CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE RESIDENCE LAW AND THE GOVERNMENT’S DECREE NO. 31/2014/ND-CP OF APRIL 18,2014, DETAILING A NUMBER OF ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE RESIDENCE LAW

Pursuant to the July 11, 2013 Residence Law;

Pursuant to the Government s Decree No. 31 /2014/ND-CP of April 18, 2014, detailing a number of articles and measures for implementation of the Residence Law;

Pursuant to the Government’s Decree No. 77/2009/ND-CP of September 15, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Public Security and Decree No. 21/2014/ND-CP of March 25, 2014, amending and supplementing Article 3 of the Government’s Decree No. 77/2009/ND-CP of September 15, 2009;

At the proposal of the General Director of the Police Department for Administrative Management of Social Order and Safety;

The Minister of Public Security promulgates the Circular detailing a number of articles of the Residence Law and the Government’s Decree No. 31/2014/ND-CP of April 18, 2014, detailing a number of articles and measures for implementation of the Residence Law.

Chapter I

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Article 1. Scope of regulation

This Circular details and guides provisions on citizens’ places of residence; registration of permanent residence; registration of temporary residence; stay notification; declaration of temporary absence and residence administration responsibility.

Article 2. Subjects of application

This Circular applies to:

1. Agencies and persons engaged in residence registration and administration work.

2. Agencies, organizations, households and Vietnamese citizens; overseas Vietnamese who still retain their Vietnamese citizenship and return to live in Vietnam.

Article 3. Residence places of officers and men of the People’s Army and the People’s Police

1. Officers, non-commissioned officers, professional armymen, defense employees, defense workers; professional officers and non-commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police, who live outside the barracks of the People’s Army or the People’s Police, shall register their places of residence in accordance with the Residence Law and this Circular.

2. Officers, non-commissioned officers, professional armymen, defense employees, defense workers; professional officers and non-commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police; persons performing their military service or serving for a definite term in the People’s Arm or the People’s Police, who live in the barracks of the People’s Army or the People’s Police, have their residence managed under separate regulations of the Ministry of National Defense or the Ministry of Public Security.

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1. The following persons whose right to freedom of residence is restricted are subject to suspension from change of place of residence (unless the agencies imposing such restriction permit in writing the change of place of residence):

a/ Persons currently banned from traveling outside their places of residence by a procedure-conducting agency;

b/ Persons sentenced to imprisonment but not yet received judgment enforcement decisions, subject to suspended sentence, or eligible for postponement or suspension of the serving of imprisonment penalty; persons on probation;

c/ Persons subject to confinement to a reformatory, compulsory education institution or detoxification establishment but eligible for postponement or suspension of the serving of such penalty.

2. Persons currently subject to residence ban are ineligible for registration of permanent residence or temporary residence in localities in which these persons are banned from residence by courts.

Article 5. Receipt and processing of residence information reported by citizens, households, agencies and organizations

1. Residence registration or administration agencies shall receive residence information reported by citizens, households, agencies and organizations and process such information according to their prescribed functions, tasks and competence in order to enhance administrative discipline in the settlement of affairs for citizens, agencies and organizations, step up administrative reform and raise the quality and effectiveness of residence registration and administration work.

2. Information shall be received in the following forms:

a/ Directly at residence registration or administration agencies;

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c/ Comment boxes;

d/ The internet and computer networks;

dd/ Other forms.

3. Residence registration or administration officers shall note down residence information reported by citizens, households, agencies and organizations which must clearly indicate the time and place of occurrence and involved organizations and persons, and request reporting citizens, agencies and organizations that come to directly report information to give their full names, contact addresses and telephone numbers for residence registration or administration offices to issue written replies when necessary.

Chapter II

REGISTRATION OF PERMANENT RESIDENCE

Article 6. Permanent residence registration dossiers

1. A permanent residence registration dossier must comprise:

a/ A notice of change in household registration or membership;

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c/ The household registration transfer paper (in case such paper must be granted under Clause 2, Article 28 of the Residence Law);

d/ Papers and documents proving the lawful domicile as prescribed in Article 6 of the Government’s Decree No. 31/2014/ND-CP of April 18, 2014, detailing a number of articles and measures for implementation of the Residence Law (below referred to as Decree No. 31/2014/ND-CP). If the lawful domicile is a house leased, borrowed or permitted for stay from a person, this person shall write his/her consent to the permanent residence registration and his/her signature and full name in the notice of change in household registration or membership. In case this person has made a separate written consent to the permanent residence registration, such consent is not required to be indicated in the notice of change in household registration or membership. For lawful houses leased, borrowed or permitted for stay which are located in centrally run cities, commune-level People’s Committees’ certification of satisfaction of the average area condition prescribed by municipal People’s Councils is required.

