Decision No. 702/2007/QĐ-BCA-C11 On Issuing the Procedure for Permanent Residence Registration, Temporary Residence Registration, and Reception of Stay Notification

Pursuant to …;

Regarding the issuance of the Registration Procedure for Permanent Residence, Temporary Residence Registration, and Notification of Stay Reception

Regarding the Registration Procedure for Permanent Residence, Temporary Residence Registration, and Notification of Stay Reception

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THE MINISTER OF PUBLIC SECURITY

Pursuant to Article 33 of the Law on Household Registration dated November 29, 2006;

Pursuant to Decree No. 136/2003/NĐ-CP dated November 14, 2003 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Directive No. 07/2007/CT-TTg dated March 29, 2007 of the Prime Minister on organizing the implementation of the Law on Household Registration;

Considering the proposal of the Director General of the Police General Corps,

DECISION:

Article 1. This Decision promulgates the "Registration Procedure for Permanent Residence, Temporary Residence Registration, and Notification of Stay Reception."

Article 2. This Decision takes effect from July 20, 2007.

Article 3. Directors of all General Corps, Heads of units directly under the Minister, Provincial Police Chiefs, and Chief of Police of centrally governed cities are responsible for implementing this Decision.

PROCEDURE

Registration for Permanent Residence, Temporary Residence Registration, and Notification of Stay Reception

(Issued together with Decision No. 702/2007/QĐ-BCA-C11 dated July 1, 2007)

of the Minister of Public Security)

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Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This procedure specifies the procedures for registering permanent residence, temporary residence registration, and receiving notifications of stay.

Article 2. Applicability

This procedure applies to agencies and individuals engaged in permanent residence registration, temporary residence registration, and receiving notifications of stay.

Article 3. Principles of Implementation

1. Strictly comply with the contents stipulated in the Law on Household Registration, guiding legal documents for the implementation of the Law on Household Registration, and this procedure.

2. Create the most favorable conditions for individuals coming to handle registration procedures. In cases where an individual meets the conditions for permanent residence registration, they shall be guided to submit their application according to the most favorable conditions for them.

3. Individuals engaged in permanent residence registration, temporary residence registration (hereinafter referred to as registration officers) shall bear personal responsibility for providing guidance, responding to citizens' inquiries, or decisions made by themselves.

Chapter 2.

REGISTRATION PROCEDURE FOR PERMANENT RESIDENCE

In cases where it is not possible to collect all ten fingerprints of the citizen, describe and enter information about the uncollectable fingerprints.

The procedure for accepting applications for permanent residence registration is uniformly applied to police departments at districts, counties, towns under centrally governed cities; towns, cities under provinces (hereinafter referred to as police departments at county level) and police stations in communes, wards under provinces. Registration officers must examine the application files, compare them with the regulations of the household registration law, and proceed as follows:

1. In cases where the application file meets the conditions and procedures (hereinafter referred to as valid application file)

- Accept the application file and record it in the household registration tracking book (according to the prescribed model).

- Issue a receipt for the application file containing the following basic information: name, position, working unit of the person receiving the file; documents and materials in the file, time to deliver the result to the citizen.

2. In cases where the application file meets the conditions but lacks procedures or forms, or the declaration is incorrect, guide the applicant in writing to supplement the procedures, re-declare the forms and documents, and provide necessary information. After supplementing the procedures and accurately declaring the forms and documents, follow the guidelines set out in Clause 1 of this Article.

3. In cases where the application does not meet the conditions for permanent residence registration, do not accept the application file and explain the reasons in writing so that the applicant understands.

Article 5. Examination and Resolution of Permanent Residence Registration Application Files by County-Level Police Departments

1. Within two working days from the date of receiving the application file, registration officers must study and examine the application file and proceed as follows:

a) In cases where the application file is valid

- Record on the photocopies of the documents and materials (no need for certification or authentication) that they have been compared with the original and sign, clearly stating their full name.

- Propose to the head of the Administrative Management Police Unit by writing and clearly state the following basic information: date, month, year of receiving the file; documents in the file; content of the request for resolution, opinion proposed (basis, content of the proposal) and sign, clearly stating their full name.

