Circular 66/2023/TT-BCA amend Circulars 55/2021/TT-BCA, 56/2021/TT-BCA, 57/2021/TT-BCA

 CIRCULAR

Amending and supplementing a number of articles of Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security detailing a number of articles of, and providing measures to implement, the Law on Residence; Circular No. 56/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on forms used for residence registration and management; Circular No. 57/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on residence registration procedure

Pursuant to the Law on Residence dated November 13, 2020;

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

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

The Minister of Public Security hereby promulgates the Circular amending and supplementing a number of articles of Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security detailing a number of articles of, and providing measures to implement, the Law on Residence; Circular No. 56/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on forms used for residence registration and management; Circular No. 57/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on residence registration procedures.

Article 1. To amend and supplement a number of articles of Circular No. 55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security detailing a number of articles of, and providing measures to implement, the Law on Residence

1. To amend Article 3 as follows:

“Article 3. Receipt and processing of dossiers and notification of results of residence-related procedures

1. Residence registration dossiers shall be received in person at the residence registration offices, or online via public service portals, VNeID application or other online public services as prescribed by law.

2. In case of submitting dossiers in person at the residence registration offices, residence registration requesters may submit certified copies of original papers and documents, or copies issued from master registers (below collectively referred to as copies) or scanned copies or photocopies enclosed with original papers and documents for collation.

In cases where residence registration requesters submit scanned copies or photocopies enclosed with original papers for collation, recipients shall check and collate such scanned copies or photocopies with the originals and sign for certification, and may not request submission of copies of such papers.

3. In case of online residence registration, residence registration requesters shall declare their information using the available electronic forms, upload scanned copies or photocopies of valid documents (not requiring notarization, certification, digital signatures, or other verification), or reference documents from electronic data sources of organizations or individuals; pay charges using the online payment function or by other methods in accordance with the law regulations. After submitting a dossier, each residence registration requester shall be issued 01 administrative dossier tracking number to monitor and check the progress of his/her dossier or receive instructions for supplementing and completing his/her dossier upon request of the residence registration office.

In cases where citizens upload scanned copies or photocopies of papers and documents that are not digitally signed or otherwise certified, the residence registration offices shall check and verify such information in order to proceed with residence-related procedures. The citizens shall produce the papers and documents they have uploaded for the residence registration offices check, compare and record their truthfulness in the written record of verification. The residence registration offices shall not request the citizens to submit such documents for retention purposes.

4. Scanned copies or photocopies of valid and unexpired documents captured by electronic devices shall be clear, complete, and have all their content intact. If they were issued by foreign competent authorities, they must be legalized by consular authorities and translated into Vietnamese in accordance with regulations, unless exempted from consular legalization.

5. In cases where documents proving eligibility for residence registration have been shared and utilized from the national database or specialized database, the residence registration offices shall not request citizens to submit or produce such documents to proceed with residence registration procedures.

6. Results of residence-related procedures shall be notified via paper notices, electronic notifications, or SMS.

7. Residence registration offices may refuse to proceed with residence-related procedures without refund of the charges already paid in cases where they discover that the papers and documents provided by citizens are tampered, modified or forged.”.

2. To amend Clause 2, Article 4 as follows:

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

a) In person 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’s Portal, the Ministry of Public Security’s Portal or the website of Public Security offices at all levels and in all localities;

dd) Via VNeID application and the mass media.”.

3. To amend Article 6 as follows:

“Article 6. Identification of relationship with the head of the household and handling of particular cases in residence registration and management

1. In cases where a citizen’s information is not available in the National Population Database or his/her information is incomplete, the residence registration office shall collect, check, verify, update and add such information to the National Population Database before receiving his/her dossier and proceeding with residence-related procedures.

2. While checking and managing residence, the residence registration offices shall accurately and promptly review and update information on citizens’ current places of residence under their management in the National Population Database.

3. The police office managing prisons, reformatories and compulsory corrections facilities and the police office managing temporary detention or custody of the Ministry of Public Security shall coordinate with the police office for administrative management of social order of the Ministry of Public Security in accurately and promptly identifying and updating information on current places of residence of persons subject to temporary detention; persons serving imprisonment sentences; and persons sent to compulsory corrections facilities, compulsory detoxification facilities, or reformatories onto the National Population Database.

