Circular No. 06/TT-BNV(C13) guiding the implementation of Decree No. 51/CP dated May 10, 1997 of the Government on registration and management of household registration

CIRCULAR

OF THE MINISTRY OF HOME AFFAIRS

GUIDING IMPLEMENTATION OF DECREE NO. 51/CP DATED MAY 10
1997 OF THE GOVERNMENT ON REGISTRATION AND MANAGEMENT OF HOUSEHOLD REGISTERS
AND RESIDENCE

On May 10, 1997, the Government issued Decree No. 51/CP on registration and management of household registers. The Ministry of Home Affairs issues this Circular to guide implementation of the above Decree as follows:

 

I. EXPLANATION OF SOME GENERAL PROVISIONS
IN THE DECREE.

1. Article 1 of the Decree clearly states the position and purpose of registration and management of household registers (registration and management of residence - "ĐKQLHK"): it is an administrative management measure of the State aimed at determining the place of residence of citizens to ensure the exercise of their rights and obligations as citizens, strengthen social management, and maintain political security - public order and safety.

2. The Ministry of Home Affairs is the agency entrusted by the Government to be responsible for registration and management of household registers.

Public Security agencies at all levels shall implement registration and management of household registers according to the division of work and authority specified in this Circular.

Registration and management of residence shall be uniformly implemented throughout the country in accordance with Decree No. 51/CP and guidance from the Ministry of Home Affairs, including:

Registration and management of permanent residence;

Registration and management of temporary residence;

Registration and management of temporary absence;

Supplemental registration, adjustment, and correction of changes regarding household registers and population;

Inspection and handling of violations related to registration and management of residence.

3. Every Vietnamese citizen has the right and obligation to implement registration and management of residence with the Public Security agency in accordance with Decree No. 51/CP and guidance from the Ministry of Home Affairs.

Each citizen shall only register permanent residence at one specific place of residence where they live regularly. In cases where conditions of work or living require regular mobility, they must take the main office of the organization or unit, the original base, or a previous place of residence as the place of permanent residence registration.

When moving to a new place of residence, citizens must comply with the regulations on registration and management of residence as stipulated.

4. The following persons are not allowed to transfer their permanent residence registration to another place:

Persons currently serving a criminal sentence. For civil judgments, if it is determined that transferring the residence registration of the person subject to enforcement of the judgment would affect the execution of the judgment, such transfer is not permitted;

Persons currently implementing a decision of a competent state agency regarding compulsory residence, under the management of local authorities such as: education in communes, wards, towns; administrative surveillance;

Persons currently implementing a court judgment or a decision of a competent state agency regarding prohibition of residence shall not be allowed to register residence in prohibited areas. These prohibited areas include cities, towns, border regions, and other important areas concerning national defense, security, and economy as prescribed by the competent authority.

5. People living together in a house and having family relationships (grandparents, parents, spouse, children, siblings) and others who are agreed by the head of the household to join the family household may establish a family household register.

In each family household register, a person aged 18 or older must be designated as the head of the household to implement regulations on registration and management of residence within their household. If there is no person aged 18 or older in the household, the oldest person in the household may be designated as the head of the household.

6. Registration of permanent residence for collective households as stipulated in Article 5 of Decree No. 51/CP refers to civil servants, employees, workers in the establishment of state agencies (including defense and police personnel), members of economic and social organizations... living alone in collective housing shall not register a family household.

Each collective household member must directly register residence with the Public Security agency at their current place of residence.

Each person registered in a collective household will be issued a certificate of collective household membership.

Organizations with collective household members must designate a person responsible for collective housing to remind everyone to comply with regulations on registration and management of residence. When changing the person responsible for collective housing, the organization must notify the Public Security agency in charge of registration in writing.

Those who register residence in a collective household but are merely nominal, and who regularly return home to eat and stay or have legal housing elsewhere, shall transfer their residence registration to a family household.

7. The registration and management of residence of the People's Army and the People's Police must also be carried out in accordance with Decree No. 51/CP and this Circular.

 

II. CONDITIONS AND PROCEDURES FOR REGISTRATION OF PERMANENT RESIDENCE.

 

A. CONDITIONS REGARDING LEGAL HOUSING TO BE ELIGIBLE FOR REGISTRATION OF PERMANENT RESIDENCE AT A NEW LOCATION.

According to Article 11 of Decree No. 51/CP: to be eligible for registration of permanent residence at a new location, there must be legal housing. This condition applies compulsorily to all areas. Legal housing for the basis of registration of permanent residence should be understood uniformly as follows:

1. Housing owned by oneself: It must be housing of the person applying for household registration or one of the members of that household, with all elements of ownership being: possession, use, and disposal. Confirmation of ownership must be based on a certificate of ownership of housing issued by a competent legal authority. In cases where there is no ownership certificate, there must be a certificate of inheritance, gift, purchase, sale of housing, or self-built housing. These cases must be certified by the People's Committee of the commune, ward, or town.

