LAW

ON RESIDENCE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for residence.

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Law provides for citizens' right to freedom of residence in the territory of the Socialist Republic of Vietnam; the residence registration and administration order and procedures; the rights and responsibilities of citizens, households, agencies and organizations regarding residence registration and administration.

Residence means a citizen's living at a place in a commune, ward or township in the form of permanent residence or temporary residence.

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This Law applies to Vietnamese agencies, organizations, households and citizens and overseas Vietnamese who still hold the Vietnamese nationality and return to live in Vietnam.

Article 3.- Citizens' right to freedom of residence

Citizens have the right to freedom of residence under the provisions of this Law and other relevant laws. Citizens qualified for registration of permanent residence or temporary residence may request competent state agencies to register their permanent residence or temporary residence.

Citizens' right to freedom of residence is only limited under decisions of competent state agencies and in accordance with the order and procedures prescribed by law.

Article 4.- Principles for residence and residence administration

1. Observing the Constitution and law.

2. Ensuring harmony between the lawful rights and interests of citizens and the interests of the State, the community and the society; combining the assurance of the right to freedom of residence and other fundamental rights of citizens and the responsibilities of the State with the performance of the tasks of socio-economic construction and development, the maintenance of defense and security and the preservation of social order and safety.

3. The permanent and temporary residence registration order and procedures must be simple, convenient, timely, accurate, public, transparent and trouble-free; residence administration must be efficient.

4. Every change in residence must be registered; each person may register his/her permanent residence or temporary residence at one place only.

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1. The State ensures citizens' right to freedom of residence. Agencies, organizations and individuals that violate citizens' right to freedom of residence shall be strictly handled.

The State adopts policies and synchronous measures to better and better ensure citizens' right to freedom of residence.

2. The State ensures budget, material foundations, human resources and investment in the development of advanced technologies and techniques for residence registration and administration activities.

Article 6.- Responsibilities for state management of residence

1. The Government exercises the unified state management of residence nationwide.

2. The Ministry of Public Security is answerable to the Government for performing the state management of residence.

3. People's Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of residence in their respective localities under the provisions of this Law, other relevant laws and the Government's decentralization.

Article 7.- International cooperation on residence management

The Socialist Republic of Vietnam State enters into international cooperation on residence administration in accordance with Vietnamese law and international law; and implement treaties relevant to residence administration to which the Socialist Republic of Vietnam is a contracting party.

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1. Obstructing citizens from exercising their right to freedom of residence.

2. Abusing the regulations on household registration to limit citizens' lawful rights and interests.

3. Taking bribes, showing authoritativeness and imperiousness, harassing for bribes or causing troubles in residence registration and administration.

4. Collecting or using residence registration fees in contravention of law.

5. Setting at one's own will the time, procedures, papers or forms in contravention of law or falsifying residence books and dossiers.

6. Deliberately granting or refusing to grant residence papers in contravention of law.

7. Taking advantage of the right to freedom of residence to infringe upon the interests of the State, the lawful rights and interests of organizations or individuals.

8. Hiring, leasing, borrowing, lending, forging, modifying or falsifying household registration books, temporary residence books or other papers related to residence.

9. Organizing, instigating, inciting, inducing, brokering, aiding or forcing other people to violate the law on residence.

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CITIZENS' RESIDENCE RIGHTS AND RESPONSIBILITIES

Article 9.- Citizens' rights to residence

1. To select and decide on their own places of permanent residence or temporary residence in accordance with the provisions of this Law and other relevant laws.

2. To be granted, re-granted, to renew household registration books, temporary residence book or other papers related to residence.

3. To be provided with information and documents related to the exercise of their rights to residence.

4. To request competent state agencies to apply measures to protect their rights to residence.

5. To complain about, denounce or take legal action against acts of violating the law on residence in accordance with law.

Article 10.- Cases of restricted right to freedom of residence

1. Persons banned from leaving their places of residence as a measure applied by competent bodies conducting legal proceedings.

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3. Persons subject to the measure of consignment to reformatories, medical treatment establishments or education camps but enjoying execution postponement or suspension.

Article 11.- Residence responsibilities of citizens

1. To abide by the provisions of law on residence.

2. To fully and accurately supply information and documents on their residence to competent bodies or persons and to be answerable for the supplied information and documents.

3. To pay a residence registration fee.

4. To produce household registration books, temporary residence books and other residence papers upon the request of competent agencies or persons.

5. To immediately report to residence registries on the loss or damage of household registration books, temporary residence books or other residence papers.

