THE
GOVERNMENT
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
107/2007/ND-CP
|
Hanoi,
June 25, 2007
|
DECREE
DETAILING
AND GUIDING THE IMPLEMENTATION OF THE RESIDENCE LAW
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Residence Law;
At the proposal of the Minister of Public Security,
DECREES:
Article 1. Governing
scope
This Decree details and. guides
the implementation of Clause 2 of Article 8, Article 12 and Clause 1 of Article
20 of the Residence Law, regarding the responsibilities of agencies,
organizations and individuals in detecting and preventing the abuse of
regulations on household registration to limit citizens lawful rights and
interests; citizens residence places; time limits for permanent residence
registration; conditions for permanent residence registration in centrally run
cities.
Article 2. Subjects of
application
This Decree applies to
Vietnamese agencies, organizations, households and citizens, and overseas
Vietnamese who still hold the Vietnamese nationality and return to live in
Vietnam.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Under the Residence Law, the
regulations on household registration cover the following contents:
a/ Permanent residence
registration and management;
b/ Temporary residence
registration and management;
c/ Stay notification;
d/ Absence declaration.
2. Prohibited acts of abusing
the regulations on household registration to limit citizens lawful rights and
interests include:
a/ Promulgating legal documents
or other documents concerning the regulations on household registration, thus
limiting citizens lawful rights and interests;
b/ Promulgating legal documents
or other documents concerning the regulations on household registration in
contravention of the Residence Law and its guiding documents;
c/ Promulgating regulations to
limit citizens rights to freedom of residence ultra vires
or in violation of the order and procedures prescribed by law;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
dd/
Deliberately settling or declining to settle citizens requests for household
registration in contravention of legal provisions on residence, thus limiting
citizens lawful rights and interests.
3. Ministries, ministerial-level
agencies, government-attached agencies and Peoples Committees at all levels
have the responsibilities:
a/ To examine and scrutinize all
legal documents and other documents in their respective management domains
regarding the regulations on household registration in order to amend, annul or
propose competent bodies to amend, annul contents contrary to the Residence Law
and its guiding documents, which limit citizens lawful rights and interests;
b/ When promulgating legal
documents or other documents according to their competence concerning the
regulations on household registration, to ensure their compliance with the
Residence Law and its guiding documents; not to limit citizens lawful rights
and interests;
c/ To direct, inspect and
supervise agencies, organizations and individuals under their respective
management in the implementation of the Residence Law and its guiding
documents. To promptly detect and strictly handle agencies, organizations and
individuals under their respective management for acts of abusing the
regulations on household registration to limit citizens lawful, rights and
interests.
4. Citizens have the rights to
detect, promptly notify competent bodies of, and assist the latter in
preventing and handling, acts of abusing the regulations on household
registration to limit citizens lawful rights and interests.
Article 4. Citizens
residence places
1. A citizens residence place is
his/her lawful domicile, where he/she regularly lives. Citizens residence
places are their places of permanent or temporary residence.
Lawful domiciles may be those
under citizens ownership or use rights or be leased, lent or let for
free-of-charge stay by agencies, organizations or individuals in accordance
with law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Lawful domiciles include:
a/ Dwelling houses;
b/ Ships, boats or other craft,
which are used for lodging and daily-life activities of households or
individuals:
c/ Buildings other than those
specified at Points a and b of this Clause, which are used for lodging and
daily-life activities of households, individuals.
