Chương II: Thông tư 55/2021/TT-BCA hướng dẫn Luật Cư trú do Bộ trưởng Bộ Công an ban hành Đăng ký thường trú

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.