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MINISTRY OF PUBLIC SECURITY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 66/2023/TT-BCA
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Hanoi, November 17, 2023
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 55/2021/TT-BCA
DATED MAY 15, 2021 OF THE MINISTER OF PUBLIC SECURITY ON ELABORATION OF
RESIDENCE LAW; CIRCULAR NO. 56/2021/TT-BCA DATED MAY 15, 2021 OF THE MINISTER
OF PUBLIC SECURITY ON FORMS USED FOR RESIDENCE REGISTRATION AND MANAGEMENT; AND
CIRCULAR NO. 57/2021/TT-BCA DATED MAY 15, 2021 OF THE MINISTER OF PUBLIC
SECURITY ON PROCEDURES FOR RESIDENCE REGISTRATION
Pursuant to the
Residence Law dated November 13, 2020;
Pursuant to the
Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions,
tasks, powers and organizational structure of the Ministry of Public Security;
At the request of the
Director of Police Department for Administrative Management of Social Order;
The Minister of Public
Security promulgates Circular on amendments to some Articles of Circular No.
55/2021/TT-BCA dated May 15, 2021 of the Minister of Public Security on
elaboration of the Residence Law; Circular No. 56/2021/TT-BCA dated May 15,
2021 of the Minister of Public Security on forms used for residence
registration and management; and Circular No. 57/2021/TT-BCA dated May 15, 2021
of the Minister of Public Security on procedures for residence registration.
Article
1. Amendments to some Articles of Circular No. 55/2021/TT-BCA dated May 15,
2021 of the Minister of Public Security on elaboration of the Residence Law
1. Article 3 shall be
amended as follows:
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1. Applications for
residence shall be received in person at residence registration authorities
(hereinafter referred to as “registration authorities”) or online via the
public service portal, VNeID application, or other online public services
according to regulations of law.
2. If applicants
submit their applications in person at registration authorities, they may
submit certified copies or copies issued from the master registers of documents
(hereinafter referred to as “copies”) or scan or photocopies of such documents
enclosed with their authentic copies for comparison.
In case
an applicant submits a scan or photocopy of the document enclosed with its
authentic copy, the application recipient shall inspect and compare the scan or
photocopy with its authentic copy and countersign it and shall not request the
applicant to submit a copy of such document.
3. In
case of online residence registration, an applicant shall declare his/her
information according to the provided electronic form, upload scans or
photocopies of valid documents which are not required to be notarized,
certified, digitally signed or confirmed by other forms or cite documents from
the organization or individual’s electronic data store; pay charges via the
online payment function or by other methods according to regulations of law.
After submitting the application, the applicant shall be issued with 01
tracking number to monitor and look up the application processing or receive
information for addition and completion of the application at request of the
registration authority.
If a
citizen uploads scans or photocopies of documents that are not digitally signed
or certified by other forms, the registration authority shall conduct
inspection and verification in order to settle residence procedures; the
citizen shall present the uploaded documents so that the registration authority
conducts inspection and comparison and verifies such documents in the
verification record. The registration authority shall not request the
citizen to submit these documents for storage.
4. Scans
or photocopies of valid and unexpired documents captured by electronic devices
shall be clear, complete, and accurate; and consularized and translated into
Vietnamese in accordance with regulations (in case of documents issued by a
foreign competent authority), unless exempt from consularization.
5. In case documents
proving eligibility for residence registration are shared and extracted from
the national database or the specialized database, the registration authority
shall not request citizens to submit or present such documents to process
residence registration procedures.
6. Residence procedure
results shall be notified in forms of physical or electronic documents or SMS.
7. The
registration authority has the right to reject applications for residence and
does not refund paid charges if it is found that the declared information is
not accuracy and the documents provided by the applicants have been edited or
forged.".
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“2.
Reports on residence of citizens, households, regulatory bodies and
organizations may be received by the following methods:
a) In
person at registration authorities;
b) Via
phone numbers and hotlines notified or posted by registration authorities;
c) Via
suggestion boxes and emails notified or posted by registration authorities;
d) Via
the web portal of the Government, web portal of the Ministry of Public Security
and websites of police authorities;
dd)
VNeID application and mass media.”.
