Thông tư 66/2023/TT-BCA sửa đổi Thông tư 55/2021/TT-BCA hướng dẫn Luật Cư trú; Thông tư 56/2021/TT-BCA quy định về biểu mẫu trong đăng ký, quản lý cư trú; Thông tư 57/2021/TT-BCA quy định về quy trình đăng ký cư trú do Bộ trưởng Bộ Công an ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 55/2021/TT-BCA DATED MAY 15, 2021 OF THE MINISTER OF PUBLIC SECURITY ON ELABORATION OF RESIDENCE LAW; CIRCULAR NO. 56/2021/TT-BCA DATED MAY 15, 2021 OF THE MINISTER OF PUBLIC SECURITY ON FORMS USED FOR RESIDENCE REGISTRATION AND MANAGEMENT; AND CIRCULAR NO. 57/2021/TT-BCA DATED MAY 15, 2021 OF THE MINISTER OF PUBLIC SECURITY ON PROCEDURES FOR RESIDENCE REGISTRATION

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, tasks, powers and organizational structure of the Ministry of Public Security;

At the request of the Director of Police Department for Administrative Management of Social Order;

The Minister of Public Security promulgates Circular on amendments to some Articles of Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on elaboration of the Residence Law; Circular No. 56/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on forms used for residence registration and management; and Circular No. 57/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on procedures for residence registration.

Article 1. Amendments to some Articles of Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on elaboration of the Residence Law

1. Article 3 shall be amended as follows:

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

1. Applications for residence shall be received in person at residence registration authorities (hereinafter referred to as “registration authorities”) or online via the public service portal, VNeID application, or other online public services according to regulations of law.

2. If applicants submit their applications in person at registration authorities, they may submit certified copies or copies issued from the master registers of documents (hereinafter referred to as “copies”) or scan or photocopies of such documents enclosed with their authentic copies for comparison.

In case an applicant submits a scan or photocopy of the document enclosed with its authentic copy, the application recipient shall inspect and compare the scan or photocopy with its authentic copy and countersign it and shall not request the applicant to submit a copy of such document.

3. In case of online residence registration, an applicant shall declare his/her information according to the provided electronic form, upload scans or photocopies of valid documents which are not required to be notarized, certified, digitally signed or confirmed by other forms or cite documents from the organization or individual’s electronic data store; pay charges via the online payment function or by other methods according to regulations of law.  After submitting the application, the applicant shall be issued with 01 tracking number to monitor and look up the application processing or receive information for addition and completion of the application at request of the registration authority.  

If a citizen uploads scans or photocopies of documents that are not digitally signed or certified by other forms, the registration authority shall conduct inspection and verification in order to settle residence procedures; the citizen shall present the uploaded documents so that the registration authority conducts inspection and comparison and verifies such documents in the verification record.  The registration authority shall not request the citizen to submit these documents for storage.

4. Scans or photocopies of valid and unexpired documents captured by electronic devices shall be clear, complete, and accurate; and consularized and translated into Vietnamese in accordance with regulations (in case of documents issued by a foreign competent authority), unless exempt from consularization.

5. In case documents proving eligibility for residence registration are shared and extracted from the national database or the specialized database, the registration authority shall not request citizens to submit or present such documents to process residence registration procedures.

6. Residence procedure results shall be notified in forms of physical or electronic documents or SMS.  

7. The registration authority has the right to reject applications for residence and does not refund paid charges if it is found that the declared information is not accuracy and the documents provided by the applicants have been edited or forged.".

2. Clause 2 Article 4 shall be amended as follows:

“2. Reports on residence of citizens, households, regulatory bodies and organizations may be received by the following methods:

a) In person at registration authorities;

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

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

d) Via the web portal of the Government, web portal of the Ministry of Public Security and websites of police authorities;

dd) VNeID application and mass media.”.

3. Article 6 shall be amended as follows:

“Article 6. Determination of relationships with household owners and handling of some residence registration and management cases

1. If a citizen’s information is not available in the national population database or is insufficient, the registration authority shall collect, inspect, verify, update and add such information to the national population database before receiving and processing residence procedures.

