Decree No. 62/2021/NĐ-CP detailing certain provisions of the Law on Residence

DECREE
Detailed regulations on certain provisions of the Law on Residence

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Based on the Residence Law dated November 13, 2020;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Law on Residence.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Law on Residence concerning:

1. Place of residence of persons living, persons engaged in itinerant occupations on ships, boats, or other means of transport capable of movement.

2. Place of residence of persons without a permanent place of residence or temporary place of residence.

3. Types of documents and materials proving lawful place of stay, documents and materials proving kinship relations.

4. Documents and procedures for deregistering permanent residence registration.

5. Documents and procedures for deregistering temporary residence registration.

6. Construction, management, and use of the Population Registration Database, information within the Population Registration Database, and the provision and exchange of information and documents from the Population Registration Database to agencies, organizations, and individuals.

Article 2. Applicability

This Decree applies to agencies, organizations, and Vietnamese citizens within the territory of the Socialist Republic of Vietnam.

Chapter II

PLACE OF RESIDENCE, REGISTRATION OF PERMANENT RESIDENCE, REGISTRATION OF TEMPORARY RESIDENCE

Article 3. Place of residence of persons living, persons engaged in itinerant occupations on ships, boats, or other means of transport capable of movement and used for habitation (hereinafter referred to collectively as means of transport)

1. The place of residence of persons living or working on vessels or other movable means of transport capable of movement (hereinafter referred to collectively as means of transport) is the place where the means of transport is registered or where the means of transport usually docks or parks (if the means of transport is not required to be registered or if its registered place does not coincide with its usual docking or parking place), except in cases where another place of residence has been registered according to the provisions of the Law on Residence.

2. The usual docking or parking place of the means of transport is the actual location permitted for docking or parking that the means of transport docks or parks at most frequently over a continuous period of twelve months, as determined by the owner of the means of transport and registered with the People's Committee of the commune or the People's Committee of the district without a commune-level administrative unit at the location where the means of transport docks or parks.

3. The documents for registering the usual docking or parking place of the means of transport include:

a) A confirmation form for registering the usual docking or parking place of the means of transport according to the model attached to this Decree;

b) Citizen Identity Card or Resident Identity Card, Passport still valid of the owner of the means of transport;

c) Certificate of registration and inspection for the means of transport that must be registered and inspected. In case the means of transport does not need to be registered or inspected, there must be a confirmation from the People's Committee of the commune or the People's Committee of the district without a commune-level administrative unit regarding the use of the means of transport for residential purposes;

d) Lease contract for the dock or parking lot for the means of transport (if applicable).

Citizens may provide certified copies or original documents accompanied by copies for the receiving unit to check and compare.

4. Within two working days from the date of receipt of all documents as stipulated in Clause 3 of this Article, the People's Committee of the commune or the People's Committee of the district without a commune-level administrative unit shall examine and confirm the Confirmation Form for Registering the Usual Docking or Parking Place of the Means of Transport for the owner of the means of transport.

5. The owner of the means of transport uses the Confirmation Form for Registering the Usual Docking or Parking Place of the Means of Transport confirmed by the People's Committee of the commune or the People's Committee of the district without a commune-level administrative unit to register permanent or temporary residence for themselves or others living or working on the means of transport if they have no other permanent or temporary residence.

6. If the owner of the means of transport changes the usual docking or parking place of the means of transport, they must re-register the usual docking or parking place according to the provisions of this Article and register new permanent or temporary residence according to the provisions of the Law on Residence.

Article 4. Place of residence of persons without a permanent place of residence or temporary place of residence

1. Persons without permanent or temporary residence must immediately report their residence information to the registration authority at their current place of stay.

In case of discovering through inspection and review that a person falls under the category requiring reporting of residence information, the registration authority shall guide and request such citizens to report. Within thirty days from the date the registration authority requests the citizen to report residence information, the citizen must report to the registration authority.

2. The registration authority checks and verifies the personal information of citizens who have reported through exchanges and obtaining information from the citizen's parents, siblings, or other close relatives; when necessary, it may issue a written request to relevant agencies or organizations to check, verify, and provide information.

If, upon checking and verifying, it is determined that the reported information of the citizen is inaccurate, the registration authority shall request the citizen to report again for rechecking and verification if deemed necessary. The time limit for rechecking and verification is calculated as the initial time limit for checking and verification.

After checking and verifying, if it is determined that the person reporting is a Vietnamese citizen and the reported information is accurate, the registration authority shall carry out the necessary procedures for the national population database management agency to establish and assign a unique identification number to the citizen if they do not already have one. The registration authority is responsible for updating the citizen's information in the Population Registration Database and issuing a confirmation of residence information to the citizen.

