Circular 55/2021/TT-BCA detailing the Law on Residence

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Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Ministry of Public Security detailing a number of articles of, and providing measures to implement, the Law on Residence
Issuing body: Ministry of Public SecurityEffective date:
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Official number:55/2021/TT-BCASigner:To Lam
Type:CircularExpiry date:Updating
Issuing date:15/05/2021Effect status:
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Fields:Justice , Residence - Population

SUMMARY

Forms of temporary absence declaration from July 01

The Circular No. 55/2021/TT-BCA detailing a number of articles of, and providing measures to implement, the Law on Residence is issued on May 15, 2021 by the Ministry of Public Security.

Accordingly, temporary absence declaration for the cases specified at Points c and d, Clause 1, Article 31 of the Law on Residence shall be carried out in one of the following forms: Directly at residence registration offices or places for receipt of temporary absence declarations designated by residence registration offices; Via telephone numbers or email addresses notified or posted up by residence registration offices; On websites of residence registration offices or via the National Public Service Portal, the Ministry of Public Security’s Service Portal, or the Public Service Portal for Residence Management; Via applications on electronic devices.

When citizens carry out procedures for permanent residence registration, modification of information in the Residence Database, household splitting, permanent residence or temporary residence deregistration, temporary residence period extension, or temporary residence deregistration leading to changes in information in their household registration books or temporary residence books, residence registration offices shall revoke such books and modify and update information to the Residence Database in accordance with the Law on Residence and may neither grant new books nor re-grant such books.

Besides, in case permanent residence registration has been carried out ultra vires, not under law-specified conditions or not for eligible persons as specified in the Law on Residence, the offices that have carried out such registration shall issue decisions on cancellation of permanent residence registration, or report any complicated case to their immediate superiors for consideration and issuance of decisions on cancellation of permanent residence registration.

This Circular takes effect on July 01, 2021.

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Effect status: Known

THE MINISTRY OF PUBLIC SECURITY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 55/2021/TT-BCA

 

Hanoi, May 15, 2021

CIRCULAR

Detailing a number of articles of, and providing measures to implement, the Law on Residence[1]

Pursuant to the November 13, 2020 Law on Residence;

Pursuant to the Government’s Decree No. 01/2018/ND-CP of August 6, 2018, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Police Department on Administrative Management of Social Order;

The Minister of Public Security promulgates the Circular detailing a number of articles of, and providing measures to implement, the Law on Residence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides permanent residence registration; temporary residence registration; stay notification, declaration of temporary absence, and certification of residence information; permanent residence registration and temporary residence registration in localities where barracks are located for persons studying or working in the People’s Public Security Forces; and responsibility for residence management.

Article 2. Subjects of application

1. Public Security offices at all levels and in all localities.

2. Officers and soldiers of the People’s Public Security Forces.

3. Other agencies, organizations and individuals related to residence registration.

Article 3. Receipt of residence registration dossiers and notification of residence registration results

1. Residence registration dossiers shall be directly received at the residence registration offices, the National Public Service Portal, the Ministry of Public Security’s Public Service Portal, or the Public Service Portal for Residence Management.

2. In case of directly submitting dossiers, residence registration requesters may submit certified copies of original papers or copies issued from master registers (below collectively referred to as copies) or photocopies enclosed with original papers for collation. In case residence registration requesters submit photocopies enclosed with original papers, recipients shall check and collate such photocopies with the originals and sign for certification, and may not request submission of copies of such papers. 

3. In case residence registration is carried out via the National Public Service Portal, the Ministry of Public Security’s Public Service Portal, or the Public Service Portal for Residence Management, residence registration requesters shall declare information and attach scanned copies or photocopies of documents and papers required under regulations. Citizens shall produce originals of papers and documents they have provided upon request of persons in charge of residence registration.

4. Notification of results of permanent residence registration, temporary residence registration, extension of periods of temporary residence, declaration of residence information, modification of residence information, household splitting, and declaration of temporary absence may be carried out in the form of written notices or text messages to email addresses or telephone numbers or on websites of residence registration offices, or via applications on electronic devices or the National Public Service Portal, the Ministry of Public Security’s Public Service Portal, or the Public Service Portal for Residence Management. 

5. Residence registration offices may reject residence registration and residence information certification without having to refund the collected charge amounts if detecting that papers and documents provided by citizens have been erased, modified or forged.