4. The relationship between members and the head of a household is determined as follows: wife, husband, biological father, biological mother, mother-in-law, father-in-law, adoptive father, adoptive mother, stepmother, stepfather, biological child,  daughter-in-law, son-in-law, adopted child, stepchild; paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological older brother, biological older sister, biological younger sibling, biological niece/nephew; older/younger half-sibling with the same father; older/younger half-sibling with the same mother; older brother-in-law, younger brother-in-law, older sister-in-law, younger sister-in-law; paternal great-grandfather/great-grandmother, maternal great-grandfather/great-grandmother, paternal grandchild, maternal grandchild, paternal biological uncle (father’s older brother), paternal biological uncle (father’s younger brother), maternal biological uncle, paternal biological aunt, maternal biological aunt, biological great-grandchild; guardian, ward; person who is permitted to live with the household, person who borrows and lives in the house, tenant, co-resident of the person who is permitted to live with the household, co-tenant, co-resident of the person who borrows and lives in the house.

5. If a person whose relationship with the owner of a lawful place of residence is prescribed at Point a, Clause 2, Article 20 of the Law on Residence registers for permanent residence in such place of residence where no household has previously registered their permanent residence and if his/her case does not fall under those prescribed in Article 23 of the Law on Residence, his/her dossier for permanent residence shall comply with Clause 2, Article 21 of the Law on Residence.

6. If the residence registration requester has a relationship, as prescribed at Point a, Clause 2, Article 20 of the Law on Residence, with the head or any member of a household whose permanent residence is a lawful place of residence that they rent, borrow, or are permitted to stay in, his/her dossier for permanent residence shall comply with Clause 2, Article 21 of the Law on Residence.

7. If a person registers his/her permanent residence under the conditions prescribed at Point a, Clause 2, Article 20 of the Law on Residence at a place of residence that falls under the locations prescribed in Article 23 of the Law on Residence, his/her dossier for permanent residence may not require the consent of the owner of such lawful place of residence in cases where the owner cannot be identified.”.

4. To add Clause 3 to Article 8 as follows:

“3. A head of a household at a social relief establishment is an individual residing in the social relief establishment and appointed by persons being cared for, nurtured or supported. In cases where there is no agreement on who should be the head of the household, a person being cared for, nurtured, or supported will be designated as the head of the household, as decided by the head of the social relief establishment.”.

5. To amend Clause 3 and add Clause 4 and Clause 5 to Article 9 as follows:

“3. If a Vietnamese national who permanently resides abroad used a passport or an international travel document issued by a foreign authority or another document issued by a competent authority in Vietnam for his/her latest entry into Vietnam, or if the Vietnamese passport he/she used was lost or expired, his/her dossier for permanent residence registration must comprise a paper or document proving his/her Vietnamese citizenship in accordance with Vietnam’s law regulations on citizenship. Additionally, he/she shall produce the papers used for entry into Vietnam upon registration of permanent residence so that the immigration office of the Ministry of Public Security can consider granting written permission to proceed with the permanent residence registration.

4. The residence registration office shall send a request for written permission to proceed with the permanent residence registration (enclosed with the dossier for permanent residence registration) to the immigration office of the Department of Public Security in the province or municipality where the citizen is seeking to register permanent residence, allowing such immigration office to check and verify the information before requesting the immigration office of the Ministry of Public Security to consider granting written permission to proceed with the permanent residence registration. The immigration office of the Ministry of Public Security shall consider and respond to the request of the residence registration office in writing.

5. The residence registration office shall notify the Vietnamese national permanently residing abroad, whose permanent residence registration has been successfully processed, that his/her passport or international travel document issued by a foreign authority is no longer valid for entry into or exit from Vietnam and that any entry and exit documents issued by Vietnamese authorities must be returned to the immigration office of Department of Public Security in the province or municipality for revocation and invalidation.”.

6. To amend Clause 2, Article 10 as follows:

“2. In case of a change in the civil status registration compared to information on the Residence Database, there must be a paper or document proving permission for change issued by a competent agency in charge of civil status registration, unless information on such change is available on the Electronic Civil Status Database and concerned citizens are not required to produce a supporting paper or document. In cases where such information is updated and shared from the Electronic Civil Status Database, concerned citizens are not required to conduct procedures for adjusting their residence information.”.