In case paternal or maternal grandparents, parents, spouses, offspring, blood siblings and paternal or maternal aunts and uncles, nieces and nephews move to live together; minors whose parents have died or have no nurturing capacity, persons with disabilities who have lost their working capacity, or persons with mental diseases or other diseases which deprive them of the capacity to perceive or to control their acts move to live with their guardians, papers and documents proving the lawful domicile are not required but papers proving such ties or certification thereof by People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees) are required.

2. Permanent residence registration dossiers in some specific cases

In addition to the papers and documents included in a permanent residence registration dossier prescribed in Clause 1 of this Article, the following papers are required for the cases below:

a/ Certificate of birth, for permanent residence registration of children under Article 13 of the Residence Law;

b/ Written consent of parent(s) or certification of the commune-level People’s Committee, for minors who register their permanent residence with other persons but not their parent(s);

c/ Written request of the nurturing agency or organization, for persons nurtured or looked after at an agency or organization, or written request of the nurturing person certified by the commune-level People’s Committee, for those nurtured or looked after by an individual. The written request should clearly state basic information of each person, including full name, birth date, sex, native place, nationality, citizenship, religion, identity card number, former permanent residence place before moving to the new place, and address of the current domicile;

d/ Papers proving a person is a religious dignitary, priest, monk or full-time religious activist as prescribed by the law on beliefs and religions, for persons living in religious institutions;

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dd/ Repatriation paper issued by a Vietnamese representative office overseas (for persons staying overseas) or a written approval of permanent residence by the Immigration Department (for persons temporarily residing in the country), enclosed with a paper of introduction issued by the Immigration Office of the locality in which such persons apply for permanent residence, for overseas Vietnamese who hold valid foreign passports or passport-substitute papers issued by foreign countries or do not hold passports but possess permanent residence papers issued by foreign countries and now return to Vietnam for permanent residence;

e/ Valid Vietnamese passport or passport-substitute paper bearing the verification mark of the border-gate immigration control force, for Vietnamese citizens settling down overseas who hold valid Vietnamese passports or passport-substitute paper and return to Vietnam for permanent residence;

g/ Paper proving Vietnamese citizenship, for naturalized foreigners;

h/ Paper of introduction or certification by the head of the directly managing unit (with signature, full name and seal), for officers, non-commissioned officers, professional armymen, defense employees, defense workers; professional officers and non-commissioned officers, technical officers and non-commissioned officers, workers and employees of the People’s Police, who live in the barracks of the People’s Army or the People’s Police and register their permanent residence outside their barracks; household registration transfer paper, for those who have registered permanent residence outside their barracks and change their places of permanent residence;

i/ The household Registration book holder’s consent to permanent residence registration, signature, full name and date in the notice of change in household registration or membership, for persons permitted by household registration book holders to be added to their household registration books.

3. Places for submission of permanent residence registration dossiers

a/ Police offices of rural districts, urban districts and towns, for centrally run cities;

b/ Police offices of communes, townships, towns and provincial cities, for provinces.

Article 7. Papers and documents proving satisfaction of one of the conditions for registration of permanent residence in centrally run cities

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1. For the case prescribed in Clause 1, Article 20 of the Residence Law, the paper proving the temporary residence duration prescribed in Clause 3, Article 8 of Decree No. 31 /2014/ND-CP.

2. For the case prescribed in Clause 2, Article 20 of the Residence Law:

a/ Papers and documents proving eligibility for the case prescribed at Point a, Clause 2, Article 20 of the Residence Law, including:

- Papers and documents proving spousal relationship: marriage certificate; household registration book, household registration transfer paper or written certification of the commune- level People’s Committee of the place of residence.

- Papers and documents proving parent-child relationship: birth certificate, decision recognizing child adoption; decision on recognition of parent and child; household registration book, household registration transfer paper or written certification of the commune-level People Commune of the place of residence;

b/ Papers and documents proving eligibility for the case prescribed at Point b, Clause 2, Article 20 of the Residence Law, including:

- Papers and documents proving sibling relationship: household registration book, household registration transfer paper, birth certificate or written certification of the commune- level People’s Committee of the place of residence;

- Papers and documents proving being past retirement age: birth certificate, household registration book, identity card or written certification of birth date by the commune-level People’s Committee of the place of residence;

- Papers and documents proving retirement: retirement book; retirement decision, written certification of the social insurance agency; written certification of the last employer before retirement, or of the commune-level People’s Committee of the place of residence;

