residence Law and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence registry to the citizen.

3. Registration authorities shall deposit revoked family registries together with residence registration documents in residence document archives and retained revoked temporary residence registries as prescribed by law.

Article 27. Implementing responsibilities

1. Regulatory bodies and organizations shall implement this Circular within their competence.

2. Head of Police Department of Social Order Administrative Management shall advise the Minister of Public Security on implementation of this Circular; consolidate plans and report on implementation of this Circular by police authorities; provide guidance on and inspect implementation of this Circular by professional forces and police authorities.

3. Heads of police authorities of provinces and central-affiliated cities shall organize the implementation of this Circular; reinforce citizen meeting facilities, publish regulations on residence registration and management; review and appoint officials in charge of residence registration and management; provide guidelines for and inspect implementation of this Circular by professional forces and police authorities.

4. Heads of entities affiliated to the Ministry of Public Security and heads of police authorities of provinces and central-affiliated cities shall implement this Circular;

Any difficulty arising during the implementation of this Circular should be reported to the Ministry of Public Security (via Police Department of Social Order Administrative Management) for timely guidance./.

 

THE MINISTER General To Lam