2. During inspection and management of residence, the registration authority shall review and update information on the citizen’s current place of residence under its management on the national population database in an accurate and timely manner

3. The police authority managing prisons, reformatories and compulsory education institutions and the police authority managing temporary detention or custody of the Ministry of Public Security shall cooperate with the police authority for administrative management of social order in identifying and updating information on current places of residence of people subject to temporary detention, people serving imprisonment sentences, and people sent to reformatories, compulsory education institutions or compulsory rehabilitation centers to the national population database in an accurate and timely manner.

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

5. If the applicant has a relationship with the lawful residence owner which is not registered as permanent residence of any household according to Point a Clause 2 Article 20 of the Law on Residence, and it is not the case specified in Article 23 of the Law on Residence, his/her application for permanent residence shall comply with regulations in Clause 2 Article 21 of the Law on Residence.

6. If the applicant has a relationship with the household owner/member of lawful place of residence that he/she rents, borrows or stays in as their permanent residence according to Point a Clause 2 Article 20 of the Law on Residence, his/her application for permanent residence shall comply with regulations in Clause 2 Article 21 of the Law on Residence.

7. If the applicant eligible for conditions specified in Point a Clause 2 Article 20 of the Law on Residence registers a lawful place of permanent residence that is a location specified in Article 23 of the Law on Residence, his/her application for permanent residence is not required to obtain consent of the owner who is unidentified.

4. Clause 3 shall be added to Article 8 as follows:

 “3. A household owner at a social support facility is an individual residing in the social support facility and appointed by persons receiving care and support. In case of disagreement about appointment of a person as a household owner, the household owner will be a person receiving care and support under decision of the head of the social support facility.

5. Clause 3 shall be amended and Clauses 4 and 5 shall be added to Article 9 as follows:

“3. If a Vietnamese national who resides overseas used a passport or an international travel document issued by an authority of the foreign country or another document issued by a competent authority in Vietnam for his/her previous entry into Vietnam, or the Vietnamese passport that the Vietnamese national used for his/her previous entry into Vietnam has been lost or expired, his/her application for permanent residence shall contain documentary proof of Vietnamese citizenship according to regulations of the Vietnamese law on nationality and documents used for entry into Vietnam shall be presented upon registration of permanent residence for the immigration authority of the Ministry of Public Security to consider granting written permission for permanent residence registration.

4. The registration authority shall send the request and application for permanent residence registration to the immigration authority of the province where the residence is located for verification and registration and request the immigration authority of the Ministry of Public Security to consider granting written permission for permanent residence registration The immigration authority of the Ministry of Public Security shall reply the registration authority in writing.

5. The registration authority shall notify the overseas Vietnamese whose permanent residence registration has been granted that his/her passport or an international travel document issued by a competent authority of the foreign country cannot be used for entry into or exit from Vietnam and that entry and exit documents issued by the competent authority in Vietnam must be returned to the immigration authority of the province for revocation and invalidation.”.

6. Clause 2 Article 10 shall be amended as follows:

“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 shall be provided. If information on the change is already available in the electronic civil status database, such documentary proof is not required. If such information is updated and shared from the electronic civil status database, the citizen is not required to carry out procedures for adjustment to residence information.”.

7. Clause 3 shall be added to Article 13 as follows:

“3. In case documents proving lawful residence for registration of temporary residence are documents allowing rental, lease, provision of provisional residence of organizations and individuals, such documents are not required to be certified or verified.”.

8. Clause 3 Article 15 shall be amended as follows:

“3. When someone comes to stay with a household or at a healthcare establishment, a tourist accommodation establishment, an accommodation establishment of an industrial park or other types of lodging, the representative of the household or the establishment shall notify the person of their stay by one of the methods specified in Clause 1 of this Article and in accordance with the following regulations:

a) The owner or a member of the household or the representative of the establishment of the industrial park or the tourist 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 to the registration authority;

b) The representative of the healthcare establishment shall make a list of persons receiving inpatient treatment and notify their stay to the registration authority of province where the healthcare establishment is headquartered.”.

