Decree 104/2022/ND-CP submission of household registration books, temporary residence book

DECREE

Amending and supplementing a number of articles of Decrees relating to the submission and presentation of household registration books and temporary residence books when carrying out administrative procedures or providing public services

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on residence dated 13 November 2020;

At the proposal of the Minister of Public Security;

The Government hereby promulgates the Decree amending and supplementing a number of articles of Decrees relating to the submission and presentation of household registration books and temporary residence books when carrying out administrative procedures or providing public services.

Article 1. Amending and supplementing a number of articles of Decree No. 61/2015/ND-CP dated July 09, 2015, on job creation policies and the National Employment Fund, amended and supplemented under Decree No. 74/2019/ND-CP dated September 23, 2019

1. To amend and supplement Point a Clause 2 Article 8 as follow:

“a) Regarding employees: An application for loan certified by the People's Committee of the commune where the project is implemented, made according to Form No. 1 to this Decree;”.

2. To replace some phrases at Point b Clause 2 Article 28 as follows:

To replace the phrase “a copy of the people’s identity card or household registration book or temporary residence book” and the phrase “a copy of the people’s identity card or passport or household registration book or temporary residence book” with the phrase “a copy of the people’s identity card or citizen’s identity card or birth certificate”.

3. To replace Form No. 1a to Decree No. 74/2019/ND-CP dated September 23, 2019, with Form No. 1 to this Decree.

To annul Form 1b to Decree No. 74/2019/ND-CP dated September 23, 2019.

Article 2. Amending and supplementing a number of articles of the Government’s Decree No. 146/2018/ND-CP dated October 17, 2018, detailing, and guiding measures to implement, a number of articles of the Law on Health Insurance

1. To amend and supplement Clause 1 Article 5 as follow:

“1. Persons named in a permanent residence registration household, except those defined in Articles 1, 2, 3, 4 and 6 of this Decree.”.

2. To amend and supplement Clause 2 Article 5 as follow:

“2. Persons named in a temporary residence registration household, except those defined in Articles 1, 2, 3, 4 and 6 of this Decree and those already covered by health insurance under Clause 1 of this Article.”.

3. To annul the phrase “household book (or temporary residence registration book)” in Form No. 3 to Decree No. 146/2018/ND-CP dated October 17, 2018, detailing, and guiding measures to implement, a number of articles of the Law on Health Insurance.

4. To amend and supplement contents of Section 4 in the introduction part of Form No. 4 to Decree No. 146/2018/ND-CP dated October 17, 2018, detailing, and guiding measures to implement, a number of articles of the Law on Health Insurance as follows:

“4. Individual registration applicants shall directly receive results at social security offices, if the result is an amount of money which is result of the health insurance regime settlement, the officers of the department for receiving dossiers and returning results shall provide guidance as follows:

a) The beneficiaries directly receiving the results shall:  Produce the appointment paper and citizen’s identity card or people’s identity card.

b) Other persons receiving the results on behalf of the beneficiaries shall:

In case they are relatives of the beneficiaries:  Produce the appointment paper and citizen’s identity card or people’s identity card, and one of the papers proving that they are relatives of the health insurance beneficiaries, including a copy of the birth certificate or birth notification or marriage certificate or a residence certification or a notice of personal identification and citizen information on the National Population Database.

In case they are the beneficiaries’ guardians: Produce the appointment paper and citizen’s identity card or people’s identity card, and papers proving that they are health insurance beneficiaries’ natural guardian (a copy of the birth certificate or birth notification or marriage certificate or residence certificate or notice of personal identification and citizen information on the National Population Database). In case the beneficiary has no natural guardian in accordance with law provision, the appointment paper and citizen’s identity card or people’s identity card and the competent authority's decision on recognition of guardian are required.

In case there is no relative or guardian, an appointment paper, the appointment paper and citizen’s identity card or people’s identity card, and power of attorney are required in accordance with applicable laws.”.