7. To add Clause 3 to Article 13 as follows:

“3. In cases where papers and documents proving lawful places of residence for temporary residence registration are house rental documents, house leases, or permissions to live in a house or other building owned by organizations or individuals, such papers and documents may not need to be certified or authenticated.”.

8. To amend Clause 3, Article 15 as follows:

“3. When a person comes to stay at a household, medical examination and treatment establishment, tourist accommodation establishment, accommodation establishment in an industrial park, or another establishment providing accommodations, the stay of such person shall be notified in one of the forms prescribed in Clause 1 of this Article and in accordance with the following regulations:

a) The head or a member of the household or the representative of the accommodation establishment in the industrial park or of the tourist accommodation establishment shall request such person to produce one of his/her legal papers showing information on his/her personal identification number in accordance with the law regulations and notify his/her stay to the residence registration office;

b) The representative of the medical examination and treatment establishment shall make a list of inpatients and notify their stays to the residence registration office of the locality where such medical examination and treatment establishment is located.”.

9. To amend Article 17 as follows:

“Article 17. Certification of residence information

1. Citizens may request residence registration offices nationwide, regardless of their places of residence, to certify their residence information by submitting their requests in person at such offices or via public service portals, VNeID application or other online public services as prescribed by law.

2. Contents of certification of residence information include the current place of residence, previous places of residence, period of residence at each place, form of residence registration, and other residence-related information available in the Residence Database and the National Population Database. A residence information certification shall be valid for 01 year from the date of issuance. In case residence information of citizens sees a change or is modified and updated to the Residence Database, the certification of such residence information is no longer valid from the time of change or modification.

3. Residence registration offices must certify residence information upon request of citizens. In cases where the residence information to be certified is available on the National Population Database, the certification process shall last no more than a half of working day. In cases where the residence information subject to certification is neither available on the National Population Database nor the Residence Database, the certification process shall last no more than 03 working days.”.

10. To amend and supplement Clause 2, Article 21 as follows:

“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; to provide guidelines on residence registration, thereby facilitating ex-inmates, who have completely served their prison sentences, to reintegrate into their communities.”.

11. To amend Clause 7, Article 22 as follows:

“7. To direct, examine and guide the residence registration and management for Public Security divisions of districts, towns, provincial cities or municipality-affiliated cities; to provide guidelines on residence registration, thereby facilitating ex-inmates, who have completely served their prison sentences, to reintegrate into their communities in the respective localities; to manage, operate, and utilize the Residence Database.”.

12. To amend Clause 2, Article 23 as follows:

“2. To collect, update and modify information on citizens to the Residence Database and the National Population Database according to their competence; to coordinate with authorities, organizations and individuals directly managing road, railway and inland waterway vehicles used in provision of passenger transport services in their respective localities in reviewing and making statistics of residence of drivers/operators and attendants in such vehicles for the purposes of residence management and crime prevention.”.

13. The phrase “Via the websites of residence registration agencies or the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, or the Public Service Portal for Residence Management” shall be replaced by the phrase “Via public service portals, VNeID application, or other online public services” at Point c, Clause 1, Article 15 and Point c, Clause 1, Article 16.

14. Article 12 on “Grant of written permission for permanent residence registration by immigration offices” is hereby annulled.

Article 2. To amend and supplement a number of articles and forms of Circular No. 56/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on forms used for residence registration and management (hereinafter referred to as Circular No. 56/2021/TT-BCA)

1. To amend Clause 1 and Clause 2 Article 3 as follows:

 “1. Declaration of residence information change (CT01) shall be used by a Vietnamese national currently residing in Vietnam to conduct procedures for registration or deregistration of permanent residence, household division, or adjustment to information on the Residence Database, registration, deregistration or extension of temporary residence, declaration or certification of residence information.

2. Declaration of residence information change (for Vietnamese nationals permanently residing abroad) (CT02) shall be used by a Vietnamese national permanently residing abroad, who used a passport or an international travel document issued by a foreign authority or another document issued by a competent authority in Vietnam for his/her latest entry into Vietnam, or whose Vietnamese passport used was lost or expired, to conduct permanent residence registration procedures.”.

