Circular No. 57/2021/TT-BCA on the registration procedure for residence

CIRCULAR
Regulations on the registration process for residence 

Based on the Residence Law dated November 13, 2020;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

1. Amending and supplementing Clause 2 and Clause 3 of Article 3 as follows:

The Minister of Public Security issues this Circular to regulate the registration process for residence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for permanent residence registration, cancellation of permanent residence registration, household division, temporary residence registration, extension of temporary residence, cancellation of temporary residence registration, revocation of permanent residence registration, revocation of temporary residence registration, confirmation of residence information, declaration of residence information, adjustment of residence information in the Residence Database, notification of stay, declaration of temporary absence.

Article 2. Applicability

1. Local public security units.

2. People's Police officers.

3. Other agencies, organizations, and individuals related to residence registration.

Article 3. Principles for implementing the residence registration procedure

1. Adhere to the contents prescribed by the Law on Residence and this Circular.

2. The residence registration procedure shall be carried out through the software system for managing residence, documents, materials, forms, and registers regarding residence.

3. Create favorable conditions for citizens in residence registration. In cases where a person has multiple conditions for residence registration, the officer shall guide the citizen to submit the application under the most favorable condition for them.

4. The head of the agency responsible for residence registration may delegate authority to deputy heads to handle the residence registration procedure and confirm residence information (hereinafter referred to as the head of the agency responsible for residence registration). Delegation of authority to handle the residence registration procedure and confirm residence information must be conducted regularly and must be documented, specifying the scope, content, and duration of the delegation. The deputy head receiving delegated authority shall bear responsibility for handling residence registration and confirming residence information before the superior and the law. The person receiving delegated authority shall not further delegate or authorize any other person.

Article 4. Management and use of the residence management software in the residence registration process

1. The residence management software belongs to the software system of the Residence Database built, designed, and provided by the Ministry of Public Security for agencies responsible for residence registration to register residence, update, exploit, use, and manage information in the Residence Database. It operates through an internal network system and is secured with safety, security, and confidentiality during use.

2. The residence management software integrates digital signatures for officers and agencies responsible for managing residence to determine the legality of electronic documents and forms exchanged between agencies and units. Electronically signed documents must be received and processed according to the procedure to ensure timeliness, safety, confidentiality, reliability, and authenticity.

3. Digital signatures used in the residence management software are provided by the Ministry of Public Security to agencies responsible for managing residence and persons engaged in residence registration work, used to sign electronically on documents when performing residence registration procedures through the internal network system.

4. Prohibited acts when using the residence management software.

a) Using the residence management software for purposes outside the scope, functions, and tasks assigned.

b) Arbitrarily creating, erasing, modifying, or distorting the content of files and materials in the residence management software without approval from authorized leadership.

c) Illegally providing or sharing information about the residence management software.

Chapter II

PROCEDURE FOR RECEIVING APPLICATIONS AND VERIFICATION OF RESIDENCE INFORMATION

1. The staff member receiving the application shall check and compare the information declared by the citizen in the Application for Change of Residency Information with the information in the National Population Database.

In cases where the information is not available or does not match, the staff member receiving the application shall collect and update the information into the National Population Database in accordance with regulations.

2. Check the application against the legal provisions on residency and proceed as follows:

a) If the application is valid, it shall be accepted, a Receipt for Application Form printed and issued, and the receipt shall be signed, dated, and handed over to the citizen.

b) If the application meets the conditions but lacks forms, documents, or the declaration form is incorrect or incomplete, the staff member shall guide the applicant to supplement and complete the application according to regulations. If the citizen cannot immediately supplement and complete the application, the staff member shall prepare, print, sign, and hand over a Supplement and Completion Guidance Form to the citizen. After the citizen has supplemented the application completely, the application shall be accepted.

c) If the application does not meet the conditions, the staff member receiving the application shall prepare, print, sign, and hand over a Refusal to Accept and Process Application Form to the citizen, clearly stating the reasons for refusal.

1. Citizens' applications sent from the National Public Service Portal, Ministry of Public Security Public Service Portal, and Residency Management Public Service Portal shall be transferred to the residency management software system.

2. Upon receipt of the application, the staff member receiving the application shall select the application for processing.