- Transfer the application file to the head of the Administrative Management Police Unit.

b) In cases where the application file meets the conditions but lacks procedures, or the declaration forms and documents are incorrect, notify the citizen in writing or by phone to supplement and re-declare.

c) In cases where the application file does not meet the conditions for permanent residence registration, propose to the head of the Administrative Management Police Unit to report to the leadership of the county-level police department to reply to the citizen in writing, clearly stating the reason for not resolving.

2. For the head of the Administrative Management Police Unit

Within three working days from the date of receiving the application file and the proposal of the registration officer, must review the application file and proceed as follows:

a) In cases where the application file is valid, propose to the leadership of the county-level police department to approve the permanent residence registration (record directly on the proposal document).

b) In cases where the application file meets the conditions but lacks procedures or the declaration forms and documents are incorrect, clearly state the procedures needed to be supplemented, and the content needed to be re-declared for the registration officer to notify the citizen to supplement and re-declare.

c) In cases where the application file meets the conditions but requires further clarification of some content, establish and send a verification form for household registration and population (according to the prescribed model) or dispatch an officer to verify directly.

Within one working day from the date of receiving the verification response, propose in writing for the leadership of the county-level police department to approve the permanent residence registration (if the application file is valid) or sign a document replying to the citizen clearly stating the reason for not resolving (if the application file does not meet the conditions for permanent residence registration).

d) In cases where the application file does not meet the conditions for permanent residence registration, propose the leadership of the county-level police department to sign a document replying to the citizen clearly stating the reason for not resolving.

3. For the Head of the County-Level Police Department or Deputy Head of the County-Level Police Department authorized in writing.

Within three working days from the date of receiving the application file and the proposal of the head of the Administrative Management Police Unit, must examine the application file according to the following provisions:

a) In cases where the application file is valid

- Approve the permanent residence registration;

- Assign the Administrative Management Police Unit to designate someone to write the household registration book and establish a change notification form for household registration and population (to inform the transfer of permanent residence registration to the police station issuing the transfer certificate and the police station in the commune, ward, town where the citizen moves to register permanent residence).

- Sign the household registration book, issue the change information sheet regarding household registration and population, and return the file to the Administrative Police Team for Social Order Management.

b) In cases where the file meets the conditions but lacks procedures, request the Administrative Police Team for Social Order Management to notify the citizen in writing or by phone to supplement the missing information.

c) In cases where the file does not meet the conditions, sign a written response to the citizen stating the reasons for non-resolution, and return the file to the Administrative Police Team for Social Order Management to return to the citizen.

4. For police officers receiving verification requests

Within three working days from the date of receipt of the verification request, the Public Security Police Station, Ward, or Town where the citizen applies for permanent residence registration must provide a verification response. If multiple places or different contents need to be verified, the time may be extended, but not exceeding six working days from the date of receipt of the verification request.

Article 6. Examination and Resolution of Permanent Residence Registration Files by Commune/Public Security Police Stations under the Province

1. Within two working days from the date of receipt of the file, the registration officer must study and examine the file, compare it with the regulations on residence, and proceed as follows:

a) In cases where the application file is valid

Transfer the file and propose to the Head of the Commune/Public Security Police Station under the Province (hereinafter referred to as the Commune/Public Security Police Station) for approval of permanent residence registration. The proposal must be in writing and include the following basic information: date of receipt of the file; contents of the documents in the file; requested resolution content; proposed opinion (basis, content of the proposal), and signature with full name.

b) In cases where the file meets the conditions but lacks procedures, incorrect declaration forms, or incomplete documents, notify the citizen in writing or by phone to supplement the missing information.

c) In cases where the file meets the conditions but requires further clarification of certain contents, report and propose to the Head of the Commune/Public Security Police Station for comments and establish, send the household registration and population verification form (according to the prescribed model) or conduct direct verification.