9. Article 17 shall be amended as follows:

“Article 17. Residence information verification

1. Each citizen may send a request for residence information verification to a registration authority across the country regardless of his/her place of residence in person at its head office or via the national public service portal, VNeID application or other online public services according to regulations of law.

2. Residence information to be verified includes current place of residence, previous places of residence, period of residence at each place, residence registration type, and other residence information available in the residence database and the national population database.   Residence information verification shall be valid for 01 year from the date on which the verification is made.  In case residence information of a citizen has been changed or adjusted and the change is updated to the residence database, residence information verification shall become invalid from the time of such change or adjustment.

3. The registration authority shall verify residence information at the request of the citizen.  If the residence information to be verified is available in the national population database, the period of verification shall not exceed a half of working day.  If the information to be verified is not available in the national population database or the residence database, the period of verification shall not exceed 03 working days.”.

10. Clause 2 Article 21 shall be amended as follows:

“2. Assist the Minister of Public Security in directing, providing guidance for, inspecting and urging police authorities to comply with regulations on residence registration and management; provide guidelines for residence registration, thereby ensuring community reintegration for persons who have completely served their prison sentences.”.

11. Clause 7 Article 22 shall be amended as follows:

“7. Direct, inspect and provide guidance on residence registration and management by district-level police authorities; provide guidelines for residence registration, thereby ensuring community reintegration for persons who have completely served their prison sentences and return to reside in provinces; manage, operate and use the residence database.”.

12. Clause 2 Article 23 shall be amended as follows:

“2. Collect and update information on citizens to the residence database and national population database within their competence; cooperate with agencies, organizations and individuals directly managing road, railway and inland waterway vehicles and providing passenger transport services under their management in making review and statistics of residence of drivers and attendants in such vehicles, thereby serving residence management and crime prevention.”.

13. The phrase "Thông qua trang thông tin điện tử của cơ quan đăng ký cư trú hoặc qua Cổng dịch vụ công quốc gia, Cổng dịch vụ công Bộ Công an, Cổng dịch vụ công quản lý cư trú” (via websites of registration authorities or the national public service portal, the public service portal of the Ministry of Public Security or the public service portal for residence management) shall be replaced by the phrase " Thông qua cổng dịch vụ công, ứng dụng VNeID hoặc dịch vụ công trực tuyến khác” (via the public service portal, VNeID application or other online public services" in Point c Clause 1 Article 15 and Point c Clause 1 Article.

14. Article 12 on granting written permission for permanent residence registration at immigration authority shall be annulled.

Article 2. Amendments to some Articles and forms of Circular No. 56/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on forms used for residence registration and management (hereinafter referred to as “Circular No. 56/2021/TT-BCA)

1. Clauses 1 and 2 Article 3 shall be amended as follows:

 “1. A declaration of change to residence information is used when a Vietnamese residing in Vietnam carries out procedures for registration or deregistration of permanent residence, household division, or adjustment to information on the residence database, registration, deregistration or extension of temporary residence, declaration or verification of residence information (code: CT01).

2. Declaration of change to residence information (for overseas Vietnamese nationals) is used when an overseas Vietnamese national who used a passport or an international travel document issued by an authority of the foreign country or another document issued by a competent authority in Vietnam for his/her previous entry into Vietnam, or a Vietnamese passport that has been used for his/her previous entry into Vietnam, and lost or expired carries out procedures for registration of permanent residence (code: CT02).".

2. Point c and Point d shall be added to Clause 2 Article 4 as follows:

 "c) Depending on agencies, organizations and individuals' demands, they may request registration authorities to issue electronic notification of residence procedure results or their electronic copies (including Forms CT03, CT07, CT08) according to regulations of the law on administrative procedures by electronic means;

d) In case of submission of e-applications, agencies, organizations and individuals shall make declaration according to electronic Form CT01 and send them to registration authorities for consideration and settlement of residence procedures.”.

