Decree No. 62/2021/NĐ-CP detailing certain provisions and measures for the implementation of the Law on Residence will cease to be effective on January 10, 2025, when the new Decree is issued.
Đối tượng áp dụng
Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations
Các điểm cốt lõi
- Commune People's Committees shall be responsible for receiving and processing requests to confirm places of regular parking and docking; using vehicles for residential purposes or approving documents for vehicle parking and docking.
- Communes must verify information on family relationships, subjects specified in points b and c, Clause 2, Article 20 of the Law on Residence, information on lawful residence, without disputes, ensuring average area for registering permanent residence for citizens.
- Communes must update information on household registration, issue related personal documents for citizens within their authority, ensuring accuracy, timeliness, appropriateness, and consistency with citizen information in the National Population Database and the Residence Database.
- thuvienphapluatcanbanhanhngdinhnay
- Government Nguyen Hoa Binh
🌐 Tác động xã hội từ văn bản này
- Improve the effectiveness of residence management
- Contribute to ensuring social security and public order
- Strengthen transparency and accountability in issuing personal-related documents for citizens.
❓ Câu hỏi thường gặp
When does Decree No. 62/2021/NĐ-CP cease to be effective?
On January 10, 2025, when the new Decree is issued.
Who is responsible for implementing this Decree?
Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central city administrations.
Toàn văn
DECREE
REGULATION detailing certain provisions and measures for implementing the Law on Residence
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain 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;
Pursuant to the Law on Electronic Transactions dated June 22, 2023;
Pursuant to the Law on Identity Cards dated November 27, 2023;
The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.
The Government issues this Decree to detail certain provisions and measures for implementing the Law on Residence.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree details certain provisions and measures for implementing the Law on Residence regarding:
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. Registration of residence for minors; some contents of registration and management of residence.
5. Files and procedures for cancellation of permanent residence registration.
6. Files and procedures for cancellation of temporary residence registration.
7. Information in the Database on Residence, construction and management of the Database on Residence, collection, updating, adjustment, management, connection, sharing, exploitation of information in the Database on Residence.
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, 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) is the place where the means of transport is registered or where the means of transport regularly docks or parks according to Clause 1, Article 16 of the Law on Residence.
2. The regular docking or parking place of the means of transport is a location where the means of transport actually docks or parks, not within a prohibited area or zone determined by the owner of the means of transport and registered with the People's Committee of the commune or district People's Committee where there is no commune-level administrative unit (hereinafter referred to as the People's Committee of the commune) where the means of transport docks or parks. In cases where the owner of the means of transport has a lease agreement for a berth or a document approving the docking or parking of the means of transport issued by the management agency or organization at the docking or parking location, registration is not required.
3. Citizens submit the application form for registration of residence and the Declaration Form requesting confirmation of the regular docking or parking place; using the means of transport for habitation purposes (hereinafter referred to as the Declaration Form) according to Model No. 01 attached to this Decree through direct submission, online submission, or public postal service to the registration authority. The registration authority is responsible for transferring the Declaration Form to the People's Committee of the commune. Within two working days from the date of receipt of the Declaration Form, the People's Committee of the commune shall examine and confirm; if refusing to process, they must provide a written response stating the reasons and transfer these documents to the registration authority for examination and processing of the residence registration for the citizen.
4. In cases where the owner of the means of transport changes the regular docking or parking place of the means of transport, they are responsible for re-registering according to the provisions of Clause 3 of this Article.
Article 4. Place of residence of persons without a permanent place of residence or temporary place of residence
1. Persons without a permanent place of residence or temporary place of residence declare information about their residence according to the Change of Residence Information Declaration Form and submit it online, directly, or through public postal service to the registration authority at their current place of residence according to Article 19 of the Law on Residence. In cases where there is no information or incomplete, inaccurate information in the National Population Database or the Database on Residence, the registration authority at the citizen's current place of residence is responsible for receiving the citizen's information and files, checking, verifying, and collecting, updating citizen information according to the law.
2. In cases where, upon inspection and review, the registration authority discovers that a citizen falls under the category requiring declaration of residence information, they have the responsibility to guide and require such citizens to declare the information. Within thirty days from the date the registration authority requests the citizen to declare residence information, the citizen is responsible for declaring the information according to the provisions of Clause 1 of this Article.
