Circular No. 35/2014/TT-BCA detailing certain provisions of the Law on Residence 2008 and Decree No. 31/2014/NĐ-CP dated April 18, 2014 of the Government detailing certain provisions and implementing measures of the Law on Residence.

CIRCULAR

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Decision No. 31/2014/NĐ-CP dated April 18, 2014 of Cadministrative penalties for violations in scientific and technological activities,

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

Pursuant to Decree No. 31/2014/NĐ-CP dated April 18, 2014 of the Government detailing certain provisions and implementing mechanisms of the Law on Residence;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; Decree No. 21/2014/NĐ-CP dated March 25, 2014 of the Government amending and supplementing Article 3 of Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Administration Police Department under the Ministry of Public Security managing public order and social security;

The Minister of Public Security issues this Circular providing detailed implementation of certain Articles of the Law on Residence and Decree No. 31/2014/NĐ-CP dated April 18, 2014 of the Government detailing certain Articles and measures for implementation of the Law on Residence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed guidance on the place of residence of citizens; permanent registration; temporary registration; notification of stay; temporary absence declaration; and responsibilities for managing residence.

Article 2. Applicability

This Circular applies to:

1. Agencies and individuals engaged in registration and management of residence.

2. Agencies, organizations, households, Vietnamese citizens; Vietnamese citizens residing abroad who still hold Vietnamese nationality returning to Vietnam to live.

Article 3. Place of residence of officers and soldiers of the People's Army and People's Public Security Force

1. Officers, non-commissioned officers, professional soldiers, defense civil servants, defense workers; officers, non-commissioned officers in specialized positions, officers, non-commissioned officers in technical professions, workers, staff members of the People's Public Security Force outside the barracks of the People's Army and People's Public Security Force shall implement residence registration according to the provisions of the Law on Residence and the guidance provided in this Circular.

2. Officers, non-commissioned officers, professional soldiers, defense civil servants, defense workers; officers, non-commissioned officers in specialized positions, officers, non-commissioned officers in technical professions, workers, staff members of the People's Public Security Force; individuals performing military service or serving with a fixed term in the People's Army and People's Public Security Force within the barracks of the People's Army and People's Public Security Force shall be managed under separate regulations of the Ministry of National Defense and the Ministry of Public Security.

Article 4. Cases temporarily not resolved for procedures to change place of residence

1. Individuals below, during the period they are restricted from freedom of residence, will temporarily not have their procedures to change place of residence resolved (except in cases where there is written consent to change place of residence from the agency that applied such measure):

a) Individuals currently subject to the measure of prohibiting departure from the place of residence by investigative agencies;

b) Individuals sentenced to imprisonment but without a decision for enforcement, granted suspended sentence or currently on suspension or temporary cessation of enforcement of the imprisonment sentence; individuals currently under house arrest;

c) Individuals subject to placement in educational institutions, compulsory education facilities, or compulsory drug rehabilitation centers but currently on suspension or temporary cessation of enforcement.

2. Individuals subject to the penalty of prohibition of residence shall not have their procedures for permanent or temporary residence registration processed at locations prohibited by the court.

Article 5. Receiving and processing information reported by citizens, households, agencies, and organizations regarding residence

1. Agencies responsible for registration and management of residence shall receive information reported by citizens, households, agencies, and organizations regarding residence and process such information according to their functions, tasks, and authority stipulated to improve administrative discipline and efficiency in handling citizen affairs, promote administrative reform, and enhance the quality and effectiveness of residence registration and management work.

2. Information reception through the following methods:

a) Directly at the agency responsible for registration and management of residence;

b) Telephone;

c) Suggestion box;

d) Internet, computer network;

e) Other methods.

3. Information reported by citizens, households, agencies, and organizations regarding residence must be recorded by registration and management staff, clearly indicating the time, location, and the involved organization or individual. When citizens, households, agencies, and organizations come to report information, they should be asked to provide their name, address, and contact number so that the agency responsible for registration and management of residence can respond in writing if necessary.

Chapter II

REGISTRATION OF PERMANENT RESIDENCE

Article 6. Registration Documents for Permanent Residence

1. The registration documents for permanent residence include:

a) Household registration change form and population registration form;

b) Population registration form (for cases where a population registration form must be filled out);

c) Household transfer certificate (for cases requiring issuance of a household transfer certificate as stipulated in Clause 2, Article 28 of the Law on Residence);

d) Documents proving legal place of residence as prescribed in Article 6 of Decree No. 31/2014/ND-CP dated April 18, 2014 of the Government detailing certain provisions and implementation measures of the Law on Residence (hereinafter referred to as Decree No. 31/2014/ND-CP). In cases where the legal place of residence is rented, borrowed, or lived with permission, it must be agreed upon by the landlord, lender, or host and recorded in the household registration change form and population registration form, signed and clearly stating their full name; if the landlord, lender, or host has already given written consent for registration at their place of residence, there is no need to record it in the household registration change form and population registration form. For rented, borrowed, or lived-with-permission places of residence in centrally-administered cities, confirmation from the People's Committee of the commune regarding the average area conditions meeting the regulations of the People's Council of the centrally-administered city is required.