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c/ Papers and documents proving eligibility for the case prescribed at Point c, Clause 2, Article 20 of the Residence Law, including:

- Certificate of disability or certification of the commune-level People’s Committee of the place of residence, for persons with one or more than one physical or mental disability as prescribed by the law on persons with disabilities;

- Certification of a medical establishment of district or higher level, for persons who have lost their working capacity or suffer a mental disease or another disease which has deprived them of the capacity to perceive and control their acts;

- Household registration book, birth certificate or written certification of the commune- level People’s Committee of the place of residence to prove the relationship of blood siblings, paternal or maternal aunts or uncles or guardians;

- Guardian appointment document of the commune-level People’s Committee of the place of residence, except cases of natural guardians of minors or persons having lost their civil act capacity prescribed by the Civil Code;

d/ Papers and documents proving eligibility for the case prescribed at Point d, Clause 2, Article 20 of the Residence Law, including:

- Papers and documents for identification of minors: birth certificate, household registration book, identity card or certification of birth date, issued by the commune-level People’s Committee of the place of residence.

- Papers and documents proving parentlessness: certificate of the death of parent or court decision declaring a parent missing or dead or certification of the death of a parent by the commune-level People’s Committee of the place of residence;

- Papers and documents proving parents’ incapability to nurture: certification of the commune-level People’s Committee;

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dd/ Papers proving eligibility for the cases prescribed at Points dd and e, Clause 2, Article 20 of the Residence Law, including:

- Papers proving single status: certification of the commune-level People’s Committee of the place of residence;

- Papers and documents proving the relationship of paternal or maternal grandparents, blood siblings or maternal aunts and uncles: household registration book, birth certificate or certification of the commune-level People’s Committee of the place of residence.

3. For the case prescribed in Clause 3, Article 20 of the Residence Law

a/ Papers proving state-salaried employment at an agency or organization, including one of the following papers and documents:

- The letter of introduction (signed with full name and seal) of the head of the directly managing unit (including units of the People’s Army or the People’s Police), enclosed with one of the following papers:

+ Decision on transfer or recruitment of state-salaried person being a cadre, civil servant or personnel of the People’s Army or the People’s Police;

+ Decision on salary increase for cadres or civil servants; salary increase, rank conferment or promotion; decision on appointment to a position in the People’s Army or the People’s Police;

- Certification (with signature and seal) of the current employment salaried by the State by the head of the directly managing unit (including units of the People’s Army or the People’s Police).

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- The letter of introduction (signed with full name and seal) of the head of the directly managing unit (including units of the People’s Army or the People’s Police), enclosed with one of the following papers:

+ Indefinite-term labor contract as prescribed by the labor law (applicable to all agencies and organizations, including employing organizations of all economic sectors);

+ Indefinite-term contract for working in non-business units of the State according to the law on cadres and civil servants.

- Particularly for leaders of agencies or organizations, a competent authority’s decision on appointment or transfer of a leader of an agency or organization or papers proving that person is a leader of such agency or organization as substitute for the indefinite-term contract.

- Certification (signed and sealed) by the head of the directly managing agency or organization (including units of the People’s Army or the People’s Police) that a citizen is working under an indefinite-term labor contract (applicable to all agencies and organizations, including employing organizations of all economic sectors) or under an indefinite-term working contract.

Heads of directly managing units are heads of agencies, organizations or armed forces units permitted to have their own seals.

4. For the case prescribed in Clause 4, Article 20 of the Residence Law, one of the following papers and documents is required:

Household registration book, identity card or certification of a citizen’s registration of permanent residence in a centrally run city by the police office of the urban or rural district or town in which that person has registered permanent residence.

Article 8. Household registration transfer papers

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a/ Chiefs of police offices of communes or townships may grant household registration transfer papers for cases of transfer to a place outside a commune or township of a province and outside a province;

b/ Chiefs of police offices of urban or rural districts and towns of centrally run cities, chiefs of police offices of towns and provincial cities may grant household registration transfer papers for cases of transfer to a place outside rural or urban districts or towns of a centrally run city; towns or cities of a province, and outside provinces or centrally run cities.

2. A dossier of application for a household registration transfer paper must comprise:

a/ A notice of change in household registration or membership;

b/ The household registration book (or family registration book or certificate of member of a collective registration book granted previously).

