Circular No. 52/2010/TT-BCA detailing the implementation of 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 regarding residence.

CIRCULAR

Detailed implementation regulations for certain provisions of the Law on Residence and Decree No. 107/2007/ND-CP dated June 25, 2007

and Decree No. 56/2010/ND-CP dated May 24, 2010 on residence

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Pursuant to the Law on Residence dated November 29, 2006;

Pursuant to Decree No. 107/2007/ND-CP dated May 25, 2007 detailing and guiding the implementation of certain provisions of the Law on Residence; Decree No. 56/2010/ND-CP dated May 24, 2010 amending and supplementing certain provisions of Decree No. 107/2007/ND-CP dated June 25, 2007;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Public Security;

The Ministry of Public Security hereby issues detailed implementation regulations for certain provisions of the Law on Residence, Decree No. 107/2007/ND-CP dated June 25, 2007, and Decree No. 56/2010/ND-CP dated May 24, 2010 (hereinafter referred to as Decree No. 107/2007/ND-CP), as follows:

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 agencies, organizations, households, Vietnamese citizens; Vietnamese people residing abroad who still hold Vietnamese citizenship returning to Vietnam to live.

Article 3. Place of residence of military officers and police officers

1. Officers, non-commissioned officers, professional soldiers, defense civil servants, defense workers; officers, non-commissioned officers in specialized positions, technical officers, non-commissioned officers, technical officers, workers, staff of the People's Public Security Forces outside the barracks of the People's Army and the People's Public Security Forces shall register their place of residence according to 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, technical officers, non-commissioned officers, technical officers, workers, staff of the People's Public Security Forces; those performing military service or serving with a fixed term in the People's Public Security Forces within the barracks of the People's Army and the People's Public Security Forces shall be managed under separate regulations of the Ministry of National Defense and the Ministry of Public Security.

Article 4. Limitation on freedom of residence

1. The following persons, during the period when their freedom of residence is restricted, shall temporarily not be processed for procedures to change their place of residence, except in cases where there is written consent from the agency that has applied such measures:

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) Persons subject to placement in educational facilities, treatment centers, educational institutions, but whose execution is currently suspended or temporarily halted.

2. Persons subject to a ban on residence shall not be processed for procedures to register permanent residence or temporary residence in areas 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 have the responsibility to receive information reported by citizens, households, agencies, and organizations regarding residence and process such information according to their functions, tasks, and authority to maintain administrative discipline, promote administrative reform, and improve 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) Electronic information;

e) Other methods.

3. Information reported by citizens, households, agencies, and organizations regarding residence must be recorded by registration and management officials, clearly indicating the time, location, and the involved organizations or individuals. When citizens or agencies come to report information, they should be asked to provide their name and contact address so that the registration and management agency 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) Household registration form;

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 lawful place of residence as stipulated in Article 5 of Decree No. 107/2007/ND-CP, except in cases where the person holding the household registration book agrees to include them in their own household registration book.

- In cases where the lawful place of residence is rented, borrowed, or lived in with the permission of an individual, the owner of the rented, borrowed, or permitted living space must clearly state their agreement to register permanent residence on the change of household registration and population notification form, sign, and write their full name and date (if the rental, borrowing, or permission agreement already specifies the agreement to register permanent residence, then the owner does not need to sign the change of household registration and population notification form).

- For rented, borrowed, or permitted living spaces in Hanoi and Ho Chi Minh City, the area of the rented, borrowed, or permitted living space must be clearly stated in the contract, ensuring a minimum area of 5 square meters per person. The floor area is understood and implemented according to the laws on housing.

- In cases where the relationship is between grandparents, parents, spouse, children, siblings, or grandchildren as stipulated in Clause 1 of Article 25 of the Law on Residence moving to live together, they do not need to present documents proving lawful place of residence but must present documents confirming or certified by the People's Committee at the commune, ward, town level (hereinafter referred to as the People's Committee at the commune level) about the above relationship.

d) Citizens must present the original document proving lawful place of residence when processing permanent residence registration, submit a copy to the registration agency. The officer receiving the file must check and note on the copy that it matches the original (sign, write full name, date of checking).

