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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 104/2022/ND-CP
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Hanoi, December 21, 2022
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DECREE
ON AMENDMENTS TO DECREES ON SUBMISSION AND
PRESENTATION OF HOUSEHOLD REGISTER BOOKLETS, TEMPORARY RESIDENCE REGISTER
BOOKLETS UPON CARRYING OUT ADMINISTRATIVE PROCEDURES OR PROVIDING PUBLIC
SERVICES
Pursuant to the
Law on Government Organization dated June 19, 2015; the Law on amendments to
the Law on Government Organization and the Law on Organization of Local
Government dated November 22, 2019;
Pursuant to the
Law on Residence dated November 13, 2020;
At the proposal
of the Minister of Public Security;
The Government
promulgates a Decree on amendments to Decrees on submission and presentation of
household register booklets, temporary residence register booklets upon
carrying out administrative procedures or providing public services.
Article 1.
Amendments to Decree No. 61/2015/ND-CP dated July 9, 2015 on policies to
support job creation and the National Employment Fund amended according to
Decree No. 74/2019/ND-CP dated September 23, 2019
1. Point a, Clause 2, Article
28 shall be amended as follows:
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2. Replace some phrases at
Point b, Clause 2, Article 28 as follows:
Replace the phrase
"a copy of the identity card or household register booklet or temporary
residence register booklet" and the phrase "a copy of the identity
card or passport or household register booklet or temporary residence register
booklet" with the phrase "a copy of the identity card or citizen
identity card or birth certificate”.
3. Replace Form No. 1a issued
with Decree No. 74/2019/ND-CP dated September 23, 2019 with Form No. 1 issued
together with this Decree.
Annul Form No. 1b
issued together with Decree No. 74/2019/ND-CP dated September 23, 2019.
Article 2.
Amendments to certain articles and forms of Decree No. 146/2018/ND-CP dated
October 17, 2018 on elaboration and guidelines for the Law on Health Insurance
1. Clause 1, Article 5 shall
be amended as follows:
“1. Persons whose
names are inscribed in the same household registering their permanent
residence, except those persons specified in Article 1, 2, 3, 4 and 6 hereof.”.
2. Clause 2, Article 5 shall
be amended as follows:
“2. Persons whose
names are inscribed in the same household registering their temporary
residence, except those persons specified in Article 1, 2, 3, 4 and 6 hereof
and those who have already participated in health insurance as prescribed in
Clause 1 of this Article.”.
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4. Amend section 4, guidance
section in Form No. 4 issued together with Decree No. 146/2018/ND-CP dated
October 17, 2018 on elaboration and implementation of the Law on Health
Insurance as follows:
“4. As for an individual who registers to receive
results in person at the social security agency, when coming to receive the
payment of sum insured from health insurance, the official in charge of
application receipt and giving processing results shall give the following
guidelines:
a) The insured
receives the sum insured in person: The insured shall present an appointment
letter and citizen identity card or identification card.
b) Another person
receives the sum insured on behalf of the insured:
If he/she is a
relative of the insured: He/she shall present an appointment letter, citizen
identity card, or identification card and one of the proof as relative of the
insured, including: a copy of the birth certificate, or certificate of live
birth, or marriage certificate, or certificate of residence information, or
notice of personal identification number, and citizen information in the
National Population Database.
If he/she is a
guardian: He/she shall present an appointment letter, citizen identity card, or
identification card and one of the proof as natural guardian of the insured (a
copy of the birth certificate, or certificate of live birth, or marriage
certificate, or certificate of residence information, or notice of personal
identification number, and citizen information in the National Population
Database). In case there is no natural guardian as prescribed by law, an
appointment letter, identification card or citizen identity card, and decision
on recognition of guardianship issued by the competent authority shall be
provided.
If there is no
relative or natural guardian mentioned above, an appointment letter,
identification card or citizen identity card, power of attorney shall be
provided in accordance with current law.”.
Article 3.
Amendments to Point b Clause 1, Point b Clause 2, Point b Clause 3 Article 6 of
Decree No. 116/2016/ND-CP dated July 18, 2016 on policies to support students
and primary and secondary schools in severely disadvantaged communes and
villages
1. Point b, Clause 1, Article
6 shall be amended as follows:
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2. Point b, Clause 2, Article
6 shall be amended as follows:
“b) Submit a copy of
one of the following documents: citizen identity card, identification card,
certificate of residence information, notice of personal identification number
and citizen information in the National Population Databased in case agencies
or organizations are unable to access residence information of citizens in the
National Population Database.”.
3. Point b, Clause 3, Article
6 shall be amended as follows:
“b) Submit a copy of
one of the following documents: citizen identity card, identification card,
certificate of residence information, notice of personal identification number
and citizen information in the National Population Databased in case agencies
or organizations are unable to access residence information of citizens in the
National Population Database.”.
Article 4.