3. The contents of the confirmation of residence information include basic information about the citizen: surname, middle name, given name, unique identification number; date of birth; gender; nationality; ethnicity; religion; place of origin; current place of residence; date of reporting residence.

4. Persons who have been issued a confirmation of residence information are responsible for registering permanent or temporary residence immediately when they meet the conditions stipulated by the Law on Residence; in cases where they do not yet meet the conditions for registering permanent or temporary residence but have changes in personal information, they must report again to the police station of the commune that issued the confirmation to review and update personal information in the national population database and the Population Registration Database.

5. The People's Committee of the commune bases on the confirmation of residence information of the citizen and the citizen's information in the national population database to update household registration information and issue related personal documents for the citizen within their jurisdiction.

Article 5. Documents and materials proving lawful place of residence

1. Citizens when registering their place of residence must prove their lawful place of residence with one of the following types of documents or materials:

a) Documents or materials certifying land use rights, ownership of houses or assets attached to land issued by competent authorities (including information about housing);

b) Construction permit in accordance with laws on construction (for cases where construction projects require a construction permit and have been completed);

c) Purchase and sale contract for state-owned housing or documents regarding the liquidation price of state-owned housing;

d) Contract for purchasing housing or documents proving the handover and acceptance of housing from enterprises with the function of developing housing for sale;

đ) Documents on purchasing, buying on installment, receiving gifts, inheritance, capital contribution, exchange of residential buildings in accordance with laws on land and housing;

e) Documents on gifting patriotic houses, charitable houses, solidarity houses, provision of residential buildings and residential land to individuals and households;

g) Court documents or administrative documents of competent authorities confirming the right to own housing that has taken legal effect;

h) Documents confirmed by the People's Committee of communes or districts where there is no commune-level administrative unit regarding housing and residential land without disputes over ownership of housing and land use rights if none of the above documents are available;

i) Documents proving registration and inspection of vehicles under ownership. In cases where vehicles do not need to be registered or inspected, confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit regarding the use of the vehicle for residence; Confirmation of the regular parking location of the vehicle if the place of residence registration is not the vehicle registration location or the vehicle does not need to be registered or inspected;

k) Documents and materials proving the leasing, lending, or allowing to reside in a lawful place of residence are lease, loan, or allow-to-reside documents issued by organizations, agencies, or individuals in compliance with laws on land and housing;

l) Documents from organizations or agencies signed and stamped by the head of the organization or agency proving the allocation, use, transfer of housing, or housing established on land allocated by the organization or agency for housing (for housing and land within the management authority of the organization or agency);

2. In cases where citizens register permanent residence at a place of residence rented, borrowed, or allowed to reside according to Clause 3, Article 20 of the Law on Residence Registration, they must also provide documents or materials proving sufficient housing area for permanent residence registration as prescribed;

Documents and materials proving sufficient housing area for permanent residence registration include: Land use right certificates, housing ownership certificates showing information about the current housing area being used or confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit regarding the average area conditions meeting the regulations of the Provincial People's Councils or the People's Councils of centrally-administered cities;

3. In cases where information proving the citizen's lawful place of residence is already available in specialized databases connected and shared with the residence registration authority, the residence registration authority will check and verify it themselves, without requiring citizens to provide proof documents;

Article 6. Documents and materials proving kinship relations

1. Documents and materials proving kinship relations as prescribed in point a, Clause 2, Article 20 of the Law on Residence Registration, including:

a) Documents and materials to prove spousal relationship: Marriage certificate; confirmation of marital status; confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence;

b) Documents and materials to prove parent-child relationship: Birth certificate; certification or decision on adoption; decision on recognizing parent-child relationship; confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence; Passport still valid containing information indicating parent-child relationship; court decisions, extracts from household registers, or documents from health agencies, forensic agencies, or other competent authorities confirming parent-child relationship;

2. Documents and materials proving kinship relations as prescribed in points b and c, Clause 2, Article 20 of the Law on Residence Registration, including:

a) Documents and materials to prove blood sibling relationship, direct descendant relationship: Birth certificate, confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence;

b) Documents and materials proving kinship relations such as great-grandparents, grandparents, aunts, uncles, guardians: Decision appointing a guardian; confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence regarding kinship relations;

c) Documents and materials proving the absence of parents: Death certificate of parents or court decisions declaring parents missing or deceased, confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence regarding the death of parents;

d) Documents proving elderly persons: Birth certificate, Citizen Identity Card or Identity Card, Passport; Social Insurance Booklet, Health Insurance Card or confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence regarding date of birth;

đ) Documents proving severely disabled persons, disabled persons, persons unable to work, persons suffering from mental illness or other diseases causing loss of cognitive ability and control over behavior: Certification from medical facilities at district level or higher or confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence;

e) Documents proving minors include: Birth certificate, Citizen Identity Card or Identity Card, Passport, Social Insurance Booklet, Health Insurance Card or confirmation from the People's Committee of communes or districts where there is no commune-level administrative unit in the place of residence regarding date of birth.