Article 4. Receipt and processing of residence information reported by citizens, households, agencies and organizations

1. Residence registration offices shall receive residence information reported or recommendations or petitions made by citizens, households, agencies and organizations and process such information according to their functions, tasks and competence in settling affairs of citizens, agencies and organizations. 

2. Residence information reported by citizens, households, agencies and organizations shall be received by the following modes:

a/ Directly at residence registration offices;

b/ Via telephone or hotlines notified or posted up by residence registration offices;

c/ Via suggestion boxes or email addresses notified or posted up by residence registration offices;

d/ Via the Government Portal, the Ministry of Public Security’s Portal or the Public Service Portal for Residence Management;

dd/ Via websites of Public Security offices at all levels and in all localities;

e/ Via the mass media.

3. Residence information reported by citizens, households, agencies and organizations shall be recorded by residence registration offices, clearly stating the time and place of occurrence of the reported events, contents and circumstances related to organizations and individuals. When citizens, households, agencies and organizations report information directly at residence registration offices or via telephone or hotlines, they shall provide their full names and contact addresses and telephone numbers for residence registration offices to make written replies when necessary.  

Residence registration offices shall keep confidential information reported by citizens, households, agencies and organizations in case they are requested to do so.

Article 5. Cases in which change of places of residence is not allowed

1. During the period of being subject to limitation of the right to freedom of residence, the persons specified at Points a, b and c, Clause 2, Article 4 of the Law on Residence are temporarily not entitled to settlement of procedures for change of their places of residence, unless they obtain the written permission of competent agencies for change of places of residence or fall into the case specified in Clause 3 of this Article.

2. Persons currently residing in places or areas that are announced by competent agencies or persons to be locked down for epidemic prevention and control or where a state of emergency is declared during a period of application of isolation or lockdown measures are temporarily not entitled to settlement of procedures for change of their places of residence.

3. Persons currently subject to the penalty of residence ban are temporarily not entitled to settlement of procedures for residence registration at places where they suffer such penalty until they completely serve the penalty or obtain the written permission of the competent agency that has imposed the penalty.

Article 6. Determination of relationship with heads of households and handling of particular cases in residence registration

1. Upon residence registration for persons whose information is not available on the Residence Database or National Population Database, residence registration offices shall collect, check, verify and update relevant population information in accordance with law. 

2. In case residence registration offices make errors when collecting or updating information to the Residence Database, they shall modify or supplement it to be consistent with information in citizens’ dossiers of request for residence registration.

3. Citizens that move to reside in other places within the same commune-level administrative unit where they have registered their permanent residence shall come to the residence registration office to update information on their current places of residence to the Residence Database if such place does not satisfy conditions for permanent residence registration.

4. The relationship between members and heads of households is determined as follows: spouses, birth parents, adoptive parents, birth children, adopted children; paternal grandparents, maternal grandparents, siblings, blood nieces and nephews; paternal great grandparents, maternal great grandparents, blood uncles, blood aunts, great grandchildren; guardians, sheltered occupants, tenants.  

Chapter II

PERMANENT RESIDENCE REGISTRATION

Article 7. Permanent residence registration at belief establishments or religious establishments

1. Heads of households dwelling in lawful places of residence at belief establishments or religious establishments are religious activists who are ordained, appointed, elected, venerated or transferred to carry out religious activities at religious establishments or representatives of belief establishments or those assigned by representatives or management boards of belief establishments to directly manage and organize belief activities at belief establishments. 

2. Document proving status of a dignitary, clergyperson, priest or another religious activist who is permitted to carry out activities at a religious establishment is one of the following documents: a notice that he/she has been ordained or venerated to be a dignitary; a notice that he/she has been appointed, elected or venerated to be a clergyperson; a notice of transfer of a dignitary, clergyperson or priest, or another document specified by the law on belief and religion.

3. Documents proving status of representatives of belief establishments are documents recognizing them as representatives or members of management boards of belief establishments, issued by commune-level People’s Committees.

Article 8. Permanent residence registration at social relief establishments

1. A written request of the head of a social relief establishment for permanent residence registration for persons who are cared for, nurtured or supported at such establishment must contain basic information on each person: full name; date of birth; gender; native place; ethnicity; religion; personal identification number; occupation and workplace; place of permanent residence or place of temporary residence.