In cases where family relationships exist between grandparents, great-grandparents, parents, spouse, children, full siblings, aunts, uncles, cousins, and guardians, minors who no longer have parents or whose parents are unable to raise them, disabled persons unable to work, or those suffering from mental illness or other diseases that impair cognitive and behavioral control, when moving in with a guardian, they are not required to present documents proving legal place of residence but must provide proof or confirmation from the People's Committee of the commune regarding the aforementioned relationship.

2. Registration documents for permanent residence for specific cases

In addition to the documents and materials included in the registration documents for permanent residence as specified in Clause 1 of this Article, the following cases must also provide additional documents:

a) Children registering permanent residence according to Article 13 of the Law on Residence must provide a birth certificate when registering permanent residence;

b) Minors who do not register permanent residence with their parents or with one parent but with another person must provide written consent from their parents or one parent, confirmed by the People's Committee of the commune;

c) Individuals being cared for and raised by organizations or institutions must provide a request letter from such organizations or institutions when registering permanent residence. If individuals are cared for and raised by individuals, the latter must provide a request letter confirmed by the People's Committee of the commune. The request letter should clearly state basic information about each individual, including: Full name, date of birth, gender, place of origin, ethnicity, nationality, religion, citizen identification number, previous place of permanent residence, current address;

d) Individuals living in religious facilities when registering permanent residence must provide documents proving they are religious officials, monks, or others engaged in religious activities as prescribed by laws on belief and religion;

Religious officials, monks, or others engaged in religious activities who transfer their place of religious activity, when registering permanent residence at religious facilities, must provide documents proving the transfer of their place of religious activity as prescribed by laws on belief and religion;

e) Vietnamese citizens residing abroad holding foreign passports, substitute documents issued by foreign countries still valid, or without passports but with foreign-issued permanent residence certificates now returning to Vietnam for permanent residence must provide repatriation certificates issued by Vietnamese diplomatic missions abroad (if they are abroad) or approval letters for permanent residence issued by the Immigration Department (if they are temporarily residing in Vietnam), accompanied by an introduction letter issued by the Exit and Entry Administration Office where they are applying for permanent residence;

f) Vietnamese citizens residing abroad holding Vietnamese passports or substitute documents still valid for use who return to Vietnam for permanent residence must provide Vietnamese passports or substitute documents stamped by border control forces;

g) Foreigners acquiring Vietnamese citizenship when registering permanent residence must provide documents proving Vietnamese citizenship;

h) Officers, non-commissioned officers, professional soldiers, defense civil servants, defense workers; officers, non-commissioned officers in specialized positions, officers, non-commissioned officers in technical specialties, workers, and staff members of the People's Public Security Force stationed in military camps of the People's Army and the People's Public Security Force, when registering permanent residence outside the camp, must provide an introduction letter or confirmation from the direct unit leader (signed, clearly stating their full name and stamped with the unit's seal). In cases where permanent residence registration was previously done outside the camp and is now changing the place of permanent residence registration, a household transfer certificate must be provided;

i) Individuals accepted by the holder of a household registration book to join their household registration book when registering permanent residence must provide the host's consent for permanent residence registration, signed and clearly stating their full name and date on the household registration change form and population registration form.

3. Place to submit registration documents for permanent residence

a) For centrally-administered cities, submit the documents to the Police Department of the district, town, or city;

b) For provinces, submit the documents to the Police Station of the commune or town under the district, or the Police Station of the town or city under the province.

Article 7. Documents and materials proving compliance with one of the conditions for registering permanent residence in a centrally governed city

In addition to the documents and materials included in the registration dossier for permanent residence as stipulated in Article 6 of this Circular, cases transferring to register permanent residence in a centrally governed city must also provide one of the following documents or materials:

1. For cases falling under Clause 1, Article 20 of the Law on Residence, there must be documents proving the temporary residence period as specified in Clause 3, Article 8 of Decree No. 31/2014/NĐ-CP.

2. For cases falling under Clause 2, Article 20 of the Law on Residence

a) Documents and materials proving compliance with the case specified in Point a, Clause 2, Article 20 of the Law on Residence, including:

- Documents and materials to prove spousal relationship: Marriage registration certificate; household registration book, household transfer certificate, or confirmation from the People's Committee of the commune where they reside;

- Documents and materials to prove parent-child relationship: Birth certificate; decision recognizing adoption; decision on recognition of parent-child relationship; household registration book, household transfer certificate, or confirmation from the People's Committee of the commune where they reside;

b) Documents and materials proving compliance with the case specified in Point b, Clause 2, Article 20 of the Law on Residence, including:

- Documents and materials to prove blood sibling relationship: Household registration book, household transfer certificate, birth certificate, or confirmation from the People's Committee of the commune where they reside;

- Documents and materials to prove individuals who have reached retirement age: Birth certificate, household registration book, identity card, or confirmation from the People's Committee of the commune where they reside regarding date of birth;

- Documents and materials to prove individuals receiving pension benefits: Pension book; retirement decision; confirmation from the social insurance agency; confirmation from the organization or entity where they worked before retirement or confirmation from the People's Committee of the commune where they reside;