3. In cases where information proving kinship relations of citizens already exists in the National Population Database or specialized databases, the residence registration authority shall not require citizens to provide proof of kinship relations.

Article 7. Documents and Procedures for Deletion of Permanent Residence Registration

1. Within one day from the date of receipt of the decision by the immediate superior authority to cancel the permanent residence registration, or immediately after issuing the decision to cancel the permanent residence registration for a citizen, the residence registration authority shall carry out the deletion of the permanent residence registration for the citizen and update the deletion of the permanent residence registration in the National Population Database and the Residence Database.

2. Except for the case provided for in Clause 1 of this Article, within seven days from the date when the household has a member subject to deletion of permanent residence registration, the member subject to deletion of permanent residence registration or the representative of the household shall be responsible for submitting the documents to process the deletion of permanent residence registration to the residence registration authority. The documents for deletion of permanent residence registration include: the application form for change of residence information and supporting documents proving one of the cases for deletion of permanent residence registration.

3. The agency or unit managing individuals studying, working, or employed in the People's Armed Forces shall issue a request to the residence registration authority in the area of deployment to delete the permanent residence registration for individuals under their management. The request must clearly state the surname, middle name, and given name at birth; the Citizen Identity Card number or the ID card number of the individual whose permanent residence registration needs to be deleted; and the reasons for requesting the deletion of the permanent residence registration.

4. Within five working days from the date of receipt of valid documents, the residence registration authority must delete the permanent residence registration for the citizen and update the deletion of the permanent residence registration in the National Population Database and the Residence Database.

5. The residence registration authority shall carry out the deletion of the permanent residence registration for the citizen upon discovering that the citizen falls under one of the cases for deletion of permanent residence registration. Prior to carrying out the deletion of the permanent residence registration, the residence registration authority shall notify the citizen or the representative of the household about the deletion of the permanent residence registration so they can submit the documents to process the deletion of permanent residence registration according to Clause 2 of this Article.

If more than seven days have passed since the residence registration authority notified the individual subject to deletion of permanent residence registration or the representative of the household and they have not submitted the documents to process the deletion of permanent residence registration, the residence registration authority shall proceed to prepare a record of the citizen or the representative of the household failing to submit the documents to process the deletion of permanent residence registration and then carry out the deletion of the permanent residence registration for the citizen. The residence registration authority shall notify the citizen or the head of the household in writing about the deletion of the permanent residence registration after it has been carried out.

Article 8. Documents and Procedures for Deletion of Temporary Residence Registration

1. Within one day from the date of receipt of the decision by the immediate superior authority to cancel the temporary residence registration, or immediately after issuing the decision to cancel the temporary residence registration for a citizen, the residence registration authority shall carry out the deletion of the temporary residence registration for the citizen and update the deletion of the temporary residence registration in the National Population Database and the Residence Database.

2. Except for the case provided for in Clause 1 of this Article, within seven days from the date when the household has a member subject to deletion of temporary residence registration, the member subject to deletion of temporary residence registration or the representative of the household shall be responsible for submitting the documents to process the deletion of temporary residence registration to the residence registration authority. The documents for deletion of temporary residence registration include: the application form for change of residence information and supporting documents proving one of the cases for deletion of temporary residence registration.

3. The agency or unit managing individuals studying, working, or employed in the People's Armed Forces shall issue a request to the residence registration authority in the area of deployment to delete the temporary residence registration for individuals under their management. The request must clearly state the surname, middle name, and given name at birth; the Citizen Identity Card number or the ID card number of the individual whose temporary residence registration needs to be deleted; and the reasons for requesting the deletion of the temporary residence registration.

4. Within two working days from the date of receipt of valid documents, the residence registration authority must delete the temporary residence registration for the citizen and update the deletion of the temporary residence registration in the National Population Database and the Residence Database.