3. Check the application and compare the information declared by the citizen on the National Public Service Portal, Ministry of Public Security Public Service Portal, and Residency Management Public Service Portal with the legal provisions on residency and proceed as follows:

a) If the application is valid, the staff member shall accept the application and notify the date for resolution.

b) If the application meets the conditions but lacks forms, documents, or the declaration form is incorrect or incomplete according to legal regulations, the staff member shall refuse to accept the application, clearly state the reason for non-acceptance, and guide the supplementation of the application.

c) If the application does not meet the conditions, the staff member shall refuse to accept the application, clearly stating the reason for non-acceptance.

Article 7. Verification of Residency

a) To serve the requirements of residency management and crime prevention;

b) To serve the collection, updating, and correction of citizen information in the National Population Database.

a) Sending, receiving, and responding to residency verification requests shall be carried out through the residency management software system, by mail within the People's Public Security or by dispatching staff members to conduct verification directly. The Verification Request Form for Residency Information shall not be given to citizens to conduct their own verification.

b) The agency receiving the verification request must check and compare the information to be verified with the citizen's information in the Residency Database, the archive of residency files, the archive of citizen identification cards (if deemed necessary), managed files, or cooperate and exchange with related units to respond to the verification request.

c) The Verification Request Form for Residency Information must be approved and signed by the head of the residency registration authority.

d) After receiving the Verification Request Form for Residency Information, the unit receiving the verification request must respond to the verification request; if multiple places or contents need to be verified, the maximum time limit for responding to the verification request shall not exceed three working days. For verification involving individuals without a permanent or temporary residence who declare residency information, the verification period shall be implemented in accordance with Article 19 of the Law on Residency.

4. Procedure for Conducting Verification and Responding to Residency Verification Requests

a) For public security units sending verification requests:

The registration staff prepares the Verification Request Form for Residency Information, which is then reviewed and signed by the head of the residency registration authority;

The head of the residency registration authority reviews and signs the Verification Request Form for Residency Information;

Transfers the Verification Request Form for Residency Information to the public security unit receiving the verification request.

b) For public security units receiving verification requests:

Receives the Verification Request Form for Residency Information;

The assigned staff conducts verification, proposes the head of the residency registration authority to review the content of the Verification Request Form for Residency Information;

The head of the residency registration authority reviews and signs the Verification Request Form for Residency Information;

Transfers the Verification Request Form for Residency Information to the public security unit sending the verification request.

c) The public security unit sending the verification request receives the verification results. Based on the verification results, they shall register and manage residency in accordance with regulations.

Chapter III

PROCEDURE FOR RESOLVING PERMANENT RESIDENCY REGISTRATION AND ISSUANCE OF RESIDENCY INFORMATION CONFIRMATION

Article 8. Procedure for Processing Permanent Registration

1. Handling of Documents

a) Within 01 day from the date of receiving the permanent registration application file, the registration officer shall propose the head of the registration authority to conduct verification in accordance with Article 7 of this Circular.

b) Based on the results of the verification

In case the application file meets the conditions for permanent registration, the registration officer shall prepare and sign the Proposal Form for Approval of the Application File, clearly stating the contents: date of receipt of the file, documents contained in the file, request for resolution, proposed opinion, and attach the documents contained in the file to report to the head of the registration authority for review and approval.

In case the application file does not meet the conditions for permanent registration, the registration officer shall prepare and sign the Refusal Form for Receiving and Resolving the Application File, clearly stating the reasons why it does not meet the conditions for permanent registration, and attach the documents contained in the file to report to the head of the registration authority for review and approval.

In case there are issues with the application file, the registration officer shall prepare and sign the Proposal Form for Approval of the Application File, clearly stating the proposed solution, and attach the documents contained in the file to propose to the head of the registration authority for consideration and decision.

2. Reviewing the Application File

Within 01 working day from the date of receiving the proposal from the registration officer, the head of the registration authority must review and approve the application file.

a) In case the application file meets the conditions for permanent registration, the head of the registration authority shall give an approval opinion, sign the Proposal Form for Approval of the Application File to update the result of the permanent registration resolution into the Population Registration Database.

b) In case the application file does not meet the conditions for permanent registration, the head of the registration authority shall give an opinion, sign the Refusal Form for Receiving and Resolving the Application File and return it to the registration officer to notify the citizen in accordance with regulations.

c) In case the application file has issues, the head of the registration authority shall provide a resolution opinion on the Proposal Form for Approval of the Application File.