2. A document certifying the care for, nurturing of or support for a person at a social relief establishment is one of the following documents: certification by the commune-level People’s Committee of the care or nurturing; decision on admission to the social relief establishment issued by the head of such establishment; decision on provision of support issued by the district-level People’s Committee, or another document as specified by law. 

Article 9. Permanent residence registration involving foreign elements

1. Upon first-time permanent residence registration, foreigners who are naturalized in Vietnam shall produce the President’s decisions permitting their naturalization in Vietnam.

2. For an overseas Vietnamese who enters the country with Vietnamese passport, a dossier for permanent residence registration must comprise the Vietnamese passport that he/she has used for his/her latest entry into Vietnam.

3. For overseas Vietnamese who use passports or papers in substitution for passports issued by foreign countries for their entry into Vietnam, a dossier for permanent residence registration must comprise a paper or document proving their Vietnamese citizenship in accordance with Vietnam’s law on citizenship and written permission of the immigration office for their permanent residence as specified in Article 12 of this Circular. 

Article 10. Modification of residence information on the Residence Database

1. In case of change of a household head, the declaration of change of residence information must state his/her opinion on (except the case in which he/she has given a written consent) or an agreement among the household members on nomination of, or a court ruling on, who will act as the household head. In case the household head is dead or missing or has lost his/her civil act capacity, in addition to the above agreement, there must also be a death certificate or a court ruling declaring him/her dead or missing or his/her loss of civil act capacity. 

2. In case of a change in the civil status registration compared to information on the Residence Database, there must be a document proving permission for change issued by a competent agency in charge of civil status registration. In case information on such change is available on the Electronic Civil Status Database, concerned citizens are not required to produce a supporting document.

3. In case of change of a residence address due to adjustment of administrative boundaries, or change of name of an administrative unit, name of a road, street, street residential quarter, village or hamlet, or method of house numbering, a competent residence management office shall base itself on the competent agency’s document on such adjustment or change to modify and update information on residence address to the Residence Database.

Article 11. Cancellation of permanent residence registration

1. In case permanent residence registration has been carried out ultra vires, not under law-specified conditions or not for eligible persons as specified in the Law on Residence, the offices that have carried out such registration shall issue decisions on cancellation of permanent residence registration, or report any complicated case to their immediate superiors for consideration and issuance of decisions on cancellation of permanent residence registration.

2. Within 1 working day after receiving a decision on cancellation of permanent residence registration, the office that has carried out permanent residence registration shall update information on the cancellation to the Residence Database, notify it to the agency managing residence archives, and notify it in writing to the concerned citizen, clearly stating the reason for cancellation.

Article 12. Grant of written permission for permanent residence registration by immigration offices

1. Persons who request grant of a written permission for permanent residence registration shall submit their dossiers to immigration offices of provincial-level Departments of Public Security of localities where they wish to register permanent residence or the Vietnam Immigration Department of the Ministry of Public Security.

Persons who request grant of a written permission for permanent residence registration may receive dossier processing results at places where they have submitted their dossiers or register to receive such results by public postal services.

2. A dossier of request for grant of a written permission for permanent residence registration must comprise:

a/ A request for grant of a written permission for permanent residence registration;

b/ A copy (enclosed with the original for collation) of the requester’s passport or paper as passport substitute issued by a foreign country for his/her latest entry in Vietnam;

c/ A copy (enclosed with the original for collation) of one of papers or documents proving his/her Vietnamese citizenship in accordance with Vietnam’s law on citizenship.

3. In case a person requesting grant of a written permission for permanent residence registration submits his/her dossier to the immigration office of the provincial-level Department of Public Security of the locality where he/she wishes to register permanent residence, within 20 days after receiving a complete and valid dossier, such immigration office shall verify declared information and send a written proposal on permission for permanent residence registration (enclosed with the dossier of request) to the Vietnam Immigration Department of the Ministry of Public Security.

Within 20 days after receiving the proposal on permission for permanent residence registration (enclosed with the dossier of request) from the immigration office of the provincial-level Department of Public Security, the Vietnam Immigration Department shall appraise the proposal and grant a written permission for permanent residence registration to the requester and notify such to the residence registration office and immigration office of the provincial-level Department of Public Security. In case of refusal to grant such permission, it shall reply in writing, clearly stating the reason.