3. Within 2 (two) working days after receiving a dossier, the police office shall grant a household registration transfer paper to the applying citizen. In case of transfer of the whole household, such transfer shall be clearly stated in the household registration transfer paper and household registration book so that the police office of the place of destination shall recover the old household registration book upon granting a new one. In case of transfer of one or some of household members, the following basic details shall be written on the page on adjustments and changes in the household registration book: information on the transferee(s), time of issuance of the household registration transfer paper, and destination address(es).

4. It is prohibited to ask citizens to get written consent to the permanent registration by the police office of the place of destination in order to be granted household registration transfer papers.

5. Cases ineligible for grant of household registration transfer papers

a/ The cases prescribed in Clause 6, Article 28 of the Residence Law;

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Article 9. Competence to register permanent residence

1. Police offices of urban districts, rural districts and towns of centrally run cities may register permanent residence in their urban districts, rural districts and towns.

2. Police offices of communes and townships of provincial districts may register permanent residence in their communes and townships. Police offices of towns and provincial cities may register temporary residence in their towns and provincial cities.

Article 10. Grant of household registration books

1. Household registration books shall be granted to individuals or households that have registered their permanent residence under Articles 24, 25 and 26 of the Residence Law. The household registration book serves as the basis for determining the place of residence of a citizen.

Citizens changing their permanent residence to places outside a commune or township of a provincial district, outside a rural or urban district or town of a centrally run city, or outside a town or provincial city shall be granted new household registration books.

2. Household registration books that are damaged may be changed; if lost, they may be re-granted. A changed or re-granted household registration book must bear the same serial number and contents of the old one. A dossier of application for household registration book change or re-grant must comprise:

a/ The notice of change in household registration or membership. For re-grant of household registration books in provincial cities and towns and urban or rural districts and towns of centrally run cities, certification by the police office of the commune, ward or township of the place of permanent residence is required in such notice;

b/ The household registration book (for change of damaged household registration books) or family registration book or certificate of collective registration (for change from old registration book form to new one).

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3. Within 3 (three) working days after receiving a complete and valid dossier, the agency competent to register permanent residence shall change or re-grant a household registration book.

4. In the course of permanent residence registration, if errors are made in household registration books due to faults of registration offices, within 3 (three) working days after receiving a citizen’s request, the permanent residence registration office shall make adjustments in the household registration book corresponding to the original dossier.

5. For persons wishing to separate their household registration books as prescribed at Point b, Clause 1, Article 27 of the Residence Law, the household head shall write in the notice of change in household registration or membership his/her consent to the separation, with his/her  signature, full name and date. Upon separation of household registration books, papers on lawful domiciles are not required.

6. Chiefs of police offices of rural districts, urban districts or towns of centrally run cities, chiefs of police offices of towns or provincial cities, and chiefs of police offices of communes or townships of provincial districts are competent to sign household registration books.

7. Household members shall preserve and use household registration books strictly according to regulations. Household registration books shall be produced upon examination by competent police officers. It is prohibited to correct, erase, mortgage, lend, lease or use household registration books in contravention of law.

8. Household heads shall create favorable conditions for persons named in the household registration books to use the books for settlement of their affairs in accordance with law. If they deliberately cause difficulties to or refuse to let persons named in the household registration books use the books for settlement of their affairs in accordance with law, they shall be handled in accordance with law, depending on the nature and severity of their violations.

Article 11. Permanent residence deregistration

1. Permanent residence deregistration means the deletion of a citizen’s name in a household registration book or permanent residence registration book by a competent permanent residence registry office.

2. Procedures for permanent residence deregistration applicable to the cases prescribed at Points a, b, c and d, Clause 1, Article 22 of the Residence Law

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b/ Within 3 (three) working days after receiving a valid dossier, the permanent residence registry office shall delete the name of the citizen concerned from the permanent residence registration book or household registration book;

c/ Within 3 (three) working days after the permanent residence deregistration, police offices of rural districts, urban districts or towns of centrally run cities; towns or provincial cities shall adjust the permanent residence registration dossiers in the household registration archives, notify such to citizens’ identities archives and police offices of wards, communes or townships in which the persons subject to permanent residence deregistration register their permanent residence;

d/ Within 3 (three) working days after the permanent residence deregistration, police offices of communes or townships of provincial districts shall notify such to district police offices. After adjusting the archived household registration dossiers, district police offices shall notify such to the citizens’ identities archives.