3. In cases where, upon inspection and verification, it is determined that the declared or provided residence information by the citizen is incomplete or inaccurate, or cannot be verified, the registration authority will issue a written or electronic document rejecting the declaration of residence information and request the citizen to re-declare the information for verification according to the regulations (except when the re-declared information matches the previously verified results). The time limit for re-inspection and verification is calculated as the initial inspection and verification period. Upon inspection and verification, if there is evidence confirming that the person declaring is a Vietnamese citizen and the information declared by the citizen is complete and accurate, the registration authority will collect and update the citizen's information into the National Population Database to request the Ministry of Public Security's identity management agency to establish a personal identification number for the Vietnamese citizen according to the law. The registration authority is responsible for issuing a certificate of residence information when the citizen requests it.
4. Contents of the certificate of residence information include basic information about the citizen: surname, middle name, and given name, personal identification number; date of birth; gender; nationality; ethnicity; religion; place of origin; place of birth registration; current place of residence; date of declaration of residence; surname, middle name, and given name of the head of household; relationship with the head of household; personal identification number of the head of household.
5. Citizens who have been issued a certificate of residence information are responsible for registering permanent residence or temporary residence immediately when they meet the conditions and procedures stipulated by the Law on Residence; in cases where they do not meet the conditions for registering permanent residence or temporary residence but have changes in personal information or kinship information, they must re-declare to the registration authority that issued the certificate of residence information for verification, review, updating, and adjusting information in the National Population Database and the Database on Residence.
Article 5. Documents, materials, information proving lawful place of residence
1. Citizens provide information proving their lawful place of residence to the registration authority when submitting residency registration files; the registration authority shall be responsible for exploiting this information from the electronic identity card, electronic identification account on the electronic identification and authentication system through the National Identification Application or in the National Population Database, Residency Database, Electronic Data Management Repository of organizations and individuals on the National Public Service Portal, Central and Provincial Administrative Procedure Information System or other national databases, specialized databases. In cases where information proving the lawful place of residence cannot be exploited from the database, information system, or national identification application, the registration authority shall be responsible for inspecting and verifying to handle the residency procedures; citizens shall be responsible for providing copies, photographs, or electronic versions of one of the documents or materials proving their lawful place of residence upon request of the registration authority.
2. Documents and materials proving lawful place of residence for permanent residency registration are one of the following:
a) Documents and materials certifying land use rights, ownership of immovable property attached to land issued by competent authorities at different periods according to laws on land and housing;
b) Construction permit for residential buildings or construction permit for residential buildings with a time limit in cases where a construction permit is required according to laws on construction;
c) Documents on the sale of state-owned residential buildings or documents on valuation, liquidation of state-owned residential buildings attached to residential land according to laws;
d) Sales contract for residential buildings or documents proving the handover or receipt of residential buildings from real estate businesses investing in construction 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 documents of competent state agencies allowing ownership of residential buildings that have taken legal effect;
h) Documents and materials proving the mortgage or pledge of lawful residential ownership;
i) Confirmation by the People's Committee of the commune regarding stable use of residential buildings and land without disputes and not located in areas prohibited from new permanent residency registration according to Model No. 02 issued together with this Decree;
k) Documents and materials proving vehicle registration, inspection, and confirmation of regular parking location except in cases where vehicle registration for regular parking is not required according to Clause 2, Article 3 of this Decree;
l) Contracts and documents on leasing, lending, or residing at the invitation that have been notarized or certified according to laws;
m) One of the types of documents and materials for considering issuance of land use right certificates, ownership of other immovable property attached to land according to laws on land and housing at different periods;
3. Documents and materials proving lawful place of residence for temporary residency registration are one of the following:
a) One of the documents and materials specified in Clause 2 of this Article, except in cases where the document or material proving the lawful place of residence is a lease, loan, or invitation to reside document issued by an organization or individual, which does not need to be notarized or certified;
b) A citizen's commitment letter stating they have a place of residence under their own use, without disputes over usage rights, and living stably and long-term there if they do not have one of the documents and materials specified in point a of this clause. The content of the commitment letter includes: full name; date of birth; personal identification number; place of residence; information about the proposed temporary residency address and the citizen's commitment;
c) Documents and materials of the owner of a tourist accommodation facility or another facility with accommodation functions allowing individuals to register for temporary residency at that facility;
d) Documents of industrial park management agencies, export processing zone management agencies, economic zones allowing workers to register for temporary residency at places of residence under their ownership or management according to laws;
đ) Documents of construction project management agencies, construction site management agencies, dormitories, craft villages, production and business facilities allowing workers to register for temporary residency at places of residence under their ownership or management according to laws.
4. Documents and materials proving the minimum area of residential buildings for permanent residency registration at places of residence obtained through renting, borrowing, or residing at the invitation as stipulated in Clause 3, Article 20 of the Law on Residency are one of the following types of documents:
a) Documents and materials specified in Clause 2 of this Article showing the residential building area;
b) Confirmation by the People's Committee of the commune regarding the average area meeting the prescribed conditions according to the Provincial People's Council Resolution or the Municipal People's Council Resolution directly under the central government according to Model No. 02 issued together with this Decree.
Article 6. Documents, materials, information proving kinship relations
1. Citizens provide information about kinship relations with the head of household and members of the family to the registration authority when submitting residence registration application forms; the registration authority shall be responsible for extracting this information from the electronic identity card, electronic identification account on the electronic identification and authentication system through the National Identification Application, or in the National Population Database, the National Residence Database, the Electronic Data Management System of organizations and individuals on the National Public Service Portal, the Central and Provincial Administrative Procedure Information System, or other national databases, specialized databases. In cases where information proving kinship relations cannot be extracted from these databases and information systems, the registration authority shall be responsible for checking and verifying to resolve residence procedures; citizens shall be responsible for providing copies, photographs, or electronic versions of one of the documents or materials proving kinship relations when requested by the registration authority.
2. In cases where information cannot be extracted according to the provisions of Clause 1 of this Article, the documents and materials proving kinship relations shall fall under the cases prescribed in Point a, Clause 2, Article 20 of the Law on Residence, including:
a) Documents and materials to prove spousal relationship: Marriage certificate; confirmation of marital status; citizen identity card (using encrypted information stored in the storage section of the citizen identity card); confirmation by the People's Committee of the commune where the citizen resides regarding the spousal relationship;
b) Documents and materials to prove parent-child relationship: Birth certificate; certification or decision on adoption; decision on recognizing parent-child relationship; confirmation by the People's Committee of the commune where the citizen resides; citizen identity card (using encrypted information stored in the storage section of the citizen identity card); court decision, extract from civil records, or document from health authorities or forensic agencies regarding parent-child relationship;
c) In addition to the aforementioned documents, the organization or entity where the citizen works, lives, or studies shall confirm the spousal relationship and parent-child relationship based on personal files and resumes for their staff members and organizational members.
3. In cases where information cannot be extracted according to the provisions of Clause 1 of this Article, the documents and materials proving personal identity and kinship relations of persons falling under the cases prescribed in Points b and c, Clause 2, Article 20 of the Law on Residence, include:
a) Documents and materials to prove blood sibling relationship: Birth certificate; confirmation by the People's Committee of the commune where the citizen resides or confirmation by the competent authority as prescribed by the Civil Registration Law;
b) Documents and materials to prove kinship with great-grandparents, grandparents, maternal grandparents, paternal grandparents, aunts, uncles, maternal uncles, paternal uncles, maternal cousins, paternal cousins: Birth certificate; confirmation by the People's Committee of the commune where the citizen resides or confirmation by the competent authority as prescribed by the Civil Registration Law;
c) Documents and materials to prove guardianship relationship: Decision appointing guardian; extract from guardianship registration; citizen identity card, citizen identity card (using encrypted information stored in the storage section of the citizen identity card); confirmation by the People's Committee of the commune where the citizen resides;
d) Documents and materials to prove that parents are deceased: Death certificate of parents or court decision declaring parents missing or dead; confirmation by the People's Committee of the commune where the citizen resides regarding the death of parents;
đ) Documents proving to be elderly person: Birth certificate, citizen identity card, citizen identity card (using encrypted information stored in the storage section of the citizen identity card); Membership card of the Vietnam Association of the Elderly; Passport; Social Insurance Booklet, Health Insurance Card or confirmation by the People's Committee of the commune where the citizen resides regarding date of birth;
e) Documents proving to be severely disabled person, heavily disabled person, person unable to work, person suffering from mental illness or other diseases causing loss of cognitive ability and control over behavior: Certification by a medical facility at district level or higher or confirmation by the People's Committee of the commune where the citizen resides;
g) Documents proving to be minor: Birth certificate, citizen identity card, citizen identity card (using encrypted information stored in the storage section of the citizen identity card); Passport; Health Insurance Card or confirmation by the People's Committee of the commune where the citizen resides regarding date of birth.