3. Article 6 shall be
amended as follows:
“Article 6.
Determination of relationships with household owners and handling of some
residence registration and management cases
1. If a citizen’s
information is not available in the national population database or is
insufficient, the registration authority shall collect, inspect, verify, update
and add such information to the national population database before receiving
and processing residence procedures.
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3. The police authority
managing prisons, reformatories and compulsory education institutions and the police
authority managing temporary detention or custody of the Ministry of Public
Security shall cooperate with the police authority for administrative
management of social order in identifying and updating information on current
places of residence of people subject to temporary detention, people serving
imprisonment sentences, and people sent to reformatories, compulsory education
institutions or compulsory rehabilitation centers to the national population
database in an accurate and timely manner.
4. Relationships between
the members and the head of a household shall be determined as follows: wife,
husband, biological father, biological mother, mother or father in law,
adoptive father, adoptive mother, stepmother, stepfather, biological child,
daughter-in-law, son-in-law, adopted child, stepchild ; paternal
grandfather, paternal grandmother, maternal grandfather, maternal grandmother,
biological older brother, biological older sister, biological younger sibling,
biological niece/ nephew; half-siblings; brother-in-law, sister-in-law;
paternal great-grandfather/ great-grandmother, maternal great-grandfather/
great-grandmother, maternal/paternal grandchild, biological uncle, biological
aunt, biological great-grandchild; guardian, ward, persons staying without
paying rent, borrowing or renting the place of residence.
5. If the applicant has a
relationship with the lawful residence owner which is not registered as
permanent residence of any household according to Point a Clause 2 Article 20
of the Law on Residence, and it is not the case specified in Article 23 of the
Law on Residence, his/her application for permanent residence shall comply with
regulations in Clause 2 Article 21 of the Law on Residence.
6. If the applicant has a
relationship with the household owner/member of lawful place of residence that
he/she rents, borrows or stays in as their permanent residence according to
Point a Clause 2 Article 20 of the Law on Residence, his/her application for
permanent residence shall comply with regulations in Clause 2 Article 21 of the
Law on Residence.
7. If the applicant
eligible for conditions specified in Point a Clause 2 Article 20 of the Law on
Residence registers a lawful place of permanent residence that is a location
specified in Article 23 of the Law on Residence, his/her application for
permanent residence is not required to obtain consent of the owner who is
unidentified.
4. Clause 3 shall be
added to Article 8 as follows:
“3. A household owner
at a social support facility is an individual residing in the social support
facility and appointed by persons receiving care and support. In case of
disagreement about appointment of a person as a household owner, the household
owner will be a person receiving care and support under decision of the head of
the social support facility.
5. Clause 3 shall be
amended and Clauses 4 and 5 shall be added to Article 9 as follows:
“3. If a Vietnamese national
who resides overseas used a passport or an international travel document issued
by an authority of the foreign country or another document issued by a
competent authority in Vietnam for his/her previous entry into Vietnam, or the
Vietnamese passport that the Vietnamese national used for his/her previous
entry into Vietnam has been lost or expired, his/her application for permanent
residence shall contain documentary proof of Vietnamese citizenship according
to regulations of the Vietnamese law on nationality and documents used for
entry into Vietnam shall be presented upon registration of permanent residence
for the immigration authority of the Ministry of Public Security to consider
granting written permission for permanent residence registration.
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5. The registration
authority shall notify the overseas Vietnamese whose permanent residence
registration has been granted that his/her passport or an international travel
document issued by a competent authority of the foreign country cannot be used
for entry into or exit from Vietnam and that entry and exit documents issued by
the competent authority in Vietnam must be returned to the immigration
authority of the province for revocation and invalidation.”.
6. Clause 2 Article 10
shall be amended as follows:
“2. In case of change to
civil status information compared to information in the residence database,
documentary proof of permission for such change from the competent civil
registration authority shall be provided. If information on the change is
already available in the electronic civil status database, such documentary
proof is not required. If such information is updated and shared from the
electronic civil status database, the citizen is not required to carry out
procedures for adjustment to residence information.”.