4. In case a person requesting grant of a written permission for permanent residence registration submits his/her dossier to the Vietnam Immigration Department of the Ministry of Public Security, within 40 days after receiving a complete and valid dossier, the Vietnam Immigration Department shall verify declared information, examine the dossier, and grant a written permission for permanent residence registration to the requester and notify such to the residence registration office and immigration office of the provincial-level Department of Public Security. In case of refusal to grant such permission, it shall reply in writing, clearly stating the reason.

5. Within 12 months after being granted a written permission for permanent residence registration, a citizen shall register his/her permanent residence with the concerned residence registration office.

6. Residence registration offices shall notify results of permanent residence registration for the persons falling into the case specified in Clause 3, Article 9 of this Circular to the Vietnam Immigration Department for cancellation or revocation of papers valid for entry, exit or residence issued by competent agencies of Vietnam to accompany foreign passports of such persons. 

 

Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 13. Temporary residence registration

1. Citizens who move to live in places other than their registered places of temporary residence shall make new temporary residence registration. In case the new place of temporary residence of a citizen is in the same commune-level administrative unit with his/her registered place of permanent residence, he/she shall comply with Clause 3, Article 6 of this Circular.

2. Pupils, students and trainees who collectively live in dormitories or boarding houses built exclusively for them; workers who collectively live in boarding houses built exclusively for them; children, persons with disabilities and supportless persons who are adopted and live in belief establishments or religious establishments; or persons who are cared for, nurtured or supported at social relief establishments may register their temporary residence via agencies or organizations directly managing such dormitories, houses or establishments. 

Agencies or organizations directly managing the above dormitories, houses or establishments shall draw up lists of temporary residents enclosed with declarations of changes in their residence information and requests for temporary residence registration, clearly stating information on their lawful places of residence, which shall be updated by residence registration offices to the Residence Database. Such a list must contain basic information on every temporary resident, including his/her full name; date of birth; gender; personal identification number; and period of temporary residence.

Article 14. Cancellation of temporary residence registration

1. In case temporary residence registration has been carried out ultra vires, not under law-specified conditions and not for eligible persons as specified in the Law on Residence, the office that has carried out temporary residence registration shall issue a decision to cancel temporary residence registration, or report any complicated case to its immediate superior for consideration and issuance of a decision on cancellation of temporary residence registration.

2. Within 1 working day after receiving the decision on cancellation of temporary residence registration, the office that has carried out temporary residence registration shall update information on such cancellation to the Residence Database, and notify it in writing to the concerned citizen, clearly stating the reason for cancellation.

 

Chapter IV

STAY NOTIFICATION, TEMPORARY ABSENCE DECLARATION AND CERTIFICATION OF RESIDENCE INFORMATION

Article 15. Stay notification

1. Stay notification shall be carried out in one of the following forms:

a/ Directly at residence registration offices or places for receipt of stay notification designated by residence registration offices;

b/ Via telephone numbers or email addresses notified or posted up by residence registration offices;

c/ On websites of residence registration offices or via the National Public Service Portal, the Ministry of Public Security’s Service Portal, or the Public Service Portal for Residence Management;

d/ Via applications on electronic devices.

2. Residence registration offices shall publicly notify or post up their places, telephone numbers, email and website addresses, the National Public Service Portal, the Ministry of Public Security’s Service Portal, and the Public Service Portal for Residence Management, and names of applications on electronic devices, for receipt of stay notifications.

3. When a person comes to stay at a household, medical treatment establishment, tourist accommodation establishment or another establishment providing accommodations, a member of such household or a representative of such establishment shall request such person to produce one of his/her legal papers showing information on his/her personal identification number in accordance with law and notify his/her stay to the residence registration office in one of the forms specified in Clause 1 of this Article.

4. A stay period of a citizen depends on his/her need but must not exceed 30 days. A person receiving a stay notification shall update contents of such notification to the Residence Database.  

Article 16. Temporary absence declaration

1. Temporary absence declaration for the cases specified at Points c and d, Clause 1, Article 31 of the Law on Residence shall be carried out in one of the following forms:

a/ Directly at residence registration offices or places for receipt of temporary absence declarations designated by residence registration offices;

b/ Via telephone numbers or email addresses notified or posted up by residence registration offices;

c/ On websites of residence registration offices or via the National Public Service Portal, the Ministry of Public Security’s Service Portal, or the Public Service Portal for Residence Management;

d/ Via applications on electronic devices.