Article 7. Registration of residence for minors
1. In cases where minors register their permanent residence or temporary residence at the place of permanent residence or temporary residence of their father, mother, or guardian, the father, mother, or guardian shall declare and confirm their opinion on the Change of Residence Information Form. In cases where minors register their permanent residence or temporary residence at a place that is not the place of permanent residence or temporary residence of their father, mother, or guardian, the father, mother, or guardian shall declare and confirm their opinion on the Change of Residence Information Form. In cases where minors are assigned to be cared for and raised by their father or mother by a court decision, the person responsible for caring for and raising the minor shall declare and confirm their opinion on the Change of Residence Information Form.
2. Within a maximum period of sixty days from the date of registration of birth for minors, the father, mother, head of household, or guardian shall be responsible for completing the procedures for registering permanent residence, temporary residence, and declaring information about residence for minors. If the father or mother of the minor has a place of permanent residence but it is not the actual place of residence, the minor may register their permanent residence at the place of permanent residence of the father or mother.
3. In cases where neither the father nor the mother of the minor has a place of permanent residence or temporary residence, they shall declare information about the residence of the minor according to the provisions of Article 4 of this Decree.
4. In cases where permanent residence or temporary residence is registered for the first time for minors according to the provisions of Clause 1 and Clause 2 of this Article, the agency responsible for registering residence does not need to verify the legality of the place of residence and the status of residence.
Article 8. Some contents of registration and management of residence
1. In cases where citizens register permanent residence in a lawful place of residence under their own ownership, if there are more than one owners of such lawful place of residence, there is no need to obtain the consent of the co-owners.
2. In cases where permanent residence is registered according to point a, Clause 2, Article 20 of the Law on Residence, if the lawful place of residence has more than one owner, only the consent of at least one owner is required.
3. In cases where permanent residence is registered other than point a, Clause 2, Article 20 of the Law on Residence, if the lawful place of residence has more than one owner, when registering permanent residence, the consent of all owners or persons authorized in writing by the owners with notarization or certification according to the law must be obtained.
4. In cases where permanent residence is registered in a lawful place of residence of the owner who is a person deprived of civil capacity, a person with difficulty in understanding and controlling behavior according to the Civil Code, a person under eighteen years old, a person declared missing, or a deceased person, only the consent of one of the legal representatives or heirs of the owner according to the law is required.
5. The act of obtaining the consent of the head of household, the owner of the lawful place of residence, the legal representative, or the heir according to the law, the father, mother, or guardian can be carried out in one of the following forms:
a) Clearly stating the content of agreement and signing, clearly stating full name on the Change of Residence Information Form;
b) Confirming the content of agreement through the National Identity Application or online public service or the agency responsible for registering residence exchanging and directly soliciting opinions through verification and confirmation of residence;
c) Providing written consent.
6. In cases where a household moves to a new place of residence, the head of household only needs to complete the registration of residence for themselves according to the conditions and procedures stipulated in the Law on Residence and declare and register residence for other members of the household on the Change of Residence Information Form.
7. In cases where one or more members of a household move to a new place of residence, one of those members shall complete the registration of residence for themselves according to the conditions and procedures stipulated in the Law on Residence; the person handling the procedure shall declare and register residence for other members of the household on the Change of Residence Information Form without having to submit additional documents or complete other registration procedures for household members.
8. The agency responsible for registering residence shall be responsible for guiding, receiving, and resolving requests for registration of permanent residence or temporary residence for citizens living legally at a place outside the registered place of residence according to the Law on Residence. In cases where citizens do not meet the conditions for registering permanent residence or temporary residence at a new place of residence, the agency responsible for registering residence shall update the current place of residence of the citizen in the Population Database and the National Population Database.
9. Citizens registering temporary residence with a household according to the provisions of Clause 2, Article 20 of the Law on Residence, when the head of household and the owner of the lawful place of residence agree, do not need to present or provide proof of lawful place of residence. When the temporary residence period expires, a representative of the household member can apply for extension of temporary residence for themselves or other members of the household with the consent of the owner of the lawful place of residence, without needing to present or provide proof of lawful place of residence.