4. Permanent residence
registration is not made upon citizens movement to new domiciles in one of the
following cases:
a/ Their domiciles lie within
locations or areas where construction is forbidden or where the boundary
markers for protection of technical infrastructures, classified historical or
cultural relics are infringed upon;
b/ Their domiciles being
dwelling houses which totally lie on illegally occupied land;
c/ Their domiciles lie on the
land which competent state bodies have issued decisions to recover or domiciles
being dwelling houses with disputes over or complaints about ownership or use
rights to their parts or wholes being not yet settled under provisions of law
(except for cases where persons being paternal or maternal grandparents,
parents, wives, husbands and offspring come and live with one another);
d/ Their domiciles are distrained or confiscated for execution of judgments, or
are compulsorily purchased under decisions of competent state bodies;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 5. Papers proving
lawful domiciles
1. Papers proving lawful
domiciles for permanent residence registration are one of the following papers:
a/ Papers showing that citizens
lawful domiciles are under their ownership, including one of the following
papers:
- Papers certifying the
ownership rights to dwelling houses or papers on ownership rights to dwelling
houses, issued by competent bodies in different periods;
- Papers on residential-land use
rights under the provisions of land law (with dwelling houses on that land);
- Construction permits under the
provisions of construction law (for cases requiring such permits);
- Contracts on purchase and sale
of state-owned houses or papers on liquidation of state-owned houses;
- Contracts on house purchase or
papers proving the hand-over of dwelling houses and acceptance of dwelling
houses of enterprises which have the function of dealing in dwelling houses and
invest in the construction thereof for sale;
- Papers on purchase, sale,
donation, exchange, inheritance of dwelling houses, which are notarized or
authenticated by Peoples Committees of communes, wards or townships (below
referred to as commune-level Peoples Committees for short);
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Papers of courts or competent
state administrative bodies permitting the ownership of dwelling houses, which
have already taken legal effect;
- Papers certified by
commune-level Peoples Committees on dwelling houses, residential land free from
disputes over the ownership rights to dwelling houses, the rights to use
residential land, if one of the above-listed papers is unavailable;
- Papers proving the
registration of ships, boats or other craft under their ownership and addresses
of the original wharves of the craft used for lodging. If the registration
papers are unavailable, there must be the certification by commune-level
Peoples Committees that the ships, boats or other craft used for lodging belong
to their ownership or certification of the sale and purchase, donation, exchange,
inheritance of the ships, boats or other craft as well as their original
wharves.
b/ Papers proving the lease,
lending or letting for free-of-charge stay of lawful domiciles are contracts,
commitments to lease, lend or let for free-of-charge stay dwelling houses or
other buildings of agencies, organizations or individuals (in case of contracts
or commitments to lease, lend, let for free-of-charge stay the personal houses,
the notarization or authentication by commune-level Peoples Committees is required);
c/ Papers of agencies,
organizations, religious establishments on citizens domiciles which fall under
the cases specified at Point c and d, Clause 1, Article 26 of the Residence
Law;
d/ Papers of agencies or
organizations signed and sealed by their heads, proving the allocation and use
of dwelling houses, the transfer of dwelling houses, the possession of dwelling
houses built on land assigned by agencies or organizations for construction of
dwelling houses (for dwelling houses and land under the management of those
agencies or organizations) or certifying by commune-level Peoples Committees
that such dwelling houses are free from disputes over ownership or use rights.
2. Papers proving lawful
domiciles for temporary residence registration are one of the following papers:
a/ One of the papers specified
in Clause 1 of this Article;
b/ Citizens written commitment
that their domiciles belong to their use rights and are free from disputes over
the use rights, if one of the papers specified at Point a of this Clause is not
available.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 6. Time limits
for permanent residence registration
1. Within 24 months after their
movement to new lawful domiciles, the persons who change their lawful domiciles
or household representatives shall carry out procedures to register their
permanent residence at new lodging places.
2. Within 60 days after getting
the consent of the household registration book owners, the persons permitted by
the former to have their names entered in such household registration books or
their household representatives shall carry out procedures for permanent
residence registration.
3. Within 60 days after a child
is registered for a birth certificate, his/her father, mother or household
representative, nurturer or caretaker shall carry out procedures for
registration of such childs permanent residence.
Article 7. Conditions for
temporary residents to register their permanent residence in centrally run
cities
1. The following cases are
considered temporary residence for one consecutive year or, more in centrally
run cities:
a/ Continuous temporary
residence at a place in a centrally run city for one year or more;
b/ Continuous temporary
residence at different places in a centrally run city for one year or more at
all those places.
2. The temporary residence
duration is calculated from the date citizens register their temporary
residence to the date they file dossiers for permanent residence registration.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Papers on temporary residence
for a give period or certification of the temporary residence duration before
July 1, 2007, by the commune/ward/township police;
b/ Temporary residence books or
certification of the temporary residence registration duration by the commune/ward/township
police (for cases of temporary residence registration without the grant of
temporary residence books).
Article 8. Complaints,
denunciations and handling of violations
1. Those who violate legal
provisions on residence shall, depending on the nature and severity of their
violations, be disciplined, administratively sanctioned or examined for penal
liability; if causing damage, they shall pay compensations therefor
in accordance with law.
2. Organizations and individuals
may complain about or denounce acts of violating the law on residence.
Complaints and denunciations and the settlement thereof comply with the
provisions of the Law on Complaints and Denunciations.
Article 9. Implementation
effect
This Decree takes effect 15 days
after its publication in CONG BAO.
To annul Decree No. 51/CP of May
10, 1997, on household registration and management and Decree No.
108/2005/ND-CP of August 19, 2005, amending and supplementing a number of
articles of Decree No. 51/CP of May 10, 1997, on household registration and
management.
Article 10.
Implementation responsibilities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung