Decree No. 107/2007/ND-CP detailing and guiding the implementation of certain provisions of the Law on Residence

DECREE

Detailed regulations and guidance on implementing certain provisions of the Law on MeasurementSome Provisions of the Law on Residence

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THE GOVERNMENT

Based on the Law on the Organization of the Government dated December 25, 2001;

Based on the Law on Residence dated November 29, 2006;

Considering the proposal of the Minister of Public Security.

DECREE:

Article 1. Scope of application

This Decree stipulates detailed regulations and provides guidance for implementing Clause 2 Article 8, Article 12, and Clause 1 Article 20 of the Law on Residence regarding the responsibilities of agencies, organizations, and individuals in detecting and preventing the abuse of household registration regulations to limit citizens' lawful rights and interests; citizens' place of residence; the deadline for registering permanent residence; conditions for registering permanent residence in centrally governed cities.

Article 2. Applicability

This Decree applies to agencies, organizations, households, Vietnamese citizens, and overseas Vietnamese who still hold Vietnamese nationality and have returned to Vietnam to live.

Article 3. Strictly prohibit acts that abuse household registration regulations to limit citizens' lawful rights and interests.

1. The provisions on household registration under the Law on Residence include the following contents:

a) Registration and management of permanent residence;

b) Registration and management of temporary residence;

c) Notification of stay;

d) Declaration of temporary absence.

2. Acts that abuse household registration regulations to limit citizens' lawful rights and interests are strictly prohibited, including:

a) Issuing normative legal documents and other documents related to household registration regulations that limit citizens' lawful rights and interests;

b) Issuing normative legal documents and other documents related to household registration regulations contrary to the provisions of the Law on Residence and guiding documents for the Law on Residence;

c) Issuing regulations restricting citizens' freedom of residence beyond authority, procedures, and formalities prescribed by law;

d) Establishing household registration regulations as conditions to limit citizens' lawful rights and interests contrary to the provisions of the law;

đ) Intentionally handling or refusing to handle citizens' requests regarding household registration contrary to the provisions of the Law on Residence, thereby limiting citizens' lawful rights and interests.

3. Ministries, ministerial-level agencies, government agencies, and local people's committees at all levels shall be responsible for:

a) Inspecting and reviewing normative legal documents and other documents within their management areas related to household registration regulations to amend, abolish, or propose competent authorities to amend or abolish those contents that contravene the Law on Residence and guiding documents for the Law on Residence, which limit citizens' lawful rights and interests;

b) When issuing normative legal documents and other documents within their authority related to household registration regulations, they must ensure compliance with the Law on Residence and guiding documents for the Law on Residence; they may not limit citizens' lawful rights and interests;

c) Directing, inspecting, and supervising agencies, organizations, and individuals under their management in implementing the Law on Residence and guiding documents for the Law on Residence. Promptly identifying and strictly dealing with agencies, organizations, and individuals under their management who engage in acts of abusing household registration regulations to limit citizens' lawful rights and interests.

Citizens have the right to detect, report promptly, and assist competent authorities in preventing and handling acts that abuse household registration regulations to limit citizens' lawful rights and interests.

Article 4. Place of Residence of Citizens

1. The place of residence of citizens is a legal dwelling where they reside regularly. The place of residence of citizens is either a permanent residence or a temporary residence.

A legal dwelling may belong to the ownership or use of citizens or be rented, lent, or allowed to stay by agencies, organizations, or individuals according to the provisions of the law.

2. In cases where the place of residence of citizens cannot be determined according to Clause 1 of this Article, the place of residence of citizens is where they are currently residing and confirmed by the Police Station, Ward, or Town.

3. Legal accommodation includes:

a) Housing;

b) Ships, boats, or other means of transportation intended for living and serving daily activities of households or individuals;

c) Other houses not falling under point a or point b of this clause but used for residential purposes and serving daily life of households or individuals.

4. Permanent residence registration shall not be conducted when citizens move to new accommodations in any of the following cases:

a) Accommodation located in restricted areas or construction zones or encroaching upon boundaries protecting technical infrastructure, historical, and cultural sites already classified;

b) Accommodation where the entire residential area lies on illegally occupied land;

c) Dwellings that have been decided to reclaim land by competent state agencies and dwellings are residences where part or all of the area is currently disputed or complained about concerning ownership or use but have not yet been resolved according to the law (except in cases where people with kinship relations such as grandparents, parents, spouses, and children move in together).

d) Accommodation seized, confiscated, or purchased compulsorily by state authorities;

đ) Accommodation is a house with a demolition decision issued by state authorities.