- Documents and materials to prove individuals who have retired due to health reasons or ceased working: Decision or confirmation from the organization or entity where they worked before retiring due to health reasons or ceasing work or confirmation from the People's Committee of the commune where they reside;

c) Documents and materials proving compliance with the case specified in Point c, Clause 2, Article 20 of the Law on Residence, including:

- Confirmation of disability or confirmation from the People's Committee of the commune where they reside for individuals with physical or mental disabilities according to laws on persons with disabilities;

- Certification from a healthcare facility at district level or higher for individuals who have lost their ability to work, individuals suffering from mental illness, or other diseases that impair cognitive function and control over behavior;

- Household registration book, birth certificate, or confirmation from the People's Committee of the commune where they reside to prove relationships such as siblings, aunts, uncles, cousins, guardians;

- Documentation on the appointment of a guardian by the People's Committee of the commune where they reside, except for cases where the guardian is automatically appointed for minors or individuals without civil capacity according to the Civil Code;

d) Documents and materials proving compliance with the case specified in Point d, Clause 2, Article 20 of the Law on Residence, including:

- Documents and materials to prove minor status: Birth certificate, household registration book, identity card, or confirmation of date of birth issued by the People's Committee of the commune where they reside;

- Documents and materials to prove the absence of parents: Death certificate of parents or court decision declaring parents missing or deceased, or confirmation from the People's Committee of the commune where they reside regarding the death of parents;

- Documents and materials to prove parents' inability to raise children: Confirmation from the People's Committee of the commune;

In addition to the aforementioned documents and materials, depending on specific circumstances when registering permanent residence, citizens must provide documents and materials proving or confirmed by the People's Committee of the commune regarding relationships such as grandparents, aunts, uncles, cousins, guardians.

đ) Documents and materials proving compliance with the case specified in Points đ and e, Clause 2, Article 20 of the Law on Residence, including:

- Documents proving single status: Confirmation from the People's Committee of the commune where they reside;

- Documents and materials to prove relationships such as grandparents, aunts, uncles, cousins: Household registration book, household transfer certificate, birth certificate, or confirmation from the People's Committee of the commune where they reside.

3. For cases falling under Clause 3, Article 20 of the Law on Residence

a) Documents and materials proving employment at state budget-funded agencies or organizations include one of the following types of documents or materials:

- Introduction letter (signed, stamped, and clearly stating full name) from the head of the directly managing unit (including the People's Army and Public Security Force) accompanied by one of the following documents or materials:

+ Decision on transfer, recruitment of personnel working under the state budget as cadres, civil servants, members of the People's Army, or Public Security Force;

+ Decision on salary adjustment for cadres and civil servants; promotion and rank advancement decisions for members of the People's Army or Public Security Force;

- Confirmation (signed, stamped) from the head of the directly managing unit (including the People's Army and Public Security Force) regarding ongoing employment under the state budget.

b) Documents and materials proving employment under an indefinite-term contract at agencies or organizations include one of the following types of documents or materials:

- Introduction letter (signed, stamped, and clearly stating full name) from the head of the directly managing unit (including the People's Army and Public Security Force) accompanied by one of the following documents or materials:

+ Indefinite-term labor contract according to labor law (applicable to all agencies and organizations, including those in various economic sectors employing workers);

+ Indefinite-term employment contract in state-owned public institutions according to laws on cadres and civil servants.

- Specifically, for leaders within agencies or organizations, decisions by competent authorities on appointment or transfer of leadership positions within agencies or organizations or documents proving their status as leaders within those agencies or organizations can substitute for indefinite-term contracts.

- Confirmation (signature, stamp) of the Head of the direct managing agency, organization (including the People's Army and the People's Public Security) regarding the citizen working under an indefinite-term labor contract or an indefinite-term work contract.

The Head of the direct managing unit is the Head of the agency, organization, armed force unit authorized to use its own seal.

4. In cases falling under Clause 4 of Article 20 of the Law on Residence, one of the following documents must be provided:

Household registration book, identity card, or confirmation from the police station of the district, county, or town where the citizen previously registered their permanent residence regarding the fact that the citizen has registered their permanent residence in that central city.

Article 8. Transfer of Household Registration

1. Authority to issue transfer certificates for household registration

a) The Chief of Police of commune or town has the authority to issue transfer certificates for cases transferring outside the scope of the commune or town within the province and outside the province;

b) The Chief of Police of district, county, or town within a centrally governed city, the Chief of Police of town or city within a province shall issue transfer certificates for cases transferring outside the scope of the district, county, or town within a centrally governed city, town or city within a province, and outside the scope of the centrally governed city or province.

2. Documents required for applying for a transfer certificate for household registration include:

a) Household registration change form and population registration form;

b) Household registration book (or family household registration book, collective household registration certificate issued previously).

3. Within two working days from the date of receiving the application, the police agency must issue a transfer certificate for household registration to the citizen. If the entire household is transferred, it should be clearly noted on the transfer certificate and the household registration book that the entire household is being transferred so that the police agency at the place of transfer can collect the old household registration book when issuing a new one. If only one person or some members of the household are transferred, the basic contents such as information about the person(s) transferring, the date of issuance of the transfer certificate, and the address of the place of transfer should be clearly noted on the page for adjusting changes in the household registration book.