2. Registration documents for permanent residence for specific cases

In addition to the common documents in the permanent residence registration file as stipulated in Clause 1 of this Article, the following cases must also have additional documents:

a) Unmarried minors who do not register permanent residence with their father or mother; or with another person if registered with their father or mother, must have written consent from their father or mother.

b) Individuals cared for and nurtured by agencies or organizations when registering permanent residence must have a written request from the agency or organization. If cared for and nurtured by an individual, the individual must have a written request confirmed by the People's Committee at the commune level. The request must clearly state basic information about each person such as: full name, date of birth, gender, place of origin, ethnicity, religion, citizen identification number, previous place of permanent residence, current place of residence.

c) Children registering permanent residence as prescribed in Article 13 of the Law on Residence must present a birth certificate when registering permanent residence.

d) Persons living at religious facilities when registering permanent residence must present documents proving they are religious clergy, monks, or other persons engaged in religious activities as prescribed by the laws on belief and religion.

d) A Vietnamese citizen residing abroad holding a foreign passport, a document replacing the passport issued by a foreign country that is still valid, or without a passport but with a permanent residence document issued by a foreign country now returning to Vietnam for permanent residence, when registering permanent residence must have a return-to-Vietnam document issued by a Vietnamese representative office abroad (if they are outside the country) or a document agreeing to grant permanent residence from the Exit and Entry Administration Bureau (if they are temporarily residing in the country), accompanied by an introduction letter issued by the Exit and Entry Administration Office where they apply for permanent residence.

e) A Vietnamese citizen residing abroad holding a Vietnamese passport that is still valid when returning to Vietnam for permanent residence, when registering permanent residence, must have a Vietnamese passport stamped with an entry inspection stamp by the exit and entry control force at the border checkpoint.

g) A foreigner who has acquired Vietnamese nationality, when registering permanent residence, must have a document proving Vietnamese citizenship.

h) Officers, non-commissioned officers, professional soldiers, defense civil servants, defense workers; officers, non-commissioned officers in specialized services, officers, non-commissioned officers in technical specialties, workers, staff members of the People's Public Security Force residing within military camps of the People's Army and the People's Public Security Force, when registering permanent residence together with their family, must have an introduction letter from the direct unit leader (signed, stamped, and clearly stating full name).

i) An individual who is agreed to be registered into another person’s household registration book by the owner of the household registration book, when registering permanent residence, must have the consent for registration of permanent residence from the head of the household, signed, clearly stating full name and date, month, year on the change of household registration form.

3. Place to submit registration documents for permanent residence

a) For centrally governed cities, submit the application at the Public Security 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 proving eligibility for registration of permanent residence in centrally governed cities.

In addition to the documents listed in the application for permanent residence as guided in Article 6 of this Circular, cases transferring to register permanent residence in centrally governed cities must also provide one of the following documents:

1. For cases under Clause 1, Article 20 of the Law on Residence, must have one of the documents prescribed in Clause 3, Article 7 of Decree No. 107/2007/NĐ-CP.

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

a) Documents proving the case prescribed in point a, Clause 2, Article 20 of the Law on Residence, including:

- Documents to prove spousal relationship: marriage certificate, household registration book, or confirmation from the People's Committee of the commune where they reside.

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

b) Documents proving the case prescribed in point b, Clause 2, Article 20 of the Law on Residence, including:

- Documents to prove sibling relationship: household registration book, birth certificate, or confirmation from the People's Committee of the commune where they reside.

- Documents to prove being retired due to age: birth certificate, household registration book, identity card, or confirmation from the People's Committee of the commune where they reside regarding date, month, year of birth.

- Documents to prove being retired: pension book; confirmation from the social insurance agency; confirmation from the organization or entity where they worked before retirement or the People's Committee of the commune where they reside.

- Documents to prove being retired due to health reasons or cessation of work: decision or confirmation from the organization or entity where they worked before retirement due to health reasons or cessation of work or confirmation from the People's Committee of the commune where they reside.

c) Documents proving the case prescribed in point c, Clause 2, Article 20 of the Law on Residence, including:

- Confirmation from the People's Committee of the commune where they reside for persons with disabilities.