Article 3. Amending and supplementing Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 6 of Decree No. 116/2016/ND-CP dated July 18, 2016, providing policies supporting students and high schools in extremely difficult communes and villages

1. To supplement point b Clause 1 Article 6 as follow:

“b) To submit a copy of one of the following papers: Citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database, in case agencies or organizations fail to exploit citizen's residence information in the National Population Database.”.

2. To supplement point b Clause 2 Article 6 as follow:

“b) To submit a copy of one of the following papers: Citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database, in case agencies or organizations fail to exploit citizen's residence information in the National Population Database.”.

3. To supplement point b Clause 3 Article 6 as follow:

“b) To submit a copy of one of the following papers: Citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database, in case agencies or organizations fail to exploit citizen's residence information in the National Population Database.”.

Article 4. Amending and supplementing a number of articles of the Government’s Decree No. 105/2020/ND-CP dated September 8, 2020, prescribing early childhood education development policies

1. To amend and supplement Point a Clause 3 Article 7 as follow:

“a) The parent or caregiver or nurturer of a child specified at Point b, Clause 1 of this Article shall provide information about the child’s or his/her personal identification number;

To submit one of the following papers:  Citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database, in case agencies or organizations fail to exploit citizen's residence information in the National Population Database.”.

2. To amend and supplement Point b Clause 3 Article 8 as follows:

“b) Birth certificate (a copy enclosed with the original for comparison or a certified copy).”.

Article 5. Amending and supplementing Clause 1 Article 19 of Decree No. 81/2021/ND-CP dated August 27, 2021, prescribing the collection and management of tuition fees of educational institutions belonging to the national education system, and policies on tuition fee exemption and reduction, support of learning expenses; service charges in training and education

1. To replace the phrase “permanent residence book or certification of police office of the permanent residence registration (in case the permanent residence book is lost)” at Point b Clause 1 with the phrase “citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database, in case agencies or organizations fail to exploit citizen's residence information in the National Population Database”.

2. To amend and supplement Point dd, Clause 1 of Article 19 as follows:

“dd) In case where the student possesses a citizen’s identity card and has been granted a personal identification number and his/her residence place information can be exploited by connecting and sharing population data with education and training institutions, the Education and Training Divisions, provincial-level Education and Training Departments, Divisions of Labor, Invalids and Social Affairs, Finance Divisions and provincial-level Finance Departments, his/her parent (or guardian) is not required to submit the birth certificate and papers proving the permanent residence place.”.

Article 6. Amending and supplementing Clause 2 Article 7 of Decree No. 168/2016/ND-CP dated December 27, 2016, prescribing the contracting of forests, orchards and water surface areas in the management boards of special-use forests, protection forests and State-owned agro-forestry one-member limited liability companies

To amend and supplement Point b Clause 2 Article 7 as follows:

“b) A contracting dossier comprises:

An application for contracting: For individuals and households, the application shall be made according to Form No. 02; for village communities, the application shall be made according to Form No. 03.

Minutes of the village meeting (for village communities):  must include the agreed contents of the proposal for contracting; appointment of a representative to sign the contract.

A poor household or near-poor household certificate.  For village communities, the list of members and information on their personal identification numbers are required.”.

Article 7. Amending and supplementing Clause 1, Article 3 of Decree No. 100/2015/ND-CP dated October 20, 2015, on social housing development and management

To amend and supplement Clause 1 Article 3 as follow:

“1. Households and individuals mean those who are named in a permanent residence registration household of which the information has been updated on the National Population Database and Residence Database in accordance with the Law on Residence.”.

Article 8. Amending and supplementing Article 11 of Decree No. 137/2013/ND-CP of October 21, 2013, detailing a number of articles of the Electricity Law and the Law amending and supplementing a number of articles of the electricity law

1. To amend and supplement Point a Clause 1 Article 11 as follow:

“a) The buyers must have full civil act capacity as prescribed by law and a written request for power purchase attached with the residence information of their households at the place of electricity purchase, or documents proving the ownership, management and use at the place of electricity purchase;”.