7. Clause 3 shall be
added to Article 13 as follows:
“3. In case documents
proving lawful residence for registration of temporary residence are documents
allowing rental, lease, provision of provisional residence of organizations and
individuals, such documents are not required to be certified or verified.”.
8.
Clause 3 Article 15 shall be amended as follows:
“3. When someone comes to
stay with a household or at a healthcare establishment, a tourist accommodation
establishment, an accommodation establishment of an industrial park or other
types of lodging, the representative of the household or the establishment
shall notify the person of their stay by one of the methods specified in Clause
1 of this Article and in accordance with the following regulations:
a)
The owner or a member of the household or the representative of the
establishment of the industrial park or the tourist establishment shall request
the person to present one of the legal documents containing their personal
identification number as per the law and notify their stay to the registration
authority;
b) The representative of
the healthcare establishment shall make a list of persons receiving inpatient
treatment and notify their stay to the registration authority of province where
the healthcare establishment is headquartered.”.
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“Article
17. Residence information verification
1.
Each citizen may send a request for residence information verification to a
registration authority across the country regardless of his/her place of
residence in person at its head office or via the national public service
portal, VNeID application or other online public services according to
regulations of law.
2.
Residence information to be verified includes current place of residence,
previous places of residence, period of residence at each place, residence
registration type, and other residence information available in the residence
database and the national population database. Residence
information verification shall be valid for 01 year from the date on which the
verification is made. In case residence information of a citizen has been
changed or adjusted and the change is updated to the residence database,
residence information verification shall become invalid from the time of such
change or adjustment.
3. The
registration authority shall verify residence information at the request of the
citizen. If the residence information to be verified is available in the
national population database, the period of verification shall not exceed a
half of working day. If the information to be verified is not available
in the national population database or the residence database, the period of
verification shall not exceed 03 working days.”.
10.
Clause 2 Article 21 shall be amended as follows:
“2. Assist the Minister
of Public Security in directing, providing guidance for, inspecting and urging
police authorities to comply with regulations on residence registration and
management; provide guidelines for residence registration, thereby ensuring
community reintegration for persons who have completely served their prison
sentences.”.
11. Clause 7 Article 22
shall be amended as follows:
“7. Direct, inspect and
provide guidance on residence registration and management by district-level police
authorities; provide guidelines for residence registration, thereby ensuring
community reintegration for persons who have completely served their prison
sentences and return to reside in provinces; manage, operate and use the
residence database.”.
12.
Clause 2 Article 23 shall be amended as follows:
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13. The phrase
"Thông qua trang thông tin điện tử của cơ quan đăng ký cư trú hoặc qua Cổng
dịch vụ công quốc gia, Cổng dịch vụ công Bộ Công an, Cổng dịch vụ công quản lý
cư trú” (via websites of registration authorities or the national public
service portal, the public service portal of the Ministry of Public Security or
the public service portal for residence management) shall be replaced by the
phrase " Thông qua cổng dịch vụ công, ứng dụng VNeID hoặc dịch vụ công trực
tuyến khác” (via the public service portal, VNeID application or other online
public services" in Point c Clause 1 Article 15 and Point c Clause 1
Article.
14. Article 12 on
granting written permission for permanent residence registration at immigration
authority shall be annulled.
Article
2. Amendments to some Articles and forms of Circular No. 56/2021/TT-BCA dated
May 15, 2021 of the Minister of Public Security on forms used for residence
registration and management (hereinafter referred to as “Circular No.
56/2021/TT-BCA)
1. Clauses 1 and 2
Article 3 shall be amended as follows:
“1. A declaration
of change to residence information is used when a Vietnamese residing in
Vietnam carries out procedures for registration or deregistration of permanent
residence, household division, or adjustment to information on the residence
database, registration, deregistration or extension of temporary residence,
declaration or verification of residence information (code: CT01).