3. Procedures for name deletion applicable to the cases prescribed at Point dd, Clause 1, Article 22 of the Residence Law:

a/ For communes and townships of provincial districts

- Within 5 (five) working days after receiving permanent residence registration notices from the residence registry offices of localities where citizens move to, the persons subject to permanent residence deregistration or household representatives shall be notified to bring their household registration books to carry out the procedures for deletion of names in the residence registration books or household registration books (for transfer of some household members), and the permanent residence deregistration shall be notified to district police offices;

- Within 5 (five) working days after the receipt of permanent residence deregistration notices from commune or township police offices, district police offices shall transfer the permanent residence registration dossiers to police offices of the same level in localities where citizens move to and notify such to the citizens’ identities archives;

b/ For rural districts, urban districts and towns of centrally run cities; towns and provincial cities

Within 10 (ten) working days after receiving permanent residence registration notices of the residence registry offices of localities where citizens move to, the persons subject to permanent residence deregistration or household representatives shall be notified to bring their household registration books to carry out the procedures for deletion of names in the residence registration books or from household registration books (for transfer of some household members), and the permanent residence deregistration shall be notified to citizens’ identities archives and commune/ward/township police offices; at the same time the permanent residence registration dossiers shall be transferred to police offices of the same level in localities where citizens move to.

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Article 12. Adjustment of household registration books

1. The subjects and dossiers of adjustment of household registration books must comply with Article 29 of the Residence Law.

2. Time limits for adjustment of household registration books are as follows:

a/ Within 30 (thirty) days after the issuance of competent agencies’ decisions on changes of family names, given names and/or middle names, dates of birth, or other changes in civil status, household heads or persons making such changes or household representatives shall carry out procedures for making adjustments in their household registration books;

b/ Within 3 (three) months after the issuance of competent state agencies’ decisions on changes of administrative boundaries, administrative units, streets, house numbers, the residence registry offices shall notify citizens to come and carry out procedures for adjustment of their household registration books. Within 30 (thirty) days after the receipt of such notices, citizens shall come to carry out the adjustment procedures;

c/ Within 12 (twelve) months after moving to a new lawful domicile within a commune or township of a provincial district; within an urban or rural district or town of a centrally run city; or a provincial city or town, the household head or a household member or an authorized person shall carry out procedures for adjustment of the household registration book.

3. Within 3 (three) working days after the adjustment of household registration books, police offices of rural districts, urban districts or towns of centrally run cities; towns or provincial cities shall notify such to the citizens’ identities archives and police offices of communes, wards or townships in which the persons making changes permanently reside.

4. Within 3 (three) working days after the adjustment of household registration books, police offices of communes or townships of provincial districts shall transfer the adjustment and supplementation dossiers to district police offices for archives. Within 3 (three) working days after receiving dossiers, district police offices shall notify such to the citizens’ identities archives.

Article 13. Certification of citizens’ previous permanent residence registration

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2. A dossier of application for certification must comprise:

a/ The notice of change in household registration or membership;

b/ Papers or documents proving the citizen’s previous permanent residence registration (if any).

3. Within 3 (three) working days after receiving a valid dossier, the competent agency shall make certification and notify the result to the citizen; in case of non-certification, it shall reply in writing and clearly state the reason. The certification shall be made of basic information of each person: full name, other name (if any); date of birth; sex; native place; nationality; religion; identify card number; place of permanent residence; dates of permanent residence registration and deregistration.

Article 14. Cancellation of results of illegal permanent residence registration

1. In case the permanent residence has been registered ultra vires, lacking the conditions or for persons other than those prescribed in Articles 19 and 20 of the Residence Law and guided in this Circular, directors of provincial-level Public Security Departments shall cancel the illegal permanent residence registration by police offices of rural districts, urban district or towns of centrally cities; or police offices of towns or provincial cities; chiefs of police offices of districts of provinces shall cancel the illegal permanent residence registration by police offices of communes or townships of provincial districts.

2. Within 3 (three) working days after receiving decisions on cancellation of illegal permanent residence registration, the agencies that have registered the permanent residence shall delete the names from household registration books and permanent residence registration books, and recover the household registration books (if canceling the results of registration of all persons named in the household registration book).

3. Within 3 (three) working days after the permanent residence deregistration, police offices of urban districts, rural districts or towns of centrally run cities; police offices of towns or provincial cities shall notify such to citizens’ identities archives and commune/ward/township police offices; police offices of communes or townships of provinces shall notify such to district police offices, and district police offices shall notify such to citizens’ identities archives within 3 (three) days after receiving notices from commune or township police offices.

Article 15. Places of residence not permitted for permanent residence registration transfer

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2. Places of residence already planned for compensation, support and resettlement by competent state agencies under Point c, Clause 4, Article 5 of Decree No. 31/2014/ND-CP are construed as places of residence with compensation, support and resettlement plans already approved by competent agencies and notified to local administrations and households.