2. To add Clause 1a after Clause 1, Article 11 as follows:

“1a. An application for registration for electricity purchase for daily-life purpose shall be made in paper form or electronic data, including: An application for electricity purchase and one of the following papers and documents:

Citizen’s identity card, people’s identity card, residence certificate, a notice of personal identification and citizen information on the National Population Database of the electricity buyer’s representative. A buyer that is a household may enter into only one contract for one registered electricity purchase place.

b) In case where the household's residence information at the electricity purchase place is not used, the buyer must provide a copy of one of the following papers: House ownership certificate, land use right certificate  (with houses on land); housing allocation decision; house purchase contract;  house lease contract with a term of one year or more, or other papers proving the ownership, management and use of the electricity purchase place with a term of one year or more, to register to purchase electricity; in such case the buyer may enter into only one contract.”.

3. To amend and supplement Clause 4 Article 11 as follow:

“4. The Ministry of Industry and Trade shall guide the model contract on electricity purchase and sale for daily-life purpose.”.

Article 9. Amending and supplementing a number of Decree No. 99/2015/ND-CP dated October 20, 2015, detailing and guiding the implementation of a number of articles of the Housing Law, which was amended and supplemented under Decree No. 30/2021/ND-CP dated March 26, 2021

1. To amend and supplement Point c Clause 1 Article 60 as follows:

“c) A copy of the citizen’s identity card or people’s identity card or valid passport or military identity card of the applicant; a copy of the marriage certificate, if the dossier is submitted by a married couple.”.

2. To amend and supplement Point b Clause 1 Article 69 as follows:

“b) A copy of the citizen’s identity card or people’s identity card or valid passport or military identity card of the applicant; a copy of the marriage certificate, if the dossier is submitted by a married couple.”.

3. To supplement Point b Clause 1 Article 71a as follow:

“b) The people's identity card or citizen’s identity card or passport which remains valid or the paper proving the applicant is working in the People’s Army in accordance with regulations of the Ministry of National Defence of the applicant; a copy of the marriage certificate, if the dossier is submitted by a married couple.”.

Article 10. Amending and supplementing a number of articles of Decree No. 134/2016/ND-CP dated September 1, 2016, detailing a number of articles of, and measures to implement, the Law on Import Duty and Export Duty

1. To amend and supplement Point dd, Clause 3 of Article 7 as follows:

“dd) A copy of one of the following documents: Citizen’s identity card, people’s identity card, residence certificate, a notice of personal identification and citizen information on the National Population Database;”.

2. To amend and supplement Point b Clause 3 Article 9 as follows:

“b) The taxpayer shall provide information about his/her personal identification number or produce the border laissez-passer or citizen’s identity card.”.

Article 11. Amending and supplementing Point e Clause 2 Article 21 of Decree No. 43/2014/ND-CP dated May 15, 2014, detailing a number of articles of the Land Law

To amend and supplement Point e Clause 2 Article 21 as follows:

“e) People’s identity card or citizen’s identity card or birth certificate; and electricity and water charge bills and other receipts bearing the house address at the registered land parcel. In case information about residence cannot be found in the National Population Database, a residence certificate is required.”.

Article 12. Amending and supplementing Points a and b Clause 2 Article 24 of Decree No. 19/2011/ND-CP dated March 21, 2011, detailing a number of articles of the Law on Adoption

To amend and supplement Points a and b Clause 2 Article 24 as follows:

“a) A copy of one of the following documents: Citizen’s identity card, people’s identity card, residence certificate, a notice of personal identification and citizen information on the National Population Database of adopters;

b) A copy of one of the following documents: Birth certificate, citizen’s identity card, people’s identity card, residence certificate, a notice of personal identification and citizen information on the National Population Database of the adoptees;”.