Article 12.- Places of residence of citizens

1. The place of residence of a citizen means a lawful domicile where such person regularly lives. The place of residence of a citizen may be a place of permanent residence or a place of temporary residence.

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Place of permanent residence means a place where a citizen lives regularly, stably and permanently at a given locality and has registered his/her permanent residence.

Place of temporary residence means a place other than the registered place of permanent residence where a citizen lives and has registered his/her temporary residence.

2. Where a citizen's place of residence defined in Clause 1 of this Article can not be identified, his/her place of residence is the place where he/she is living.

Article 13.- Places of residence of minors

1. A minor's place of residence is the place of residence of his/her father, mother; if his/her father and mother have different places of residence, the minor's place of residence is the place of residence of his father or mother with whom the minor regularly lives.

2. A minor may have a place of residence other than the place of residence of his/her father or mother if so agreed by his/her father or mother or provided for by law.

Article 14.- Places of residence of wards

1. A ward's place of residence is the place of residence of his/her guardian.

2. A ward may have his/her place of residence other than the place of residence of his/her guardian if so agreed by the latter or provided for by law.

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1. The place of residence of husband and wife is the place where the husband and wife regularly live together.

2. The husband and wife may have different places of residence if they so agree.

Article 16.- Places of residence of officers and men of the People's Army and the People's Police

1. The places of residence of persons who are doing their military service or serving for a given term in the People's Police are the places where their units station.

2. The places of residence of officers, non-commissioned officers, professional army men, military employees, defense workers; officers, non-commissioned officers, professional and technical officers and non-commissioned officers, workers and employees of the People's Police are the places where their respective units station, unless they have their places of residence provided for in Clause 1, Article 12 of this Law.

Article 17.- Places of residence of persons performing itinerant occupations

Places of residence of persons performing itinerant occupations on ships, boats or other mobile vehicles are the places where those ships, boats or vehicles are registered, unless they have their places of residence provided for in Clause 1, Article 12 of this Law.

Chapter III

PERMANENT RESIDENCE REGISTRATION

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Permanent residence registration means that citizens register their places of permanent residence with competent state agencies which carry out the procedures for permanent residence registration and grant household registration books to them.

Article 19.- Conditions for registration of permanent residence in provinces

Citizens who have lawful domiciles in any province may register their permanent residence in that province. Where their lawful domiciles are leased, lent or let for their free-of-charge stay by individuals, written consent of the lessors, the lenders or such individuals is required.

Article 20.- Conditions for registration of permanent residence in centrally run cities

Citizens falling in one of the following cases may register their permanent residence in centrally run cities:

1. Having lawful domiciles and having temporarily resided for one year or more in the cities. Where the lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required;

2. Obtaining the consent of persons who possess household registration books to have their names entered in such books if falling into one of the following cases:

a/ Wife returns to live with her husband; husband returns to live with his wife; children return to live with their fathers, mothers; fathers, mothers return to live with their children;

b/ Persons who are out of the working age, retire, leave their jobs for loss of their working capacity or quit their jobs and return to live with their siblings;

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d/ Minors who lose their parents or whose parents are incapable of nurturing them and return to live with their paternal grandparents, maternal grandparents, siblings, aunts, uncles or guardians;

e/ Single adults who return to live with their paternal or maternal grandparents.

3. Being transferred or recruited to work in agencies or organizations, who are salaried from the state budget or under labor contracts with an unspecified term and have lawful domiciles. Where their lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required;

4. Having previously registered their permanent residence in centrally run cities and now returning to live in those cities at their lawful domiciles. Where their lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, the lenders or such individuals is required.

Article 21.- Permanent residence registration procedures

1. Permanent residence registrants shall file their permanent residence registration dossiers with the following police offices:

a/ For centrally run cities, the dossiers shall be submitted at police offices of rural districts, urban districts or towns;

b/ For provinces, the dossiers shall be submitted at police offices of communes, townships, towns or provincial cities.

2. A permanent residence registration dossier comprises:

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b/ A paper on household registration transfer as provided for in Article 28 of this Law;

c/ Papers and documents evidencing the lawful domicile. For the case of transfer to a centrally run city, the documents proving that the subject person falls into one of the cases specified in Article 20 of this Law are also required.

3. Within fifteen days after the receipt of complete dossiers, the competent agencies defined in Clause 1 of this Article shall grant household registration books to permanent residence registration dossier submitters; in case of refusal to grant, they shall give written replies clearly stating the reasons therefor.