10. The agency responsible for registering residence shall resolve procedures for registration of permanent residence, temporary residence, or other residence-related procedures that are not within its jurisdiction, not applicable to the object and conditions stipulated in the Law on Residence, and must revoke the results already resolved, restore the previous residence status and information, and notify in writing the person who registered, specifying the reasons.
11. In cases where citizens have a place of permanent residence or temporary residence and have been deregistered from permanent residence or temporary residence but cannot determine their current place of residence, the agency responsible for registering residence at the place where permanent residence or temporary residence was deregistered shall continue to implement measures to manage residence for these cases.
12. Confirmation of the average area condition of housing for registration of permanent residence in rented, borrowed, or accommodated housing; housing and land without disputes over ownership of housing or land use rights, not located in areas prohibited from registering new permanent residence according to point i, Clause 2, point b, Clause 4, Article 5 of this Decree:
a) A citizen submits 01 application file requesting confirmation through online, direct, or public postal service to the People's Committee of the commune where they reside;
b) The application file for requesting confirmation includes: Application form for confirmation according to Form No. 02 issued together with this Decree;
c) Within 02 working days from the date of receiving all required documents as stipulated in point b of this clause, the People's Committee of the commune where the citizen resides shall examine and confirm the request and deliver the result to the citizen; if the request is denied, it must be notified in writing, stating the reasons;
d) In cases where a citizen submits the application file for confirmation along with the permanent residence registration file or temporary residence registration file to the resident registration authority, the resident registration authority is responsible for transferring the application file for confirmation to the People's Committee of the commune for examination and resolution;
Article 9. Files and Procedures for Deletion of Permanent Residence Registration
1. Within 07 days from the date when the household has a member subject to deletion of permanent residence registration, such member or the representative of the household is responsible for implementing the procedure for deleting permanent residence registration;
2. The files for deleting permanent residence registration include: Application form for changing residential information and documents, evidence proving that the individual falls under one of the circumstances for deleting permanent residence registration;
3. The person implementing the procedure shall submit 01 file through online, direct, or public postal service to the resident registration authority;
4. If the individual subject to deletion of permanent residence registration does not have information in the National Population Database or the information about them in the National Population Database is incomplete or inaccurate, the resident registration authority is responsible for collecting and updating the information into the National Population Database;
5. Within 05 working days from the date of receiving valid files, the resident registration authority shall implement the deletion of permanent residence registration for the citizen and update the deletion of permanent residence registration into the Residential Database and the National Population Database;
6. If the individual subject to deletion of permanent residence registration or the representative of the household fails to implement the procedure for deleting permanent residence registration, the resident registration authority is responsible for inspecting, verifying, preparing a record regarding the failure of the citizen or the representative of the household to implement the procedure for deleting permanent residence registration, and implementing the deletion of permanent residence registration for the citizen;
7. Units managing individuals studying, working, or employed in the People's Armed Forces shall issue a written request to the resident registration authority in the area where their units are stationed to delete the permanent residence registration of individuals under their management. The request should clearly state the surname, middle name, and given name at birth; date of birth; personal identification number or nine-digit identity card number of the individual subject to deletion of permanent residence registration; and the reason for requesting the deletion of permanent residence registration;
8. Within 01 working day from the date the National Population Database receives information reflecting on individuals subject to deletion of permanent residence registration as stipulated in Clause 1, Article 24 of the Law on Residence, the resident registration authority is responsible for inspecting, verifying, implementing the deletion of permanent residence registration for the citizen, and updating the deletion of permanent residence registration into the Residential Database and the National Population Database;
9. After completing the deletion of permanent residence registration, the resident registration authority shall notify in writing, electronic paper, or other electronic forms to the individual whose permanent residence registration was deleted or the representative of the household.
Article 10. Documents and Procedures for Deletion of Temporary Residence Registration
1. Within seven days from the date when the household has a member who falls under the category to be deleted from temporary residence registration, the person falling under the category to be deleted from temporary residence registration or the representative of the household shall be responsible for implementing the procedures for deletion of temporary residence registration.
2. The documents for deletion of temporary residence registration include: A declaration form for changes in residential information and documents or evidence proving that the person falls under one of the cases for deletion of temporary residence registration.
3. The person implementing the procedure shall submit 01 file through online, direct, or public postal service to the resident registration authority;
4. In the case where the person proposed to have their temporary residence registration deleted does not have information in the National Population Database or the information about them in the National Population Database is incomplete or inaccurate, the authority responsible for registering residence shall be responsible for collecting and updating such information into the National Population Database.