5. The residence registration authority shall carry out the deletion of the temporary residence registration for the citizen upon discovering that the citizen falls under one of the cases for deletion of temporary residence registration. Prior to carrying out the deletion of the temporary residence registration, the residence registration authority shall notify the citizen or the representative of the household about the deletion of the temporary residence registration so they can submit the documents to process the deletion of temporary residence registration according to Clause 2 of this Article.

If more than seven days have passed since the residence registration authority notified the individual subject to deletion of temporary residence registration or the representative of the household and they have not submitted the documents to process the deletion of temporary residence registration, the residence registration authority shall proceed to prepare a record of the citizen or the representative of the household failing to submit the documents to process the deletion of temporary residence registration and then carry out the deletion of the temporary residence registration for the citizen. The residence registration authority shall notify the citizen or the head of the household in writing about the deletion of the temporary residence registration after it has been carried out.

Chapter III

RESIDENTIAL DATABASE

Article 9. Information in the Database on Residence of Citizens

The information in the Residential Database of citizens includes:

1. Residence file number.

2. Place of permanent residence, time of starting to reside permanently; reason, time of deleting registration of permanent residence.

3. Place of temporary residence, time of starting to reside temporarily, duration of temporary residence; reason, time of deleting registration of temporary residence.

4. Status of declaration of temporary absence, duration of temporary absence.

5. Current place of residence, time of starting to reside at current place.

6. Place of stay, duration of stay.

7. Surname, middle name, given name, personal identification number or citizen identity card number of the household head and other members of the household.

8. Relationship with the household head.

9. Personal identification number.

10. Surname, middle name, and date of birth name.

11. Date, month, year of birth.

12. Gender.

13. Place of birth registration.

14. Native place.

15. Ethnicity.

16. Religion.

17. Nationality.

18. Marital status.

19. Blood type, when the citizen requests to update and presents a conclusion from a blood group testing examination.

20. Surname, middle name, given name, personal identification number or citizen identity card number, nationality of father, mother, spouse or legal representative.

21. Date, month, year of death or disappearance.

22. Citizen identity card number, date, month, year and place of issuance of the citizen identity card; number, date, month, year and place of issuance of the citizen’s identification card.

23. Other names.

24. Occupation (excluding the People's Armed Forces).

25. Criminal record.

26. Disciplinary record.

27. Preventive measures applied.

28. Guardian.

29. Contact information (telephone number, fax, email, address).

30. Number, name of authority issuing, date, month, year of issuance of documents for granting Vietnamese citizenship, revoking Vietnamese citizenship, depriving Vietnamese citizenship, and revoking decisions to grant Vietnamese citizenship.

31. Number, date, month, year, authority issuing the arrest warrant.

32. Other information about citizens integrated and shared from other databases.

Article 10. The System of the Database on Residence

1. The Database on Residence system managed by the Ministry of Public Security is connected uniformly and synchronously to provincial public security agencies, district public security agencies, and communal public security agencies.

2. Building the Database on Residence includes the following activities:

a) Arranging floor space, constructing works, installing machinery and equipment;

b) Equipping necessary facilities;

c) Upgrading network infrastructure;

d) Organizing the database; developing management software, registration of residence;

d) Collecting, standardizing, and entering data;

e) Storing, backing up, synchronizing the system, recovering data; ensuring security, safety of information in the Database;

g) Training, instructing, enhancing staff managing and operating the database;

h) Operating, adjusting, maintaining, servicing the Database;

i) Other activities as prescribed by law.

Article 11. Sources of Information, Requirements, Order of Collecting and Updating Information about Citizens into the Database on Residence

1. Information about citizens is collected and updated into the Database on Residence from the following sources:

a) National Population Database, Citizen Identity Card Database, Electronic Household Registration Database, national databases, and specialized databases shared with the Database on Residence;

b) Documents, records, books on registration and management of residence; archives of household registration files, registration and management files; archives of citizen identity cards; household registration documents.

2. Collection and updating of information about citizens into the Database on Residence must meet the following requirements:

a) Information about citizens can only be collected and updated into the Database on Residence after verifying that such information is accurate;

b) In cases where information about citizens is collected and updated from multiple sources and is inconsistent, when collecting and updating such information, the communal public security agency, district public security agency without a communal administrative unit shall coordinate with the household registration authority, relevant agencies, or citizens to verify the legality of such information and bear responsibility for the content before collecting and updating into the Database on Residence;

c) Citizen information already collected and updated into the Residence Database must be fully stored, reflecting the historical process of updates, changes, and adjustments.

