Decree No. 104/2022/ND-CP Amending and supplementing certain articles of decrees related to the submission and presentation of household registration books and temporary residence certificates on paper when handling administrative procedures and providing public services

DECREE

Amending and supplementing the list of narcotic substances and precursors promulgated to amend and supplement certain articles of related decrees concerning the submission and presentation of paper household registration books and temporary residence certificates when performing administrative procedures and providing public services
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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Residence Law dated November 13, 2020;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to amend and supplement certain articles of related decrees concerning the submission and presentation of paper household registration books and temporary residence certificates when performing administrative procedures and providing public services.

Article 1. Amend and supplement certain contents of Decree No. 61/2015/NĐ-CP dated July 9, 2015 on policies supporting job creation and the National Employment Fund which has been amended and supplemented by Decree No. 74/2019/NĐ-CP dated September 23, 2019.

1. Amend and supplement Point a Clause 2 Article 28 as follows:

"a) For workers: A loan application form with confirmation from the People's Committee of the commune regarding the location where the project is implemented according to Model No. 1 issued together with this Decree;"

2. Replace certain phrases at Point b Clause 2 Article 28 as follows:

Replace the phrase "copy of Identity Card or household registration book or temporary residence certificate" and the phrase "copy of Identity Card or passport or household registration book or temporary residence certificate" with the phrase "copy of Identity Card or Citizen Identification Card or birth certificate."

3. Replace Model No. 1a issued together with Decree No. 74/2019/NĐ-CP dated September 23, 2019 with Model No. 1 issued together with this Decree.

Repeal Model No. 1b issued together with Decree No. 74/2019/NĐ-CP dated September 23, 2019.

Article 2. Amend and supplement certain articles and forms of Decree No. 146/2018/NĐ-CP dated October 17, 2018 detailing and guiding measures for implementing certain provisions of the Health Insurance Law.

1. Amending and supplementing Clause 1 of Article 5 as follows:

"1. Individuals whose names are registered in the same household for permanent residence, except those belonging to the categories specified in Articles 1, 2, 3, 4, and 6 of this Decree."

2. Amending and supplementing Clause 2 Article 5 as follows:

"2. Individuals whose names are registered in the same household for temporary residence, except those belonging to the categories specified in Articles 1, 2, 3, 4, and 6 of this Decree and those who have participated in health insurance under the provisions of Clause 1 of this Article."

3. Repeal the phrase "Household Registration Book number (or Temporary Residence Certificate)" at Model No. 3 issued together with Decree No. 146/2018/NĐ-CP dated October 17, 2018 detailing and guiding measures for implementing certain provisions of the Health Insurance Law.

4. Amend and supplement the content at Item 4, section guiding Model No. 4 issued together with Decree No. 146/2018/NĐ-CP dated October 17, 2018 detailing and guiding measures for implementing certain provisions of the Health Insurance Law as follows:

"4. An individual who directly registers to receive results at the social insurance agency, when receiving the result is the payment for health insurance benefits, the staff member of the department responsible for receiving applications and delivering results shall guide the individual as follows:

a) The beneficiary directly receives: Provide a notice and Citizen Identification Card or Identity Card.

b) Another person receives on behalf:

If they are relatives of the beneficiary: Provide a notice, Identity Card or Citizen Identification Card, and one of the following documents proving their relationship to the health insurance beneficiary: copy of birth certificate or birth certificate or Marriage Certificate or Residence Information Confirmation Letter or Personal Identification Number Notification and citizen information in the National Population Database.

If they are guardians: Provide a notice, Identity Card or Citizen Identification Card, proof of being a natural guardian of the health insurance beneficiary (copy of birth certificate or birth certificate or Marriage Certificate or Residence Information Confirmation Letter or Personal Identification Number Notification and citizen information in the National Population Database). In cases where there is no natural guardian as prescribed by law, provide a notice, Identity Card or Citizen Identification Card, and the decision recognizing guardianship by the competent authority.

If they are not the relatives or guardians mentioned above, provide a notice, Identity Card or Citizen Identification Card, and a power of attorney in accordance with current laws."