2. Housing legally used (housing without possession or disposal rights) by the person applying for household registration or one of the members of that household, which has been allocated or contracted for residence. This housing contract or allocation must have valid documents as prescribed.

3. Housing agreed by the head of the household to reside in legal housing of their own must be one of the cases mentioned in points 1 or 2 above. The person agreeing must be the head of the household or the owner of the house (if they do not have permanent residence registration at that location). This agreement must be in writing.

Even if these types of housing meet the above requirements, they shall not be eligible for registration of permanent residence if the housing is in dispute (with complaints filed and the competent authority is resolving them) or located in an area announced for relocation due to planning purposes (except in cases where spouses, children, or parents move in together). Specifically, for cases of residing in housing mentioned in point 3 above, sufficient minimum area as prescribed by each locality and ensuring environmental sanitation must be guaranteed.

 

B. CONDITIONS FOR REGISTRATION OF PERMANENT RESIDENCE IN A CITY OR TOWN.

Persons registering for permanent residence in cities or towns, in addition to the housing conditions specified in Section A above, must also meet one of the conditions stipulated in Article 12 of Decree 51/CP. When handling such cases, attention should be paid to the following points:

1. Regarding the condition stated in Point 1 (persons assigned or recruited by competent state agencies):

a. The authority with the power to assign or recruit civil servants, public officials, students, or trainees is the head of the ministry or agency (if it is at the central level) or the Chairman of the People's Committee of the province or centrally-administered city (if it is a local agency or organization).

b. Specifically, for criterion b (being decided to return to work...), the authority assigning or recruiting, in addition to the provisions mentioned above, may also directly assign the person to return to their previous workplace.

c. When registering permanent residence for persons specified in Point 1 of Article 12, the police agency shall base its decision solely on the assignment or recruitment decision mentioned above and shall not require them or the relevant agency to present notification letters or lists of staffing quotas.

2. Regarding Point 3 (outside the provisions of Points 1 and 2 of Article 11), when handling, it should be understood as follows:

a. Persons who have reached retirement age: According to the current Labor Law, the retirement age for men is 60 years old, and for women, it is 55 years old.

b. Persons who have lost their ability to work are those who cannot support themselves and must rely on others for living.

c. Guardians referred to in this Decree are guardians under the Civil Code, individuals designated by law or appointed to care for and protect the legitimate rights and interests of the ward. The ward is a minor without parents or whose parents are both incapable of civil acts.

d. Persons under 18 years old referred to in Subpoint d of Point 3 include those who have lost both parents (due to death or disappearance) or whose parents are both incapable of civil acts, or due to special circumstances, cannot raise their children and must rely on others for care.

Subpoint d of Point 3 does not mention children aged 18 or younger accompanying their parents. However, according to the Civil Code, children aged 18 or younger must live with their parents (unless the parents agree otherwise) regardless of the number of children. In cases where children over 18 are still dependent on their parents, they can also be registered for permanent residence with their parents.

e. The authority responsible for Vietnamese citizens returning from abroad to cities or towns referred to in Point e is the Exit-Entry Authority of the Ministry of Public Security.

f. Place of origin referred to in Subpoint g: It is the ancestral home of that person from many generations ago. If the person returns to register for permanent residence, they must present proof that this place is their ancestral home. If there are accompanying persons such as parents, spouse, children, grandparents, or other dependents, they can also be registered together.

3. Special cases referred to in Point 4 of Article 12 are those requiring political needs, economic, cultural, and social development, high-level professionals, renowned intellectuals, policy beneficiaries, and other exceptional citizens who need to reside in cities or towns.

 

C. REGISTRATION FOR MOVING OUT AND REGISTRATION FOR MOVING IN.

Registration for moving out and registration for moving in as stipulated in Article 10 of the Decree shall be carried out as follows:

1. Registration for moving out.

When moving to another place (from permanent residence registration) including moving the entire household or an individual.

a. For the following cases of moving out, the head of the household or the person moving out must report to the police station where the permanent residence is registered:

a.1. Moving within the same commune, town, or ward or outside the ward but within the same district or inner part of a centrally-administered city or provincial capital.

a.2. Moving outside the commune, town (excluding communes or towns belonging to districts of centrally-administered cities).

a.3. Moving outside the district, county, town, or provincial city (including within and outside the province or centrally-administered city).

The reporting procedure includes:

Presenting the identity card of the person making the report;

Filling out the "Change of Household Registration and Population Report Form";

Presenting the family household book or certificate of collective population;

Presenting other related documents concerning the move.

b. The police agency will process based on the documents as follows:

For the first case (a.1), no transfer certificate is issued, only adjustments are made in the household book or collective population certificate under the change of address section.