Within one working day from the date of receipt of the verification response, report the verification results and propose in writing for the Head of the Commune/Public Security Police Station to approve permanent residence registration (if the file is valid) or sign a written response to the citizen stating the reasons for non-resolution (if the file does not meet the conditions for permanent residence registration).

d) In cases where the file does not meet the conditions, propose that the Head of the Commune/Public Security Police Station sign a written response to the citizen stating the reasons for non-resolution.

2. For the Head of the Commune/Public Security Police Station or Deputy authorized in writing.

Within two working days from the date of receipt of the file and the registration officer's proposal, review the file according to the following provisions:

a) In cases where the application file is valid

- Approve the permanent residence registration;

- Assign someone to write the household registration book and issue the change information sheet regarding household registration and population (to inform the Public Security Police Station issuing the household transfer certificate and the County Public Security Police Station about the permanent residence registration).

- Sign the household registration book, the change information sheet regarding household registration and population, and return the file to the person who received the file.

b) In cases where the file meets the conditions but lacks procedures, incorrect declaration forms, or incomplete documents, assign the registration officer to notify the citizen in writing or by phone to supplement the missing information.

c) In cases where the file does not meet the conditions, sign a written response to the citizen stating the reasons for non-resolution; return the file to the registration officer to return to the citizen.

3. For police officers requested to verify

Within three working days from the date of receipt of the verification request, the person assigned to verify must provide a verification response. If multiple places or different contents need to be verified, the time may be extended, but not exceeding six working days from the date of receipt of the verification request.

4. For communes or towns where the Head of the Commune/Public Security Police Station or Deputy authorized directly receives and resolves the files, they still must follow the procedures stipulated in this Article, but skip the file approval process by the registration officer with the Head or Deputy of the Commune/Public Security Police Station.

Article 7. Delivering Results

1. For cases of permanent residence registration

a) Collect the registration fee for residence according to the provisions of the law on fees.

b) Collect the old household book (stamped with cancellation) to keep the file of permanent residence registration for cases where the entire household moves.

c) Return original documents and materials to the person receiving the results.

d) Require the person receiving the results to check the original documents and materials, compare the information recorded in the household book, and sign for receipt (sign, write clearly their full name and date of receipt) in the record book for monitoring the resolution of household registration according to the prescribed model.

2. For files that do not meet the conditions for permanent residence registration

a) Return the received file.

b) Require the person receiving the results to check the documents and materials in the file and sign for receipt (sign, write clearly their full name and date of receipt) in the record book for monitoring the resolution of household registration according to the prescribed model.

c) Provide a response document to the citizen regarding the non-resolution of permanent residence registration.

Article 8. Archiving Permanent Residence Registration Files

1. Permanent residence registration files are stored and preserved according to the file management system at the archive of household registration files of the provincial-level police department.

2. Permanent residence registration files are organized as follows:

a) Documents proposing the resolution of the file;

b) Change of household and population report form;

c) Population declaration form;

d) Household transfer certificate (for cases required under the Law on Residence);

đ) Legal proof of place of residence;

e) Legal proof belonging to one of the cases eligible for permanent residence registration in a centrally-administered city (for cases of permanent residence registration in a centrally-administered city);

g) Household and population verification form (if applicable);

h) Other documents (if applicable).

3. Transfer permanent residence registration files to the household registration file archive.

a) Within three working days from the date of delivering the result to the citizen, the permanent residence registration department of the district police, city district police, or town police of a centrally-administered city must transfer the permanent residence registration files to the household registration file archive for management and storage.

b) Within three working days from the date of delivering the result to the citizen, the commune or town police of a province must transfer the permanent residence registration files to the household registration file archive of the provincial-level police department for management and storage.

Article 9. Simplified Procedure for Permanent Residence Registration

In cases where the permanent residence registration file is clear, complete, without issues, and does not require verification, it shall be resolved as quickly as possible.

Article 10. Special Procedure for Permanent Residence Registration

In cases where the police authority has determined that the individual is elderly, disabled, or has special circumstances and cannot go to the place to handle the permanent residence registration procedures, and there is no representative in the family to submit the permanent residence registration file, the head of the unit authorized to register permanent residence shall decide to dispatch staff to visit directly to examine and resolve the matter.