2. To add Point c and Point d to Clause 2 Article 4 as follows:

“c) Depending on the needs of authorities, organizations, and individuals, they may request residence registration offices to issue electronic notifications of the results of residence-related procedures or their electronic copies (including Forms CT03, CT07, CT08) in accordance with the law regulations on implementation of administrative procedures in the electronic environment;

d) In cases where they submit electronic dossiers, the authorities, organizations or individuals shall make their declarations using Form CT01 (electronically displayed) and send them to residence registration offices for consideration and processing of residence-related procedures.”.

Article 3. To amend and supplement a number of articles of Circular No. 57/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on residence registration procedures

1. To amend Article 5 as follows:

“Article 5. Process of receiving dossiers submitted in person at residence registration offices

1. The officer who receives the dossier shall check and collate information stated in the declaration of residence information change with the information on the National Population Database and the Residence Database to verify the accuracy of such information and identify cases temporarily ineligible for change of place of residence (if any).

In cases where the information is unavailable or does not match, the officer who receives the dossier shall guide the citizen to contact the residence registration office of the locality where they are residing to have their information collected and updated in the National Population Database in accordance with the regulations.

2. Such officer shall check the dossier, and retrieve, use, record, and store the residence information of the citizen in the National Population Database, the national database, the specialized database, or the electronic data storages of organizations and individuals at the time of the implementation of the procedures, compare it with the law regulations on residence, and perform under the following regulations:

a) In cases where the dossier is valid, the officer shall receive the dossier, prepare and print a confirmation of application receipt and appointment for result delivery, sign and write his/her full name on it, and hand it to the citizen.

b) In cases where the dossier meets the conditions but there is a lack of any forms or documents, or the declarations on the forms are incorrect or incomplete, the officer shall provide specific and comprehensive instructions at once to enable the citizen to complete his/her dossier as requested. In cases where the citizen may neither supplement nor complete his/her dossier, the officer shall prepare and print a guidance note for dossier completion, sign and write his/her full name on it, and hand it to the citizen. After the citizen makes his/her dossier complete, the officer shall receive such dossier.

c) In cases where a dossier fails to meet the conditions, the officer shall prepare and print a written refusal of dossier receipt and processing that states the reasons for such refusal, sign it, and hand it to the citizen.”.

2. To amend Article 6 as follows:

“Article 6. Process of receiving dossiers from public service portals, VNeID application or other online public services

1. Citizens’ dossiers sent via public service portals, VNeID application or other online public services shall be transferred to the residence management software of the National Population Database system.

2. The officers who receive the dossiers, after such receipt, shall check and collate information declared on public service portals, VNeID application or other online public services with the information on the National Population Database and the Residence Database in order to verify the accuracy of such information and identify cases where the places of residence are temporarily not allowed for change (if any).

3. Such officer shall check the dossier, and retrieve, use, record, and store the residence information of the citizen in the National Population Database, the national database, the specialized database, or the electronic data storages of organizations and individuals at the time of the implementation of the procedures, compare it with the law regulations on residence, and perform the following:

a) In cases where the dossier is valid, the officer shall accept it and inform the citizen of the time when the results will be delivered.

‎‎b) In cases where the dossier meets the conditions but there is a lack of any papers or documents, or the declarations on the forms are incorrect or incomplete, the officer shall provide specific and comprehensive instructions at once to enable the citizen to complete his/her dossier as requested.

c) In cases where a dossier fails to meet the conditions, the officer shall refuse to accept the dossier and state in witting the reasons for such refusal.”.

3. To amend Clause 1, Clause 2 and Clause 3 of Article 7 as follows:

“1. Residence registration offices shall conduct verification while proceeding with procedures for residence registration, certification of residence information, household division, cancellation of permanent/temporary residence registration results, and adjustment to residence information.

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

a) The officer in charge of verification shall check, verify and be held accountable for the legality of the registered places of residence; relationship between the residence registration requester, who registers his/her residence into an existing household, and the head of such household, and whether the citizen is actually residing at the place where he/she registers his/her residence;

b) The residence registration office shall send a written request for verification of residence information to the residence registration office of the locality where the citizen is permanently or temporarily residing, or to another competent authority. This is done to verify whether the citizen’s right to freedom of residence is restricted in accordance with Clause 2, Article 4 of the Law on Residence, and other necessary information to confirm or update the citizen’s residence information and perform other residence-related procedures. In cases where the warning of the citizen’s restricted right to freedom of residence is available on the National Population Database, the verification is not required;

c) In cases where a citizen submits his/her dossier via the public service portal, VNeID application, or other online public services, but the papers and documents proving his/her eligibility for residence registration are not digitally signed or otherwise certified, the officer in charge of managing the respective locality shall contact the citizen for verification, checking, and collation to ensure the accuracy and consistency of such papers and documents. The officer shall not request the citizen to submit physical papers and documents in person at the residence registration office.

3. Principles of verifying residence and responding to verification requests

a) Residence verification requests shall be sent, received, and responded to through the residence management software system, in writing by post within the People’s Public Security Forces, or an officer shall be sent to conduct on-site verification. The written request for verification of residence information shall not be provided to the citizen for self-verification;

b) The office that receives the verification request shall check and collate the information to be verified with the data in the Residence Database, residence dossier archive, and citizen identification archive (if necessary), as well as with dossiers under its management or coordinate with relevant professional units to respond to the verification request;

If the person whose residence is being verified does not reside in the prescribed locality or their information is incorrect, making the verification invalid, the unit that receives the verification request shall promptly inform the unit that made the verification request. A response to the verification request must be provided in all cases. If, during the verification process, a wanted person, a fugitive from justice, or any other information related to security and order is discovered, the relevant authorities must be immediately notified to facilitate the timely arrest or application of other professional measures;

c) Each written request for verification of residence information shall be approved and signed by the head of the residence registration office;

d) Upon receiving the written request for verification of residence information, the requested unit must respond within no more than 02 working days.”.

4. The phrase “applications on electronic devices, the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, or the Public Service Portal for Residence Management” shall be replaced by the phrase “public service portals, VNeID application, or other online public services” in Clause 3 Article 8, Clause 3 Article 9, Clause 3 Article 10, Clause 3 Article 11, Clause 3 Article 12, Clause 3 Article 14, Clause 3 Article 15, Clause 3 Article 17 and Clause 3 Article 18.

5. The phrase “the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, or the Public Service Portal for Residence Management” shall be replaced by the phrase “public service portals, VNeID application, or other online public services” in Clause 2 Article 16 and Clause 2 Article 17.

Article 4. Forms

The following forms are promulgated together with this Circular:

1. Declaration of residence information change, designated as CT01, which supersedes Form CT01 attached to Circular No. 56/2021/TT-BCA.

2. Declaration of residence information change (for Vietnamese nationals permanently residing abroad without unexpired Vietnamese passports), designated as CT02, which supersedes Form CT02 attached to Circular No. 56/2021/TT-BCA.

3. Declaration of temporary absence, designated as CT03, which supersedes Form CT03 attached to Circular No. 56/2021/TT-BCA.

4. Confirmation of application receipt and appointment for result delivery, designated as CT04, which supersedes Form CT04 attached to Circular No. 56/2021/TT-BCA.

5. Guidance note for dossier completion, designated as CT05, which supersedes Form CT05 attached to Circular No. 56/2021/TT-BCA.

6. Written refusal of dossier receipt and processing, designated as CT06, which supersedes Form CT06 attached to Circular No. 56/2021/TT-BCA.

7. Residence information certification, designated as CT07, which supersedes Form CT07 attached to Circular No. 56/2021/TT-BCA.

8. Notice of results of residence-related procedure/annulment of residence-related procedures, designated as CT08, which supersedes Form CT08 attached to Circular No. 56/2021/TT-BCA.

9. Decision on annulment of residence-related procedures, designated as CT09, which supersedes Form CT09 attached to Circular No. 56/2021/TT-BCA.

10. Written request for verification of residence information, designated as CT10, which supersedes Form CT10 attached to Circular No. 56/2021/TT-BCA.

11. Written response to request for verification of residence information, designated as CT10a.

Article 5. Transitional provisions

Residence-related procedures shall be received and processed through the VNeID application upon satisfaction of technical infrastructure requirements and as decided by the Director of the Police Department for Administrative Management of Social Order.

Article 6. Effect

This Circular takes effect on January 01, 2024.

Article 7. Responsibilities for implementation

1. The Director of the Police Department for Administrative Management of Social Order shall monitor, guide, inspect, and urge Public Security offices at all levels and in all localities to implement this Circular.

2. Heads of units affiliated to the agencies of Ministry of Public Security and directors of provincial-level Departments of Public Security shall implement this Circular.

3. 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./.

 * All Appendices are not translated herein.