For the remaining two cases, a transfer certificate must be issued to the applicant, and the family household book or collective population certificate must be kept in the household file.

c. Authority to issue the transfer certificate:

For the object moving out as stated in Point a.2, the transfer certificate is issued by the Chief of the Police Station of the commune or town; for the object stated in Point a.3, the transfer certificate is issued by the Chief of the Police Station of the district, county, town, or provincial city.

The maximum time to complete this process from the date of receiving all valid procedures is three days.

2. Registration for moving in: This is the registration for permanent residence for persons coming from elsewhere.

a. For persons moving in.

Within seven days (if in a city or town) and ten days (if in rural areas), the head of the household or the person newly moved in must go to the police station of the commune or town (if in rural areas) or the police station of the district, county, town, or provincial city (if in a city or town) to handle the permanent residence registration procedures. The person handling the procedures must have the following documents:

Identity card of the individual. If they are military personnel, they must present their military identification card, if they are police officers, they must present their police officer certificate.

Fill out the "Change of Household Registration and Population Report Form";

"Transfer Certificate" issued by the police station of the previous place of permanent residence (except for members of the armed forces living in barracks, Vietnamese citizens returning from abroad, released prisoners, graduates of educational institutions, or patients discharged from medical facilities, who must present alternative documents as guided by this Circular).

Documents proving legal residence: Depending on the type of residence, present the appropriate residence documents as specified in Section A above.

Other documents directly related to specific cases that are required include:

Marriage certificate (if husband and wife live together). In case there is no marriage certificate, birth certificates of children or other documents can be presented to prove the marital relationship.

Birth certificate (if registering newborn children).

Passport with entry-exit stamp of border police (for Vietnamese citizens returning from working, studying, or laboring abroad).

Decision on transfer, recruitment, demobilization, discharge, retirement, or resignation.

Introduction letter from the competent authority of the military or police (as stipulated at point 4 section B part III below) and presenting military identification card or police identification card (for individuals in the Police or Military applying for household registration).

Document from the immigration agency (to be presented according to specific circumstances such as: certificate of return, certificate of return to the country, or introduction letter).

Release papers from prison (for those released from prison), release papers from educational institutions (for those released from educational facilities or treatment centers).

Family household book or certificate of collective population registration, identity card (if issued).

b. Staff handling household registration must check the application; if they find that the citizen's request for household registration meets the prescribed procedures, they shall accept the application, issue a receipt, and schedule a date to deliver the result; if the application is incomplete, they shall guide the applicant to supplement the missing information and only accept the application once it is complete. After accepting the application, they must propose to complete the procedure for issuing the family household book or certificate of collective population registration to be returned to the applicant.

The maximum time to resolve and provide the result to the public is 10 days (for rural areas) and 20 days for those applying in cities or towns.

c. Households and individuals who are granted household books or certificates upon permanent residence registration must pay a fee as prescribed.

D. REGARDING THE ESTABLISHMENT, MANAGEMENT, AND USE OF HOUSEHOLD BOOKS AND CERTIFICATES OF HOUSEHOLD REGISTRATION.

1. The model of Household Book and Certificate of Household Registration is uniformly issued by the Ministry of Public Security throughout the country, including the following main types:

Household Book (registration book) kept at the Public Security agency responsible for household registration management;

Family Household Book, issued to each family household;

Certificate of Collective Population, issued to each collective population;

Temporary Residence Registration Book with a specified term, issued to each temporary resident household or individual with a specified term.

2. Original Household Book: The original Household Book is established and retained by the Public Security agency directly responsible for household registration; the original Household Book is established according to the residential area of administrative units such as wards, communes, villages, hamlets, streets, residential complexes of organizations...

AT rural areas (except communes and towns under central cities) are established and retained by the Chief of Public Security of the commune or town for registration, monitoring, and managing changes in household registration and population.

AT central cities, provincial cities, and towns are established and retained by the Chief of Public Security of the district for registration, monitoring, and managing changes in population and household registration.

The original Household Book is a legal document serving as the basis for confirming the residence of citizens, and is the basis for adjusting the family Household Book and Certificate of Collective Population, and for some other matters.

Residential complexes of organizations, in addition to the original Household Book kept at the Public Security agency, have a copy of the Household Book for the person in charge of the residential complex to monitor and compare with the Certificate of Collective Population of each individual in the residential complex. This copy does not have legal value to replace the original Household Book at the Public Security agency.

3. Family Household Book:

Principles for issuing the Family Household Book:

The Family Household Book is issued to each family household that has registered permanent residence in all areas across the country.