- Certification from a healthcare facility at the district level or higher for persons unable to work, persons with mental illness, or other diseases causing loss of cognitive ability or control over behavior.

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

- Document on the appointment of a guardian by the People's Committee of the commune where they reside, except for guardianship cases of minors and persons declared incompetent according to the Civil Code.

d) Documents proving the case prescribed in point d, Clause 2, Article 20 of the Law on Residence, including:

- Documents to prove being a minor: birth certificate, household registration book, identity card, or confirmation of date, month, year of birth issued by the People's Committee of the commune where they reside.

- Documents to prove the absence of parents: death certificate of parents or court decision declaring parents missing or dead, or confirmation from the People's Committee of the commune where they reside about the death of parents.

- Documents to prove parents' inability to raise children: confirmation from the People's Committee of the commune.

In addition to the above documents, depending on specific circumstances when registering permanent residence, citizens must provide documents proving or confirmation from the People's Committee of the commune where they reside about kinship such as grandparents, maternal grandparents, siblings, aunts, uncles, cousins, guardians.

d) Documents proving the case prescribed in point d, Clause 2, Article 20 of the Law on Residence, including:

- Documents to prove being single: confirmation from the People's Committee of the commune where they reside.

- Documents to prove kinship with paternal grandparents or maternal grandparents: household registration book, 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 proving employment at state budget-funded agencies or organizations, including one of the following types of documents:

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

+ 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 increase for cadres and civil servants; promotion and rank advancement; decision on appointment to positions in the People's Army and the People's Public Security Force.

- Confirmation (signed, stamped) from the direct unit leader (including the People's Army and the People's Public Security Force) regarding current employment with state budget funding.

b) Documents proving that the person is working under an indefinite-term contract at agencies and organizations, including one of the following types:

- A letter of introduction (signed, stamped, with full name clearly stated) from the head of the direct unit (including the People's Army and the People's Public Security Force), accompanied by one of the following documents:

+ An indefinite-term labor contract in accordance with labor laws (applicable to all agencies and organizations, including economic entities using labor);

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

- For those who are leaders of agencies and organizations, a Decision of the competent authority on appointing or transferring leaders of agencies and organizations, or documents proving that they are leaders of such agencies and organizations to replace the indefinite-term contract.

- Confirmation (signed, stamped) from the head of the directly managing agency or organization (including units of the People's Army and the People's Public Security Force) regarding the citizen working under an indefinite-term labor contract (applicable to all agencies and organizations, including economic entities using labor) or under an indefinite-term work contract.

The head of the directly managing unit is the head of the agency, organization, or armed force unit authorized to use its own seal.

4. Documents proving under Clause 4, Article 20 of the Law on Residence, including one of the following types:

Household registration book, Identity card, or confirmation from the police district, county, or town where the citizen previously registered permanent residence about the citizen having registered permanent residence in that central city.

Article 8. Transfer of Household Registration

1. The following cases of changing permanent residence address shall be issued a household transfer certificate:

a) Moving outside the commune, town limits of a district within a province. In this case, the Chief of Police of the commune, town has the authority to issue a household transfer certificate for both cases of moving outside the commune, town limits of a district within a province and outside the province.

b) Moving outside the district, town limits of a centrally-administered city; town, city within a province.

2. Application dossier for issuing a household transfer certificate

a) Change of household registration and population report 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 dossier, the police agency must issue a household transfer certificate to the citizen. If the entire household moves, it must be clearly noted on the household transfer certificate and in the household registration book that the entire household is moving so that the new place can collect the old household registration book when issuing a new one. If only one or some members of the household move, it must be clearly noted on the page adjusting changes in the household registration book the following basic contents: Information of the person(s) moving, date of issuance of the household transfer certificate, destination address.

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 under Clause 6, Article 28 of the Law on Residence.

b) Cases restricted from freedom of residence (except cases where the authority applying measures restricting freedom of residence agrees in writing to change the place of residence).