Article 3. Amend and supplement Point b Clause 1, Point b Clause 2, and Point b Clause 3 of Article 6 of Decree No. 116/2016/NĐ-CP dated July 18, 2016 on support policies for students and general secondary schools in particularly difficult communes and villages.

1. Amend Point b Clause 1 of Article 6 as follows:

"b) Submit a copy of one of the following types of documents: Citizen Identification Card, Identity Card, Certificate of Residency Information, Notification of Personal Identification Number and Citizen Information in the National Population Database in cases where agencies or organizations cannot extract residency information from the National Population Database."

2. Amend Point b Clause 2 of Article 6 as follows:

"b) Submit a copy of one of the following types of documents: Citizen Identification Card, Identity Card, Certificate of Residency Information, Notification of Personal Identification Number and Citizen Information in the National Population Database in cases where agencies or organizations cannot extract residency information from the National Population Database."

3. Amend Point b Clause 3 of Article 6 as follows:

"b) Submit a copy of one of the following types of documents: Citizen Identification Card, Identity Card, Certificate of Residency Information, Notification of Personal Identification Number and Citizen Information in the National Population Database in cases where agencies or organizations cannot extract residency information from the National Population Database."

Article 4. Amend and supplement some articles of Decree No. 105/2020/NĐ-CP dated September 8, 2020 on policies to develop preschool education

1. Amending and supplementing point a, Clause 3, Article 7 as follows:

"a) Parents or caregivers of children who fall under the category specified in Point a Clause 1 of this Article provide information about the personal identification number of the child or of the parent or caregiver;

Submit a copy of one of the following types of documents: Citizen Identification Card, Identity Card, Certificate of Residency Information, Notification of Personal Identification Number and Citizen Information in the National Population Database in cases where agencies or organizations cannot extract residency information from the National Population Database."

"b) Birth Registration Certificate (A copy accompanied by the original for verification or a certified copy)."

Article 5. Amend and supplement Clause 1 of Article 19 of Decree No. 81/2021/NĐ-CP dated August 27, 2021 on mechanisms for collecting and managing tuition fees for educational institutions within the national education system and policies on exemption, reduction of tuition fees, and support for learning expenses; prices of services in the field of education and training

1. Replace the phrase "household registration book or confirmation document issued by the police agency regarding permanent residence registration (in case the household registration book is lost)" at Point b Clause 1 with "Citizen Identification Card or Identity Card, Certificate of Residency Information or Notification of Personal Identification Number and Citizen Information in the National Population Database in cases where agencies or organizations cannot extract residency information from the National Population Database."

2. Amend and supplement Point đ Clause 1 of Article 19 as follows:

"đ) In cases where students have a Citizen Identification Card and have been assigned a personal identification number, information about their place of permanent residence can be extracted through data connection and sharing between the population database and educational institutions, District Education and Training Departments, Provincial Education and Training Departments, District Labor, Invalids and Social Affairs Departments, District Finance Departments, Provincial Finance Departments, then parents (or guardians) of children, students do not need to submit Birth Registration Certificates and documents proving permanent residence."

Article 6. Amend and supplement Point b Clause 2 of Article 7 of Decree No. 168/2016/NĐ-CP dated December 27, 2016 on forest concession, garden tree areas, and water surface areas in Forest Management Boards, protective forests, and State-owned Agricultural and Forestry Joint Stock Companies

Amend and supplement Point b Clause 2 of Article 7 as follows:

"b) Concession application file

Application for concession: For individuals and households according to Model No. 02; community village according to Model No. 03.

Village meeting minutes (for community village): Including the agreed application for concession; election of representative to conclude the contract.

Poverty certificate, near-poverty certificate. For community village, it includes a list of members and information about the personal identification number of members in the list."

Amend and supplement Clause 1 of Article 3 as follows:

"1. A household or individual is a person listed in the same household registration that has been updated in the National Population Database and the Residency Database in accordance with the Law on Residence."

Article 8. Amend and supplement Article 11 of Decree No. 137/2013/NĐ-CP dated October 21, 2013 detailing the implementation of certain provisions of the Electricity Law and the Law amending and supplementing certain provisions of the Electricity Law.