4. It is strictly prohibited to require citizens to have a written consent from the police agency at the place of transfer to obtain a transfer certificate for household registration.

5. Cases not eligible for issuance of a transfer certificate for household registration

a) Cases falling under Clause 6 of Article 28 of the Law on Residence;

b) Cases temporarily not eligible for procedures to change place of residence as stipulated in Article 4 of this Circular (except cases where the competent authority has agreed in writing to change the place of residence despite the application of measures restricting freedom of residence).

Article 9. Authority to Register Permanent Residence

1. The Police of district, county, or town within a centrally governed city has the authority to register permanent residence in the district, county, or town within a centrally governed city.

2. The Police of commune or town within a provincial district has the authority to register permanent residence in communes or towns within a provincial district. The Police of town or city within a province has the authority to register permanent residence in towns or cities within a province.

Article 10. Issuance of Household Registration Book

1. A household registration book is issued to individuals or families who have registered permanent residence according to Articles 24, 25, and 26 of the Law on Residence. The household registration book confirms the place of permanent residence of the citizen.

Citizens changing their place of permanent residence outside the scope of the commune or town within a provincial district, outside the scope of the district, county, or town within a centrally governed city, or outside the scope of the town or city within a province will be issued a new household registration book.

2. In case the household registration book is damaged, it will be replaced; if lost, it will be reissued. The replaced or reissued household registration book will have the same number and content as the previously issued book. Documents for replacing or reissuing the household registration book include:

a) Change report form for household registration and population. For reissuing the household registration book in a provincial town or centrally governed city district, there must be a confirmation from the Police of the commune, ward, or town where the permanent residence is located on the change report form for household registration and population;

b) Household registration book (for replacement due to damage) or family household registration book, collective household registration certificate (for replacement from the old model to the new model).

The registration agency will collect the damaged household registration book or family household registration book, collective household registration certificate and stamp "void" to keep in the household file.

3. Within three working days from the date of receiving complete valid documents, the competent authority for registering permanent residence must replace or reissue the household registration book.

4. During the process of registering permanent residence, if there are errors in the household registration book due to the registration agency's mistake, within three working days from the date of receiving the citizen's request, the registration agency must take responsibility to adjust the household registration book to match the original file.

5. Individuals requiring separation of the household registration book as stipulated in point b, Clause 1 of Article 27 of the Law on Residence must record their agreement to separate the household registration book on the change report form for household registration and population, sign, write their full name and date. When separating the household registration book, it is not necessary to present legal residence documents.

6. The Chief of Police of district, county, or town within a centrally governed city, the Chief of Police of town or city within a province, and the Chief of Police of commune or town within a provincial district are authorized to sign the household registration book.

7. Members of the household have the responsibility to manage and use the household registration book in accordance with regulations. They must present the household registration book when inspected by authorized police officers. It is strictly prohibited to alter, erase, mortgage, lend, rent, or use the household registration book in violation of the law.

8. The head of the household has the responsibility to facilitate conditions for other members named in the household registration book to use it to handle matters as prescribed by law. If intentionally creating difficulties and preventing other members named in the household registration book from using it to handle matters as prescribed by law, they will be subject to legal penalties depending on the nature and severity of the violation.

Article 11. Deletion of Permanent Registration

1. Deletion of permanent registration is the act of the competent authority for permanent registration deleting the name of a person who has been registered for permanent residence from the household register and the permanent registration book.

2. Procedures for deleting permanent registration in cases falling under points a, b, c, and d of Clause 1, Article 22 of the Law on Residence

a) Within 60 (sixty) days from the date when there is a person subject to deletion of permanent registration, the head of the household shall be responsible for coming to handle the procedures for deleting permanent registration. The dossier includes: Change of Household Registration and Population Form; household register; documents proving that they fall within one of the cases for deleting permanent registration.

b) Within 03 (three) working days from the date of receiving a valid dossier, the authority for permanent registration must delete the citizen's name in the permanent registration book and in the household register;

c) Within 03 (three) working days from the date of deleting permanent registration, the Public Security Police Station of the district, city district, town directly under the central province; town, provincial city must adjust the permanent registration dossier in the household file archive, notify the national identity card archive and the Public Security Police Station of the commune, ward, town where the person whose permanent registration is deleted resides;

d) Within 03 (three) working days from the date of deleting permanent registration, the Public Security Police Station of the commune, town under the provincial district shall be responsible for notifying the Public Security Police Station of the district. After adjusting the dossier in the household file archive, the Public Security Police Station of the district shall be responsible for notifying the national identity card archive.

3. Procedures for deleting names in cases falling under point d of Clause 1, Article 22 of the Law on Residence:

a) For communes, towns under the provincial district

- Within 05 (five) working days from the date of receiving the notification of permanent registration from the authority for resident registration at the place where the citizen has moved to, it must notify the person whose permanent registration is deleted or the head of the household to bring the household register to handle the procedures for deleting the name in the permanent registration book, deleting the name in the household register (in case the entire household does not move), and notify the Public Security Police Station of the district about the deletion of permanent registration;

- Within 05 (five) working days from the date of receiving the notification of permanent registration deletion from the Public Security Police Station of the commune, town; the Public Security Police Station of the district must transfer the permanent registration dossier to the Public Security Police Station of the same level at the place where the citizen has moved to and notify the national identity card archive;

b) For districts, city districts, towns directly under the central province; towns, provincial cities

Within 10 (ten) working days from the date of receiving the notification of permanent registration from the authority for resident registration at the place where the citizen has moved to, it must notify the person whose permanent registration is deleted or the head of the household to bring the household register to handle the procedures for deleting the name in the permanent registration book, deleting the name in the household register (in case the entire household does not move), and notify the national identity card archive and the Public Security Police Station of the commune, ward, town; simultaneously, it must transfer the permanent registration dossier to the Public Security Police Station of the same level at the place where the citizen has moved to.

4. If beyond 60 (sixty) days from the date when there is a person subject to deletion of permanent registration, the head of the household does not handle the procedures for deleting permanent registration as prescribed, the Public Security Police Station of the commune, ward, town where the person subject to deletion of permanent registration resides shall prepare a record, request the household to handle the procedures for deleting permanent registration. After 30 (thirty) days from the date of preparing the record, if the head of the household does not handle the procedures for deleting permanent registration, the Public Security Police Station of the commune, town under the provincial district, the Public Security Police Station of the town, city under the provincial district, the Public Security Police Station of the city district, district, town under the central province will proceed with deleting permanent registration.

Article 12. Adjusting Changes in Household Registration Books

1. The subjects and files for adjusting changes in household registration books shall be carried out in accordance with Article 29 of the Law on Residence.

2. The time limit for adjusting changes in household registration books shall be implemented as follows:

a) Within thirty (30) days from the date of the decision to change the surname, given name, middle name, date of birth, month, year of birth, or other changes in civil status issued by the competent authority, the head of the household or the person whose information has changed or their representative must complete the procedures to adjust the household registration book;

b) Within three (3) months from the date of the decision by the competent state agency regarding changes in administrative boundaries, administrative units, streets, house numbers, the registration authority shall be responsible for notifying citizens to come forward to complete the procedures to adjust the household registration book. Within thirty (30) days from the date of notification by the registration authority, citizens are responsible for coming forward to complete the procedures to adjust the household registration book;

c) Within twelve (12) months from the date of moving to a new legal place of residence within the same commune, town under a district of a province; within the same district, city district, town under a centrally-administered city; city, town under a province, the head of the household or a member of the household or the authorized person must complete the procedures to adjust the household registration book.

3. Within three (3) working days from the date of adjusting changes in the household registration book, the Public Security Police of the district, city district, town under a centrally-administered city; the Public Security Police of the town, city under a province must notify the citizen identification records and the Public Security Police of the commune, ward, town where the person with changes resides.

4. Within three (3) working days from the date of adjusting changes in the household registration book, the Public Security Police of the commune, town under a district of a province shall be responsible for transferring the adjustment and supplementary files to the Public Security Police of the district for record keeping. Within three working days from the date of receiving the file, the Public Security Police of the district must notify the citizen identification records.

Article 13. Confirmation of Previous Permanent Resident Registration

1. Competent Authority for Confirmation: The authority responsible for registering permanent residence has the authority to confirm that a citizen previously had a permanent resident registration.

2. The application file for confirmation includes:

a) Household registration change form and population registration form;

b) Documents and evidence proving that the citizen previously had a permanent resident registration (if available).

3. Within three (3) working days from the date of receiving a valid application file, the competent authority must confirm and provide the result to the citizen; if not confirmed, they must respond in writing and specify the reasons. The confirmation content includes basic information about each individual: Surname and given name, alternative name (if applicable), date of birth, month, year of birth, gender, place of origin, ethnicity, religion, citizen identification number, place of permanent residence, date, month, year of permanent resident registration, date, month, year of cancellation of permanent resident registration.

Article 14. Revocation of Illegal Permanent Resident Registration Results

1. In cases where permanent resident registration is conducted beyond the authority, does not meet the conditions and subjects stipulated in Articles 19 and 20 of the Law on Residence and the guidance provided in this Circular, the Director of the Provincial Public Security Department shall revoke the illegal permanent resident registration of the Public Security Police of the district, city district, town under a centrally-administered city, the Public Security Police of the town, city under a province; the Head of the Public Security Police of the district under a province shall revoke the illegal permanent resident registration of the Public Security Police of the commune, town under a district of a province.

2. Within three (3) working days from the date of receiving the decision to revoke illegal permanent resident registration, the authority that registered the permanent residence must be responsible for deleting the name from the household registration book and the permanent resident registration book, and recovering the household registration book (if revoking the registration results of all persons listed in the household registration book).

3. Within three (3) working days from the date of canceling the permanent resident registration, the Public Security Police of the district, city district, town under a centrally-administered city; the Public Security Police of the town, city under a province must notify the citizen identification records and the Public Security Police of the commune, ward, town; the Public Security Police of the commune, town under a district of a province must notify the Public Security Police of the district, and the Public Security Police of the district must notify the citizen identification records within three (3) days from the date of receiving the notification from the Public Security Police of the commune, town.

Article 15. Places of residence not subject to transfer for permanent registration

1. Places of residence not subject to transfer for permanent registration are specified in Clause 4, Article 5 of Decree No. 31/2014/NĐ-CP.

2. Places of residence that have been provided with compensation, support, and resettlement plans by competent state agencies as stipulated in Point c, Clause 4, Article 5 of Decree No. 31/2014/NĐ-CP shall be understood as places of residence that have been approved by competent authorities for compensation, support, and resettlement plans and have been notified to local authorities and households.

Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 16. Procedures for temporary residence registration

1. The documents for temporary residence registration include:

a) Change of household registration and population declaration form; population declaration form (for cases where a population declaration form must be submitted);

b) Documents proving lawful place of residence as prescribed in Article 6 of Decree No. 31/2014/NĐ-CP (except in cases where the head of household with a household registration book or temporary residence book agrees to register temporary residence without presenting documents proving lawful place of residence). In cases where the lawful place of residence is rented, borrowed, or taken as a favor, it must be agreed upon by the landlord, lender, or host to register temporary residence at their place and recorded on the change of household registration and population declaration form, signed, and clearly stated with full name; if the landlord, lender, or host has already given written consent to register temporary residence at their place, there is no need to record it on the change of household registration and population declaration form.

Present identification card or other documents confirmed by the police station of the locality where the person usually resides.

2. A temporary resident who is agreed by the head of household to be entered into the temporary residence book or to register temporary residence at the head of household's place of permanent residence must have such agreement recorded on the change of household registration and population declaration form, signed, and clearly stated with full name and date.

3. A person registering temporary residence submits the temporary residence registration documents to the police station of the commune, ward, or town.

Article 17. Issuance of Temporary Residence Book

1. The Temporary Residence Book is issued to a household or individual who has registered temporary residence according to Article 30 of the Law on Household Registration and this Circular, serving to confirm the place of temporary residence of citizens and having a maximum validity period of twenty-four months.

The duration of temporary residence is proposed by the citizen but shall not exceed twenty-four months. Upon expiration of the temporary residence period, if the household or individual continues to reside temporarily, the representative of the household or individual must go to the police agency issuing the Temporary Residence Book to handle the extension procedures; each extension period shall not exceed the remaining validity period of the Temporary Residence Book. If the Temporary Residence Book expires but the household or individual continues to reside there, the representative of the household or individual must go to the police agency issuing the Temporary Residence Book to handle the issuance of a new Temporary Residence Book.

Each household registering temporary residence may appoint one fully capable adult member as the head of household to implement and guide other members in complying with regulations on registration and management of residence. In cases where there is no person aged eighteen or older or where there is a person aged eighteen or older but with limited capacity, another person in the household can be appointed as the head of household.

Students, trainees, and learners residing collectively in dormitories or student housing areas; workers residing collectively in worker housing areas must submit a request for temporary residence registration accompanied by a list, which is then recorded in the temporary residence registration book. The list includes basic information about each individual: full name; date of birth; gender; place of origin; ethnicity; religion; ID number; occupation and workplace; place of permanent residence; place of temporary residence, and duration of temporary residence. The police station of the commune, ward, or town is responsible for confirming the temporary residence registration in the list submitted by individuals, agencies, or organizations. In cases where individuals require separate Temporary Residence Books, they will be issued separately.

2. Within thirty days before the expiration of the temporary residence period, individuals, agencies, or organizations must go to the police station where they registered temporary residence to handle the extension procedures.

a) The documents for temporary residence extension include:

- Change of household registration and population declaration form;

- Temporary Residence Book;

- For students, trainees, and learners residing collectively in dormitories or student housing areas; workers residing collectively in worker housing areas, a request for temporary residence extension accompanied by a list must be submitted.

b) Within two working days from the date of receiving complete and valid documents, the police station of the commune, ward, or town must extend the temporary residence period for citizens.

3. In case the Temporary Residence Book is damaged, it can be exchanged; if lost or expired, it can be reissued. The exchanged or reissued Temporary Residence Book will have the same number and content as the previously issued one.

a) The documents for exchanging or reissuing the Temporary Residence Book include:

- Change of household registration and population declaration form;

- Temporary Residence Book (in cases where the Temporary Residence Book is damaged or expired).

b) Within two working days from the date of receiving complete and valid documents, the police station of the commune, ward, or town must exchange or reissue the Temporary Residence Book for citizens.

4. Citizens changing their place of temporary residence outside the commune, ward, or town boundaries will be issued a new Temporary Residence Book.

5. During the temporary residence registration process, if there are errors made by the registration agency while recording in the Temporary Residence Book, within three working days from the date the citizen requests, the temporary residence registration agency must correct the Temporary Residence Book to match the temporary residence registration documents.

6. Temporary residents are responsible for managing and using the Temporary Residence Book in accordance with regulations. They must present the Temporary Residence Book when inspected by authorized police officers. It is strictly prohibited to alter, erase, mortgage, lend, rent, or use the Temporary Residence Book illegally.

Article 18. Adjusting Changes in Temporary Residence Books

1. The subjects and documents for adjusting changes in temporary residence books shall be implemented in accordance with Article 29 of the Law on Household Registration.

2. The time limit for adjusting changes in temporary residence books shall be implemented in accordance with Clause 2 of Article 12 of this Circular.

3. Within three working days from the date of receiving complete and valid documents, the Police Station of the commune, ward, or town shall be responsible for adjusting and supplementing changes in the temporary residence book for citizens and the temporary residence registration book.

Article 19. Deleting Names in Temporary Residence Registration Books

The Police Station of the commune, ward, or town where a person has registered temporary residence must delete their name from the temporary residence registration book in the following cases:

1. A person who has registered temporary residence but has died or gone missing.

2. A person who has registered temporary residence but has not lived, worked, labored, or studied at the registered temporary residence location for six months or more.

3. A person who has registered temporary residence but whose temporary stay period has expired for thirty days or more without going to the police station where they registered temporary residence to extend the temporary stay.

4. A person who has registered temporary residence but has been registered as a permanent resident.

5. A person who has registered temporary residence but has been decided by the competent authority to cancel the temporary residence registration in accordance with Clause 1 of Article 20 of this Circular.

Article 20. Canceling Illegal Temporary Residence Registrations

1. In cases where temporary residence registrations are made beyond the authorized jurisdiction, for unauthorized subjects, or without meeting the conditions stipulated in Article 30 of the Law on Household Registration and guided by this Circular, the Head of the Police Station of the district, urban district, town, or provincial city shall cancel illegal temporary residence registrations.

2. Within three working days from the date of receiving the decision to cancel illegal temporary residence registrations, the Police Station of the commune, ward, or town that registered the temporary residence must have the responsibility to delete the name of the person who illegally registered temporary residence from the temporary residence book, the temporary residence registration book, and recover the temporary residence book (if all persons listed in the temporary residence book are canceled due to illegal registration).

Chapter IV

RESIDENCE NOTIFICATION, TEMPORARY ABSENCE REPORTING AND CONFIRMATION OF RESIDENCE INFORMATION

Article 21. Staying and Reporting Stays

1. Staying refers to a citizen residing for a certain period at a location within a commune, ward, or town outside their place of residence and not subject to temporary residence registration.

2. Representatives of families, collective housing, medical facilities, hotels, guesthouses, and other establishments when there are people staying must be responsible for:

a) Requesting the person staying to present one of the following documents: Identity card; valid Vietnamese passport; other personal identification documents or documents issued by agencies, organizations, People's Committees of communes, wards, or towns. For individuals under fourteen years old who are staying, they are not required to present the aforementioned documents but must provide information about the identity of the individual under fourteen years old;

b) Reporting the stay to the Police Station of the commune, ward, or town.

If the person staying at the family's or collective housing's residence does not reside in the commune, ward, or town where the family or collective housing is located, then the person staying must report the stay to the Police Station of the commune, ward, or town.

3. Reporting stays can be done directly, by telephone, or through the internet or computer network. The duration of the stay depends on the citizen's needs. The person receiving the report of the stay must record it in the stay reception book and will not issue a stay certification document to the citizen.

4. The location for receiving reports of stays is the Police Station of the commune, ward, or town. Based on actual conditions, localities may decide additional locations to receive reports of stays. Before 23:00 each day, staff receiving reports of stays at locations outside the Police Station of the commune, ward, or town must promptly inform and report data to the Police Station of the commune, ward, or town; cases arriving after 23:00 should be reported to the Police Station of the commune, ward, or town the next morning. The Police Station of the commune, ward, or town is responsible for announcing the location, internet address, computer network address, and phone number for receiving reports of stays and guiding how to report stays.

Article 22. Temporary Absence Declaration

1. The subjects and procedures for declaring temporary absence shall be carried out in accordance with Article 32 of the Law on Residence and the guidance provided in this Circular.

2. A person declaring temporary absence must go to the police station of the commune, ward, town where they reside to complete the temporary absence declaration procedures.

3. A person declaring temporary absence under Clause 1 of Article 32 of the Law on Residence must obtain written consent from the individual or competent authority overseeing and managing that person.

A person declaring temporary absence under Clause 2 of Article 32 of the Law on Residence shall determine their own period of temporary absence.

4. Within one working day from the date of receiving the citizen's request, the police station of the commune, ward, town where the citizen resides must issue a temporary absence declaration form to the citizen (in special cases, the processing time may be extended, but not exceeding two working days).

Chapter V

DUTIES OF RESIDENCE MANAGEMENT

Article 23. Responsibilities of Provincial Police and Municipal Police Directly Under the Central Government Regarding Resident Management

1. Shall be responsible before the Ministry of Public Security and the People's Committee of the province or centrally governed city regarding directing, guiding, inspecting, and organizing the implementation of regulations on resident management in their locality.

2. Advise the People's Committee of the province or centrally governed city to direct the People's Committee of the commune to certify various types of documents confirming legal residence for citizens in accordance with Decree No. 31/2014/NĐ-CP.

3. Take the lead in coordinating with information and communication agencies and local departments to organize the dissemination of laws on resident management.

4. Report to the Ministry of Public Security and the People's Committee of the province or centrally governed city on the situation, measures to resolve issues arising during resident management in their locality.

5. Inspect, audit, handle complaints and denunciations, and deal with violations of laws on resident management within their jurisdiction.

6. Compile and report on the situation and statistics on resident management to the Ministry of Public Security as prescribed.

7. Direct, inspect, and guide district, county, town, and provincial city police on registration and resident management.

8. Implementing other matters concerning residence management as prescribed by the Minister of Public Security.

Article 24. Responsibilities of District, County, Town, and Provincial City Police Regarding Resident Management

1. Implement responsibilities as stipulated in the Law on Residence and implementing directives.

2. Shall be responsible before the Provincial Police and Municipal Police Directly Under the Central Government and the People's Committee of the district, county, town, or provincial city regarding directing, guiding, inspecting, and organizing the implementation of regulations on resident management in their locality.

3. Take the lead in coordinating with information and communication agencies and local departments to organize the dissemination of laws on resident management.

4. Report to the Provincial Police and Municipal Police Directly Under the Central Government and the People's Committee of the district, county, town, or provincial city on the situation and measures to resolve issues arising during resident management in their locality.

5. Inspect, audit, handle complaints and denunciations, and deal with violations of laws on resident management within their jurisdiction.

6. Compile and report on the situation and statistics on resident management to the Provincial Police and Municipal Police Directly Under the Central Government as prescribed.

7. Manage and store resident registration files and permanent resident files in household registers in accordance with the regulations of the Ministry of Public Security.

8. Perform other resident management tasks as prescribed by higher-level police authorities.

Article 25. Responsibilities of Commune, Ward, and Town Police regarding residence management

1. Implement the responsibilities prescribed by the Law on Residence.

2. Carry out registration and management of residence within their jurisdiction in accordance with the Law on Residence and regulations of the Ministry of Public Security.

3. Inspect, handle complaints and denunciations, and deal with violations of laws related to residence within their authority.

4. Collect and report residence situation and data to the District, County, City Police under provincial administration as prescribed.

5. Organize propaganda on laws related to residence.

6. Manage and store registration files and temporary residence records in accordance with the regulations of the Ministry of Public Security.

7. Perform other tasks related to residence management as prescribed by higher-level police authorities.

Article 26. Residence Inspection

1. Forms of residence inspection are conducted periodically, unexpectedly, or based on requirements for crime prevention, maintaining public security, and social order.

2. The subjects of residence inspection include citizens, households, accommodation rental establishments, registration and management agencies at all levels; organizations related to residence management.

3. Contents of residence inspection include checking the implementation and organization of registration and management activities; rights and responsibilities of citizens, households, agencies, and organizations; other contents according to the law on residence.

4. People's Police officers assigned to manage residence in the area have the right to directly inspect or coordinate inspections of compliance with laws on residence for citizens, households, agencies, and organizations within their management area. When conducting inspections, they may mobilize mass forces to participate in protecting public security and order at the grassroots level, protecting enterprises and organizations.

5. Higher-level police inspections in residential areas must be witnessed by People's Police officers assigned to manage residence in the area.

Chapter VI

IMPLEMENTATION

Article 27. Effective Date

This Circular takes effect from October 28, 2014, and replaces Circular No. 52/2010/TT-BCA dated November 30, 2010, issued by the Minister of Public Security detailing certain provisions of the Law on Residence, Decree No. 107/2007/NĐ-CP dated June 25, 2007, and Decree No. 56/2010/NĐ-CP dated May 24, 2010 on residence.

Article 28. Responsibility for Implementation

1. Agencies and organizations within their functions, tasks, and authorities shall direct the implementation of this Circular.

2. Provincial People's Committees under the central government, within their functions, duties, and powers, shall direct the implementation of this Circular at the local level; instructing the People's Committees of communes, wards, and towns to publicly implement the confirmation of lawful place of residence as stipulated in Article 6 of Decree No. 31/2014/NĐ-CP and guided in this Circular to facilitate citizens' registration of residence.

3. The Director of the General Office for Population and Household Registration has the responsibility:

a) To assist the Minister of Public Security in directing, guiding, inspecting, and urging police units and localities to implement regulations on registration and management of residence;

b) To develop plans for propaganda and organize the implementation of the Law on Residence, this Circular, and related legal documents at all levels of police;

c) To guide the use of forms, documents, and registers for registration and management of residence as uniformly prescribed by the Ministry of Public Security nationwide;

d) To organize mid-term and final reviews, draw lessons from work on registration and management of residence nationwide; apply advanced technology to registration and management of residence and build a national database on residence;

đ) To report situations and propose solutions to the Minister of Public Security for resolving difficulties, violations in the implementation, and new issues arising during the implementation of work on registration and management of residence;

e) To compile statistics and situations on residence nationwide;

g) To suspend or revoke, within their authority, or recommend competent authorities to suspend or revoke regulations of local police, agencies, organizations, and people's committees at all levels that contravene this Circular.

4. Directors of provincial public security departments under the central government have the responsibility to implement this Circular; to consolidate reception offices, publicize regulations on registration and management of residence; review and arrange personnel for registration and management of residence; guide and inspect specialized forces and police at all levels to implement correctly.

5. Heads of general directorates, heads of units under the Ministry of Public Security, Directors of provincial public security departments under the central government, and Directors of provincial fire prevention and firefighting departments under the central government have the responsibility to enforce this Circular.

During the implementation of this Circular, if any difficulties arise, police units and localities shall report to the Ministry of Public Security (through the General Office for Population and Household Registration) for timely guidance./.