Article 3. Amendments to some Articles of Circular No. 57/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on residence registration procedures

1. Article 5 shall be amended as follows:

“Article 5. Procedures for receiving applications in person at registration authorities

1. Recipients shall inspect and compare information stated in declarations of change to residence information with that on the national population database and the residence database in order to verify the accuracy of such information and identify cases temporarily ineligible for change of places of residence (if any).

If the information is unavailable or inconsistent, recipients shall request citizens to contact with registration authorities of provinces where they are residing to have their information collected and updated on the national population database according to regulations of law.  

2. Inspect applications and extract, use, record and store residence information of citizens on the national population database, the residence database, the specialized database, and the electronic data storages of organizations and individuals at the time of implementation of procedures and compare them with regulations of the residence law. To be specific:

a) In case of valid applications, receive such applications, make and print application receipt and appointment notes; write their signatures and full names and send such notes to citizens.

b) In case where applications are eligible but forms and documents are unavailable or declarations are incorrect or inadequate, provide specific and adequate guidelines once so that citizens may complete their applications upon request.  In case where citizens may not complete their applications, recipients shall make and print notes of guidelines for application completion, write their signatures and full names and send them to these citizens. After such citizens complete their applications, these recipients shall carry out procedures for receiving applications.  

c) In case where applications are ineligible, recipients shall make and print application rejection notes which contain reasons, write their signatures and send them to citizens.”.

2. Article 6 shall be amended as follows:

“Article 6. Procedures for receiving applications from public service portals, VNeID application or other online public services

1. Citizens’ applications are transferred from public service portals, VNeID application or other online public services to the residence management software of the national population database.  

2. After receiving applications, recipients shall inspect and compare information declared on public service portals, VNeID application or other online public services with that on the national population database and the residence database in order to verify the accuracy of such information and identify cases temporarily ineligible for change of places of residence (if any).

3. Inspect applications and extract, use, record and store residence information of citizens on the national population database, the residence database, the specialized database, and the electronic data storages of organizations and individuals at the time of implementation of procedures and compare them with regulations of the residence law. To be specific:

a) In case of valid applications, recipients shall receive these applications and notify the time for returning results.

b) In case where applications are eligible but documents are unavailable or declarations are incorrect or inadequate, recipients shall provide specific and adequate guidelines once so that citizens may complete their applications upon request.

c) In case where applications are ineligible, recipients shall reject such applications and clearly state reasons.”.

3.  Clauses 1, 2 and 3 Article 7 shall be amended as follows:

“1. Registration authorities shall verify procedures for residence registration, verification of residence information, household division, cancellation of results of permanent/temporary residence registration and adjustment to residence information

2. Verification specified in Clause 1 of this Article shall be conducted as follows: 

a) The official assigned to conduct verification shall inspect, verify and be responsible for the legality of the registered residence; relationship between the applicant for residence and the household owner in case of residence with an existing household, and whether the citizen is actually residing at the registered location;  

b) The registration authority shall send a residence information verification note to the registration authority of province/district/commune where the citizen is permanently/temporarily residing or another competent authority in order to verify whether the right to freedom of residence of the citizen is restricted according to regulations in Clause 2 Article 4 of the Residence Law and obtain other necessary information for confirmation or adjustment to residence information and completion of other residence procedures.  If information about restriction on the right to freedom of residence of the citizen is available on the national population database, verification is not required;

c) In case the citizen submits his/her application via the public service portal, VNeID application or other online public services but documents proving eligibility for residence registration are not digitally signed or certified by other forms, the local manager shall contact with the citizen for verification, inspection and comparison in order to ensure the accuracy and unification of such documents. The citizen is not required to submit physical documents in person at the registration authority.  