Article 9. Procedure for Deleting Permanent Registration

1. Handling of Documents

a) Within 01 working day from the date of receiving the application file for deleting permanent registration for cases specified in points a, b, d, đ, e, g, h, i Clause 1 Article 24 of the Law on Residence, the registration officer shall propose the head of the registration authority to conduct verification in accordance with Article 7 of this Circular. Based on the results of the verification, the following actions shall be taken:

In case the application file meets the conditions for deleting permanent registration, the registration officer shall prepare and sign the Proposal Form for Approval of the Application File, clearly stating the contents: date of receipt of the file, documents contained in the file, request for resolution, proposed opinion, and attach the documents contained in the file to report to the head of the registration authority for review and approval.

In case the application file does not meet the conditions for deleting permanent registration, the registration officer shall prepare the Refusal Form for Receiving and Resolving the Application File, clearly stating the reasons why it does not meet the conditions for deleting permanent registration, and attach the documents contained in the file to report to the head of the registration authority for review and approval.

In case, within 07 days from the date the registration authority sends the notification about deleting permanent registration, the citizen or the representative of the household does not proceed with the deletion procedure, the registration officer shall prepare and sign the Proposal Form for Approval of the Application File, attach the record of non-compliance with the deletion procedure and the documents contained in the file to submit to the head of the registration authority for review and approval.

b) For the case of deleting permanent registration as stipulated in point c Clause 1 Article 24 of the Law on Residence, immediately upon receiving the Decision of the immediate superior leader regarding the cancellation of permanent registration or the registration authority directly issuing the Decision regarding the cancellation of permanent registration, the registration officer must prepare and sign the Proposal Form for Approval of the Application File, attach the Decision regarding the cancellation of permanent registration to submit to the head of the registration authority for approval.

2. Reviewing the Application File Within 01 working day from the date of receiving the Proposal Form for Approval of the Application File from the registration officer, the head of the registration authority must review the application file.

a) In case the application file meets the conditions for deleting permanent registration, the head of the registration authority shall give an approval opinion, sign the Proposal Form for Approval of the Application File to update the result of deleting permanent registration into the Population Registration Database.

b) In case the application file does not meet the conditions for deleting permanent registration, the head of the registration authority shall give an opinion, sign the Refusal Form for Receiving and Resolving the Application File and return it to the registration officer to notify the citizen in accordance with regulations.

Article 10. Procedure for Handling Household Splitting

1. Processing the file Within one working day from the date of receiving the household splitting file, the registration officer proposes to the head of the registration authority to conduct verification in accordance with Article 7 of this Circular. Based on the verification results, the following actions shall be taken:

a) In case the file meets the conditions for household splitting, the registration officer shall prepare and sign the Proposal for Approval of the File, clearly stating the date of receipt of the file, the documents contained in the file, the request for resolution, the proposed opinion, and attach the documents in the file to report to the head of the registration authority for review and approval.

b) In case the file does not meet the conditions for household splitting, the registration officer shall prepare and sign the Refusal Notice, clearly stating the reasons why the file does not meet the conditions for household splitting, and attach the documents in the file to report to the head of the registration authority for review and approval.

2. Reviewing the file Within one working day from the date of receiving the proposal from the registration officer, the head of the registration authority must review the file.

a) In case the file meets the conditions for household splitting, the head of the registration authority shall give an approval opinion, sign the Proposal for Approval of the File to update the household splitting result into the Population Registration Database.

b) In case the file does not meet the conditions for household splitting, the head of the registration authority shall give an opinion, sign the Refusal Notice, and return it to the registration officer to notify the citizen according to regulations.