Each family household may consist of one or more people, and multiple family households can be registered in one house if they operate independently economically.

If divorced spouses live in the same house, they can register separate family households.

The Chief of Public Security directly responsible for permanent residence registration signs the Family Household Book: in rural areas (excluding communes and towns under central cities) signed by the Chief of Public Security of the commune or town; in cities and towns signed by the Chief of Public Security of the district, town, or city under the province. For suburban districts of central cities, the Chief of Public Security of the district signs the book.

Individuals receiving the Family Household Book must be responsible for its safekeeping and not use it as collateral or lend it out... They must present it when requested by authorized public security officers to check household registration.

The Family Household Book has legal value in transactions related to requirements that necessitate the book. When there are changes or damage, loss... it must be reported immediately to the household registration agency.

4. Certificate of Collective Population:

Principles for registering and issuing the Certificate of Collective Population as stipulated at point 6 part I of this Circular.

The Certificate of Collective Population is signed by the Chief of Public Security of the district, county, town, or city under the province.

The Certificate of Collective Population has legal value in transactions related to necessary requirements. When there are changes or damage, loss... it must be reported immediately to the household registration agency.

5. Entries in the Household Book and Certificate of Household Registration must be fully and clearly recorded, without abbreviations or erasures. If corrections are made, the stamp must be affixed over the erased portion.

Reissuing the Family Household Book or Certificate of Collective Population: When damaged or lost. The reissued book or certificate must clearly indicate the number of times it was reissued on the cover; a fee must be paid each time it is reissued as prescribed.

III. HOUSEHOLD REGISTRATION MANAGEMENT FOR THE ARMED FORCES
AND THE PEOPLE'S POLICE

Officers, professional soldiers, non-commissioned officers, and civilian employees of the People's Army and People's Police living in military camps or military residential complexes shall handle household registration according to special regulations of the Ministry of National Defense and the Ministry of Public Security. This Circular only guides the registration of permanent residence for members of the People's Army and People's Police who live with their families daily or have legal residences approved by authorized military or police authorities to register separate family household registrations.

 

A. REGARDING OBJECTS AS MEMBERS OF THE ARMED FORCES AND THE PEOPLE'S POLICE WHO ARE SUBJECT TO FAMILY HOUSEHOLD REGISTRATION AS PROVIDED IN DECREE 51/CP AND THIS CIRCULAR

1. For the People's Army including:

Officers;

Professional soldiers;

National defense workers on establishment rolls.

The above three categories are referred to collectively as military personnel.

2. For the People's Public Security including:

Operational officers and technical officers;

Non-commissioned operational officers and non-commissioned technical officers;

Public security workers on establishment rolls;

The above three categories are referred to collectively as public security personnel.

 

B. PROCEDURES AND SPECIFIC CASES FOR REGISTERING HOUSEHOLD REGISTRATION OF FAMILY HOUSEHOLDS:

1. Registering family households in areas not belonging to cities or towns:

Military personnel and public security personnel who are currently serving on active duty and working at communes, wards, districts, and are allowed by their agencies or units to return home for meals and accommodation daily or have legal residential premises as stipulated in Article 11 of Decree 51/CP and guided in Section A, Part II of this Circular shall be eligible to register their household registration with their family households.

2. If registering family households in cities or towns (as provided for in Point 2 of Article 12 of Decree 51/CP), they must be military personnel and public security personnel who are stably employed at agencies and units of the army and public security located in cities or towns, and are allowed by competent authorities (as specified in Point 4 below) to return home for meals and accommodation or have legal residential premises (as stipulated in Article 11 of Decree 51/CP and Section A, Part II of this Circular). In addition to these conditions, they must also meet one of the following conditions:

a. The person applying for family household registration is a member of the army or public security establishment who is stably employed in the city or town, and outside working hours, regularly returns home to live with parents, spouse, children who are permanent residents in the city or town. For family household registration in border areas, it shall be implemented according to the regulations for other cadres and staff as stipulated in Subpoint a of Point 3 of Article 12 of Decree 51/CP.

b. Female military personnel and public security personnel in the army and public security establishments who have formed families or have children.

c. Military personnel and public security personnel in the army and public security establishments who have been continuously employed and are currently residing in cities or towns for three years or more.

d. Military personnel and public security personnel in the army and public security establishments who are employed at agencies and units located in cities or towns and are authorized by competent authorities to retire.

3. Procedures for registering permanent residence in family household registration, the applicant must:

Present military identification or a certificate of public security;

Fill out the "Change of Household Registration and Population Report Form";

Fill out the "Population Registration Form";

Provide an introduction letter issued by the competent authority as stipulated in Point 4 below;

Present documents regarding legal residential premises.