Article 13. Annulling and replacing some phrases specified in a certain of decrees

1. To annul the phrase “household registration books” at Point a Clause 1 Article 1 of Decree No. 150/2018/ND-CP dated November 07, 2018, on amending certain decrees on investment and business requirements, and administrative procedures in the information and communications sector.

2. To annul the phrase “in the transitional period, civil status registrants shall produce papers proving their residences” in Clause 1 Article 2 of Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status.

3. To annul the phrases “number of household registration books (for household members)” and “household registration books (for household members)” at Point g Clause 3 Article 15 of Decree No. 45/2021/ND-CP dated March 31, 2021, on the establishment, organization and operation of the Cooperative Development Support Fund.

4. To annul the phrases “or household registration book that was issued before July 1, 2021” at Point b Clause 1 Article 116 and “or household registration book that was issued before July 1, 2021” in Clause 3 Article 130 of Decree No. 131/2021/ND-CP dated December 30, 2021, guiding the Ordinance on Incentives for People with Meritorious Service to the Revolution.

5. To annul the phrase “household registration books” at Point b Clause 2 Article 15 of Decree No. 11/2021/ND-CP dated February 10, 2021, providing the assignment of certain sea areas to organizations and individuals for marine resource exploitation and utilization.

6. To replace the phrase “a household registration book of the subject or the written certification of the police of the commune, ward, or township” at Point a Clause 1 Article 8 of Decree No. 20/2021/ND-CP dated March 15, 2021, providing social assistance policies for social protection beneficiaries with the phrase “a residence certificate or a notice of personal identification and citizen information on the National Population Database”.

7. To replace the phrase “household registration books” in Form No. 01 and Form No. 02 of Decree No. 57/2017/ND-CP dated May 9, 2017, stipulating priority policies for enrollment and academic support for preschool children, pupils and students of ethnic minorities with the phrase “citizen’s identity card, people’s identity card, residence certificate, notice of personal identification and citizen information on the National Population Database”.

Article 14. The exploitation and use of information of residence to handle administrative procedures and provide public services

1. Competent agencies, cadres, civil servants, public employees and individuals assigned to receive and handle administrative procedures and provide public services shall exploit and use information on citizens' residence in the National Population Database to handle administrative procedures and provide public services.

2. Information about citizens' residence at the time of carrying out administrative procedures shall be recorded and kept in the administrative procedure files by cadres, civil servants, public employees and individuals who receive and handle administrative procedures on information system for handling administrative procedures at ministerial and provincial levels.

The exploitation and use of information on citizens' residence in the National Population Database shall be perform by one of the following methods:

a) Searching and exploiting personal information through the function of the information system for handling administrative procedures at ministerial and provincial levels connected to the National Population Database or via the National Public Service Portal;

b) Searching personal information through the e-identification account displayed in the VNeID application;

c) Using a reader device that has been connected to the National Population Database, including a QR Code reader or a device to read chip-based citizen identity cards;

d) Other exploitation methods as prescribed by specialized laws.

3. In case of failure to exploit citizen's residence information by the methods mentioned in Clause 2 of this Article, competent agencies, cadres, civil servants, public employees and individuals assigned to receive and handle administrative procedures and provide public services shall request citizens to submit a copy or present one of the valid documents proving residence information.

The request for citizens to submit copies or provide valid documents proving residence information is specified in the decision on publicizing administrative procedures of the ministry, agency or locality or the service notices of the agency or organization providing the service.

4. Documents that are valid to prove residence information include: Citizen’s identity card, people’s identity card, residence certificate, a notice of personal identification and citizen information on the National Population Database.

Article 15. Responsibilities of implementation and implementation provisions

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of People's Committees of provinces and centrally-run cities shall take responsibility for the implementation of this Decree and publication of administrative procedures within the management as prescribed.

2. This Decree takes effect on January 1, 2023.

3. From the effective date of this Decree, administrative procedures and public services requiring the submission and presentation of household registration books and temporary residence books (paper form) shall be replaced with the exploitation and use of residence information as prescribed in Article 14 of this Decree.

* All Appendices are not translated herein.