Article 11. Procedure for Handling Information Adjustment in the Population Registration Database

1. Handling of Documents

a) Within half a working day from the date of receiving the file for adjusting information about residence as stipulated in points a and b Clause 1 Article 26 of the Law on Residence, the registration officer shall check the file. If necessary, they shall propose to the head of the registration authority to conduct verification in accordance with Article 7 of this Circular. Based on the checking and verification results, the following actions shall be taken:

In case the file meets the conditions for adjusting information about residence, the registration officer shall prepare and sign the Proposal for Approval of the File, clearly stating the date of receipt of the file, the documents contained in the file, the request for resolution, the proposed opinion, and attach the documents in the file to report to the head of the registration authority for review and approval.

In case the file does not meet the conditions for adjusting information about residence, the registration officer shall prepare and sign the Refusal Notice, clearly stating the reasons why the file does not meet the conditions for adjusting information about residence, and attach the documents in the file to report to the head of the registration authority for review and approval.

b) For cases of changing the place of residence due to administrative boundary adjustments as stipulated in point c Clause 1 Article 26 of the Law on Residence, the registration officer shall prepare and sign the Proposal for Approval of the File, and attach the documents regarding the adjustment of administrative boundaries, administrative units to submit to the head of the registration authority for approval.

2. Reviewing the file Immediately upon receiving the proposal from the registration officer, the head of the registration authority must review the file.

a) In case the file meets the conditions for adjusting information about residence, the head of the registration authority shall give an approval opinion, sign the Proposal for Approval of the File to update the result of adjusting information about residence into the Population Registration Database.

b) In case the file does not meet the conditions for adjusting information about residence, the head of the registration authority shall give an opinion, sign the Refusal Notice, and return it to the registration officer to notify the citizen according to regulations.

Article 12. Procedure for Issuing Confirmation of Residency Information

1. Processing the File Upon receiving the request to confirm residency information, the registration officer shall check the file as follows:

a) In cases where citizens request confirmation of information included in the National Population Database, the registration officer shall extract citizen information, prepare the Confirmation of Residency Information, and submit it along with relevant documents in the application file to the head of the residency registration agency for review.

b) In cases where citizens request confirmation of information not included in the National Population Database, the registration officer shall report the application to the head of the residency registration agency to verify according to the provisions of Article 7 of this Circular. Based on the verification results, the following actions will be taken:

If the conditions for issuing the Confirmation of Residency Information are met, the registration officer shall prepare the Confirmation of Residency Information and submit it along with relevant documents to the head of the residency registration agency for review.

If the conditions for confirming residency information are not met, the registration officer shall prepare and sign the Refusal Notice for Receiving and Processing the File, clearly stating the reasons for not issuing the Confirmation of Residency Information, and submit it along with relevant documents in the file to the head of the residency registration agency for review.

2. Reviewing the file Within one working day from the date of receiving the proposal from the registration officer, the head of the registration authority must review the file.

a) In cases where the file meets the conditions for issuing the Confirmation of Residency Information, the approval opinion shall be given, the Confirmation of Residency Information signed, and the result notified to the citizen according to regulations.

b) In cases where the conditions for issuing the Confirmation of Residency Information are not met, the refusal opinion shall be given, the Refusal Notice for Receiving and Processing the File signed, and the result notified to the citizen according to regulations.

Article 13. Transfer of Files to the Archive of Residency Registration Files

Within five working days from the date of processing permanent residency registration, permanent residency cancellation, household division, or information adjustment in the Residency Database, the registration officer must transfer the files to the archive of residency registration files for storage and management according to regulations.

Chapter IV

PROCEDURE FOR PROCESSING TEMPORARY RESIDENCY REGISTRATION, EXTENSION OF TEMPORARY RESIDENCY, NOTIFICATION OF RESIDENCE, AND REPORTING OF SHORT-TERM ABSENCE

Article 14. Procedure for Processing Temporary Residency Registration and Extension of Temporary Residency

1. Processing the File Within half a day from the date of receiving the temporary residency registration or extension of temporary residency file, the registration officer shall propose the head of the residency registration agency to verify according to the provisions of Article 7 of this Circular. Based on the verification results, the following actions will be taken:

a) In cases where the file meets the conditions for temporary residency registration or extension of temporary residency, the registration officer shall prepare and sign the Approval Notice for the File, clearly stating the date and time of receipt of the file, contents of the documents in the file, requests for resolution, proposed opinions, and submit it along with relevant documents in the file to the head of the residency registration agency for review.

b) In cases where the file does not meet the conditions for temporary residency registration or extension of temporary residency, the registration officer shall prepare and sign the Refusal Notice for Receiving and Processing the File, clearly stating the reasons for not meeting the conditions for temporary residency registration or extension of temporary residency, and submit it along with relevant documents in the file to the head of the residency registration agency for review.

c) In cases where there are issues with the file, the registration officer shall prepare and sign the Approval Notice for the File, clearly stating the proposed solution for resolution, and submit it to the head of the residency registration agency for consideration and decision.