2. Residence registration offices shall publicly notify or post up their places, telephone numbers, email and website addresses, the National Public Service Portal, the Ministry of Public Security’s Service Portal, and the Public Service Portal for Residence Management, and names of applications on electronic devices, for receipt of temporary absence declarations.

Article 17. Certification of residence information

1. Citizens who request certification of residence information may personally go to residence registration offices nationwide, regardless of their places of residence, to request grant of residence information certifications or send their requests for certification of residence information via the National Public Service Portal, the Ministry of Public Security’s Service Portal, or the Public Service Portal for Residence Management.

2. Contents of certification of residence information include the time, place and form of residence registration. A residence information certification is valid for 6 months from the date of grant for the persons specified in Clause 1, Article 19 of the Law on Residence for cases of residence declaration, or valid for 30 days from the date of grant for cases of certification of residence information. In case residence information of citizens sees a change or is modified and updated to the Residence Database, certification of such residence information is invalidated from the time of change or modification.

3. Within 3 working days, a residence registration office shall give a written certification of residence information (bearing the office head’s signature and the office’s seal) or an e-certification (bearing the digital signature of the office’s head) as requested by the concerned citizen. 

4. In case residence information requested for certification by an individual or a household has not yet been updated to the Residence Database, a residence registration office shall guide the concerned citizen in carrying out procedures for modification of information on the Residence Database under Article 26 of the Law on Residence.

Chapter V

PERMANENT RESIDENCE REGISTRATION, TEMPORARY RESIDENCE REGISTRATION AT BARRACKS OF PERSONS STUDYING OR WORKING IN THE PEOPLE’S PUBLIC SECURITY FORCES

Article 18. Permanent residence registration for persons working in the People’s Public Security Forces

1. Professional operation officers, professional operation non-commissioned officers, technical officers, technical non-commissioned officers, and workers of the People’s Public Security Forces may register their permanent residence at their barracks when the following conditions are satisfied:

a/ They intend to live on a stable and long-term basis at their barracks;

b/ Their barracks have accommodations for officers and soldiers.

2. A dossier for permanent residence registration must comprise:

a/ A declaration of change(s) in residence information;

b/ A letter of introduction of the head of the unit directly managing the concerned officer or worker, clearly stating that the letter is used for performance of procedures for permanent residence registration and that the unit has accommodations for its officers and soldiers (bearing the head’s signature and the unit’s seal). 

3. Professional operation officers, professional operation non-commissioned officers, technical officers, technical non-commissioned officers, and workers of the People’s Public Security Forces who have registered their permanent residence under Clause 1 of this Article and have moved to new lawful places of residence outside their barracks and fully satisfy conditions for permanent residence registration shall register their permanent residence in accordance with the Law on Residence and this Circular. Dossiers for permanent residence registration must comply with Article 21 of the Law on Residence and be enclosed with letters of introduction of heads of units directly managing the concerned persons (bearing the heads’ signatures and the units’ seals).

Article 19. Temporary residence registration for persons studying or working in the People’s Public Security Forces

1. Professional operation officers, professional operation non-commissioned officers, technical officers, technical non-commissioned officers, and workers of the People’s Public Security Forces who are currently working and living in barracks of the People’s Public Security Forces; duty non-commissioned officers and soldiers who live in barracks of the People’s Public Security Forces; and cadets, students and trainees in schools of the People’s Public Security Forces may register their temporary residence at their barracks when the following conditions are satisfied:

a/ They intend to live for certain periods of time in barracks outside their places of permanent residence;

b/ Barracks have accommodations for officers, soldiers, cadets, students and trainees.

2. A dossier for temporary residence registration must comprise:

a/ A declaration of change(s) in residence information;

b/ A letter of introduction of the head of the unit directly managing the concerned person, clearly stating that the letter is used for performance of procedures for temporary residence registration and that the unit has accommodations for its officers and soldiers (bearing the head’s signature and the unit’s seal). 

3. Cadets, students and trainees of schools of the People’s Public Security Forces; and duty non-commissioned officers and soldiers shall register their temporary residence via agencies or units directly managing them.

