Decree 62/2021/ND-CP detailing a number of articles of the Law on Residence

DECREE

Detailing a number of articles of the Law on Residence^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 13, 2020 Law on Residence;

At the proposal of the Minister of Public Security;

The Government promulgates the Decree detailing a number of articles of the Law on Residence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation 

This Decree details a number of articles of the Law on Residence regarding:

1. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or other vehicles.

2. Places of residence of persons having no places of permanent residence or places of temporary residence.

3. Papers and documents proving lawful places of residence and papers and documents proving personal relationship.

4. Dossiers and procedures for permanent residence deregistration.

5. Dossiers and procedures for temporary residence deregistration.

6. Development, management and use of the Residence Database, information in the Residence Database, and the provision and exchange of information and documents from the Residence Database to/with agencies, organizations and individuals.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and citizens in the territory of the Socialist Republic of Vietnam.

Chapter II

PLACES OF RESIDENCE, PERMANENT RESIDENCE REGISTRATION, TEMPORARY RESIDENCE REGISTRATION

Article 3. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or other vehicles

1. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or other vehicles (below collectively referred to as vehicles) are places where such vehicles are registered or places where such vehicles are frequently parked (if such vehicles are not subject to registration or registered in places other than where they are frequently parked), unless such persons have registered other places of residence in accordance with the Law on Residence.

2. Places where vehicles are frequently parked are actual places permitted for parking where such vehicles are most frequently parked in 12 consecutive months, which are determined by the vehicle owners themselves and have been registered with commune-level People’s Committees or district-level People’s Committees of localities without commune-level administrative units of the places where such vehicles are parked.

3. A dossier for registration of a place for frequent parking of a vehicle must comprise:

a/ A request for certification of registration of a place for frequent parking of a vehicle, made according to the form provided in the Appendix to this Decree;

b/ The vehicle owner’s citizen identity card or people’s identity card or passport which remains valid;

c/ The vehicle registration/inspection certificate, for vehicles subject to registration/inspection. For vehicles not subject to registration/inspection, this certificate may be replaced by a written certification of the use of such vehicle for the residential purpose, issued by the concerned commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units;

d/ The contract on rent of the dock and yard for the vehicle (if any).

Citizens may provide notarized or certified copies or copies together with originals of papers and documents in the registration dossier for the dossier-receiving unit to check and collate.

4. Within 2 working days after receiving a complete and valid dossier specified in Clause 3 of this Article, the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units shall consider and give its certification on the request for certification of registration of a place for frequent parking of a vehicle for the vehicle owner.

5. The vehicle owner shall use the written certification of registration of a place for frequent parking of a vehicle issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units to carry out procedures for registration of permanent residence or temporary residence for himself/herself or for another person living or engaged in itinerary occupations on board the vehicle if he/she or such person has no place of permanent residence or place of temporary residence.

6. In case the vehicle owner changes the place for frequent parking of his/her vehicle, he/she shall register a new place for frequent parking of his/her vehicle under this Article and carry out procedures for registration of a new place of permanent residence or place of temporary residence in accordance with the Law on Residence.

Article 4. Places of residence of persons having no places of permanent residence or places of temporary residence

1. Persons having no places of permanent residence or places of temporary residence shall immediately declare residence information to residence registration offices in their current places of residence.

If detecting through checking/review any citizen who falls into a case subject to declaration of residence information, a residence registration office shall instruct and request such citizen to declare residence information. Within 30 days after being requested to declare residence information, the citizen shall show up at the residence registration office for making the declaration.

2. The residence registration office shall check and verify the declared information on personal identification of the citizen through exchanging and collecting information with/from his/her blood parent, sibling or another relative; when necessary, it may request in writing related agencies and organizations to check, verify and provide information.

If detecting through checking/verification that the information declared by the citizen is inaccurate, the residence registration office shall request such citizen to re-declare information for the former to carry out re-checking/re-verification when deeming it necessary. The time limit for re-checking/re-verification is the same as that for first-time checking/verification.

After completing the checking/verification, if the residence registration office identifies that the citizen declaring residence information is a Vietnamese citizen and the declared information is accurate, it shall carry out necessary procedures for the agency managing the National Population Database to establish and issue a personal identification number for such citizen if he/she has no such number. The residence registration office shall update information on such citizen to the Residence Database and notify and issue a written certification of residence information to the citizen.

3. Contents of a written certification of residence information include basic information on a citizen, such as full name, and personal identification number; date of birth; gender; citizenship; ethnicity; religion; native place; current place of residence; and date of residence declaration.