2. Reviewing the file Immediately upon receiving the proposal from the registration officer, the head of the registration authority must review the file.

a) In cases where the file meets the conditions for temporary residency registration or extension of temporary residency, the approval opinion shall be given, the Approval Notice for the File signed, and the result updated in the Residency Database.

b) In cases where the conditions for temporary residency registration or extension of temporary residency are not met, the refusal opinion shall be given, the Refusal Notice for Receiving and Processing the File signed, and the result returned to the registration officer to notify the citizen according to regulations.

c) In case the application file has issues, the head of the registration authority shall provide a resolution opinion on the Proposal Form for Approval of the Application File.

Article 15. Procedure for Deleting Temporary Residence Registration

1. Handling of Documents

a) Within 01 working day from the date of receiving the application file for deleting temporary residence registration as stipulated at points a, c, d, đ, e, g, h, Clause 1, Article 29 of the Law on Household Registration, the registration officer proposes to the head of the household registration agency to conduct verification in accordance with Article 7 of this Circular. Based on the results of the verification, proceed as follows:

In case the application file meets the conditions for deleting temporary residence registration, the registration officer shall prepare and sign the Application Form for Approval of the File, clearly stating the content: date of receipt of the file, documents contained in the file, request for resolution, proposed opinion, and attach the documents contained in the file to report to the head of the household registration agency for review and approval.

In case the application file does not meet the conditions for deleting temporary residence registration, the registration officer shall prepare and sign the Refusal Notice for Receiving and Processing the File, clearly stating the reasons why it does not meet the conditions for deleting temporary residence registration, and attach the documents contained in the file to report to the head of the household registration agency for review and approval.

In case, within 07 days from the date the household registration agency sends the notification about deleting temporary residence registration, the citizen or the representative of the household does not come to complete the deletion procedure, the registration officer shall prepare and sign the Application Form for Approval of the File, attaching the record of non-completion of the deletion procedure and the documents contained in the file to submit to the head of the household registration agency for review and approval.

b) For cases of deleting temporary residence registration as stipulated at point b, Clause 1, Article 29 of the Law on Household Registration, immediately upon receiving the Decision of the immediate superior authority regarding the cancellation of temporary residence registration or the household registration agency directly issuing the Decision regarding the cancellation of temporary residence registration, the registration officer must prepare and sign the Application Form for Approval of the File, attaching the Decision regarding the cancellation of temporary residence registration to submit to the head of the household registration agency for approval.

2. Reviewing the File Within 01 working day from the date of receiving the Application Form for Approval of the File from the registration officer, the head of the household registration agency must review and approve the file.

a) In case the file meets the conditions for deleting temporary residence registration, give an approval opinion, sign the Application Form for Approval of the File to update the result of deleting temporary residence registration into the Database on Household Registration.

b) In case the file does not meet the conditions for deleting temporary residence registration, give an opinion, sign the Refusal Notice for Receiving and Processing the File and return it to the registration officer to notify the citizen according to regulations.

Article 16. Procedure for Accepting Notification of Stay

1. In case of accepting the notification of stay directly, by phone, via the Internet or computer network: the reception officer checks the information and enters the information of the person staying into the household registration management software - accommodation subsystem, then records the receipt number.

Article 17. Procedure for Accepting Temporary Absence Declarations

1. Receiving Temporary Absence Declaration Files Directly at the Registration Authority

a) Processing the File: Immediately upon receiving the temporary absence declaration file, the registration officer shall check the file. If necessary, they shall propose to the head of the registration authority to verify according to the provisions of Article 7 of this Circular and proceed as follows:

In case the file meets the conditions for temporary absence, the registration officer shall prepare, sign the Temporary Absence Declaration Form, attach all documents in the file, and submit them to the head of the registration authority for review and approval.

In case the file does not meet the conditions for temporary absence, the registration officer shall prepare, sign the Refusal to Accept and Process the File Form, clearly stating the reasons why it does not meet the conditions for temporary absence, attach all documents in the file, and submit them to the head of the registration authority for review and approval.

b) Reviewing the File: Immediately upon receiving the proposal from the registration officer, the head of the registration authority must review the file.

In case the file meets the conditions for temporary absence, they shall give their approval, sign the Temporary Absence Declaration Form, and return it to the registration officer to be handed over to the citizen according to regulations.

In case the file does not meet the conditions for temporary absence, they shall give their opinion, sign the Refusal to Accept and Process the File Form, and return it to the registration officer to notify the citizen according to regulations.

a) Processing the File: Immediately upon receiving the temporary absence declaration information, the reception officer shall prepare the Temporary Absence Declaration Form and submit it to the head of the registration authority for approval and signature.

b) Reviewing the File: Immediately upon receiving the proposal from the registration officer, the head of the registration authority must approve and sign the Temporary Absence Declaration Form to update the citizen's temporary absence status in the Resident Database.

Article 18. Procedure for Accepting Declarations of Information about Residence of Persons without a Permanent or Temporary Place of Residence

1. Handling of Documents

a) Within 01 day from the date of receiving the file declaring information about residence of persons without a permanent or temporary place of residence, the registration officer shall propose to the head of the registration authority to verify according to the provisions of Article 7 of this Circular.

b) Based on the verification results, the registration officer shall prepare, sign the Proposal for Approval of the File Form, clearly stating the content: date, month, year of receipt of the file, documents in the file, request for resolution, proposed opinion, and submit the documents in the file along with a report to the head of the registration authority for review and approval.

2. Reviewing the File: Within 01 working day from the date of receiving the proposal from the registration officer, the head of the registration authority must approve and sign the Proposal for Approval of the File Form to update the current place of residence information of the citizen in the Resident Database.

Chapter V

PROCEDURE FOR CANCELLING REGISTRATION OF PERMANENT RESIDENCE AND TEMPORARY RESIDENCE

Article 19. Revocation of Permanent Residence Registration

1. For the Direct Superior Authority of the Residency Registration Authority

a) The head of the direct superior authority of the residency registration authority issues a Decision on revoking the permanent residence registration result.

b) Notify and send the Decision on revoking the permanent residence registration result to the residency registration authority for implementation of cancellation of permanent residence registration.

2. For the Residency Registration Authority

a) Within 01 working day from the date of receipt of the Decision on revoking permanent residence registration from the superior authority or the Residency Registration Authority directly issues a Decision on revoking permanent residence registration, the Residency Registration Authority shall implement the cancellation of permanent residence registration in accordance with Article 9 of this Circular.

b) Notify in writing to the citizen and guide the citizen to register permanent residence at their current place of residence.

Article 20. Revocation of Temporary Residence Registration

1. For the Direct Superior Authority of the Residency Registration Authority

a) The head of the direct superior authority of the residency registration authority issues a Decision on revoking the temporary residence registration result.

b) Notify and send the Decision on revoking the temporary residence registration result to the residency registration authority for implementation of cancellation of temporary residence registration.

2. For the Residency Registration Authority

a) Within 01 working day from the date of receipt of the Decision on revoking temporary residence registration from the superior authority or the Residency Registration Authority directly issues a Decision on revoking temporary residence registration, the Residency Registration Authority shall implement the cancellation of temporary residence registration in accordance with Article 15 of this Circular.

b) Notify in writing to the citizen and guide the citizen to register temporary residence at their current place of residence.

Chapter VI

IMPLEMENTATION

Article 21. Effective Date

This Circular takes effect from July 1, 2021 and replaces Circular No. 61/2014/TT-BCA dated November 20, 2014 of the Minister of Public Security on procedures for residency registration.

Article 22. Responsibility for enforcement

1. The Director of the Administrative Police Management Bureau is responsible for monitoring, guiding, urging, and inspecting the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, and Chief of Police of centrally governed cities are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Administrative Police Management Bureau) for timely guidance./.