Chapter III

TEMPORARY RESIDENCE REGISTRATION

Article 16. Procedures for temporary residence registration

1. A temporary residence registration dossier must comprise:

a/ The notice of change in household registration or membership; household membership declaration (for cases requiring such declaration);

b/ Papers and documents proving the lawful domicile as prescribed in Article 6 of Decree No. 31/2014/ND-CP (unless householders possessing household registration books or temporary residence books give consent to the temporary residence registration). If the lawful domicile is leased, borrowed or permitted for stay from a person, upon temporary residence registration, this person’s consent to temporary residence registration must be written on the notice of change in household registration or membership, with his/her signature and full name. In case this person has made a written consent to temporary residence registration, his/her  consent is not required in the notice.

Identity cards or papers certified by police offices of communes, wards or townships in which such persons register their permanent residence shall be produced.

2. If temporary residents are permitted by householders to be listed in temporary residence books or to register their temporary residence at the latter’s permanent residence places, such permission shall be written in the notice of change in household registration or membership, with their signatures, full names and dates.

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Article 17. Grant of temporary residence books

1. Temporary residence books shall be granted to temporary residence-registering individuals and households according to Article 30 of the Residence Law and the guidance in this Circular, and are valid for determining citizens’ temporary residence for 24 months at most.

The temporary residence duration may be as requested by citizens but must not exceed 24 months. Past the temporary residence duration, if households or individuals continue residing temporarily, household representatives or individuals shall carry out procedures for temporary residence extension at police offices which have granted temporary residence books. The temporary residence duration for each extension must not exceed the remaining time limit of the temporary residence book. When temporary residence books expire but households or individuals continue temporarily residing at such places of residence, household representatives or individuals shall carry out procedures for re-grant of temporary residence books at police offices which have granted temporary residence books.

Each household registering temporary residence may appoint a person with full civil act capacity to be the household head who shall implement and guide household members in implementing regulations on residence registration and administration. A household that has no person aged full 18 or older or has persons aged full 18 or older but having their civil act capacity restricted may appoint a household member to be the household head.

For students and trainees living in their campuses or dormitories; and workers living in workers’ condominiums, individuals, agencies and organizations shall make written requests for temporary residence registration, enclosed with a list of individuals to be named in the temporary residence book. Such list must include basic information of each individual: full name; birth date; sex; native place; nationality; religion; identity card number; occupation; working place, permanent residence place; temporary residence place, temporary residence time limit. Police offices of communes, wards and townships shall certify temporary residence registration in the lists of temporary residence registration of individuals, agencies or organizations. Individuals who wish to have their own temporary residence books may be granted such books.

2. Within 30 (thirty) days before the temporary residence duration expires, an individual, agency or organization shall carry out procedures for temporary residence extension at the police office that have registered the temporary residence.

a/ A dossier of request for temporary residence extension must comprise:

- The notice of change in household registration or membership;

- The temporary residence book;

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b/ Within 2 (two) working days after receiving complete and valid dossiers, commune/ ward/township police offices shall extend temporary residence for citizens.

3. When temporary residence books are damaged, they may be changed; if being lost or expired, they may be re-granted. The changed or re-granted temporary residence books bear the same serial numbers and contents as the old ones.

a/ A dossier of application for change or re-grant of a temporary residence book comprises:

- The notice of change in household registration or membership;

- The temporary residence book (for case of damage or expiration).

b/ Within 2 (two) working days after the receipt of complete and valid dossiers, commune/ ward/township police offices shall change or re-grant temporary residence books for citizens.

4. Citizens who change their temporary residence to places outside communes, wards or townships may be granted new temporary residence books.

5. If in the course of temporary residence registration, errors are made in temporary residence books due to the faults of registry offices, within 3 working days after citizens request correction, the temporary residence registration offices shall make corrections in the temporary residence books corresponding to the temporary residence registration dossiers.

6. Temporary residents shall preserve and use temporary residence books strictly according to regulations; produce their temporary residence books upon examination by competent police officers. It is prohibited to modify, erase, mortgage, lend, lease or use temporary residence books in contravention of law.

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1. The subjects and dossiers of adjustment of changes in temporary residence books must comply with Article 29 of the Residence Law.

2. The time limits for adjustment of changes in temporary residence books must comply with Clause 2, Article 12 of this Circular.

3. Within 3 (three) working days after the receipt of complete and valid dossiers, commune/ward/township police offices shall adjust or supplement changes in temporary residence books for citizens and temporary residence registration books.