1. Amend and supplement Point a of Clause 1 of Article 11 as follows:

"a) The electricity purchaser must have full civil capacity in accordance with the law, a request to purchase electricity, and information about the residence of the household at the location of electricity purchase, or a document proving ownership, management, and use of the location of electricity purchase;"

2. Supplement Clause 1a following Clause 1 as follows:

"1a. The application for registering to purchase electricity for residential purposes by the electricity purchaser in paper form or electronic data includes: Request to purchase electricity and one of the following documents or materials:

a) Citizen Identity Card, Identity Card, Confirmation of Residence Information, Notification of Personal Identification Number and Citizen Information in the National Population Database of the representative of the electricity purchaser. At one location for registering to purchase electricity, if the electricity purchaser is a household, only one Contract may be signed.

b) In cases where the residence information of the household at the location of electricity purchase is not used, the electricity purchaser provides a copy of one of the following documents: Certificate of ownership of housing; certificate of land use rights (on land with housing); decision on allocation of housing; sales contract for housing; lease contract for housing with a term of one year or more or other documents proving ownership, management, and use of the location of electricity purchase with a term of one year or more for electricity purchase registration and only one Contract may be signed."

3. Amend and supplement Clause 4 of Article 11 as follows:

"4. The Ministry of Industry and Trade shall provide guidance on the electricity purchase contract for residential purposes."

Article 9. Amend and supplement some articles of Decree No. 99/2015/NĐ-CP dated October 20, 2015 detailing and guiding the implementation of certain provisions of the Housing Law which has been amended and supplemented according to Decree No. 30/2021/NĐ-CP dated March 26, 2021.

1. Amend and supplement Point c of Clause 1 of Article 60 as follows:

"c) A copy of the Citizen Identity Card or Identity Card or passport still valid or Military ID of the person making the application to rent housing; in case of married couples, they must also provide a copy of the Marriage Registration Certificate."

2. Amend and supplement Point b of Clause 1 of Article 69 as follows:

"b) A copy of the Citizen Identity Card or Identity Card or passport still valid or Military ID of the person applying to buy housing; in case of married couples, they must also provide a copy of the Marriage Registration Certificate."

3. Amend Point b of Clause 1 of Article 71a as follows:

"b) Identity Card or Citizen Identity Card or passport still valid or a document proving membership in the People's Army according to the regulations of the Ministry of Defense of the person applying to buy housing; in case of married couples, they must also provide a copy of the Marriage Registration Certificate."

Article 10. Amend and supplement some articles of Decree No. 134/2016/NĐ-CP dated September 1, 2016 detailing certain provisions and measures to implement the Law on Export Tax and Import Tax.

1. Amend and supplement Point d Clause 3 Article 7 as follows:

"d) A copy of one of the following documents: Citizen Identity Card, Identity Card, Certificate confirming residential information, Notification of Personal Identification Number and citizen information in the National Population Database;"

2. Amend and supplement Point b Clause 3 Article 9 as follows:

"b) The taxpayer provides information about the Personal Identification Number or presents a border pass or presents the Citizen Identity Card."

Amend and supplement Point e Clause 2 Article 21 as follows:

"e) Citizen Identity Card or Identity Card or birth certificate; utility bills and other payment receipts showing the address of the residence at the registered land plot. In cases where residential information cannot be obtained from the National Population Database, supplement the Certificate confirming residential information."

Amend and supplement Points a, b Clause 2 Article 24 as follows:

"a) A copy of one of the following documents: Citizen Identity Card, Identity Card, Certificate confirming residential information, Notification of Personal Identification Number and citizen information in the National Population Database of the person adopting the child;

b) A copy of one of the following documents: Birth certificate, Citizen Identity Card, Identity Card, Certificate confirming residential information, Notification of Personal Identification Number and citizen information in the National Population Database of the person being adopted;"

Article 13. Repeal and replace some phrases stipulated in decrees.

1. Repeal the phrase "Household Registration Booklet" at Point a Clause 1 Article 1 of Decree No. 150/2018/NĐ-CP dated November 7, 2018 amending some decrees related to investment conditions and administrative procedures in the field of information and communications.

