Chương VI: Thông tư 55/2021/TT-BCA hướng dẫn Luật Cư trú do Bộ trưởng Bộ Công an ban hành Trách nhiệm quản lý cư trú

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.