Article 19. Deletion of names in temporary residence registration books

Police offices of communes, wards or townships in which persons register their temporary residence shall delete their names from the temporary residence registration books when:

1. Persons who have registered their temporary residence are dead or missing.

2. Persons who have registered their temporary residence no longer live, work or study in places where they have registered their temporary residence for 6 (six) months or more.

3. Past 30 days after the expiration of the temporary residence duration, persons who have registered their temporary residence fail to come to police offices to carry out procedures for temporary residence extension.

4. Persons who have registered their temporary residence are then permitted to register their permanent residence.

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Article 20. Cancellation of illegal temporary residence registration

1. In case temporary residence registration is carried out ultra vires, for persons or under the conditions other than those prescribed in Article 30 of the Residence Law and guided in this Circular, chiefs of police offices of rural districts, urban districts, towns or provincial cities shall cancel the illegal temporary residence registration.

2. Within 3 (three) working days after the receipt of decisions on cancellation of illegal temporary residence registration, commune/ward/township police offices that have registered the temporary residence shall delete the names of illegal temporary residence registrants in the temporary residence books, temporary residence registration books and withdraw the temporary residence books (if canceling the illegal registration of all persons named in the temporary residence books).

Chapter IV

STAY NOTIFICATION, TEMPORARY ABSENCE DECLARATION

Article 21. Stay and stay notification

1. Stay means a citizen’s living for a given period of time in a place in a commune, ward or township outside his/her residence place, which is not subject to temporary residence registration.

2. Representatives of families, condominiums, medical treatment establishments, hotels, motels and other establishments at which persons stay shall:

a/ Request persons who come to stay to produce one of the following papers: identity card; valid Vietnamese passport; other personal papers or papers issued by agencies, organizations or commune-level People’s Committees. Under-14 persons who come to stay shall not produce the above papers but provide information on his/her record;

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Persons staying in private houses or apartments whose owners have not resided in the commune, ward and township concerned shall notify their stay to the commune/ward/township police office.

3. The notification of stay may be made in person or by telephone or via the Internet or computer network. The stay duration depends on citizens’ demands. Persons who receive stay notices shall make a note in stay receipt books and shall not grant any stay certification papers to citizens.

4. Stay notice-receiving places are police offices of communes, wards or townships. Depending on their practical conditions, localities shall decide on other additional places for receipt of stay notices. Before 23.00 hrs every day, officers receiving stay notices outside commune/ward/township police offices shall promptly inform and report data to commune/ward/township police offices; for persons who come to stay after 23.00 hrs, report may be made to commune/ward/township police offices the next morning. Commune/ward/township police offices shall notify places, websites, computer network names and telephone numbers for receiving stay notices and guide stay notification.

Article 22. Temporary absence declaration

1. Subjects of, and procedures for, temporary absence declaration must comply with Article 32 of the Residence Law and the guidance in this Circular.

2. Temporary absence declarants shall go to police offices of communes, wards or townships in which they reside to carry out procedures for temporary absence declaration.

3. Temporary absence declarants prescribed in Clause 1, Article 32 of the Residence Law, when making temporary absence declaration, must obtain written approval of competent persons or agencies supervising and managing them.

Temporary absence declarants prescribed in Clause 2, Article 32 of the Residence Law may decide on their absence duration.

4. Within 1 (one) working day after the receipt of citizens’ requests, police offices of communes, wards or townships in which such citizens reside shall grant temporary absence declaration papers to citizens (in special cases, such time limit may be prolonged but must not exceed 2 (two) working days).

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RESIDENCE ADMINISTRATION RESPONSIBILITIES

Article 23. Responsibilities of provincial-level Police Departments for residence administration

1. To take responsibility before the Ministry of Public Security and provincial-level People’s Committees for directing, guiding, inspecting and organizing the implementation of regulations on residence administration in their respective localities.

2. To assist provincial-level People’s Committees in directing commune-level People’s Committees to certify papers on lawful domiciles for citizens in accordance with Decree No. 31/2014/ND-CP.

3. To assume the prime responsibility for, and coordinate with media agencies as well as local sectors and departments in, disseminating the residence law.

4. To report to the Ministry of Public Security and provincial-level People’s Committees on the situation and measures to settle problems arising in the course of residence administration in their localities.

5. To examine, inspect and settle complaints and denunciations and handle violations of the law on residence.

6. To review and report on the residence situation and statistics to the Ministry of Public Security according to regulations.

7. To direct, examine and guide police offices of urban districts, rural districts, towns or provincial cities in residence registration and administration work.