Article 9. Authority to Register Permanent Residence

1. Police districts, towns within centrally-administered cities; police towns, cities within provinces have the authority to register permanent residence in centrally-administered cities and towns, cities within provinces.

2. Police communes, towns have the authority to register permanent residence in communes, towns of districts within provinces.

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 permanent residence outside the commune, town limits of a district within a province, outside the district, town limits of a centrally-administered city, outside the town, city limits within a province shall be issued a new household registration book.

2. In case the household registration book is damaged, it will be exchanged; if lost, it will be reissued. The exchanged or reissued household registration book will have the same number and content as the original one.

The dossier for exchanging or reissuing a household registration book includes:

a) Change of household registration and population report form. In case of reissuing a household registration book, there must be a confirmation from the police commune, ward, town where the permanent residence is registered on the change of household registration and population report form.

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

3. Within three working days from the date of receiving complete valid dossiers, the competent authority for registering permanent residence must exchange 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 authority's fault, within three working days from the date of receiving the citizen's request, the registration authority must adjust the household registration book to match the original dossier.

5. Those who need to separate a household registration book as stipulated in Point b, Clause 1, Article 27 of the Law on Residence, the head of the household must record on the change of household registration and population report form their agreement to separate the household registration book, sign, write their full name and date. When separating the household registration book, there is no need to present documents proving legal residence.

6. The Chief of Police of districts, towns within centrally-administered cities, police towns, cities within provinces, and the Chief of Police of communes, towns of districts within provinces are the persons 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 contrary to the law.

8. The head of the household has the responsibility to create favorable conditions for other members named in the household registration book to use it to handle matters as prescribed by law.

Article 11. Deletion of Permanent Registration

1. Deletion of permanent residence registration is the act of the competent authority for registering permanent residence deleting the name of the citizen in the household registration book and the permanent residence 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 sixty days from the date a person falls under the category for deletion of permanent residence registration, the representative of the household must come to handle the deletion of permanent residence registration procedures. The dossier includes: Change of household registration and population report form; Household registration book.

b) Within three working days from the date of receiving a valid dossier, the authority for registering permanent residence must delete the name of the citizen in the permanent residence registration book and in the household registration book.

c) Within three working days from the date of cancellation of permanent residence registration, the police of the district, town, city under the central province; town, city under the provincial level shall adjust the permanent residence registration file and notify the citizen identity card archive and the police of the commune, ward, town where the person whose permanent residence registration has been canceled is located.

d) Within three working days from the date of cancellation of permanent residence registration, the police of the commune, town under the provincial district shall be responsible for notifying the police of the district. After adjusting the household registration file archive, the police of the district shall be responsible for notifying the citizen 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 five working days from the date of receipt of the notification of permanent residence registration from the registration authority at the place to which the citizen has moved, they must notify the person whose permanent residence registration has been canceled or the representative of the household to bring the household book to complete the procedure to remove the name from the permanent residence registration book, remove the name from the household book (in cases where the entire household does not move), and notify the cancellation of permanent residence registration to the police of the district.

- Within five working days from the date of receipt of the notification of cancellation of permanent residence registration from the police of the commune, town, the police of the district must transfer the permanent residence registration file to the police of the same level at the place to which the citizen has moved and notify the citizen identity card archive.

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

Within ten working days from the date of receipt of the notification of permanent residence registration from the registration authority at the place to which the citizen has moved, they must notify the person whose permanent residence registration has been canceled or the representative of the household to bring the household book to complete the procedure to remove the name from the permanent residence registration book, remove the name from the household book (in cases where the entire household does not move), notify the cancellation of permanent residence registration to the citizen identity card archive and the police of the commune, ward, town; and simultaneously transfer the permanent residence registration file to the police of the same level at the place to which the citizen has moved.