3. Residence verification and response to residence verification shall adhere to the following principles

a) The submission and receipt of residence information verification notes and response to residence-related matters shall be conducted via the residence management software, by post in people's public security forces or the verification shall be conducted by the appointed officials.  Residence information verification notes must not be transferred to citizens for self-verification;

b) The requested agency shall inspect and compare information to be verified with that on the residence database, the residence dossier archive, and the citizen identification archive (if necessary) and dossiers under its management or cooperate with professional units in response to verification;

When the person whose residence is being verified does not reside in the prescribed location or his/her information to be verified is not correct to serve verification, the requested unit shall promptly notify the verification note-making unit.  In any cases, the response to verification shall be given.  During verification, in case of detection of wanted persons, persons evading serving their sentences or other information related to order and security, the verifying unit shall quickly exchange information with relevant units to cooperate in capturing such persons or adopting other measures;

c) Each residence information note shall be approved and signed by the head of the registration authority;

d) After receiving residence verification notes, the requested unit shall give response to verification within 02 working days.”.

4. The phrase “ứng dụng trên thiết bị điện tử, Cổng dịch vụ công quốc gia, Cổng dịch vụ công Bộ Công an, Cổng dịch vụ công quản lý cư trú” (the electronic application, the national public service portal, the public service portal of the Ministry of Public Security or the public service portal for residence management) shall be replaced by the phrase “cổng dịch vụ công, ứng dụng VNeID hoặc dịch vụ công trực tuyến khác” (the public service portal, VNeID application or other online public services) in Clause 3, Article 8, Clause 3 Article 9, Clause 3 Article 10, Clause 3 Article 11, Clause 3 Article 12, Clause 3 Article 14, Clause 3 Article 15, Clause 3 Article 17 and Clause 3 Article 18.

5. The phrase "Cổng dịch vụ công quốc gia, Cổng dịch vụ công Bộ Công an, Cổng dịch vụ công quản lý cư trú” (the national public service portal, the public service portal of the Ministry of Public Security or the public service portal for residence management) shall be replaced by the phrase "cổng dịch vụ công, ứng dụng VNeID hoặc dịch vụ công trực tuyến khác” (the public service portal, VNeID application or other online public services) in Clause 2 Article 16 and Clause 2 Article 17.

Article 4. Forms

This Circular is promulgated together with the following forms:

1. Declaration of change to residence information, coded  CT01 and replacing Form CT01 issued together with Circular No. 56/2021/TT-BCA.

2. Declaration of change to residence information (for overseas Vietnamese without unexpired Vietnamese passports), coded CT02 and replacing Form CT02 issued together with Circular No. 56/2021/TT-BCA.

3. Temporary absence declaration, coded CT03 and replacing Form CT03 issued together with Circular No. 56/2021/TT-BCA.

4. Application receipt and appointment note, coded CT04 and replacing Form CT04 issued together with Circular No. 56/2021/TT-BCA.

5. Note of guidelines for completing application, coded CT05 and replacing Form CT05 issued together with Circular No. 56/2021/TT-BCA.

6. Application rejection note, coded CT06 and replacing Form CT06 issued together with Circular No. 56/2021/TT-BCA.

7. Written residence confirmation, coded  CT07 and replacing Form CT07 issued together with Circular No. 56/2021/TT-BCA.

8. Written notification of residence procedure results/annulment of residence procedures, coded  CT08 and replacing Form CT08 issued together with Circular No. 56/2021/TT-BCA.

9. Decision on annulment of residence procedures, coded  CT09 and replacing Form CT09 issued together with Circular No. 56/2021/TT-BCA.

10. Residence information verification note, coded  CT10 and replacing Form CT10 issued together with Circular No. 56/2021/TT-BCA.

11. Note of response to residence verification, coded  CT10a.

Article 5. Transitional provisions

Residence procedures shall be received and processed via VNeID application, in a manner that meets technical infrastructure requirements, and under decision of the Director of Police Department for Administrative Management of Social Order

Article 6. Entry into force

This Circular comes into force from January 01, 2024.

Article 7. Responsibility for implementation

1. The Director of Police Department for Administrative Management of Social Order shall carry out monitoring, provide guidance, conduct inspection and urge local police authorities to implement this Circular.

2. Heads of units affiliated to the Ministry of Public Security and Directors of Police Departments of provinces and central-affiliated cities shall be responsible for implementation of this Circular.

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