Article 22.- Deletion of permanent residence registration

1. Persons who fall into one of the following cases shall have their permanent residence registration deleted:

a/ They die or are declared by a court as missing or dead;

b/ They are enlisted into the People's Army or the People's Police and live in barracks;

c/ They are given decisions to delete their permanent residence registration as provided for in Article 37 of this Law;

d/ They settle abroad;

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2. Agencies competent to register the permanent residence are also competent to delete the permanent residence registration.

3. The specific procedures for deletion of permanent residence registration and adjustment of relevant dossiers, documents and books shall be stipulated by the Minister of Public Security.

Article 23.- Change of places of permanent residence registration in case of change of lawful domiciles

1. Persons who have already registered their permanent residence but change their lawful domiciles shall, within 24 months after their movement to the new lawful domiciles, carry out procedures to change their registered places of permanent residence.

2. The competent agencies defined in Clause 1, Article 21 of this Law shall create favorable conditions for citizens to change their registered places of permanent residence.

Article 24.- Household registration books

1. Household registration books are granted to households or individuals that have registered their permanent residence, and are valid for determination of citizens' places of permanent residence.

2. When household registration books are damaged or lost, they may be changed or re-granted.

3. The Ministry of Public Security shall issue the forms of household registration book and guide the grant, re-grant, renewal, use and management of household registration books for uniform application nationwide.

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1. A household registration book is granted to every household. Each household nominates a person who has full civil act capacity to act as household head to implement and guide the household members to implement the regulations on residence registration and administration. Where persons aged full eighteen years or older are not available or the persons aged full eighteen years or older lose their civil act capacity or have their civil act capacity restricted, a member of the household can be nominated to act as household head.

Persons living in the same lawful domicile and being bound in family ties as grandparents, parents, wife, husband, offspring, siblings and grand children may be granted a singe household registration book.

2. Many households that live together in a lawful domicile shall each be granted a household registration book.

3. Persons who do not fall into the cases specified in Paragraph 2 of Clause 1, this Article but fully meet the conditions specified in Articles 19 and 20 of this Law and are permitted by the household heads to be included in the latter's household registration books may be included in those household registration books.

Article 26.- Household registration books granted to individuals

1. Household registration books are granted to individuals in one of the following cases:

a/ Persons have full civil act capacity and domiciles independent from their families, persons live in single, persons are allowed for separate household registration books as provided for in Clause 1, Article 27 of this Law;

b/ Persons perform their itinerant occupations on ships, boats or other vehicles, if they do not live in households;

c/ War invalids, diseased army men, persons entitled to the State's preferential treatment policies, weak and lonely elders, disabled persons and others are nurtured and cared for in centers by agencies or organizations;

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2. Persons not defined in Paragraph 2, Clause 1 of Article 25, if fully meeting the conditions specified in Articles 19 and 20 of this Law and getting the consent of household heads to let them be included in household registration books granted to individuals, can be included in those household registration books.

Article 27.- Separation of household registration books

1. Cases where persons share the same lawful domicile and are entitled to household registration book separation include:

a/ Persons who have full civil act capacity and the need for household registration book separation;

b/ Persons who have been entered in household registration books as defined in Clause 3 of Article 25 and Clause 2 of Article 26 of this Law and get the household heads' written consent for separation from their household registration books.

2. Upon household registration book separation, an applicant shall produce the household registration book, written notification of changes in household registration, the number of household members; written consent of the household head, if he/she falls into the cases specified at Point b, Clause 1 of this Article.

3. Within seven working days after the receipt of complete dossiers, competent agencies shall return the results of household registration book separation; in case of refusal of the separation, they shall give a written reply clearly stating the reasons therefor.

Article 28.- Household registration transfer papers

1. When changing their places of permanent residence, citizens are granted household registration transfer papers.

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a/ They move to places outside a commune or township of a province;

b/ They move to places outside a rural district, urban district or town of a centrally run city; or provincial town or city.

3. Competence to grant household registration transfer papers is provided for as follows:

a/ Chiefs of the police offices of communes or townships shall grant household registration transfer papers to cases specified at Point a, Clause 2 of this Article;

b/ Chiefs of the police offices of rural districts, urban districts or towns of centrally run cities, chiefs of the police offices of provincial towns or cities shall grant household registration transfer papers to cases specified at Point b, Clause 2 of this Article.

4. A dossier for grant of household registration transfer paper comprises the household registration book and the written notification of change in household registration and the number of household members.

5. Within three working days after the receipt of complete dossiers, competent agencies shall grant household registration transfer papers to citizens.

