Circular No. 06/2008/TT-BCA-C11 on Registration Fee for Residency and Issuance of Identity Cards

CIRCULAR

Guidelines on some points regarding residence registration fees and issuance of identity cards

-Based on Directive No. 24/2007/CT-TTg dated November 1, 2007 of the Prime Minister on strengthening the enforcement of laws and regulations concerning fees and charges, and policies for mobilizing and utilizing contributions from the people.

-To unify the implementation of regulations on residence registration fees and issuance of identity cards, the Ministry of Public Security provides guidance on the following points:

I. CASES OF EXEMPTION FROM PAYMENT OF RESIDENCE REGISTRATION FEES AND IDENTITY CARD ISSUANCE FEES

1. Cases exempted from payment of residence registration fees include exemption when issuing new temporary residence certificates and exemption when issuing new household registration books under the following circumstances:

a) Previously not issued a household registration book due to inability to determine the place of permanent residence or having registered but not been issued a household registration book, now being issued a new household registration book in accordance with the Law on Residence.

b) Moving the place of permanent residence outside the administrative boundaries of a district, town, or city directly under the central government, outside a town or city within a province, or outside a commune or town within a county, and being issued a new household registration book, except in cases where the entire household moves together.

c) Splitting a household registration book.

2. Cases exempted from payment of identity card issuance fees include exemption when issuing new identity cards and when replacing identity cards that have exceeded their validity period (more than 15 years from the date of issuance).

3. The agency responsible for collecting fees must base its determination of exempted cases according to the guidelines set out in Clause 1 and Clause 2 above, and shall not require citizens to present documents or materials proving they fall within the exempted categories for residence registration fees or identity card issuance fees.

II. CASES WHERE NO FEES ARE COLLECTED FOR RESIDENCE REGISTRATION AND IDENTITY CARD ISSUANCE

1. Cases where no fees are collected for residence registration include:

a) Father, mother, wife, husband, children under 18 years old of martyrs; war invalids, children under 18 years old of war invalids; mothers honored with the title of Heroic Mother Vietnam;

b) Households in poverty reduction programs; citizens in mountainous communes and towns as defined by the Committee for Ethnic Minorities.

2. Cases where no fees are collected for identity card issuance include:

a) Father, mother, wife, husband, children under 18 years old of martyrs; war invalids, children under 18 years old of war invalids;

b) Citizens in mountainous communes and towns as defined by the Committee for Ethnic Minorities.

Documents proving eligibility for exemption from residence registration fees and identity card issuance fees are implemented as follows:

a) For cases stipulated in Point a, Clause 1, and Point a, Clause 2, Section II, when processing residence registration and identity card issuance procedures, the person applying must present the original (accompanied by a photocopy) of the relevant documents proving they fall within one of the aforementioned categories. The agency responsible for collecting fees must immediately return the original document to the applicant after comparing it with the photocopy; if such documents are not available, they must be confirmed by the People's Committee of the commune, ward, or town as belonging to one of these categories.

b) For cases where no fees are collected due to the citizen residing in mountainous communes and towns as stipulated in Point b, Clause 1 and Point b, Clause 2, Section II, the agency responsible for collecting fees must rely on the list of mountainous communes and towns as defined by the Committee for Ethnic Minorities to identify individuals falling within this category and shall not require citizens to present the list or confirmation that they reside in mountainous areas. For cases where no fees are collected due to households in poverty reduction programs as stipulated in Point b, Clause 1, Section II, there must be a confirmation from the People's Committee of the commune, ward, or town that they belong to this category.

III. AMOUNT OF COLLECTION AND MANAGEMENT AND USE OF RESIDENCE REGISTRATION FEES AND IDENTITY CARD ISSUANCE FEES

1. Based on Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws and regulations on fees and charges, Circular No. 45/2006/TT-BTC dated May 25, 2006 of the Ministry of Finance amending and supplementing Circular No. 63/2002/TT-BTC, Circular No. 97/2006/TT-BTC dated October 16, 2006 of the Ministry of Finance guiding fees and charges within the jurisdiction of provincial People's Councils, Circular No. 07/2008/TT-BTC dated January 15, 2008 of the Ministry of Finance on residence registration fees, and actual conditions at local levels, the provincial public security organ shall coordinate with the financial authority at the same level to report to the provincial People's Committee to submit to the provincial People's Council for decision on the amount of collection of residence registration fees and identity card issuance fees and the percentage to be retained by the fee collection agency. Identity card issuance fees do not include the cost of photographing for the person receiving the identity card. The public security organ must guide citizens to take their own photographs in accordance with regulations; if citizens cannot take their own photographs, they may be photographed and must pay for the service. The price of the photograph shall not exceed market prices.

2. Based on the total amount of fees retained, the Director of the provincial public security organ decides on the allocation to the Provincial Public Order Administrative Management Police Department, the District Public Order Administrative Management Police Team, the County Public Order Administrative Management Police Team, the Town Public Order Administrative Management Police Team, and the Commune, Ward, and Town Police Teams for rewards, overtime allowances, and other expenses as prescribed by law for staff directly involved in residence registration and identity card issuance work. The remaining amount must be remitted to the financial management unit of the provincial public security organ. The Provincial Public Order Administrative Management Police Department assists the Director of the provincial public security organ in planning the use of this amount for residence registration and identity card issuance work.

IV. EXPENSES FOR PRINTING, PURCHASING SUPPLIES, AND FORMS TO SUPPORT RESIDENCE REGISTRATION AND IDENTITY CARD ISSUANCE WORK

1. Expenses for printing forms to support residence registration work are implemented as follows:

a) For the HK02 Change of Household Registration and Population Report form, the registration fee for residence shall be used to print or purchase the form. For the HK08 Household Registration Book and HK09 Temporary Residence Book forms, local police agencies shall use the extracted registration fee for residence to print at printing facilities under the Ministry of Public Security and report the quantity printed to the National Police Agency.

b) For the HK01 Population Declaration form; HK03 Household Registration and Population Verification Report form; HK04 Change of Household Registration and Population Information Report form; HK05 Temporary Absence Declaration form; HK06 Household Registration File Tracking Report form; HK07 Household Registration Transfer Certificate form; HK10 Household Registration Resolution Tracking Book; HK11 Permanent Residence Registration Book; HK12 Temporary Residence Registration Book; HK13 Accommodation Reception Book; HK14 Household Registration File Bag; and HK15 Household Registration and Population Statistics form, local police agencies shall use the annual financial resources provided by the Ministry of Public Security to print or purchase these forms.

2. The printing and purchasing expenses for machinery, materials, and forms serving the issuance of Identity Cards shall be implemented as follows:

a) For the machinery and materials serving the issuance of Identity Cards including: pressing machines, typewriters, printers, numbering machines, complete Identity Card cutting machines, photo cutting knives, fingerprint collection kits, adhesive, various types of ink (excluding Identity Card pressing plastic), and other necessary machines; Identity Card forms including: CM4 Identity Card Application Form; CM6 Blank Identity Card; A7 Copy, the annual financial resources provided by the Ministry of Public Security to local police agencies shall be used.

b) For the Identity Card forms including: CM1 List of People Eligible for Identity Card Issuance; CM2 Identity Card Issuance and Management Result Report, local police agencies shall use the annual financial resources provided by the Ministry of Public Security to self-print these forms.

c) For other materials and forms used for Identity Card issuance, local police agencies shall use the extracted registration fee from the Identity Card issuance fee to print or purchase them. Specifically, for Identity Card pressing plastic, to ensure confidentiality, local police agencies shall purchase it from the Identity Card pressing plastic production facility under the Technical General Department of the Ministry of Public Security.

3. For localities where the extracted registration fee does not ensure the financial resources for household registration and Identity Card issuance work, each year, provincial-level police agencies shall prepare budgets together with state budget reports to submit to the Ministry of Public Security (through the Finance Department) for consolidation and submission to the competent authority for consideration and decision-making on supplementary funding; specifically, for materials, equipment, and forms serving Identity Card issuance work, they must also submit final accounts and forecasts to the National Police Agency and the Logistics General Department.

V. IMPLEMENTATION

1. This Circular takes effect 30 days from the date of signature and replaces Circular No. 01/2003/TT-BCA(C11) dated January 3, 2003, issued by the Ministry of Public Security guiding certain points regarding the system of fees for Identity Card issuance and household registration and management fees according to Circular No. 77/2002/TT-BTC dated September 10, 2002, issued by the Ministry of Finance.

2. The Logistics General Department shall take the lead and coordinate with the National Police Agency, the Finance Department, and related units to report to the leadership of the Ministry for approval of the forecast for the provision of materials and equipment used in household registration and Identity Card issuance work, and organize distribution to localities to meet the needs of this work promptly.

3. The Finance Department shall be responsible for ensuring the financial resources for the implementation of household registration and Identity Card issuance work as guided by this Circular.

4. The National Police Agency shall be responsible for monitoring, guiding, and urging police units and localities to implement this Circular. During the implementation process, if any difficulties arise, police units and localities shall reflect them to the Ministry (through the National Police Agency and the Finance Department) for timely guidance.

During the implementation process, if any difficulties arise, police units and localities shall reflect them to the Ministry (through the National Police Agency and the Finance Department) for timely guidance./.