5. Within three working days from the date of receiving valid documents, the authority responsible for registering residence must delete the temporary residence registration of the citizen and update the deletion of the temporary residence registration into the Residential Database and the National Population Database.
6. In the case where a household only has one member or the person falling under the category to be deleted from temporary residence registration or the representative of the household does not implement the procedures for deletion of temporary residence registration, the authority responsible for registering residence shall be responsible for checking, verifying, making a record regarding the citizen or the representative of the household not implementing the procedures for deletion of temporary residence registration, and deleting the temporary residence registration of the citizen.
7. Organizations managing students, workers, or employees in the People's Armed Forces shall issue a written request to the authority responsible for registering residence in the area where they are stationed to delete the temporary residence registration of the person under their management. The request should clearly state the surname, middle name, and given name at birth; date of birth; personal identification number or nine-digit ID card number of the person whose temporary residence registration needs to be deleted; and the reasons for requesting the deletion of the temporary residence registration.
8. Within one working day from the date when the National Population Database system receives the information specified in Clause 1 of Article 29 of the Law on Residence through data connection, sharing, and synchronization from the national database, specialized database, or other databases managed by organizations or authorities, the authority responsible for registering residence shall be responsible for checking, verifying, and deleting the temporary residence registration of the citizen and updating the deletion of the temporary residence registration into the Residential Database and the National Population Database.
9. After completing the deletion of the temporary residence registration, the authority responsible for registering residence shall notify the person whose temporary residence registration was deleted or the representative of the household in writing, electronically, or by another electronic means.
Chapter III
RESIDENTIAL DATABASE
Article 11. Information in the Residential Database of Citizens
The information in the Residential Database of citizens includes:
1. Residence file number.
2. Information prescribed in Clauses 1 to 15, Clauses 21 to 25 of Article 9 and Clause 4 of Article 15 of the Identity Card Law.
3. Other names.
4. Place of permanent residence, start date of permanent residence; reason and date of deletion of permanent residence registration.
5. Place of temporary residence, start date of temporary residence, duration of temporary residence; reason and date of deletion of temporary residence registration.
6. Status of temporary absence declaration, object of temporary absence declaration, duration of temporary absence, destination during temporary absence, end date of temporary absence.
7. Current place of residence, start date of current residence.
8. Place of stay, duration of stay.
9. Criminal record.
10. Disciplinary record.
11. Preventive measures applied.
12. Expunged criminal record.
13. Number, name of the authority issuing, date, month, year of issuance of documents granting Vietnamese citizenship, renouncing Vietnamese citizenship, revoking Vietnamese citizenship, and revoking decisions to grant Vietnamese citizenship.
14. Number, date, month, year, authority issuing arrest warrants, search warrants, and cancellation of arrest warrants.
15. Other information about citizens integrated and shared from other databases.
Article 12. Requirements for Building and Managing the Residence Database
1. The residence database shall be centrally built and managed at the identity management agency under the Ministry of Public Security.
2. The residence database shall be constructed according to technical standards and norms for information technology, economic and technical quotas, ensuring connectivity with the National Population Database and other national databases relevant to specific fields, ensuring stable and continuous operation.
3. Ensure security, safety of information, protection of personal data, facilitating the collection, updating, adjustment, exploitation, and utilization of information.
4. Ensure the right to exploit information by agencies, organizations, and individuals in accordance with the provisions of the law.
5. Ensure the completeness, accuracy, and timeliness of information collection, updating, and adjustment; fully storing information of citizens at each time of collection, updating, and adjustment within the database.
Article 13. Collection, Updating, Adjustment, Management, Connection, Sharing, Exploitation of Information in the Residence Database
1. Information in the Residence Database shall be collected, updated, and adjusted from the following sources:
a) Information shared and synchronized from the National Population Database, Identity Database, and other national databases, specialized databases;
b) From archives managed by the People's Police force; registration and management files of residence; results of administrative procedures and public services;
c) Information digitized and provided by organizations and individuals;
d) Information from other sources as prescribed by law.
