VietnameseDecree No. 107/2007/ND-CP dated June 25, 2007 of the Government detailing and guiding the implementation of the Residence Law
ATTRIBUTE
Decree No. 107/2007/ND-CP dated June 25, 2007 of the Government detailing and guiding the implementation of the Residence Law
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 107/2007/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 25/06/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Civil , Justice |
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THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom - Happiness |
No. 107/2007/ND-CP | Hanoi, June 25, 2007 |
DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF THE RESIDENCE LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Residence Law;
At the proposal of the Minister of Public Security,
DECREES:
Article 1. Governing scope
This Decree details and. guides the implementation of Clause 2 of Article 8, Article 12 and Clause 1 of Article 20 of the Residence Law, regarding the responsibilities of agencies, organizations and individuals in detecting and preventing the abuse of regulations on household registration to limit citizens lawful rights and interests; citizens residence places; time limits for permanent residence registration; conditions for permanent residence registration in centrally run cities.
Article 2. Subjects of application
This Decree applies to Vietnamese agencies, organizations, households and citizens, and overseas Vietnamese who still hold the Vietnamese nationality and return to live in Vietnam.
Article 3. Acts of abusing regulations on household registration to limit citizens lawful rights and interests
1. Under the Residence Law, the regulations on household registration cover the following contents:
a/ Permanent residence registration and management;
b/ Temporary residence registration and management;
c/ Stay notification;
d/ Absence declaration.
2. Prohibited acts of abusing the regulations on household registration to limit citizens lawful rights and interests include:
a/ Promulgating legal documents or other documents concerning the regulations on household registration, thus limiting citizens lawful rights and interests;
b/ Promulgating legal documents or other documents concerning the regulations on household registration in contravention of the Residence Law and its guiding documents;
c/ Promulgating regulations to limit citizens rights to freedom of residence ultra vires or in violation of the order and procedures prescribed by law;
d/ Using regulations on household registration as conditions to limit citizens lawful rights and interests in contravention of legal provisions;
dd/ Deliberately settling or declining to settle citizens requests for household registration in contravention of legal provisions on residence, thus limiting citizens lawful rights and interests.
3. Ministries, ministerial-level agencies, government-attached agencies and Peoples Committees at all levels have the responsibilities:
a/ To examine and scrutinize all legal documents and other documents in their respective management domains regarding the regulations on household registration in order to amend, annul or propose competent bodies to amend, annul contents contrary to the Residence Law and its guiding documents, which limit citizens lawful rights and interests;
b/ When promulgating legal documents or other documents according to their competence concerning the regulations on household registration, to ensure their compliance with the Residence Law and its guiding documents; not to limit citizens lawful rights and interests;
c/ To direct, inspect and supervise agencies, organizations and individuals under their respective management in the implementation of the Residence Law and its guiding documents. To promptly detect and strictly handle agencies, organizations and individuals under their respective management for acts of abusing the regulations on household registration to limit citizens lawful, rights and interests.
4. Citizens have the rights to detect, promptly notify competent bodies of, and assist the latter in preventing and handling, acts of abusing the regulations on household registration to limit citizens lawful rights and interests.
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