Chapter 3.

PROCEDURE FOR TEMPORARY RESIDENCE REGISTRATION

Article 11. Receiving Files

1. The process of receiving temporary residence registration files is carried out as specified for permanent residence registration files in Article 4 of this procedure.

2. If the file does not meet the conditions for temporary residence registration, the registration officer must clearly inform the reason and guide the citizen to follow the regulations for notifying temporary stay.

Article 12. Examination and Resolution of Temporary Residence Registration Files

1. Within two working days from the date of receiving a valid file, the registration officer must propose in writing for the Chief of the Police Station of the commune, ward, town to examine and resolve.

2. Within one working day from the date of receiving a valid file and the written proposal of the registration officer, the Chief of the Police Station of the commune, ward, town must register temporary residence and issue a temporary residence book for citizens.

3. In cases where the conditions for registering temporary residence are not met, a written response must be given to the citizen clearly stating the reasons.

Article 13. Issuing Results

1. For cases that have been registered for temporary residence

a) Collect the residence registration fee according to the provisions of the law on fees.

b) Return the original documents and materials to the person collecting the results.

c) Require the person collecting the results to check the documents and materials, compare the information recorded in the temporary residence book, and sign and acknowledge in the household registration resolution tracking book according to the prescribed model (sign, write full name and date of receipt of results).

2. For files that do not meet the conditions for registering temporary residence

Return the file, require the person collecting the results to check the documents and materials in the file and sign and acknowledge in the household registration resolution tracking book according to the prescribed model (sign, write full name and date of receipt of results).

Article 14. Storage of Temporary Residence Registration Files

1. Temporary residence registration files shall be stored and preserved at the Police Station of the commune, ward, town where the citizen registers temporary residence.

2. Temporary residence registration files shall be arranged as follows:

a) Documents proposing the resolution of the file;

b) Change of household and population report form;

c) Population declaration form;

d) Documents proving legal place of residence;

đ) Household verification form (if any);

e) Other documents (if any).

Chapter 4.

PROCEDURE FOR RECEIVING NOTIFICATIONS OF RESIDENCE

Article 15. Receiving Notifications of Residence

1. The person responsible for receiving notifications of residence must check the identity documents of the person directly notifying residence: record complete and accurate information about the resident in the residence notification receipt book (according to the prescribed model).

2. The person responsible for receiving notifications of residence must ask clearly the name, address, and phone number of the person notifying residence over the phone; ask and record complete and accurate information about the resident in the residence notification receipt book (according to the prescribed model).

Article 16. Information and Reporting System on Residence

1. The person responsible for receiving notifications of residence must compile the situation, data, and information on residence at the residence notification point under their responsibility and report to the Police Station of the commune, ward, town before 24 hours daily. In case of security and public order requirements, they must immediately report to the Police Station of the commune, ward, town.

2. Reporting the situation, data, and information on residence from the residence notification point to the Police Station of the commune, ward, town shall be carried out in writing or direct reporting or by telephone.

Chapter 5.

IMPLEMENTING PROVISIONS

Article 17. Responsibility for Implementation

1. The Director of the General Police Department is responsible for assisting the Minister in overseeing, guiding, urging, and inspecting the implementation of the regulations stipulated in this Procedure.

2. The Directors of the Departments, Heads of units subordinate to the Minister within the scope of their functions, powers, and assigned tasks are responsible for coordinating the implementation of this Procedure.

3. The Directors of Public Security Departments of provinces, centrally-administered cities are responsible for directing, urging, inspecting, and guiding the implementation of this Procedure at their units and localities.

4. This Procedure shall be disseminated and thoroughly implemented at all levels of Public Security handling permanent residence registration, temporary residence registration, and receiving notifications of residence. Officers directly involved in these tasks must understand and strictly implement them.

During the implementation process, if there are difficulties, obstacles, or unsuitability requiring adjustments, the General Police Department will collect and submit them to the Ministry's leadership for decision.