2. Declaration of change to
residence information (for overseas Vietnamese nationals) is used when an
overseas Vietnamese national who used a passport or an international travel
document issued by an authority of the foreign country or another document
issued by a competent authority in Vietnam for his/her previous entry into
Vietnam, or a Vietnamese passport that has been used for his/her previous entry
into Vietnam, and lost or expired carries out procedures for registration of
permanent residence (code: CT02).".
2. Point c and Point d
shall be added to Clause 2 Article 4 as follows:
"c) Depending
on agencies, organizations and individuals' demands, they may request
registration authorities to issue electronic notification of residence
procedure results or their electronic copies (including Forms CT03, CT07, CT08)
according to regulations of the law on administrative procedures by electronic
means;
d) In case of submission
of e-applications, agencies, organizations and individuals shall make
declaration according to electronic Form CT01 and send them to registration
authorities for consideration and settlement of residence procedures.”.
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1. Article 5 shall be
amended as follows:
“Article 5. Procedures
for receiving applications in person at registration authorities
1. Recipients shall
inspect and compare information stated in declarations of change to residence
information with that on the national population database and the residence
database in order to verify the accuracy of such information and identify cases
temporarily ineligible for change of places of residence (if any).
If the information is
unavailable or inconsistent, recipients shall request citizens to contact with
registration authorities of provinces where they are residing to have their
information collected and updated on the national population database according
to regulations of law.
2. Inspect applications
and extract, use, record and store residence information of citizens on the
national population database, the residence database, the specialized database,
and the electronic data storages of organizations and individuals at the time
of implementation of procedures and compare them with regulations of the
residence law. To be specific:
a) In case of valid
applications, receive such applications, make and print application receipt and
appointment notes; write their signatures and full names and send such notes to
citizens.
b) In case where
applications are eligible but forms and documents are unavailable or
declarations are incorrect or inadequate, provide specific and adequate
guidelines once so that citizens may complete their applications upon request.
In case where citizens may not complete their applications, recipients
shall make and print notes of guidelines for application completion, write
their signatures and full names and send them to these citizens. After such
citizens complete their applications, these recipients shall carry out
procedures for receiving applications.
c) In case where
applications are ineligible, recipients shall make and print application
rejection notes which contain reasons, write their signatures and send them to
citizens.”.
2. Article 6 shall be
amended as follows:
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1. Citizens’ applications
are transferred from public service portals, VNeID application or other online
public services to the residence management software of the national population
database.
2. After receiving
applications, recipients shall inspect and compare information declared on
public service portals, VNeID application or other online public services with
that on the national population database and the residence database in order to
verify the accuracy of such information and identify cases temporarily
ineligible for change of places of residence (if any).
3. Inspect applications
and extract, use, record and store residence information of citizens on the
national population database, the residence database, the specialized database,
and the electronic data storages of organizations and individuals at the time
of implementation of procedures and compare them with regulations of the
residence law. To be specific:
a) In case of valid
applications, recipients shall receive these applications and notify the time
for returning results.
b) In case where applications
are eligible but documents are unavailable or declarations are incorrect or
inadequate, recipients shall provide specific and adequate guidelines once so
that citizens may complete their applications upon request.
c) In case where
applications are ineligible, recipients shall reject such applications and
clearly state reasons.”.
3. Clauses 1, 2 and
3 Article 7 shall be amended as follows:
“1. Registration
authorities shall verify procedures for residence registration, verification of
residence information, household division, cancellation of results of
permanent/temporary residence registration and adjustment to residence
information
2. Verification specified
in Clause 1 of this Article shall be conducted as follows:
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b) The registration
authority shall send a residence information verification note to the
registration authority of province/district/commune where the citizen is
permanently/temporarily residing or another competent authority in order to
verify whether the right to freedom of residence of the citizen is restricted
according to regulations in Clause 2 Article 4 of the Residence Law and obtain
other necessary information for confirmation or adjustment to residence
information and completion of other residence procedures. If information
about restriction on the right to freedom of residence of the citizen is
available on the national population database, verification is not required;
c) In case the citizen
submits his/her application via the public service portal, VNeID application or
other online public services but documents proving eligibility for residence
registration are not digitally signed or certified by other forms, the local
manager shall contact with the citizen for verification, inspection and
comparison in order to ensure the accuracy and unification of such documents.