4. If within sixty days from the date when there is a person subject to cancellation of permanent residence registration, the representative of the household does not complete the procedure to cancel permanent residence registration as prescribed, the police of the commune, ward, town where the person subject to cancellation of permanent residence registration is located shall prepare a record and request the household to complete the procedure to cancel permanent residence registration. If within thirty days from the date of preparation of the record, the representative of the household does not complete the procedure to cancel permanent residence registration, the police of the commune, town under the provincial district, the police of the town, city under the provincial level, the police of the town, district, city under the central province shall proceed with the cancellation of permanent residence 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 the household book shall be implemented as follows:

a) Within thirty days from the date of the decision on change of surname, given name, middle name, date of birth, or other changes in civil status by the competent authority, the head of the household or the person who has changed or their representative in the household must complete the procedure to adjust in the household book.

b) Within three months from the date of the decision by the competent state authority on changes in administrative boundaries, administrative units, streets, house numbers, the registration authority shall be responsible for notifying citizens to come to complete the adjustment procedure in the household book. Within thirty days from the date of notification by the registration authority, citizens have the responsibility to come to complete the adjustment procedure.

3. Within three working days from the date of adjustment of changes in the household book, the police of the district, town, city under the Central Province; town, city under the provincial level must notify the citizen identity card archive and the police of the commune, ward, town where the person with changes resides.

4. Within three working days from the date of adjustment of changes in the household book, the police of the commune, town under the provincial district shall be responsible for transferring the adjusted and supplemented file to the police of the district for archiving. Within three working days from the date of receipt of the file, the police of the district must notify the citizen identity card archive.

Article 13. Confirmation of Previous Permanent Residence Registration

1. Competence to confirm: The authority responsible for permanent residence registration shall have the competence to confirm that a citizen previously had a household registration book for permanent residence.

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 working days from the date of receiving a valid application file, the competent authority must confirm and provide the result to the citizen; if confirmation is not made, it must be replied in writing with clear reasons. The confirmation content includes basic information of each individual: full name, other names (if any), date of birth, gender, place of origin, ethnicity, religion, national identity card number, place of permanent residence, date of registration, date of deregistration of permanent residence.

Article 14. Revocation of Illegal Permanent Resident Registration Results

1. In cases where permanent residence registration is conducted beyond the authorized jurisdiction, does not meet the conditions and subjects specified in Articles 19 and 20 of the Law on Household Registration and Residency and the guidance provided in this Circular, the Director of the Provincial Public Security Department shall revoke the illegal permanent residence registration conducted by the Public Security Police Station of the district, town, or city under central city jurisdiction, or the Public Security Police Station of the town or city under provincial jurisdiction; the Head of the Public Security Police Station of the province shall revoke the illegal permanent residence registration conducted by the Public Security Police Station of the commune or town within the province.

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

3. Within three working days from the date of deregistering permanent residence, the Public Security Police Station of the commune, district, or town under central city jurisdiction; the Public Security Police Station of the town or city under provincial jurisdiction must notify the civil identification archive and the Public Security Police Station of the commune, ward, or town; the Public Security Police Station of the commune or town within the province must notify the Public Security Police Station of the district, which in turn must notify the civil identification archive within three working days from the date of receiving the notification from the Public Security Police Station of the commune or town.

Article 15. Places Not Eligible for Permanent Residence Registration

1. Places not eligible for permanent residence registration are defined in Clause 4 of Article 4 of Decree No. 107/2007/NĐ-CP.

2. Places that have been compensated, supported, and resettled according to the plan approved by the competent state agency as stipulated in Point c of Clause 4 of Article 4 of Decree No. 107/2007/NĐ-CP are understood as places that have been approved by the competent authority for compensation, support, and resettlement plans.

Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 16. Procedures for temporary residence registration

1. The temporary residence registration file includes:

a) Change of household registration and population report form; population declaration form.

b) Legal proof of residence as prescribed in Article 5 of Decree No. 107/2007/NĐ-CP (except when the head of the household with a household registration book or temporary residence book agrees to register temporary residence, then there is no need to present proof of residence). For cases of renting, borrowing, or staying at a legal residence, the temporary residence registration must include the consent of the landlord, lender, or host to register temporary residence, recorded on the change of household registration and population report form, signed and dated clearly with full name and date.

Present national identity card or document confirmed by the Public Security Police Station of the commune, ward, or town where the person has registered permanent residence.