Amendments to Decree No. 105/2020/ND-CP dated September 8, 2020 on policies on
preschool education development
1. Point a, Clause 3, Article
7 shall be amended as follows:
“a) The parents or
caregivers of the children specified at Point a, Clause 1 of this Article
provide information about the children's personal identification numbers or of
the parents or caregivers;
Submit a copy of one
of the following documents: citizen identity card, identification card,
certificate of residence information, notice of personal identification number
and citizen information in the National Population Databased in case agencies
or organizations are unable to access residence information of citizens in the
National Population Database.”.
2. Point b, Clause 3, Article
8 shall be amended as follows:
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Article 5.
Amendments to Clause 1, Article 19 of Decree No. 81/2021/ND-CP dated August 27,
2021 on collection and management of tuition fees for educational institutions
under the national education system and the policy of tuition fee exemption and
reduction, support for study expenses; service charges in the field of
education and training
1. Replace the phrase "permanent residence booklet
or certification of permanent residence registration by the police authority
(in case the household register booklet is lost)" at Point b, Clause 1,
into "citizen identity card or identification card, certificate of
residence information or notice of personal identification number and citizen
information in the National Population Database in case the agency or
organization cannot access the residence information of citizens in the
National Population Database”.
2. Point dd, Clause 1, Article 19 shall be amended as
follows:
“dd) In case a
student has a citizen identity card and is granted a personal identification
number, information about permanent residence can be accessed from connecting
and sharing population data with other educational institutions, the Committee
Division of Education and Training, the Department of Education and Training,
the Division of Labor, War Invalids and Social Affairs, the Committee Division
of Finance, the Department of Finance, his/her parents (or guardian) are not
required to submit birth certificate and proof of permanent residence.”.
Article 6.
Amendments to point b clause 2 Article 7 of Decree No. 168/2016/ND-CP dated
December 27, 2016 on contracting forests, gardens, and water surface area in
management board of special-use forests, protection forests and state agriculture
and forestry limited liability company
Point b, Clause 2,
Article 7 shall be amended as follows:
“b) Application for
contracting
Application form for
contracting: Form 02 for individuals, households; Form 03 for community.
Village meeting
minutes (for village community): stating the agreement on request for
contracting; appointment of representative who enters into the contract.
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Article 7.
Amendments to clause 1 Article 3 of Decree No. 100/2015/ND-CP dated October 20,
2015 on development and management of social housing
Clause 1, Article 3
shall be amended as follows:
“1. Households and
individuals named in the same household registering permanent residence with
information updated in the National Population Database, Residence Database as
per the Law on Residence.”.
Article 8.
Amendments to Article 11 of Decree No. 137/2013/ND-CP dated October 21, 2013 on
elaboration of the Law on Electricity and Law on amendments to the Law on
Electricity
1. Point a, Clause 1, Article
11 shall be amended as follows:
“a) The electricity
purchaser must have active legal capacity as per the law, have a request for
electricity purchase and residence information of the household where the
electricity is purchased or supporting documents of ownership, management and
use of place where the electricity is purchased;”.
2. Clause 1a shall be added to
Clause 1 Article 11 as follows:
“1a. Application for
purchase of electricity for daily living of the purchaser in paper or
electronic form, containing; Application form for electricity purchase and one
of the following documents:
a) Citizen identity
card, identification card, certification of residence information, notice of
personal identification number and citizen information in the National
Population Database of the representative of the electricity purchaser. At a
place where electricity purchase is registered, the household purchaser can
only sign 01 Contract.
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3. Clause 4, Article 11 shall
be amended as follows:
“4. The Ministry of
Industry and Trade provides guidance on electricity purchase contracts for daily-life
purposes.”.
Article 9.
Amendments to Decree No. 99/2015/ND-CP dated October 20, 2015 on elaboration
and guidelines for the Law on Housing, amended by Decree No. 30/2021/ND-CP
dated March 26, 2021
1. Point c, Clause 1, Article 60 shall be amended as
follows:
“c) A copy of the
citizen's identity card or identification card or valid passport or military
card of the person applying for house lease; and also a copy of the marriage
certificate in case of husband and wife.”.
2. Point b, Clause 1, Article 69 shall be amended as
follows:
“b) A copy of the
citizen's identity card or identification card or valid passport or military
card of the person applying for house lease; and also a copy of the marriage
certificate in case of husband and wife.”.
3. Point b, Clause 1, Article 71a shall be amended as
follows:
‘b) Citizen's
identity card or identification card or valid passport or a document proving
membership in the people’s army according to regulations of the Ministry of
National Defense of the person applying for house lease; and also a copy of the
marriage certificate in case of husband and wife.”.
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1. Point dd, Clause 3, Article 7 shall be amended as
follows:
“dd) Submit a copy
of one of the following documents: Citizen identity card, identification card,
certification of residence information, notice of personal identification number
and citizen information in the National Population Database;”.
2. Point b, Clause 3, Article 9 shall be amended as
follows:
“b) The taxpayer
provides information on personal identification number or presents a
laissez-passer or a citizen identity card.”.
Article 11.