Agencies and units shall draw up lists of temporary residents enclosed with declarations of changes in residence information of such persons and requests for temporary residence registration, showing information on lawful places of residence, and residence registration offices shall update information on places of temporary residence to the Residence Database. Such a list must contain basic information on every temporary resident: full name; date of birth; gender; personal identification number, and period of temporary residence.

4. Within 15 days before the expiration of the registered period of temporary residence or the maximum period of temporary residence specified in Clause 2, Article 27 of the Law on Residence, a person registering his/her temporary residence shall carry out procedures for extension of his/her period of temporary residence with the residence registration office. Dossiers of request for extension of period of temporary residence must comply with Clauses 2 and 3 of this Article.

Article 20. Permanent residence deregistration, temporary residence deregistration

On a quarterly basis, agencies and units directly managing persons who study or work in, and live at barracks of, the People’s Public Security Forces shall send lists of persons subject to permanent residence deregistration or temporary residence deregistration specified in Article 24 or 29 of the Law on Residence, enclosed with requests for permanent residence deregistration or temporary residence deregistration, to residence registration offices of localities where the barracks are located for permanent residence deregistration or temporary residence deregistration under regulations.  

 

Chapter VI

RESPONSIBILITY FOR RESIDENCE MANAGEMENT

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

1. To give advices on the formulation of and submit to the Minister of Public Security for promulgation legal documents on residence according to its competence;

2. To assist the Minister of Public Security in directing, guiding, inspecting and urging Public Security offices at all levels and in all localities to implement regulations on residence registration and management;

3. To update residence information to the National Population Database and the Residence Database;

4. To work out plans on dissemination and implementation of the Law on Residence, this Circular and relevant legal documents to Public Security offices at all levels;

5. To guide the uniform use of residence registration and management forms, papers and books nationwide under regulations of the Ministry of Public Security; to advise the Minister of Public Security on equipping machines, means and equipment for Public Security offices at all levels and in all localities to carry out residence registration and management work.

6. To organize intensive professional training and further training for people carrying out residence registration; to guide the use of residence software in residence registration work;

7. To organize preliminary and final reviews of, and draw experiences from, residence registration and management work nationwide; to apply information technology to residence registration and management and develop the Residence Database;

8. To report on and propose to the Minister of Public Security measures to address problems and handle violations and matters arising in the course of residence registration and management;

9. To sum up residence statistics and reality nationwide;

10. To examine, inspect, settle complaints and denunciations, and handle violations of the law on residence in accordance with law.

11. To cease the implementation of or annul according to its competence or propose competent authorities to cease the implementation of or annul regulations of local Public Security offices, agencies, organizations and People’s Committees at all levels which are contrary to this Circular.

Article 22. Responsibilities of provincial-level Departments of Public Security

1. To take responsibility before the Ministry of Public Security and provincial-level People’s Committees for directing, guiding, inspecting, and organizing the implementation of, regulations on residence management in their respective localities.

2. To process and standardize available data on residence and population in their localities before updating them to the National Population Database and the Residence Database.

3. To coordinate with information and communications agencies and local agencies and departments in disseminating the law on residence.

4. To report to the Ministry of Public Security and provincial-level People’s Committees on the situation of and measures to address problems arising in the course of residence management in their localities and propose competent authorities to study, supplement and complete legal documents on residence.

5. To organize training and further training, and propose state payrolls, for the contingent of officers in charge of residence registration and management within the ambit of their management; to organize preliminary and final reviews and make statistics of residence registration and management and the Residence Database in geographical areas under their management, and report them to the Ministry of Public Security.

6. To examine, inspect, settle complaints and denunciations, and handle violations of the law on residence.

7. To direct, examine and guide Public Security divisions of districts, towns, provincial cities or municipal cities in residence registration and management work; to manage and operate the Residence Database.

8. To perform other residence management jobs under regulations of the Minister of Public Security.

Article 23. Responsibilities of Public Security divisions of districts, towns, provincial cities or municipal cities

1. To take responsibility before provincial-level Departments of Public Security and People’s Committees of districts, towns, provincial cities or municipal cities for directing, guiding, inspecting, and organizing the implementation of, regulations on residence management in their respective localities.

2. To collect, update and modify information on citizens to the Residence Database and the National Population Database according to their competence.