2. A temporary resident who is agreed by the head of the household to be entered into the temporary residence book or agreed by the head of the household to register temporary residence at their permanent residence address must have such agreement recorded on the change of household registration and population report form, signed and dated clearly 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 individuals or households registering temporary residence as prescribed in Article 30 of the Law on Household Registration and Residency and the guidance provided in this Circular, having the value of determining the place of temporary residence of citizens without a fixed term.

Students, trainees, learners residing in dormitories or student housing areas, if each individual wishes to register temporary residence and obtain a separate temporary residence book, they may be issued separately; in cases where there is no need for a separate temporary residence book, individuals, agencies, or organizations may submit a request for temporary residence registration along with a list, which will be recorded in the temporary residence registration book. The list includes basic information of each individual: full name, date of birth; male/female; place of origin; ethnicity; religion; national identity card number; occupation; workplace; place of permanent residence; place of temporary residence.

2. If the temporary residence book is damaged, it can be replaced; if lost, it can be reissued. The replaced or reissued temporary residence book will have the same number and content as the original.

The file for replacing or reissuing a temporary residence book includes:

a) Household registration change form and population registration form;

b) Damaged temporary residence book (for replacement cases).

3. Within two working days from the date of receiving a complete and valid application file, the Public Security Police Station of the commune, ward, or town must replace or reissue the temporary residence book for the citizen.

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 process of temporary residence registration, if there are errors made by the registration authority while recording in the temporary residence book, within three working days from the date the citizen requests, the temporary residence registration authority must correct the errors in the temporary residence book to match the temporary residence registration file.

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 public security 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 the temporary residence book shall be implemented in accordance with Clause 2 of Article 12 of this Circular.

3. Within three working days from the date of receiving a complete and valid application file, the Public Security Police Station of the commune, ward, or town must adjust and supplement changes in the temporary residence book for the citizen and the temporary residence registration book.

Article 19. Deleting Names in Temporary Residence Registration Books

1. If a person who has registered temporary residence dies, goes missing, or does not live, work, or study for six months or more, the Public Security Police Station of the commune, ward, or town where the person temporarily resides must delete their name from the temporary residence registration book.

2. If a person who has registered temporary residence is subsequently registered for permanent residence, the Public Security Police Station of the commune, ward, or town where the person temporarily resides must delete their name from the temporary residence registration book.

Article 20. Canceling Illegal Temporary Residence Registrations

1. In cases where temporary residence registration is conducted beyond the authorized jurisdiction, does not meet the subjects, or does not comply with the conditions specified in Article 30 of the Law on Household Registration and Residency and the guidance provided in this Circular, the Head of the Public Security Police Station of the district, town, or city under provincial jurisdiction shall revoke the illegal temporary residence registration.

2. Within three working days from the date of receipt of the decision to revoke the illegal temporary residence registration, the police station that registered the temporary residence shall be responsible for deleting the name of the person who illegally registered temporary residence from the temporary residence book, the temporary residence registration book, and recovering the temporary residence book (if revoking the illegal registration of all persons listed in the temporary residence book).

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. Families, collective dwellings, medical facilities, hotels, guesthouses, and other establishments where individuals aged 14 years or older reside must notify the police station about the stay. The person staying has the responsibility to present one of the following documents to the person receiving the notification: identity card; valid Vietnamese passport; personal identification document with photograph issued by an authorized agency; travel document issued by an agency; confirmation of residence issued by the People's Committee of the commune, ward, town; other documents proving individual identity.

3. The notification of stay shall be made directly, by telephone, or through a computer network. The duration of stay depends on the needs of the citizen. The person receiving the notification of stay must record it in the reception logbook and shall not issue any proof of stay to the citizen.

4. The place to receive notifications of stay is the police station. Based on actual conditions, localities may decide additional places to receive notifications of stay and must report daily before 10 PM to the police station.

Article 22. Temporary Absence Declaration

1. The subjects and procedures for declaring temporary absence shall be implemented 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 where the citizen resides must issue a declaration form for temporary absence (in special cases, the processing time may be extended but not exceeding two working days).