The citizen is not required to submit physical documents in person at the
registration authority.
3. Residence
verification and response to residence verification shall adhere to the
following principles
a) The submission and
receipt of residence information verification notes and response to
residence-related matters shall be conducted via the residence management
software, by post in people's public security forces or the verification shall
be conducted by the appointed officials. Residence information
verification notes must not be transferred to citizens for self-verification;
b) The requested agency
shall inspect and compare information to be verified with that on the residence
database, the residence dossier archive, and the citizen identification archive
(if necessary) and dossiers under its management or cooperate with professional
units in response to verification;
When the person whose
residence is being verified does not reside in the prescribed location or
his/her information to be verified is not correct to serve verification, the
requested unit shall promptly notify the verification note-making unit.
In any cases, the response to verification shall be given. During
verification, in case of detection of wanted persons, persons evading serving
their sentences or other information related to order and security, the
verifying unit shall quickly exchange information with relevant units to
cooperate in capturing such persons or adopting other measures;
c) Each residence
information note shall be approved and signed by the head of the registration
authority;
d) After receiving
residence verification notes, the requested unit shall give response to
verification within 02 working days.”.
4. The phrase “ứng dụng
trên thiết bị điện tử, Cổng dịch vụ công quốc gia, Cổng dịch vụ công Bộ Công
an, Cổng dịch vụ công quản lý cư trú” (the electronic application, the national
public service portal, the public service portal of the Ministry of Public
Security or the public service portal for residence management) shall be
replaced by the phrase “cổng dịch vụ công, ứng dụng VNeID hoặc dịch vụ công trực
tuyến khác” (the public service portal, VNeID application or other online
public services) in Clause 3, Article 8, Clause 3 Article 9, Clause 3 Article
10, Clause 3 Article 11, Clause 3 Article 12, Clause 3 Article 14, Clause 3
Article 15, Clause 3 Article 17 and Clause 3 Article 18.
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Article
4. Forms
This Circular is
promulgated together with the following forms:
1. Declaration of change
to residence information, coded CT01 and replacing Form CT01 issued
together with Circular No. 56/2021/TT-BCA.
2. Declaration of change
to residence information (for overseas Vietnamese without unexpired Vietnamese
passports), coded CT02 and replacing Form CT02 issued together with Circular
No. 56/2021/TT-BCA.
3. Temporary absence
declaration, coded CT03 and replacing Form CT03 issued together with Circular No.
56/2021/TT-BCA.
4. Application receipt
and appointment note, coded CT04 and replacing Form CT04 issued together with
Circular No. 56/2021/TT-BCA.
5. Note of guidelines for
completing application, coded CT05 and replacing Form CT05 issued together with
Circular No. 56/2021/TT-BCA.
6. Application rejection
note, coded CT06 and replacing Form CT06 issued together with Circular No.
56/2021/TT-BCA.
7. Written residence
confirmation, coded CT07 and replacing Form CT07 issued together with
Circular No. 56/2021/TT-BCA.
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9. Decision on annulment
of residence procedures, coded CT09 and replacing Form CT09 issued
together with Circular No. 56/2021/TT-BCA.
10. Residence information
verification note, coded CT10 and replacing Form CT10 issued together
with Circular No. 56/2021/TT-BCA.
11. Note of response to
residence verification, coded CT10a.
Article
5. Transitional provisions
Residence procedures
shall be received and processed via VNeID application, in a manner that meets
technical infrastructure requirements, and under decision of the Director of
Police Department for Administrative Management of Social Order
Article
6. Entry into force
This Circular comes into
force from January 01, 2024.
Article
7. Responsibility for implementation
1. The Director of Police Department for Administrative
Management of Social Order shall carry out monitoring, provide guidance,
conduct inspection and urge local police authorities to implement this
Circular.
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3. Any
difficulty arising during the implementation of this Circular shall be reported
to the Ministry of Public Security (via Police Department for Administrative
Management of Social Order) for guidance./.
MINISTER
General To Lam