3. Information about citizens is collected and updated into the Database on Residence in the following order:

a) Information about citizens is collected and updated from the National Population Database, Citizen Identity Card Database, documents, records, books on registration and management of residence; archives of household registration files, registration and management files; archives of citizen identity cards;

b) If the sources collected under point a of this clause are not available or incomplete, then collect and update from the Household Registration Database, household registration documents, national databases, and specialized databases shared with the Database on Residence.

Article 12. Updating and Amending Information about Citizens in the Residence Database

1. The police station of the commune or the police station of the district without a commune-level administrative unit shall be responsible for organizing the updating of information on residence registration of citizens residing permanently and temporarily within their jurisdiction into the Residence Database and the National Population Database.

2. Amending information about citizens in the Residence Database refers to adjusting information of citizens when there is a change or error in the process of collecting, updating, and managing information about citizens in the database.

3. Principles for amending information about citizens:

a) Information about citizens can only be amended when changes or errors are discovered during the collection, updating, and management of information about citizens in the Residence Database;

b) There must be a written document from the competent authority regarding the change of citizen information related to the information in the Residence Database;

c) Only persons authorized under Clause 4 of this Article may be permitted to amend information about citizens.

4. The head of the police station of the commune or the head of the police station of the district without a commune-level administrative unit shall be responsible for checking the legality and accuracy of the information before amending information in the Residence Database, deciding on the amendment of citizen information in the database, and bearing responsibility for such amendments.

Article 13. Connecting, Sharing, Providing, and Exchanging Information and Documents in the Residence Database

1. The Residence Database is connected and shared with the National Population Database and the Citizen Identity Card Database based on the individual identification number of citizens. According to the individual identification number, the information of citizens in the Residence Database is shared with the National Population Database including:

a) Place of permanent residence;

b) Place of temporary residence;

c) Temporary absence declaration status;

d) Current place of residence;

d) Surname, middle name, given name, individual identification number, or ID card number of the household head and other members of the household;

e) Relationship with the household head.

2. The Residence Database is connected and shared with other databases at the discretion of the Minister of Public Security based on the proposal of the managing agency of that database.

The agency proposing to connect and share the Residence Database must submit a written request to the Ministry of Public Security, clearly stating its functions, tasks, authorities granted, scope, purpose, and information to be shared.

3. Cases where information and documents in the Residence Database are provided and exchanged:

a) Judicial agencies are provided and exchange information and documents in the Residence Database to serve investigative, prosecution, and trial activities;

b) Specialized database management agencies, state agencies, political organizations, and political-social organizations are provided and exchange information and documents in the Residence Database to serve their assigned functions, tasks, and authorities;

c) Citizens are provided and exchange their own information in the Residence Database;

d) Agencies, organizations, and citizens not covered by points a, b, and c of this clause who need to provide and exchange information and documents in the Residence Database of other citizens must obtain written consent with notarization or certification from those citizens and permission from the head of the police station of the commune or the head of the police station of the district without a commune-level administrative unit at the place where those citizens have registered their permanent or temporary residence.

4. Procedures for providing and exchanging information and documents in the Residence Database:

a) Agencies, organizations, and individuals falling under the cases stipulated in Clause 3 of this Article who need to provide and exchange information and documents in the Residence Database must submit a written request clearly stating the purpose and content of the information to be provided. In the case stipulated in point d of Clause 3 of this Article, they must also provide a written consent with notarization or certification from the citizen whose information is requested;

b) Within two working days from the date of receipt of the request for information provision, the head of the police station of the commune or the head of the police station of the district without a commune-level administrative unit at the place where the citizen whose information is requested has registered their permanent or temporary residence shall examine and decide to allow the provision and exchange of information and documents in the Residence Database. If the request for information provision is denied, it must be replied in writing to the requesting agency, organization, or individual, clearly stating the reasons.

Article 14. Use, backup, and recovery of residence data

1. The use of citizen information in the Residence Database must ensure state secrecy, personal privacy, family privacy, and the private life of citizens. Agencies, organizations, and individuals use citizen residence information to perform their functions, tasks, and authorities assigned or to handle administrative procedures.

2. Backing up residence data is a regular task of the agency managing the residence database to ensure the integrity of residence data on the system.

3. Recovery of residence data is the process of restoring data to the point before it was damaged, malfunctioned, or improperly adjusted. Residence data is recovered when it is destroyed, subjected to cyber attacks, or accessed illegally.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Decree takes effect from July 1, 2021, and replaces Decree No. 31/2014/NĐ-CP dated April 18, 2014, detailing certain provisions and measures for implementing the Law on Residence.

Article 16. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.