Chapter V

RESPONSIBILITIES FOR RESIDENCE MANAGEMENT

Article 23. Responsibilities of the Provincial Police Force and the Municipal Police Force under Central Administration

1. Shall be responsible to the Ministry of Public Security and the People's Committee of the province or centrally-administered city regarding the direction, guidance, inspection, and implementation of regulations on residence management in their locality.

2. Advise the People's Committee of the province or centrally-administered city to direct the People's Committee of the commune to certify types of documents confirming legal residence for citizens according to Article 5 of Decree No. 107/2007/NĐ-CP.

3. Take the lead in coordinating with information dissemination agencies and departments at the local level to organize the dissemination of laws related to residence.

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 the district-level police force on temporary residence registration and management.

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

Article 24. Responsibilities of the District Police Force

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

2. Shall be responsible to the Provincial Police Force or Municipal Police Force under Central Administration and the People's Committee of the district, county, town, or city under provincial administration (hereinafter referred to as the People's Committee of the district) regarding the direction, guidance, inspection, and implementation of regulations on residence management in their locality.

3. Take the lead in coordinating with information dissemination agencies and departments at the local level to organize the dissemination of laws related to residence.

4. Report to the Provincial Police Force or Municipal Police Force under Central Administration and the People's Committee of the district on the situation and measures to resolve issues arising during residence 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 the storage of registration files and permanent residence records in accordance with the regulations of the Ministry of Public Security.

8. Perform other tasks related to residence management as prescribed by higher-level public security authorities.

Article 25. Responsibilities of Police Stations at Communes, Wards, and Towns

1. Implement the responsibilities prescribed in 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, report the situation and statistics on residence to the police station at the district level 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, registration and management agencies at all levels; agencies and organizations related to residence management.

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

4. People's Public Security officers assigned to manage residence in the area have the right to directly inspect compliance with laws on residence for citizens, households, agencies, and organizations under their management. When inspecting, they may mobilize mass forces to participate in security and public order protection work at the grassroots level, protecting enterprises and organizations.

5. Inspections conducted by higher-level police stations in residential areas must be witnessed by People's Public Security officers assigned to manage residence in that area.

Chapter VI

IMPLEMENTATION

Article 27. Effective Date

This Circular takes effect from January 20, 2011; replacing Circular No. 06/2007/TT-BCA-C11 dated July 1, 2007 of the Ministry of Public Security guiding the implementation of certain provisions of the Law on Residence and Decree No. 107/2007/NĐ-CP dated June 25, 2007 detailing and guiding the implementation of certain provisions of the Law 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 and municipal people's committees directly under the central government within the scope of their functions, tasks, and authorities shall direct the implementation of this Circular at the local level; direct the people's committees at the commune level to confirm legal places of residence according to Article 5 of Decree No. 107/2007/NĐ-CP and the guidance provided in this Circular to facilitate citizens' registration of residence.

3. The Director of the General Bureau of Administrative Management of Public Order and Social Safety has the responsibility:

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

b) To develop plans for propaganda and organize the implementation of the Law on Residence, guiding decrees, and this Circular to all levels of public security.

c) To guide the use of forms, documents, and registers on residence registration and management according to the unified regulations of the Ministry of Public Security throughout the country.

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

đ) To report the situation and propose measures to the Minister to resolve difficulties, violations in the implementation, and new issues arising during the process of residence registration and management.

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 local public security regulations, agency, organizational, and various levels of people's committee regulations contrary to this Circular.

The Director of the Bureau of Administrative Management of Public Order and Social Safety has the responsibility to assist the Director of the General Bureau of Administrative Management of Public Order and Social Safety in implementing the above responsibilities.

4. Directors of General Bureaus and Heads of units directly under the Ministry within the scope of their functions and tasks have the responsibility to organize the implementation of this Circular.

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

During the implementation of this Circular, if there are difficulties or obstacles, public security units and localities shall promptly reflect them to the Ministry of Public Security (through the General Bureau of Administrative Management of Public Order and Social Safety, Legal Affairs Department) for timely guidance./.