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Article 24. Responsibilities of police offices of urban districts, rural districts, towns or provincial cities for residence administration

1. To fulfill the responsibilities prescribed in the Residence Law and guiding documents.

2. To be answerable to provincial-level Police Departments and the People’s Committees of urban districts, rural districts, towns and provincial cities for directing, guiding, inspecting and organizing the implementation of regulations on residence administration in their respective localities.

3. To assume the prime responsibility for, and coordinate with media agencies as well as local sectors and departments in, disseminating the law on residence.

4. To report to provincial-level Police Departments and the People’s Committees of urban districts, rural districts, towns or provincial cities on the situation and measures to settle problems arising in the course of residence administration in their localities.

5. To examine, inspect and settle complaints and denunciations, and handle violations of the law on residence according to their competence.

6. To review and report on the residence situation and statistics to provincial-level Police Departments according to regulations.

7. To manage and keep permanent residence registration and administration dossiers in the household registration archives according to regulations of the Ministry of Public Security.

8. To perform other residence administration tasks under regulations of superior police offices.

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1. To fulfill the responsibilities prescribed in the Residence Law.

2. To carry out residence registration and administration in areas under their management according to the Residence Law and regulations of the Ministry of Public Security.

3. To examine and settle complaints and denunciations, and handle violations of the law on residence according to their competence.

4. To review and report on the residence situation and statistics to police offices of urban districts, rural districts, towns or provincial cities according to regulations.

5. To disseminate the law on residence.

6. To manage and archive temporary residence registration and administration dossiers according to regulations of the Ministry of Public Security.

7. To perform other residence administration tasks according to regulations of superior police offices.

Article 26. Residence examination

1. Residence examination shall be carried out periodically, extraordinarily or according to requirements of crime prevention and combat and security and order maintenance.

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3. Residence examination covers inspection of the realization and implementation of residence registration and administration contents; rights and responsibilities of citizens, households, agencies and organizations; and other contents as prescribed by the residence law.

4. People’s police officers and combatants and commune-level police offices assigned to administer residence affairs in localities may directly examine or coordinate in examining the observance of the law on residence by citizens, households, agencies and organizations in areas under their respective management. Upon examination, they may mobilize mass forces in charge of maintaining security and order at grassroots level as well as security guards of agencies, enterprises and organizations to join examination activities.

5. Residence examination by superior police offices in residential areas shall be witnessed by officers of the People’s Police or commune-level police offices assigned to administer residence affairs in such areas.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 27. Effect

This Circular takes effect on October 28, 2014, and replaces the Minister of Public Security’s Circular No. 52/2010/TT-BCA of November 30,2010, detailing a number of articles of the Residence Law, Decree No. 107/2007/ND-CP of June 25,2007, and Decree No. 56/2010/ND-CP of May 24, 2010 on residence.

Article 28. Implementation responsibilities

1. Agencies and organizations shall, within the ambit of their respective functions, tasks and powers, direct the implementation of this Circular.

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3. The director of the Police Department for Residence Registration and Administration and National Citizen Data has the responsibilities:

a/ To assist the Minister of Public Security in directing, guiding, inspecting and urging police units and local police offices to implement regulations on residence registration and administration;

b/ To work out plans on dissemination and organize the implementation of the Residence Law, this Circular and relevant legal documents by police offices at all levels;

c/ To guide the uniform use of residence registration and administration forms, papers and books nationwide according to regulations of the Ministry of Public Security;

d/ To organize preliminary and final reviews of, and draw experiences from, residence registration and administration work nationwide; to apply advanced technologies to residence registration and administration and develop residence databases;

dd/ To report on the situation and propose to the Minister of Public Security measures to settle problems and violations and matters arising in the course of residence registration and administration;

e/ To summarize residence statistics and situation nationwide;

g/ To suspend, cancel according to competence or propose competent authorities to suspend or cancel regulations of local police offices, agencies, organizations or People’s Committees at different levels which are contrary to this Circular.

4. Directors of provincial-level Police Departments shall organize the implementation of this Circular; consolidate citizen reception offices, publicize regulations on residence registration and administration; scrutinize and arrange residence registration and administration officers; guide and inspect professional forces and police offices at different levels in implementing this Circular.

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Police units and local police offices shall report problems arising in the course of implementing this Circular to the Ministry of Public Security (via the Police Department for Residence Registration and Administration and National Citizen Data) for timely guidance.-

MINISTER OF PUBLIC SECURITY




General Tran Dai Quang

Thông tư 35/2014/TT-BCA hướng dẫn Luật Cư trú và Nghị định 31/2014/NĐ-CP do Bộ trưởng Bộ Công an ban hành