Decree No. 108/2005/ND-CP on Amending and Supplementing Certain Provisions of Government Decree No. 51/CP dated May 10, 1997, on Registration and Management of Household Registration

DECREE

Amending and supplementing some articles of Decree No. 51/CP dated May 10, 1997 of the Government on registration and management of household registration

Amending and supplementing some articles of Decree No. 51/CP dated May 10, 1997 of the Government on registration and management of household registration as follows: management of household registration

THE GOVERNMENT

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

At the proposal of the Minister of Public Security,

DECREE:

Article 1. 1. Article 11 is amended as follows:

"Article 11. To be registered for household registration at a new place of residence, the person moving to that place must have lawful housing. Lawful housing includes:

1. Housing owned by the person moving to the new place:
a) Housing with a certificate of ownership of the house and land use rights or a house built on land with a certificate of land use rights;
b) Housing with valid documents regarding housing and land according to the provisions of the law;
c) In cases where housing does not have one of the types of documents specified in points a and b above, there must be a confirmation from the People's Committee of the ward, commune, or town regarding the lawful status of the housing and land.
2. Housing legally used includes:
a) Housing under a lease agreement between an individual and an organization or individual with the function of operating housing according to the provisions of the law;
b) Housing under the management of an organization with a decision to assign it to an individual for use.
Housing may be rented or provided for free stay by the owner of the housing specified in Clause 1 and Clause 2 of this Article. For housing provided for free stay, there must be a written consent from the owner regarding the registration of household registration and it must ensure the minimum area per person as stipulated by the provincial People's Committee.
3. Registration for permanent household registration will not be granted for the aforementioned types of housing if they are currently involved in disputes or are within areas planned for relocation as announced, except in cases where parents, spouse, children are registering their household registration together.

"

3. Article 16 shall be amended and supplemented as follows:

"Article 12. The following persons who move to cities (hereinafter referred to as cities) shall be registered for permanent household registration:
1. Persons transferred or recruited by state agencies, political organizations, political-social organizations with authority to work at those agencies, receiving salary from the state budget and having lawful housing as specified in Article 11, as amended.
2. Persons transferred or recruited by state agencies, political organizations, political-social organizations with authority to work under indefinite-term contracts at those agencies (including in the military and police) having housing as specified in Clause 1 and Clause 2 of Article 11, as amended.
3. Persons having housing as specified in Clause 1 of Article 11, as amended, who are not prohibited from residing in cities.

For central cities, additional conditions of continuous residence in the city for three years or more are required.
4. Persons falling into any of the following categories may move to register their household registration with persons already having permanent household registration in the city:
a) Civil servants working outside the province or city but regularly living with their spouse, children, or parents (if they do not have a spouse).
b) Persons who have retired, left work due to age or health reasons, and have housing as specified in Clause 11 of Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government, living with their children or siblings (if they do not have a spouse or children).
c) Disabled persons unable to work, or persons suffering from mental illness or other diseases that impair cognitive ability and control over behavior, living with their parents, children.

If parents, spouse, children are still alive but are unable to support them or do not have parents, spouse, children, they can live with siblings, cousins, uncles, aunts, or guardians.
d) Persons under 18 years old without parents or with parents but parents are unable to support them, living with grandparents, aunts, uncles, siblings, cousins, or guardians.

Single persons over 18 years old living daily with their parents or grandparents (if parents are not alive).
đ) A wife living with her husband or vice versa. Daughters-in-law or sons-in-law living with their in-laws' parents if their spouse previously had permanent household registration in the city but was deleted from the household registration due to death, being sent abroad for work, study, or labor, or transferred to another location as a civil servant, military personnel, or police officer.
e) Vietnamese citizens returning from abroad and allowed to reside in the city by authorized agencies.
g) Persons who previously had permanent household registration or were originally from the city, have completed their service in the military or police, or worked, studied, or labored elsewhere (including abroad), and now return to the city along with persons specified in points b, c, d, đ of Clause 4 of Article 12, as amended.
h) Persons released from prison sentences, completion of educational institutions, medical facilities, administrative supervision, and return to the city without being prohibited from residing there.

5. In special cases, the Director of the Provincial Public Security Department or the Director of the Public Security Department of centrally-administered cities reports to the Chairman of the Provincial People's Committee or the Minister of Public Security for decision.

3. Amending and supplementing Clause 3 of Article 15 as follows:

"3. Persons working under fixed-term or indefinite-term contracts at state agencies, enterprises of all economic sectors, foreign representative offices, or branches in provinces or cities of Vietnam who do not yet meet the conditions for permanent household registration."

Article 2. Replacing the phrase "Ministry of Home Affairs" as stipulated in Decree No. 51/CP dated May 10, 1997 of the Government with the phrase "Ministry of Public Security".

Article 3. This Decree takes effect 15 days after its publication in the Official Gazette, replacing Article 11, Article 12, and Clause 3 of Article 15 of Decree No. 51/CP dated May 10, 1997.

Article 4. The Minister of Public Security is responsible for guiding, directing, inspecting, and urging the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.