The police agency will process the application for issuance of the household registration book after receiving all necessary documents as stipulated in Point 2, Section C, Part II of this Circular.

4. Authority to issue introduction letters for military personnel and public security personnel to register family household registration is as follows:

Director of the Bureau, Principal of the Academy or equivalent level (if issuing to personnel under the establishment of agencies and units under the Ministry of Defense and the Ministry of Public Security).

Heads of Military Zones, Corps, Services, Arms, and Commandants of Military Regions.

Commanders of Provincial Military Commands directly under the Central Government, Directors of Public Security Departments of provinces and cities directly under the Central Government.

Directors of academies and principals of universities and secondary schools.

Commanders of District Military Commands or Chiefs of Public Security Police Stations in districts, counties, and towns under provinces.

The person issuing the introduction letter for household registration must be responsible for issuing it only to those who meet the conditions for family household registration and are members of the establishment of the agency or unit as stipulated in Article 6 and Point 2 of Article 12 of Decree 51/CP and guided in Part III of this Circular.

5. When military personnel and public security personnel leave the barracks or place of permanent residence and stay overnight elsewhere, they must report temporary residence registration as required.

Those who are not members of the establishment of the Public Security and Military but reside in barracks or collective housing of the Military and Public Security must register their household with the local police according to general regulations.

 

IV- TEMPORARY RESIDENCE MANAGEMENT REGISTRATION, TEMPORARY ABSENCE MANAGEMENT REGISTRATION.

A- TEMPORARY RESIDENCE MANAGEMENT REGISTRATION.

According to Articles 14 and 15 of the Decree, there are two types of temporary residence registration: Temporary Residence Registration and Temporary Residence Registration with a Term.

1. Temporary Residence Registration:

a. Persons required to register temporary residence are those aged 15 and above (including military and public security personnel when outside the barracks) staying overnight outside the scope of the commune, ward, or town where they are permanently registered for any reason must report temporary residence to the Police Station or Police Post of the place they arrive.

In cases where parents, spouses, or children temporarily reside at each other's homes, they should report once a year.

b. When someone arrives for temporary residence, the head of the household, hotel manager, or person in charge of guesthouses, hotels, or collective housing must directly or appoint someone to report temporary residence at the temporary residence registration points of the Police Station or Police Post before 23:00. If guests arrive after 23:00, they should report the next morning before the guests leave.

The reporting procedure includes:

- Identity card or other personal identification documents of the person staying temporarily.

- Fill out the "Temporary Residence and Absence Registration Form".

The officer on duty at the temporary residence registration point must check and compare the information recorded in the temporary residence and absence registration form with the guest's documents, then sign to confirm on the part of the form given to the reporter.

2. Temporary Residence Management Registration with a Term.

a. The subjects and authority to issue certificates (or books) for Temporary Residence Registration with a Term (hereinafter referred to as certificates) are stipulated in Article 15 of the Decree and include:

- Persons actually residing in the locality but not yet meeting the conditions for permanent household registration. These persons, regardless of how long they have stayed, are not considered temporary residents with transient characteristics mentioned in Point 1 above. They have the need for permanent household registration but do not yet meet the conditions or procedures, thus they are issued a term certificate of 12 months, issued by the Chief of Police Station, Ward, or Commune where they reside.

Persons coming from elsewhere to study, work, or engage in freelance labor:

Students and trainees coming to study at various schools (including general education, university, vocational high school, and private institutions), shall be issued certificates by the Chief of Police Station in the district where they temporarily reside, based on the duration of their studies.

Persons coming to learn trades at private institutions or cooperatives, or those coming to engage in freelance labor (working as hired labor), shall be issued certificates by the Chief of Police Station, Ward, or Commune where they temporarily reside, with a maximum term not exceeding six months.

Persons recruited to work under labor contracts at state agencies, organizations, and enterprises of all economic sectors; persons working at representative offices or branches of foreign countries in Vietnam shall be issued a temporary residence permit by the Head of the Police Station of the district where they reside temporarily, according to the duration of their contract but not exceeding 12 months at most.

b. The above-mentioned temporary residents must go through procedures to register for a limited-term temporary residence permit, each person being issued a limited-term temporary residence permit.

The documents required for the procedures to apply for a limited-term temporary residence permit are as follows:

"Notification of Household Registration and Population Change Form".

Fill out the "Population Registration Form".

Present a citizen identification card.

In addition to the aforementioned documents, depending on specific cases, additional documents may be required:

For students and trainees, present the call-up notice for enrollment and confirmation from the police station of their previous place of permanent residence stating that they are residents of that locality going to study (no certificate of transfer will be issued).

Labor contract (for workers with a labor contract).

Confirmation from the local authority of the place where the person resides permanently confirming that they are a resident of that locality or a temporary absence notice for business and living purposes.