Within ten days after the receipt of acceptance notices of the residence administration bodies of the localities where citizens are transferred to, the police offices of rural districts, urban districts, provincial towns or cities where the citizens leave shall transfer the household registration and administration dossiers to the police offices of the localities where such persons move to.

6. Citizens falling into one of the following cases are not required to obtain household registration transfer papers:

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b/ They are pupils, students or trainees at schools or other education institutions;

c/ They do their military service or serve for a given term in the People's Police;

d/ They are enlisted in the People's Army or the People's Police and live in barracks or dormitories;

e/ They are serving their imprisonment sentences or decisions on consignment to reformatories, education camps, medical treatment establishments or establishments for compulsory drug detoxification or probation.

Article 29.- Adjustment of changes in household registration books

1. In case of change of household heads, the households shall carry out procedures therefor. Persons who come to carry out such procedures shall produce household registration books; written notification of change in household registration, the number of household members; opinions of household heads or other family members on change of household heads.

2. In case of changes in family names, given names, middle names, birthdays, months and years or other changes in the civil status of persons named in household registration books, the household heads, the persons making such changes or authorized persons shall carry out procedures for adjustment. Persons who come to carry out the procedures shall produce the household registration books, birth certificates or decisions permitting the changes issued by agencies competent for civil status registration; and submit the written notification of changes in household registration and the number of household members.

3. In case of changes in administrative boundaries, administrative units, streets, house numbers, competent residence administration agencies shall base themselves on competent state agencies' decisions permitting the changes in administrative boundaries, administrative units, streets, house numbers to make adjustments in the household registration books.

4. In case of movement to new lawful domiciles within a commune or township of a province; movement within a rural district, urban district or town of a centrally run city; movement within a provincial town or city, the household heads, household members or authorized persons shall carry out procedures for adjustment. Persons who come to carry out the procedures for adjustment shall submit the written notification of change in household registration, the number of household members; produce household registration books and papers evidencing their new lawful domiciles.

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6. In case of carrying out procedures for adjustment of changes in household registration books, persons who come to carry out the procedures must have full civil act capacity; for minors, the procedures shall be carried out by their guardians or lawful representatives as provided for by civil law.

Chapter IV

TEMPORARY RESIDENCE REGISTRATION, STAY NOTIFICATION, ABSENCE DECLARATION

Article 30.- Temporary residence registration

1. Temporary residence registration means that citizens register their places of temporary residence with competent state agencies which carry out the temporary residence registration procedures and grant temporary residence books to them.

2. Persons who are living, working, laboring or studying at a place in a commune, ward or township but are not entitled for permanent residence registration in that locality shall, within thirty days after their arrival, register their temporary residence at the commune/ward/township police offices.

3. Persons who come to register their temporary residence shall produce their people's identity cards or papers certified by the police offices of the communes, wards or townships where they have registered their permanent residence; papers evidencing their rights to own or use such dwelling houses; submit the written notification of changes in household registration, the number of household members, household member declaration; where the lawful domiciles are leased, lent or let for free-of-charge stay by individuals, written consent of the lessors, lenders or such individuals is required.

4. Commune/ward/township police chiefs shall, within three working days after the receive of all papers specified in Clause 3 of this Article, grant temporary residence books made according to a form set by the Ministry of Public Security.

Temporary residence books granted to households or individuals having registered their temporary residence are valid for an unspecified term for determination of citizens' temporary residence places.

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5. For persons who have registered their temporary residence but do not live, work, labor or study for six months or more in the localities where they have registered their temporary residence, the agencies which have granted the temporary residence books shall delete such persons' names from the temporary residence registers.

Article 31.- Stay and stay notification

1. Stay means a citizen's stay for a given period of time at a place in a commune, ward or township other than his/her place of residence and he/she does not fall into a case of obligatory temporary residence registration.

2. Families, dormitories, medical treatment establishments, hotels, motels and other establishments where stay persons aged full fourteen years or older shall notify their stay to commune/ward/township police offices. The notification of stay may be made in person or by telephone. Commune/ward/township police offices shall notify people of the address and telephone numbers of the places where stay notifications are received.

3. Stay notification shall be made before 23.00 hrs; for persons who come to stay after 23:00 hrs, their stay shall be notified in the morning of the following day; where grandparents, parents, husbands, wives, children, grandchildren or siblings come to stay time and again, the stay notification are made only once.