3. To direct, inspect and guide Public Security offices of communes, wards or townships on residence registration and management; to manage and operate the Residence Database.

4. To coordinate with information and communications agencies and local agencies and departments in disseminating the law on residence.

5. To propose state payrolls for the contingent of officers in charge of residence registration and management under their management; to organize preliminary and final reviews and make statistics of residence registration and management and the Residence Database in geographical areas under their management.

6. To report to provincial-level Departments of Public Security and People’s Committees of districts, towns, provincial cities or municipal cities on the situation of and measures to address problems arising in the course of residence management in their localities.

7. To examine, inspect, settle complaints and denunciations, and handle violations of the law on residence according to their competence.

8. Public Security divisions of districts, towns, provincial cities or municipal cities without commune-level administrative units shall perform the responsibilities specified in Article 33 of the Law on Residence.

9. To perform other residence management jobs under regulations of superior Public Security agencies.

Article 24. Responsibilities of Public Security offices of communes, wards or townships

1. To perform the responsibilities specified in Article 33 of the Law on Residence.

2. To collect, update and modify information on citizens to the Residence Database and the National Population Database according to their competence.

3. To perform other residence management jobs under regulations of superior Public Security agencies.

Article 25. Residence examination

1. Residence examination shall be carried out regularly, extraordinarily or to meet requirements of crime prevention and combat and security and public order maintenance.

2. Subject to and locations of residence examination are citizens, households, dormitories and boarding houses of pupils, students, trainees and workers, houses for rent or sheltered houses of organizations or individuals, belief establishments, religious establishments, social relief establishments, medical treatment establishments, tourist accommodation establishments and other establishments providing accommodations; residence registration offices at all levels; and agencies and organizations related to residence management.

3. Residence examination covers examination of the organization of implementation of residence registration and management contents; and collection, updating and exploitation of residence information to/from the Residence Database; rights and responsibilities of citizens, households, agencies and organizations; and other contents as specified by the law on residence.

4. Residence registration offices shall examine the observance of the law on residence by citizens, households and related agencies and organizations. Upon examination, they may mobilize the people engaged in the protection of security and public order at grassroots level and security guards of agencies, enterprises and organizations to participate in examination activities. Superior offices that carry out examination shall coordinate with subordinate residence registration offices.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 26. Effect and transitional provisions

1. This Circular takes effect on July 1, 2021, and replaces the Minister of Public Security’s Circular No. 35/2014/TT-BCA of September 9, 2014, detailing a number of articles of the Law on Residence and the Government’s Decree No. 31/2014/ND-CP of April 18, 2014, detailing a number of articles of, and providing measures to implement, the Law on Residence.

2. When citizens carry out procedures for permanent residence registration, modification of information in the Residence Database, household splitting, permanent residence or temporary residence deregistration, temporary residence period extension, or temporary residence deregistration leading to changes in information in their household registration books or temporary residence books, residence registration offices shall revoke such books and modify and update information to the Residence Database in accordance with the Law on Residence and may neither grant new books nor re-grant such books.

3. Residence registration offices shall transfer revoked household registration books together with residence registration dossiers into residence record archives and preserve and archive the revoked temporary residence books under regulations.

Article 27. Implementation responsibility

1. Agencies and organizations shall, within the ambit of their respective functions, tasks and powers, direct the implementation of this Circular.

2. The Director of the Police Department on Administrative Management of Social Order shall advise and assist the Minister of Public Security in implementing this Circular; sum up plans and report on performance by public security offices at all levels and in all localities; guide and inspect professional forces and Public Security offices at all levels in implementing this Circular.

3. Directors of provincial-level Departments of Public Security shall organize the implementation of this Circular; consolidate citizen reception offices, publicize regulations on residence registration and management; review and arrange residence registration and management officers; guide and inspect professional forces and Public Security offices at all levels in implementing this Circular.

4. Heads of units of the Ministry of Public Security and directors of provincial-level Departments of Public Security shall implement this Circular.

Public Security offices at all levels and in all localities shall report problems arising in the course of implementing this Circular to the Ministry of Public Security (via the Police Department for Administrative Management of Social Order) for timely guidance.-

Minister of Public Security
General TO LAM


[1] Công Báo Nos 655-656 (04/7/2021) 

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