The above documents shall be directly brought to the competent police agency by the applicant or the representative of the organization, institution, employer, or accommodation provider to apply for a limited-term temporary residence permit.

c. Matters to note:

If the above-mentioned permits expire and the temporary resident continues to stay, they must go to the issuing police station to request an extension or issuance of a new permit. During the usage period, if there is a change in the place of temporary residence, purpose of temporary residence, loss, damage... the applicant must report and go through the procedures to obtain a new permit.

A limited-term temporary residence permit does not replace a household registration book or a collective population certification, but only confirms the lawful temporary residence of citizens, facilitating their business and living activities.

Persons who are granted a limited-term temporary residence permit (or book) must pay a fee as prescribed.

Specific issues regarding the registration and management of limited-term temporary residents shall be detailed by the Director of the General Bureau of Public Security.

B. REGISTRATION AND MANAGEMENT OF TEMPORARY ABSENCE

1. The registration and management of temporary absence as stipulated in Article 16 of Decree 51/CP shall be implemented as follows:

a. Individuals aged 15 years and older who leave their registered place of permanent residence overnight for personal reasons in another district, county, town, or city within a province must declare temporary absence.

b. Those declaring temporary absence must go to the temporary residence and absence registration points of the police station of the commune, ward, or town to fill out the "Temporary Residence and Absence Notification Form", clearly stating the duration, reason for absence, and destination.

c. If a person leaves their place of permanent residence for more than six months without declaring temporary absence and without a valid reason, the police station of the place of permanent residence registration shall examine each case individually. If the name is to be deleted, a record must be made and the head of the household or the person responsible for the collective housing notified. Upon return, the individual must submit a statement explaining the reason for absence and requesting re-registration. Based on the applicant's explanation and related documents, the household registration agency shall examine and resolve the matter.

d. Individuals with permanent residency but actually not residing at the place of permanent residence registration without a valid reason or unable to reside there shall be required to explain the reason. If deletion is necessary, it must be recorded according to the proper procedure.

 

V. REGARDING THE ESTABLISHMENT OF POPULATION REGISTRATION FORMS: SUPPLEMENTAL REGISTRATION
ARTICLE AMENDMENTS TO OTHER CHANGES IN POPULATION REGISTRATION AND HOUSEHOLD REGISTRATION; INSPECTION AND HANDLING OF VIOLATIONS IN HOUSEHOLD REGISTRATION MANAGEMENT.
AND VIOLATION HANDLING REGARDING POPULATION REGISTRATION MANAGEMENT. 

A. ON THE COMPLETION OF POPULATION DECLARATION FORMS

1. Article 7 of the Decree stipulates that citizens aged 15 years and older must complete their own population declaration forms accurately and fully according to a unified model issued by the Ministry of Interior. The population declaration form is a self-narrative of the citizen's personal history and serves as one of the bases for household registration procedures.

Those who cannot read or write may have others fill out the population declaration form on their behalf based on their statements. The person filling out the form must faithfully record the declarant's statement and sign with their full name.

Each individual aged 15 years and older only needs to declare once (unless they fall under one of the cases mentioned in Point 2 below). When there are changes in the contents of the declaration form, supplementary declarations must be made using the "Population and Household Change Report Form" with the registration authority.

2. The following individuals must declare their population declaration form when registering their household:

Individuals moving from another province or city;

Individuals returning from abroad;

Individuals returning from prison, educational reform facilities, medical institutions, or educational facilities;

Military and Police personnel registering their household with their family.

B. REGISTRATION OF AMENDMENTS AND SUPPLEMENTS TO OTHER CHANGES IN POPULATION AND HOUSEHOLD REGISTRATION.

Article 9 of the Decree stipulates the registration, supplementation, and amendment of changes in population and household registration as follows:

1. When the following changes occur:

There is a death or disappearance (according to civil law, missing for six consecutive months);

An individual enlists for military service (including both military and police);

An individual is permitted by a competent state agency to leave the country for at least twelve months (including for work, study, labor, or settlement abroad);

An individual is serving a prison sentence in correctional facilities, concentrated education and treatment centers, or educational facilities.

Within no more than seven days (except in cases of disappearance) from the date of such changes, the individual affected or the head of the household must report these changes to the local police station responsible for their permanent household registration so that the changes can be adjusted and the names of those affected can be removed from the original household register, family household register, or collective population certificate.

The reporting procedure includes:

Present identification cards, family household registers, or collective population certificates, and other relevant documents related to the changes.

Complete the "Population and Household Change Report Form."

The local police station will adjust the household register based on these documents and collect the identification card (except for individuals joining the Public Security Force and the People's Army). The maximum processing time for this is three days.

