Chương I: Thông tư 55/2021/TT-BCA hướng dẫn Luật Cư trú do Bộ trưởng Bộ Công an ban hành Những quy định chung

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.