Amendments to point e clause 2 Article 21 of Decree No. 43/2014/ND-CP dated May
15, 2014 on elaboration and implementation of the Law on Land
Point e, Clause 2,
Article 21 shall be amended as follows:
“e) citizen identity
card or identity card or birth certificate; electricity, water bills and other
bills showing the residential address in the registered land plot. In case it
is impossible to access the residence information in the National Population
Database, the certificate of residence information shall be supplemented.”.
Article 12.
Amendments to point a, point b clause 2 Article 24 of Decree No. 19/2011/ND-CP
dated March 21, 2021 on elaboration and implementation of the Law on Adoption
Point a, point b,
Clause 2, Article 24 shall be amended as follows:
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b) Submit a copy of
one of the following documents: Citizen identity card, identification card,
certification of residence information, notice of personal identification
number and citizen information in the National Population Database of the
adopted child;”.
Article 13.
Annulling, replacing a number of phrases specified in the decrees
1. Annul the phrase "household register
booklet" at point a, clause 1, Article 1 of Decree No. 150/2018/ND-CP
dated November 7, 2018 on amendments to certain decrees on business investment
conditions and administrative procedures in the field of information and
communications.
2. Annul the phrase "during the transitional period,
applicants for registration of vital records must present documents proving
their residence" in Clause 1, Article 2 of Decree No. 123/2015/ND-CP dated
November 15 2015 on elaboration and guidelines for the Law on Civil Status.
3. Annul the phrase "number of household register
booklet (for a member being household)" and the phrase "household
register booklet (for a member being household)" at Point g, Clause 3,
Article 15 of Decree No. 45/2021/ND-CP dated March 31, 2021 on the
establishment, organization and operation of the Cooperative Development
Support Fund.
4. Annul the phrase "or household register booklet
that was issued before July 1, 2021" at Point b, Clause 1, Article 116 and
the phrase "or household register booklet that was issued before July 1,
2021" in Clause 1 of this Article. 3 Article 130 of Decree No. 131/2021/ND-CP
dated December 30, 2021 on guidelines for the Ordinance on Incentives for
people with meritorious services to the revolution.
5. Annul the phrase "household register
booklet" at Point b, Clause 2, Article 15 of Decree No. 11/2021/ND-CP
dated February 10, 2021 stipulating the assignment of certain sea areas to
organizations and individuals for exploitation and use of marine resources.
6. Replace the phrase "the household register
booklet of the entity or the written certification of the police of the
commune, ward or township" at Point a, Clause 1, Article 8 of Decree No.
20/2021/ND-CP of March 15, 2021 stipulating the social assistance policy for
beneficiaries of social protection into "certificate of information on
residence or notice of personal identification number and citizen information
in the National Population Database".
7. Replace the phrase "household booklet" in
Form No. 01 and Form No. 02 of Decree No. 57/2017/ND-CP dated May 9, 2017
stipulating priority policies for enrollment and study support for preschool
children, students of ethnic minorities with the phrase "citizen identity
card, identification card, certificate of residence information, notice of
personal identification number and citizen information in the National Population
Database”.
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1. Competent agencies, officials, public employees and
individuals assigned to receive and handle administrative procedures and provide
public services must use information on residence of citizens in the National
Population Database to handle administrative procedures and provide public
services.
2. Information about citizens' residence at the time of
carrying out administrative procedures shall be recorded and kept by officials,
public employees and individuals responsible for receiving and handling
administrative procedures on the System of administrative procedures at
ministerial and provincial levels.
The use of
information on citizens' residence in the National Population Database shall be
done by one of the following methods:
a) Look up and use
personal information through the System of administrative procedures at
ministerial and provincial levels connected to the National Population Database
or through the National Public Service Portal;
b) Look up personal
information through the citizen's electronic identity account displayed in the
VNeID application;
c) Use a reader
device that has been connected online to the National Population Database,
including a QRCode reader or a chip reader on a chip-based citizen ID card;
d) Other methods as
prescribed by special laws.
3. In case it is impossible to exploit citizens'
residence information by the methods mentioned in Clause 2 of this Article,
competent agencies, officials, public employees and individuals that are
assigned to handle administrative procedures and provide public services may
require citizens to submit a copy or present one of the documents proving
residency information.
The request for
citizens to submit copies or produce documents proving their residence
information is specified in the decision on announcement of administrative
procedures of the ministry, agency or local government or other notices of
services of service providers.
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Article 15.
Implementation
1. The ministers, the heads of the ministerial-level
agencies, the heads of the Governmental agencies, the presidents of the
People's Committees of the provinces and centrally-affiliated cities shall
implement this Decree and announce administrative procedures within their scope
of authority.
2. This Decree comes into force as of January 1, 2023.
3. From the effective date of this Decree, administrative
procedures and public services requiring the submission and presentation of household
register booklets and temporary residence register booklets shall be replaced
by the use of information on residence as prescribed in Article 14 of this
Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY MINISTER
Vu Duc Dam