2. In cases where a household splits into multiple households or multiple households merge into one household, the head of the household or members of the household must go to the local police station to apply for change procedures including:

Presenting identification cards or military/police identification cards; Family household registers or collective population certificates.

Fill out the "Change of Household Registration and Population Report Form";

If splitting a household, present relevant documents related to the split such as legal residence certificates, divorce papers...

The public security agency will process and return results to the people within ten days based on these documents.

3. When changes such as correcting surnames, given names, middle names, or dates of birth occur, the head of the household or the individual affected must go to the registration authority to request corrections. The correction procedure includes:

Presenting identification cards, family household registers, or collective population certificates.

Presenting decisions permitting changes from the provincial or municipal People's Committee.

Complete the "Population and Household Change Report Form."

The public security agency will make corrections based on these documents for the individual concerned. The maximum processing time for this is seven days.

 

C. INSPECTION AND HANDLING OF VIOLATIONS OF HOUSEHOLD REGISTRATION MANAGEMENT REGULATIONS

1. Authority to inspect compliance with regulations on household registration management and handle violations.

a. Minister of Interior:

Directs, inspects, and supervises the implementation of household registration management in ministries, sectors, and localities.

Suspends or recommends the Prime Minister to issue a decision abolishing regulations of agencies, organizations, or localities that contravene Decree No. 51/CP and this Circular.

b. Director General of the National Public Security Agency:

Delegated by the Minister of Interior, guides, inspects, and supervises the implementation of regulations by agencies, organizations, localities, public security agencies at all levels, and citizens in household registration management. Cases of non-compliance are suspended or reported to the Minister for decision.

The Director of the Administrative Management Police Department assists the Director General of the National Public Security Agency:

Develops plans and directly inspects and supervises the implementation of household registration management regulations by agencies, organizations, localities, public security agencies at all levels, and citizens;

Suspends, requires abolition, or reports to the Director General when agencies, organizations, localities, or citizens violate household registration management regulations;

Resolves complaints and handles administrative penalties for violations of household registration management regulations as prescribed by law.

c. Provincial or Municipal Public Security Chief directs, inspects, and supervises the implementation of household registration management in their locality; Suspends, revokes, or reports to the Minister in cases where agencies, organizations, or citizens in their locality violate household registration management regulations; Resolves complaints and handles administrative penalties for violations of household registration management regulations as prescribed.

The Head of the Population Registration and Management Department assists the Chief in inspecting and supervising the implementation of household registration management regulations in their locality; suspends or recommends the Chief to take action against agencies, organizations, or citizens in their locality who violate household registration management regulations; resolves complaints and handles administrative penalties for violations of household registration management regulations as prescribed by law.

d. Chief of Public Security at the district or county level:

Inspects and supervises the implementation of household registration management regulations by agencies, organizations, and citizens in their locality;

Suspends or recommends the Provincial or Municipal Public Security Chief to decide on cases of violation of household registration management regulations;

Seizes household registers or certificates related to household registration and removes names from them for cases of violation as prescribed;

Resolves complaints and handles administrative penalties for violations as prescribed by law.

d. Chief of Public Security at the commune, town, township, community security, community protection, village public security, or dedicated staff for household registration work may:

Inspect compliance with household registration regulations for family households, collective residences, hotels, guesthouses, rented houses, and other accommodations within their jurisdiction.

Shall be subject to administrative penalties for violations in accordance with the provisions of the law on this field within their jurisdiction and handle citizens' complaints and denunciations in accordance with the regulations.

The Head and Deputy Head of Ward Security Guards, Organizational Security Guards, Factory Security Guards, introduced by the Police Station to the public when necessary shall also inspect and urge households, collective dwellings under their management to comply with the regulations, but must have the presence of Ward Security Officers or Rural Security Officers.

If higher-level police officers need to check household registration, temporary residence, and temporary absence, they must have local police accompany them.

Apart from those persons authorized to check household registration, temporary residence, and temporary absence as stipulated above, no one else has the right to enter and check household registration at citizens' residences.

2. Content and form of inspection:

Inspect the implementation of regulations on Household Registration and Management (HK&M) by agencies, organizations, households, collective dwellings, lodging facilities, and citizens.

Inspect compliance with principles and procedures in HK&M, handling of complaints and denunciations, and the processing by police at all levels.

Household registration inspections may be conducted periodically or unexpectedly based on requirements for maintaining social order and security or other requirements.

As for the time of household registration inspections, temporary residence, and temporary absence, it should be determined according to the actual situation in each locality and the requirements of tasks to avoid causing inconvenience to the people.

3. Handling of violations:

When agencies, organizations, or citizens violate regulations on HK&M, depending on the severity of the violation, they will be administratively or criminally punished in accordance with the law.