2. Repeal the phrase "during the transitional period, the person requesting registration of household must present documents proving place of residence" at Clause 1 Article 2 of Decree No. 123/2015/NĐ-CP dated November 15, 2015 detailing certain provisions and measures to implement the Law on Household Registration.

3. Repeal the phrase "Household Registration Booklet number (for members who are households)" and the phrase "Household Registration Booklet (for members who are households)" at Point g Clause 3 Article 15 of Decree No. 45/2021/NĐ-CP dated March 31, 2021 on establishment, organization, and operation of the Cooperative Development Support Fund.

4. Repeal the phrase "or Household Registration Booklet issued before July 1, 2021" at Point b Clause 1 Article 116 and the phrase "or Household Registration Booklet issued before July 1, 2021" at Clause 3 Article 130 of Decree No. 131/2021/NĐ-CP dated December 30, 2021 guiding the Ordinance on Preferential Treatment for Persons Contributing to the Revolution.

5. Repeal the phrase "Household Registration Booklet" at Point b Clause 2 Article 15 of Decree No. 11/2021/NĐ-CP dated February 10, 2021 stipulating the transfer of certain marine areas to organizations and individuals for exploitation and use of marine resources.

6. Replace the phrase "Household Registration Booklet of the target individual or confirmation document of the Police Station, Ward, Town" at Point a Clause 1 Article 8 of Decree No. 20/2021/NĐ-CP dated March 15, 2021 stipulating social assistance policies for beneficiaries with the phrase "Certificate confirming residential information or Notification of Personal Identification Number and citizen information in the National Population Database."

7. Replace the phrase "Household Registration Booklet" in Model No. 01 and Model No. 02 of Decree No. 57/2017/NĐ-CP dated May 9, 2017 stipulating preferential admission policies and study support for children, students, and university students from ethnic minority groups with few members with the phrase "Citizen Identity Card, Identity Card, Certificate confirming residential information, Notification of Personal Identification Number and citizen information in the National Population Database."

Article 14. Exploitation and use of residence information to handle administrative procedures, provide public services

1. Authorities with jurisdiction, civil servants, officials, individuals entrusted with the responsibility of receiving, handling administrative procedures, providing public services must exploit and use citizens' residence information in the National Population Database to handle administrative procedures, provide public services.

2. Citizens' residence information at the time of handling administrative procedures shall be recorded and retained in the administrative procedure dossier on the Ministry-level and Provincial-level Administrative Procedure Information System by staff responsible for receiving and handling administrative procedures.

The exploitation and use of citizens' residence information in the National Population Database shall be carried out through one of the following methods:

a) Searching and exploiting personal information via the functions of the Ministry-level and Provincial-level Administrative Procedure Information System connected to the National Population Database or through the National Public Service Portal;

b) Searching personal information through the citizen's electronic identity account displayed in the VNeID application;

c) Using devices that are directly online-connected to the National Population Database, including QR code readers or chip readers on electronic identification cards;

d) Other exploitation methods as prescribed by specialized laws.

3. In cases where it is not possible to exploit citizens' residence information according to the methods stipulated in Clause 2 of this Article, authorities with jurisdiction, staff, civil servants, officials, individuals entrusted with the responsibility of receiving, handling administrative procedures, providing public services may request citizens to submit copies or present one of the documents proving residence information.

The requirement for citizens to submit copies or present documents proving residence information shall be specifically stated in the decision announcing administrative procedures of ministries, agencies, localities, or notifications of service providers.

4. Documents proving residence information include: Citizen Identification Card, Identity Card, Certificate of Residence Information, Notification of Personal Identification Number and Citizen Information in the National Population Database.

Article 15. Responsibilities for Implementation and Provisions for Enforcement

1. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial people's committees under central cities are responsible for implementing this Decree and announcing administrative procedures within their functional management scope.

2. This Decree takes effect from January 1, 2023.

3. From the date this Decree takes effect, administrative procedures and public services requiring submission or presentation of household registration books or temporary residence certificates shall be replaced by the exploitation and use of residence information as prescribed in Article 14 of this Decree./.