Article 5. Documents proving legal dwelling

1. Documents proving legal dwelling for registering permanent residence are one of the following documents:

a) Documents proving legal dwelling belonging to the ownership of citizens are one of the following documents:

- Certificate of ownership of housing or other documents on ownership of housing issued by competent authorities at different periods;

- Documents on land use rights for residential purposes as prescribed by laws on land (where there is housing on that land);

- Construction permit as prescribed by laws on construction (in cases where such permits are required);

- Purchase contract for state-owned housing or documents regarding the liquidation price of state-owned housing;

- Contract for purchase of housing or documents proving delivery and acceptance of housing from enterprises with functions of housing business investment and sale;

- Documents on purchase, sale, gift, exchange, inheritance of housing with notarization or certification by People's Committee of commune, ward, town (hereinafter referred to as People's Committee of commune);

- Documents on donation of patriotic houses, charitable houses, solidarity houses, provision of housing and land for individuals and households relocated according to the State’s plan or other subjects;

- Court documents or administrative state agencies with authority to resolve ownership of housing that has taken effect legally;

- Documents with confirmation by People's Committee of commune on housing and land without disputes over ownership of housing and land use rights if there is no one of the above-mentioned documents;

- Documents proving registration of vessels, boats, or other means of transportation owned and the original dock address of the means of transportation used for residence. If there is no registration document, confirmation from the People's Committee of the commune about having vessels, boats, or other means of transportation used for residence under ownership or confirmation of the sale, gift, exchange, inheritance of vessels, boats, or other means of transportation and the original dock address of the means of transportation is required.

b) Documents proving renting, lending, or allowing to stay in legal dwellings are various types of contracts, agreements for renting, lending, or allowing to stay in housing or other buildings by agencies, organizations, or individuals (in cases of rental, lending, or allowing to stay in housing by individuals, the contract or agreement must be notarized or confirmed by the People's Committee of the commune);

c) Documents from agencies, organizations, or religious institutions proving that citizens have dwellings as specified in point c and point d of Clause 1 of Article 26 of the Law on Residence;

d) Documents signed and stamped by the head of the agency or organization proving the allocation, use, transfer of housing, or construction of housing on land allocated by the agency or organization for housing (for housing and land under the management of the agency or organization) or confirmation from the People's Committee of the commune that the housing does not have disputes over ownership or use.

2. Documents proving legal dwelling for registering temporary residence are one of the following documents:

a) One of the documents specified in Clause 1 of this Article;

b) A citizen's commitment letter stating that they have a dwelling under their use and there is no dispute over use if none of the documents specified in point a of this clause exist.

3. In cases where laws on housing change, the Minister of Public Security shall provide specific guidance on other documents proving legal dwelling for registering permanent residence and temporary residence in accordance with those laws.

Article 6. Deadline for Registering Permanent Residence

1. Within twenty-four months from the date of moving to new lawful residence, the person changing their lawful residence or the head of the household shall be responsible for completing the procedures to register permanent residence at the new place.

2. Within sixty days from the date of receiving consent from the holder of the household registration book, the person who has been given consent by the holder of the household registration book to be registered in their book or the head of the household shall be responsible for completing the procedures to register permanent residence.

3. Within sixty days from the date of registering birth for the child, the father, mother, or the head of the household, the person raising and caring for the child shall be responsible for completing the procedures to register permanent residence for that child.

Article 7. Conditions for temporary residents to register permanent residence in centrally-administered cities

1. The following cases shall be considered as having continuously resided for one year or more in a centrally-administered city:

a) Continuously residing at one place in a centrally-administered city with a period of temporary residence at that place being one year or more;

b) Continuously residing at different places in a centrally-administered city with a period of temporary residence at all those places being one year or more.

2. The period of temporary residence shall be calculated from the date the citizen registers temporary residence to the date the citizen submits the application for permanent residence registration.

3. Documents proving the period of temporary residence include one of the following:

a) Temporary residence documents with a specified duration or confirmation by the Police Station, Commune, Ward, Town about the period of temporary residence before July 1, 2007;

b) Temporary residence book or confirmation by the Police Station, Commune, Ward, Town about the period of temporary residence registration (for cases where temporary residence was registered but a temporary residence book was not issued).

Article 8. Complaints, reports, and handling violations

1. Any person violating the regulations on residence shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the provisions of the law.

2. Organizations and individuals have the right to file complaints and reports against violations of the law on residence. The filing of complaints and reports and the resolution of complaints and reports shall be carried out in accordance with the provisions of the Law on Complaints and Reports.

Article 9. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Repeal Decree No. 51/CP dated May 10, 1997 on Registration and Management of Household Registration Books and Decree No. 108/2005/NĐ-CP dated August 19, 2005 amending and supplementing certain articles of Decree No. 51/CP dated May 10, 1997 on Registration and Management of Household Registration Books.

Article 10. Responsibility for Implementation

1. The Minister of Public Security shall be responsible for urging, inspecting, and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.