Decree No. 31/2014/ND-CP detailing certain provisions and measures for implementing the Law on Residence

DECREE

Regulations on Detailed Implementation of Certain Provisions and Measures under the Law on Residence

__________________

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

Pursuant to the Law on Residence dated July 11, 2013;

At the proposal of the Minister of Public Security,

The Government issues this Decree to detail certain provisions and measures for implementing the Law on Residence.

Article 1. Scope of Regulation

This Decree provides detailed implementation of certain provisions of the Law on Residence regarding the responsibilities of agencies, organizations, and individuals in detecting and preventing the abuse of regulations on household registration to restrict citizens' lawful rights and interests; citizens' place of residence; documents proving legal accommodation; deadlines for registering permanent residence, and conditions for registering permanent residence in centrally-administered 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 Prohibited Acts of Abusing Household Registration Regulations to Restrict Citizens' Lawful Rights and Interests

1. The household registration regulations 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 of abusing household registration regulations to restrict citizens' lawful rights and interests are strictly prohibited:

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

b) Establishing household registration regulations as conditions to restrict citizens' lawful rights and interests;

c) Resolving matters contrary to the law on residence or refusing to resolve citizens' requests regarding household registration that limit their lawful rights and interests;

d) Signing indefinite-term labor contracts with workers not belonging to their own enterprises to transfer household registration.

Article 4. Responsibilities of Ministries, Sectors, People's Committees at all levels, and Citizens in Implementing Household Registration Regulations

1. Responsibilities of Ministries, Sectors, and People's Committees at all levels

a) Inspecting and reviewing normative legal documents and other documents within their management scope related to household registration regulations to amend, supplement, abolish, or propose competent authorities to amend, supplement, or abolish those contents that contradict the Law on Residence and guiding documents of the Law on Residence;

b) Issuing normative legal documents and other documents within their authority related to household registration regulations must not contravene the Law on Residence and guiding documents of the Law on Residence; they shall 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 of the Law on Residence;

d) Promptly and strictly discovering, preventing, and handling acts of abusing household registration regulations to restrict citizens' lawful rights and interests.

2. Responsibilities of Citizens

Citizens are responsible for promptly detecting, reporting, and assisting authorities and authorized persons in preventing and handling acts of abusing household registration regulations to restrict citizens' lawful rights and interests.

Article 5. Place of Residence of Citizens

1. The place of residence of citizens is either their permanent residence or temporary residence. Each citizen may only register permanent residence at one legal accommodation and it must be where they regularly reside.

Legal accommodation can belong to the ownership or use of citizens or be rented, lent, or allowed to stay by agencies, organizations, or individuals according to the law. For legal accommodation rented, lent, or allowed to stay by individuals or organizations in centrally-administered cities, it must meet the area requirements stipulated by the Municipal People's Council.

2. In cases where the citizen's place of residence cannot be determined according to Clause 1 of this Article, the citizen's place of residence is where they are currently living and confirmed by the Police Station of the commune, 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 buildings not mentioned in Points a and b of this Clause but used for living and serving daily activities 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) Accommodation subject to compensation, support, and resettlement plans by competent state authorities; accommodation is a house where part or all of the residential area is currently disputed or complained about concerning ownership or use rights but has not been resolved according to the law (except when people with familial relationships 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 6. Documents proving legal place of residence

1. Documents proving legal place of residence for permanent registration are one of the following documents:

a) Documents proving legal place of residence owned by 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);

- Contract for sale of state-owned housing or documents on 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;

- Documents of the Court or competent administrative agencies resolving ownership of housing which have taken legal effect;

- 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, other means of transportation under ownership and original dock address of the means of transportation used for residence. In case there is no registration certificate, confirmation by People's Committee of commune on having vessels, boats, other means of transportation used for residence under ownership or confirmation on sale, gift, exchange, inheritance of vessels, boats, other means of transportation and original dock address of those means of transportation is required.

b) Documents proving renting, lending, allowing to stay in legal place of residence are rental, lending, staying documents of housing or other buildings of organizations or individuals (in case of rental, lending, staying documents of housing or other buildings of individuals must be notarized or certified by People's Committee of commune). For housing or other buildings in centrally-administered cities, confirmation by People's Committee of commune on average area conditions meeting the regulations of People's Council of centrally-administered cities and consent in writing by the lessor, lender, or person allowing to stay are required;

c) Documents of organizations, religious institutions proving that citizens have places of residence as prescribed in Point c, Point d Clause 1 Article 26 of the Law on Residence;

d) Documents of organizations signed and stamped by heads of organizations proving issuance, use, transfer of housing, establishment of housing on land assigned by organizations for housing purposes (for housing and land under management of organizations);

2. Documents proving legal place of residence for temporary registration are one of the following documents:

a) One of the documents prescribed in Clause 1 of this Article, except when documents proving legal place of residence are rental, lending, staying documents of housing or other buildings of individuals, then such documents do not need notarization or certification by People's Committee of commune;

b) Citizen's commitment letter on having a place of residence under their own use and no disputes over use rights if there is no one of the documents prescribed in Point a of this Clause;

3. In case legal documents on housing are amended, the Minister of Public Security shall specify other documents proving legal place of residence for permanent and temporary registration in accordance with such legal documents.

Article 7. Time limit for registering permanent residence

1. Within twelve months from the date of moving to a new lawful place of residence and having all conditions met for registering permanent residence, the person changing their lawful place of residence or the head of the household shall be responsible for completing the procedures for registering permanent residence at the new place of residence.

2. Within sixty days from the date of agreement from the person holding the household registration book, the person agreed to be registered in that book or the head of the household shall be responsible for completing the procedures for registering permanent residence.

3. Within sixty days from the date of birth registration, the father, mother, or the head of the household, guardian, or caregiver of the child shall be responsible for completing the procedures for registering permanent residence for the child.

Article 8. Conditions for temporary residents to register permanent residence in centrally-administered cities

1. Temporary residents who meet the following conditions may register permanent residence in centrally-administered cities:

a) Having a lawful place of residence in a centrally-administered city;

b) Having continuous temporary residence in a centrally-administered city for at least one year for cases of registering permanent residence in districts or towns within the centrally-administered city; for at least two years for cases of registering permanent residence in urban districts within the centrally-administered city;

In cases of continuous temporary residence at multiple different places, the period of continuous temporary residence is calculated as the total time of temporary residence at those places;

c) The place where permanent residence is requested must be the current place of temporary residence.

2. The period of continuous temporary residence is calculated from the date the citizen registers temporary residence to the date the citizen submits the application for registering permanent residence.

3. Proof of the period of temporary residence is the temporary residence certificate issued to households or individuals according to the model prescribed by the Ministry of Public Security.

4. For cases of registering permanent residence in the inner city of Hanoi, it shall be implemented in accordance with Clause 4, Article 19 of the Law on the Capital and guiding documents for implementing the Law on the Capital.

Article 9. Effective Date

1. This Decree takes effect from June 15, 2014.

2. This Decree replaces the following Decrees:

a) Decree No. 107/2007/NĐ-CP dated June 25, 2007 detailing and guiding the implementation of certain provisions of the Law on Residence;

b) Decree No. 56/2010/NĐ-CP dated May 24, 2010 amending and supplementing certain provisions of Decree No. 107/2007/NĐ-CP dated June 25, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Residence.

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 People's Committees directly under the central government shall be responsible for enforcing this Decree./.