2. The collection, updating, and adjustment of citizen information into the Residence Database must meet the following requirements:
a) Citizen information when collected, updated, and adjusted into the Residence Database must ensure accuracy;
b) In cases where citizen information is collected and updated from multiple sources that are inconsistent in content, when collecting and updating citizen information, the local police station has the responsibility to coordinate with the civil status registration agency, related agencies, or citizens to verify the legality of such information and bear responsibility for its content before collecting and updating it into the Residence Database. If a citizen discovers that their own or household member information is incomplete or inaccurate in the Residence Database, they should provide information, documents, and request the local police station to review, update, and adjust according to the law and notify the result to the citizen;
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. Citizen information in the Residence Database shared with the National Population Database includes:
a) Place of permanent residence, start date of permanent residence; reason and date of cancellation of permanent residence registration;
b) Place of temporary residence; start date of temporary residence, duration of temporary residence; reason and date of cancellation of temporary residence registration;
c) Temporary absence declaration status;
d) Current place of residence;
đ) Surname, middle name, given name, individual identification number, nine-digit ID card number of the head of the household and members of the household;
e) Head of household information, relationship with the head of the household;
g) Other information as prescribed by law.
4. The connection and sharing of information between the Residence Database and other information systems and databases shall be carried out on the basis of uniformity between the Ministry of Public Security and the managing agencies of other information systems and databases to serve management functions and tasks assigned; ensuring confidentiality, security, and safety of information, protecting personal data.
5. Cases of exploiting information and documents in the Residence Database:
a) Judicial agencies may exploit information and documents in the Residence Database to serve judicial activities according to their assigned functions, tasks, and authorities;
b) Specialized database management agencies, state agencies, political organizations, social-political organizations may exploit information and documents in the Residence Database to serve their work according to their assigned functions, tasks, and authorities;
c) Citizens may exploit their own information and documents in the Residence Database;
d) Organizations and individuals not covered by points a, b, and c of this clause when exploiting other personal information in the Residence Database must obtain the consent of the residence registration agency and the individual who is the subject of the exploited information. For cases of exploiting information of persons lacking civil capacity, persons with difficulty in understanding and controlling their behavior as prescribed by the Civil Code, persons under 14 years old, persons declared missing, deceased persons, the consent of the residence registration agency and one of the lawful representatives or heirs as prescribed in point đ of this clause is required;
đ) Persons lacking civil capacity, persons with difficulty in understanding and controlling their behavior as prescribed by the Civil Code, persons under 14 years old may exploit their own information through their lawful representatives. Exploitation of information of persons declared missing is decided by the lawful representative of the person. Exploitation of information of deceased persons is decided by the person determined to be the heir of the person.
6. Exploitation of citizen information in the Residence Database
a) Agencies, organizations, and individuals specified in Clause 5 of this Article may exploit information in the Residence Database through a request for information exploitation;
b) Agencies, organizations, and individuals with a request for information exploitation in the Residence Database shall send it to the residence registration agency where the citizen resides;
c) The request for information provision must clearly state the purpose, content, scope of information to be exploited in the Residence Database and commit to bearing responsibility for the use of the information once it is exploited; for cases of exploiting information as prescribed in point d and đ of Clause 5 of this Article, the agreement of the subject of the exploited information must be clearly expressed.
d) Within one working day, the head of the residence registration agency where the citizen resides shall examine, approve, and provide information in the Residence Database to agencies, organizations, or individuals making requests.
đ) In case of disagreement with providing information, a written response must be issued stating the reasons clearly.
Chapter IV
IMPLEMENTING PROVISIONS
Article 14. Responsibilities of the People's Committee at the Commune Level
1. Receiving and processing requests for confirmation of regular parking and docking locations; using vehicles for residential purposes or approving documents for vehicle parking and docking.
2. Confirming kinship information, subjects under points b and c, Clause 2, Article 20 of the Law on Residence, information about lawful places of residence without disputes, ensuring the average area for registering permanent residence for citizens based on proposals from judicial civil servants - household registration, land management, and commune-level public security officials.
3. Updating household registration information, issuing documents related to kinship for citizens within their authority, ensuring accuracy, timeliness, appropriateness, and consistency with citizens' information in the National Population Database and the Residence Database.
Article 15. Effective Date
1. This Decree takes effect from January 10, 2025.
2. Decree No. 62/2021/NĐ-CP dated June 29, 2021, detailing certain provisions of the Law on Residence, ceases to be effective from the date this Decree takes effect.
Article 16. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.
DEPUTY PRIME MINISTER
VICE-PRESIDENT OF THE GOVERNMENT
Bản đồ quan hệ
Bấm vào một văn bản để mở. Viền đỏ = quan hệ làm thay đổi hiệu lực.