4. Stay notifications are recorded in the stay reception books.

Article 32.- Absence declaration

1. Defendants or the accused who are on bail; persons who are sentenced to imprisonment but the judgment execution decisions are not yet issued or they are entitled to postponement or suspension of imprisonment; persons who are sentenced to imprisonment but enjoy suspended sentence; persons who are punished with non-custody reform; persons who are on probation; persons who are serving the measure of education in communes, wards or townships; persons who are subject to the measure of consignment to education camps, medical treatment establishments or reformatories but enjoy judgment execution postponement or suspension, when leaving their places of residence for one day or more, shall declare their temporary absence.

2. Persons who are in the military service age group or on the mobilization reserves, when leaving rural districts, urban districts, provincial towns or cities where they reside for three months or longer, shall declare their temporary absence.

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4. Commune, ward or township police offices shall provide guidance on the declared contents, check the declared contents and put signatures on the cards issued to temporary absence declarants.

Chapter V

RESIDENCE ADMINISTRATION RESPONSIBILITIES

Article 33.- The Ministry of Public Security's responsibilities for residence administration

1. To formulate and submit to the Government for promulgation or promulgate according to competence legal documents on residence.

2. To direct and organize the implementation of legal documents on residence.

3. To suspend or cancel according to competence or propose competent authorities to cancel residence administration regulations contrary to the provisions of this Law.

4. To promulgate residence forms, papers and books.

5. To organize the apparatus of, to train and foster, cadres performing the work of residence administration.

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

8. To enter into international cooperation on residence administration.

Article 34.- Responsibilities of People's Committees at all levels for residence administration

1. To organize the implementation of legal documents on residence in their respective localities.

2. To direct residence administration coordination among concerned local agencies.

3. To organize the propagation and education of the law on residence.

4. To examine, inspect and settle complaints and denunciations about residence and handle violations of the law on residence according to law.

Article 35.- Responsibilities of residence registration and administration agencies

1. To post up and guide agencies, organizations, individuals and households in implementing the provisions of law on residence.

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3. To grant household registration books, temporary residence books and other residence papers on time to citizens according to law.

4. To manage and archive dossiers and documents on residence registration and administration.

5. To promptly settle petitions, complaints and denunciations of citizens about residence and residence administration.

Article 36.- Persons performing residence registration and administration

1. Persons performing residence registration and administration must be trained in their profession and operation suitable to their assigned duties.

2. Persons performing residence registration and administration, while on duty, must show serious and amiable attitude and behaviors; receive and check relevant dossiers and documents, issue receipts, make appointment for the return of results and settle matters within the time limits prescribed by this Law; for insufficient or incorrect dossiers, they must provide specific and full guidance in writing and take responsibility before law for such guidance.

Article 37.- Cancellation of illegal registration of permanent residence or temporary residence

When responsible agencies or persons register permanent residence or temporary residence ultra vires, for wrong subjects and at variance with the conditions provided for by this Law, the heads of the immediate superior residence administration agencies shall cancel such registration. Based on decisions of competent agencies, the bodies which have registered the permanent residence or temporary residence shall delete the permanent or temporary residence registration; the previous agencies competent to register the permanent and temporary residence shall make re-registration.

Article 38.- Database on residence

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2. The collection, archival, processing and protection of residence data must satisfy the following requirements:

a/ Applying information technology to the collection, archival and processing of residence information in a full, prompt and accurate manner; ensuring data safety in strict accordance with the database principles and forms;

b/ Ensuring safety for residence information-storing equipment and residence records;

c/ Ensuring security of residence information on computer networks; ensuring safety of information and documents archived in the residence database; preventing and combating acts of damaging the residence database.

3. The exploitation and use of the residence database shall ensure the following requirements:

a/ All accesses to the residence database are subject to approval of heads of residence administration agencies;

b/ The supply and exchange of information and documents from the residence database for agencies, organizations and individuals shall be provided for by the Minister of Public Security;

c/ Agencies, organizations and individuals may not illegally copy or print out information and documents from the residence database.

4. The Government shall specify the residence database.

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1. Complaints and denunciations and the settlement of complaints and denunciations about acts of violating the law on residence comply with the provisions of this Law and the law on complaints and denunciations.

2. Those who violate the provisions of law on residence shall, depending on the nature and seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations therefor according to law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 40.- Implementation effect

This Law takes effect on July 1, 2007.

Article 41.- Review of legal documents related to household registration

The Government shall direct concerned agencies and organizations to review legal documents related to household registration and amend or cancel regulations that abuse household registration to restrict citizens' lawful rights and interests, or propose or direct competent agencies to do so.

Article 42.- Implementation detailing and guidance

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This Law was passed on November 29, 2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its 10th session

THE NATIONAL ASSEMBLY
PRESIDENT




Nguyen Phu Trong