4. The citizen who has obtained a written certification of residence information shall register permanent residence or temporary residence right after he/she fully satisfies the conditions specified in the Law on Residence. In case he/she does not fully satisfy such conditions but has changes in personal identification information, he/she shall re-declare information to the commune-level public security office that has issued the certification for the latter to review and update personal identification information on him/her to the National Population Database and the Residence Database.

5. Commune-level People’s Committees shall base themselves on citizens’ written certifications of residence information and their information on the National Population Database to update information on civil status and issue according to their competence papers related to personal identification to citizens.

Article 5. Papers and documents proving lawful places of residence

1. When making residence registration, a citizen shall prove his/her lawful place of residence with one of the following papers and documents:

a/ A paper or document certifying land use rights and house or land-attached asset ownership (that contains information on his/her house) issued by a competent agency;

b/ The construction permit required by the construction law (for works subject to grant of construction permits and completely built);

c/ A contract on purchase and sale of the state-owned house or a paper on liquidation of the state-owned house;

d/ A contract on purchase of the house or a paper proving the handover and receipt of the house issued by a housing business enterprise that builds houses for sale;

dd/ A paper on purchase, hire-purchase, receipt of donation, receipt of inheritance, receipt of contributed capital, or acceptance of exchange of the house as specified by the land law and housing law;

e/ A paper on handover of the “house of gratitude” or “house of great unity”, or on allocation of the house or residential land to the concerned individual or household;

g/ A legally effective document issued by the concerned court or state administrative agency competent to permit the citizen to own the house;

h/ A paper issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units, certifying that the citizen’s house or residential land is not involved in any dispute over house ownership or residential land use rights, in case of absence of one of the above papers;

i/ A paper on vehicle registration/inspection proving that the vehicle is under the citizen’s ownership. For vehicles not subject to registration/inspection, this paper may be replaced by a written certification issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units stating that the vehicle is used for residential purpose; or a written certification of registration of a place for frequent parking of the vehicle if the citizen’s registered place of residence is other than where the vehicle is registered or if such vehicle is not subject to registration/inspection;

k/ A paper or document proving the lease or lending of, or permission for residence in, one’s lawful place of residence to/for the citizen, which is a document on the lease, lending, or permission for another person’s residence, made by the concerned agency, organization or individual in accordance with the land law and housing law;

l/ A paper issued by the concerned agency or organization bearing the signature of the head and seal of such agency or organization, proving that the citizen is entitled to allocation, use or transfer of the house, or has his/her house built on the land area allocated by the agency or organization for house construction (for houses and land managed by agencies or organizations).

2. In case a citizen registers permanent residence in the place of residence which he/she rents, borrows or lives under permission of the owner of such place as specified in Clause 3, Article 20 of the Law on Residence, he/she is required to additionally submit a paper or document proving that the house’s area is large enough for making permanent residence registration under regulations.

 A paper or document proving that the house’s area is large enough for making permanent residence may be a certificate of land use rights and house ownership showing information on the area of the house under use; or a written certification issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units stating the satisfaction of the condition on average area specified by the provincial-level People’s Council.

3. In case information proving the lawful place of residence of a citizen is available in a specialized database already connected to and shared with the concerned residence registration office, such agency shall itself check and verify information without requesting the citizen to provide supporting papers.

Article 6. Papers and documents proving personal relationship

1. Papers and documents proving personal relationship for a citizen falling into the case specified at Point a, Clause 2, Article 20 of the Law on Residence include:

a/ A paper or document proving spousal relationship, which may be a marriage certificate; a written certification of marital status; or a written certification of spousal relationship issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

b/ A paper or document proving parent-child relationship, which may be a birth certificate; a certificate or decision on child adoption; a decision on parent or child recognition; a written certification of parent-child relationship issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides; a valid passport showing information on parent-child relationship; a court ruling, a civil status extract or a document issued by the concerned health establishment, assessment agency or another competent agency certifying parent-child relationship.

2. Papers and documents proving personal relationship for a citizen falling into the case specified at Point b or c, Clause 2, Article 20 of the Law on Residence include:

a/ A paper or document proving sibling or nephew/niece relationship, which may be a birth certificate or a written certification of sibling or nephew/niece relationship issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

b/ A paper or document proving great grandparent, grandparent, sibling, uncle/aunt or guardian relationship, which may be a decision on assignment of a guardian; or a written certification of great grandparent, grandparent, sibling, uncle/aunt or guardian relationship issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

c/ A paper or document proving that the citizen has no parent, which may be a certificate of death of the citizen’s parent or a court ruling declaring the citizen’s parent missing or dead, or a written certification of death of the citizen’s parent issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

d/ A paper proving that the citizen is an elderly person, which may be a birth certificate or citizen identity card or people’s identity card or passport, social insurance book or health insurance card, or a written certification of the citizen’s date of birth issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

dd/ A paper proving that the citizen is a person with particularly severe disabilities or person with severe disabilities or person having no working capacity or person suffering a mental illness or another disease that renders him/her unable to recognize and control his/her acts, which may be a certificate issued by a district- or higher-level health establishment or a written certification issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides;

e/ A paper proving that the citizen is a minor, which may be a birth certificate or citizen identity card or people’s identity card or passport, social insurance book or health insurance card, or a written certification of the citizen’s date of birth issued by the commune-level People’s Committee or district-level People’s Committee of the locality without commune-level administrative units where the citizen resides.

3. In case information proving a citizen’s personal relationship is available in the National Population Database or a specialized database, a residence registration office may not request the citizen to provide a paper proving his/her personal relationship.

Article 7. Dossiers and procedures for permanent residence deregistration

1. Within 1 day after receiving a decision on permanent residence deregistration from the head of the immediate superior agency or right after issuing a decision on permanent residence deregistration for a citizen, the residence registration office shall make permanent residence deregistration for such citizen and update information on permanent residence deregistration to the National Population Database and the Residence Database.

2. Except the case specified in Clause 1 of this Article, within 7 days from the date a household member falls into a case subject to permanent residence deregistration, such person or the household’s representative shall submit a dossier for carrying out procedures for permanent residence deregistration to the concerned residence registration office. Such dossier must comprise a declaration of changes in residence information and papers and documents proving that such person falls into one of the cases subject to permanent residence deregistration.

3. Agencies or units that manage persons studying or working in the people’s armed forces shall send requests to residence registration offices in the localities where the barracks are located for the latter to settle permanent residence deregistration for such persons. Such a request must clearly show the full name as stated in the birth certificate; and citizen identity card or people’s identity card number of the person subject to permanent residence deregistration; and reason for requesting such deregistration.

4. Within 5 working days after receiving a complete and valid dossier, the residence registration office shall settle permanent residence deregistration for the concerned citizen and update information on permanent residence deregistration to the National Population Database and the Residence Database.

5. The residence registration office shall settle permanent residence deregistration for a citizen when detecting that such citizen falls into one of the cases subject to permanent residence deregistration. Before settling permanent residence deregistration, the residence registration office shall notify such deregistration to the concerned citizen or his/her household’s representative for the latter to submit a dossier for carrying out procedures for permanent residence deregistration according to Clause 2 of this Article.

Past 7 days after being notified by the residence registration office, if the citizen subject to permanent residence deregistration or his/her household’s representative fails to submit a dossier for carrying out procedures for permanent residence deregistration, the residence registration office shall make a minutes of such failure and settle permanent residence deregistration for such citizen. After completing permanent residence deregistration, the residence registration office shall send a notice thereof to the citizen or his/her household’s head.

Article 8. Dossiers and procedures for temporary residence deregistration

1. Within 1 day after receiving a decision on temporary residence deregistration from the head of the immediate superior agency or right after issuing a decision on temporary residence deregistration for a citizen, the residence registration office shall settle temporary residence deregistration for such citizen and update information on temporary residence deregistration to the National Population Database and the Residence Database.

2. Except the case specified in Clause 1 of this Article, within 7 days from the date a household member falls into one of the cases subject to temporary residence deregistration, such person or the household’s representative shall submit a dossier for completion of procedures for temporary residence deregistration to the concerned residence registration office. Such dossier must comprise a declaration of changes in residence information and papers and documents proving that such person falls into one of the cases subject to temporary residence deregistration.

3. Agencies and units that manage persons studying or working in the people’s armed forces shall send requests to residence registration offices in the localities where their barracks are located for the latter to settle temporary residence deregistration for such persons. Such a request must clearly state the full name as stated in the birth certificate; and citizen identity or people’s identity card number of the person subject to temporary residence deregistration, and reason for requesting such deregistration.

4. Within 2 working days after receiving a complete and valid dossier, the residence registration office shall settle temporary residence deregistration for the concerned citizen and update information on temporary residence deregistration to the National Population Database and the Residence Database.

5. The residence registration office shall settle temporary residence deregistration for a citizen when detecting that such citizen falls into one of the cases subject to temporary residence deregistration. Before settling temporary residence deregistration, the residence registration office shall notify such deregistration to the concerned citizen or the household’s representative for the latter to submit a dossier for carrying out procedures for temporary residence deregistration according to Clause 2 of this Article.

Past 7 days after being notified by the residence registration office, if the citizen subject to temporary residence deregistration or the household’s representative fails to submit a dossier for carrying out procedures for temporary residence deregistration, the residence registration office shall make a minutes of such failure and settle temporary residence deregistration for such citizen. After completing the temporary residence deregistration, the residence registration office shall send a notice thereof to the citizen or the household’s head.

Chapter III

THE RESIDENCE DATABASE

Article 9. Information on citizens in the Residence Database

Information on a citizen in the Residence Database includes:

1. Residence dossier number.

2. Place of permanent residence, first date of permanent residence; reason for and time of permanent residence deregistration.

3. Place of temporary residence, first date of temporary residence, temporary residence duration; reason for and time of temporary residence deregistration.

4. Status of temporary absence declaration, temporary absence duration.

5. Current place of residence, first date of living in the current place of residence.

6. Place of stay, stay duration.

7. Full names and personal identification numbers or people’s identity card numbers of the head and members of the household.

8. Relationship of the citizen with the household’s head.

9. Personal identification number.

10. Full name as stated in the birth certificate.

11. Date of birth.

12. Gender.

13. Place of birth registration.

14. Native place.

15. Ethnicity.

16. Religion.

17. Citizenship.

18. Marital status.

19. Blood type, when the citizen requests updating of information on his/her blood type and produces blood type test results.

20. Full name and personal identification number or people’s identity card number of the citizen’s parent, spouse or lawful representative.

21. Date of the citizen’s death or missing.

22. Number, and date and place of issuance, of the people’s identity card; number, and date and place of issuance, of the citizen identity card;

23. Another/other full name(s).

24. Occupation (except persons in the people’s armed forces).

25. Previous convictions.

26. Previous criminal records.

27. Applied deterrent measures.

28. Guardian.

29. Contact information (telephone number, fax number, email address, mail box address).

30. Number of the document permitting naturalization in Vietnam, permitting renunciation of Vietnamese citizenship, depriving of Vietnamese citizenship, or annulling the decision permitting naturalization in Vietnam, and name of the competent agency or person that has issued such decision and date of issuance.

31. Number of the decision on pursuit, date of issuance of and agency that has issued the decision.

32. Other information on the citizen that is integrated and shared from other databases.

Article 10. The Residence Database

1. The Residence Database shall be managed by the Ministry of Public Security and uniformly and synchronously connected to provincial-, district- and commune-level Public Security offices.

2. Development of the Residence Database covers:

a/ Arranging space areas, building works, and installing machinery and equipment;

b/ Furnishing necessary equipment;

c/ Upgrading network infrastructure;

d/ Organizing databases; developing software for residence management and registration;

dd/ Collecting, standardizing and entering data;

e/ Storing data, making backups, synchronizing systems and recovering data; ensuring information confidentiality and security in the Database;

g/ Training, coaching and further training of officers in charge of management and operation of the Database;

h/ Operating, calibrating, maintaining and servicing the Database;

i/ Other activities as specified by law.

Article 11. Sources of information, requirements for and sequence of collecting and updating information on citizens to the Residence Database

1. Information on citizens shall be collected and updated to the Residence Database from the following sources:

a/ The National Population Database, Citizen Identification Database, Electronic Civil Status Database, other national databases and specialized databases that are shared with the Residence Database;

b/ Papers, documents and books on residence registration and management; archives of household registration dossiers and residence registration and management dossiers; citizen identification archives; civil status papers.

2. The collection and updating of information on citizens to the Residence Database must satisfy the following requirements:

a/ Only information on citizens identified as accurate after being checked shall be updated to the Residence Database;

b/ In case information on citizens is collected and updated from different sources while information contents from those sources are inconsistent, commune-level Public Security offices or district-level Public Security offices of localities without commune-level administrative units shall, when collecting and updating information on citizens, coordinate with civil status registration offices and related agencies or concerned citizens in checking the legality of such information and take responsibility for contents of information to be collected for and updated to the Residence Database;

c/ Information on citizens already collected for and updated to the Residence Database shall be fully stored, showing the history of updates, changes and modifications.

3. Information on citizens shall be collected for and updated to the Residence Database in the following sequence:

a/ Information on citizens shall be collected and updated from the National Population Database, Citizen Identification Database, papers, documents and books on residence registration and management; archives of household registration dossiers and residence registration and management dossiers; and citizen identification archives;

b/ In case the sources referred to at Point a of this Clause are neither available nor complete, information on citizens shall be collected and updated from the Civil Status Database, civil status papers, and other national databases and specialized databases that are shared with the Residence Database.

Article 12. Updating and modification of information on citizens in the Residence Database

1. Commune-level Public Security offices or district-level Public Security offices of localities without commune-level administrative units shall organize the updating of information on residence of citizens who make permanent residence or temporary residence registration in localities under the former’s management to the Residence Database and the National Population Database.

2. Modification of information on citizens in the Residence Database means modification of information on citizens when there are changes or errors in the process of collecting, updating and managing information on citizens in such Database.

3. Principles of modification of information on citizens:

a/ Information on citizens shall be modified only upon detection of changes or errors in the process of collecting, updating and managing information on citizens in the Residence Database;

b/ Information on citizens shall be modified upon receipt of a competent authority’s document on change in information on citizens related to the information in the Residence Database;

c/ Only the competent persons specified in Clause 4 of this Article may permit modification of information on citizens.

4. Chiefs of commune-level Public Security offices or chiefs of district-level Public Security offices of localities without commune-level administrative units shall check the legality and accuracy of information before modifying information in the Residence Database, and decide on modification of information on citizens in the Database and take responsibility for such modification.

Article 13. Connection, sharing, provision and exchange of information and documents in the Residence Database

1. The Residence Database shall be connected to and shared with the National Population Database and the Citizen Identification Database. Based on the personal identification number of a citizen, information on such citizen in the Residence Database that may be shared to the National Population Database includes:

a/ Place of permanent residence;

b/ Place of temporary residence;

c/ Status of temporary absence declaration;

d/ Current place of residence;

dd/ Full names and personal identification numbers or people’s identity card numbers of the head and members of the household;

e/ Relationship of the citizen with the household’s head.

2. The Residence Database shall be connected to and shared with other databases as decided by the Minister of Public Security at the proposal of the agencies managing such databases.

The agency requesting residence data connection or sharing shall send a request to the Ministry of Public Security, which must clearly state the former’s assigned functions, tasks and powers, scope and purpose of information sharing, and information that needs to be shared.

3. Entities entitled to be provided with and to exchange information and documents in the Residence Database:

a/ Proceeding-conducting agencies are entitled to be provided with and to exchange information and documents in the Residence Database to serve their investigation, prosecution and trial activities;

b/ Agencies managing specialized databases, state agencies, political organizations, and socio-political organizations are entitled to be provided with and to exchange information and documents in the Residence Database to serve their work performance according to their assigned functions, tasks and powers;

c/ Citizens are entitled to be provided with and to exchange their information in the Residence Database;

d/ Agencies, organizations and citizens not falling into the cases specified at Points a, b and c of this Clause that wish to be provided with or to exchange information and documents on other citizens in the Residence Database shall obtain written consents of such citizens, which shall be notarized or certified; and such information provision or exchange is subject to permission by heads of commune-level Public Security offices or heads of district-level Public Security offices of localities without commune-level administrative units where such citizens make permanent residence or temporary residence registration.

4. Procedures for provision and exchange of information and documents in the Residence Database:

a/ Agencies, organizations and individuals falling into the cases specified in Clause 3 of this Article that wish to be provided with and to exchange information and documents in the Residence Database shall make a request for information provision, clearly stating the purpose of information provision, and contents of information to be provided. Those falling into the case specified at Point d, Clause 3 of this Article shall submit a notarized or certified copy of the written consent of the citizen requested to provide information;

b/ Within 2 working days after receiving a request for information provision, the head of the commune-level Public Security office or head of the district-level Public Security office of the locality without commune-level administrative unit where the citizen requested to provide information makes permanent residence or temporary residence registration shall consider and decide to permit provision and exchange of information and documents in the Residence Database. In case of refusal to provide information, the requested citizen shall send a written reply to the requester, clearly stating the reason.

Article 14. Use, making backups, and recovery of residence data

1. The use of information on citizens in the Residence Database must ensure protection of state secrets, personal secrets, family secrets and privacy of citizens. Agencies, organizations and individuals may use citizens’ residence information to perform the former’s functions, tasks and powers and to settle administrative procedures.

2. Making backups of residence data is a regular task of the agency managing the Residence Database to ensure the integrity of residence data in the Database.

3. Recovery of residence data is a process of recovering data in terms of time of data before the occurrence of errors or damage in data or when data are improperly modified. Residence data shall be recovered when they suffer destruction, cyberattacks or illegal access.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 15. Effect

This Decree takes effect on July 1, 2021, and replaces the Government’s Decree No. 31/2014/ND-CP of April 18, 2014, detailing a number of articles of, and measures to implement, the Law on Residence.

Article 16. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
PHAM MINH CHINH

* The Appendix to this Decree is not translated.