 

VI. ASSIGNMENTS IN THE HOUSEHOLD REGISTRATION AND MANAGEMENT AGENCY

1. Ministry of Interior:

Is responsible for directing, guiding, and inspecting the uniform implementation of regulations on HK&M nationwide.

Cooperate with relevant sectors to develop main policies related to this work.

Direct, guide, resolve, and process cases of complaints and denunciations from agencies, organizations, and citizens in accordance with regulations.

Resolve exceptional cases of applying for HK&M into cities and towns reported by provincial and municipal police.

Propose to the Government to formulate policies on HK&M and those related to this work.

2. Local Police:

a. Provincial and Municipal Police Directors:

Are responsible before the Ministry of Interior and the People's Committee of the province/city for directing and organizing the implementation of regulations on HK&M in their respective areas.

Develop plans to implement regulations and guidelines issued by the Government and the Ministry of Interior regarding HK&M.

Coordinate with local departments and organizations to promote and disseminate the implementation of this work and related HK&M activities.

Verify and report to the Ministry of Interior special cases (if any) requesting transfer to permanent HK&M in cities/towns as stipulated in Point 3, Section B, Part II of this Circular and difficulties encountered during the implementation of HK&M.

Handle complaints and denunciations from citizens or agencies/organizations in accordance with regulations.

Aggregate data and situations regarding population and HK&M and report to the Ministry as required.

b. District/Huyện Chief of Police:

Direct and organize the implementation of regulations on HK&M in their respective areas including:

Register and manage various types of books and certificates of HK&M for residents in their area.

The Chief of Police of districts/municipalities in provinces and counties in central municipalities directly approve HK&M transfers to cities/towns for cases meeting the criteria specified in Article 12 of Decree 51/CP and detailed in Point 2, Section B, Part III of this Circular. Monthly reports of such cases must be submitted to the provincial/municipal police.

Register transfers in and out, issue temporary residence permits with validity periods, and correct changes in HK&M as prescribed by Decree 51/CP and detailed in this Circular.

Receive applications, verify, and propose to the provincial/municipal police special cases as stipulated in Point 3, Section B, Part II of this Circular for individuals moving to cities/towns. Within twenty days, the receiving police station must complete verification and report to the provincial/municipal police.

Organize the establishment, management, utilization, and exploitation of archival files of HK&M; promptly adjust changes in HK&M and population into HK&M books and archival files; respond to verifications of HK&M and population of their area upon request from higher levels, sectors, and other areas.

Handle cases of complaints and denunciations in accordance with regulations.

Aggregate data and situations regarding population and HK&M and report to higher-level police as required.

c) Chief of Police of wards, communes, towns:

Establish various types of books and certificates of HK&M for households in their commune/town (except for commune/town police in central municipalities).

Implement transfers in and out, adjustments to changes as prescribed in this Circular.

Organize temporary residence registration, management, and issuance of temporary residence permits with validity periods.

Handle complaints and denunciations from citizens or organizations within their jurisdiction in accordance with regulations.

Announce changes in HK&M and population to archival files of HK&M and report statistical data and situations to higher-level police.

Shall be subject to administrative penalties for violations in this field in accordance with the law.

VII- IMPLEMENTATION OF THE DECREE

1- The Minister of the Ministry of Interior assigns the Director of the General Bureau of Public Security:

To develop plans and organize the implementation of Decree 51/CP and this Circular.

Monitor and provide detailed guidance to localities in implementing the decree.

Guide procedures, forms, and books on HK&M uniformly nationwide.

Resolve special cases of applying for permanent HK&M in cities/towns and other difficulties when requested by agencies, organizations, or localities.

Handle complaints and denunciations from citizens sent to the Ministry in accordance with the Ordinance on Complaints and Denunciations.

Organize summaries and lessons learned from this work nationwide; simultaneously cooperate with relevant sectors to apply advanced technology to administrative reform in HK&M and build citizen databases.

2. The General Departments, Bureaus, Corps Command, and Inspectors under the Ministry of Public Security shall organize the implementation and dissemination of Decree No. 51 and this Circular in accordance with their respective functions.

3. Directors of local public security agencies:

Shall develop specific plans to direct all levels and sectors in their locality to strictly implement the Decree and this Circular.

Publicly display the procedures, principles, and conditions for registration and management of household registration at their reception offices.

Ensure sufficient staff to directly handle tasks related to receiving citizens and processing registration and management of household registration.

4. The Ministry of Public Security requests all Ministries, ministerial-level agencies, governmental agencies, and Chairpersons of Provincial People's Committees to direct the implementation of the Decree and this Circular within their respective functions and scope.

5. This Circular takes effect from July 15, 1997.

All previous regulations and guidelines issued by the Ministry of Public Security that conflict with this Decree and this Circular are hereby abolished./.