Decree No. 154/2024/ND-CP dated November 26, 2024 on elaboration of and guidelines for the implementation of the Law on Residence
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THE
GOVERNMENT |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 154/2024/ND-CP |
Hanoi, November 26, 2024 |
DECREE
ON ELABORATION OF AND GUIDELINES FOR THE IMPLEMENTATION OF THE LAW ON RESIDENCE
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 Local Government Organization dated November 22, 2019;
Pursuant to the Law on Residence dated November 13, 2020;
Pursuant to the Law on Electronic Transactions dated June 22, 2023;
Pursuant to the Law on Identification dated November 27, 2023;
At the request of the Minister of Public Security;
The Government hereby issues this Decree on elaboration of and guidelines for the implementation of the Law on Residence.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides detailed regulations and guidelines for the implementation of the Law on Residence regarding:
1. Places of residence for individuals living or working in mobile occupations on ships, boats, or other movable vehicles.
2. Places of residence for individuals without a permanent or temporary residence.
3. Types of documents proving lawful residence, and documents proving personal relationships.
4. Registration of residence for minors, along with certain contents related to residence registration and management.
5. Applications and procedures for the deregistration of permanent residence.
6. Applications and procedures for the deregistration of temporary residence.
7. Information within the Residence Database, the development and management of the Residence Database, and the collection, updating, adjustment, management, connection, sharing, and retrieval of information in the Residence Database.
Article 2. Regulated entities
This Decree applies to agencies, organizations, and Vietnamese citizens within the territory of the Socialist Republic of Vietnam.
Chapter II
PLACE OF RESIDENCE, PERMANENT RESIDENCE REGISTRATION, AND TEMPORARY RESIDENCE REGISTRATION
Article 3. Place of residence for individuals living or working in mobile occupations on ships, boats, or other movable vehicles
1. The place of residence for individuals living or working in mobile occupations on ships, boats, or other movable vehicles used as dwellings (hereinafter referred to as “vehicles”) is the location where the vehicles are registered or where they are regularly parked or standing as prescribed in Clause 1, Article 16 of the Law on Residence.
2. The regular parking or standing location of the vehicles refers to the actual location where the vehicles are parked or standing, which must not fall within prohibited or restricted areas. The owner of the vehicles is responsible for identifying and registering this location with the commune-level People’s Committee or the district-level People’s Committee in areas without commune-level administrative divisions (hereinafter referred to as the commune-level People’s Committee) where the vehicles are parked or standing. If the owner of the vehicle has already signed a lease agreement for a terminal or obtained written approval for parking or standing from the agency or organization managing the location, registration is not required.
3. Citizens shall submit their residence registration applications and a Declaration Form requesting confirmation of the regular parking or standing location of the vehicles used as dwellings (hereinafter referred to as the Declaration Form) using Form No. 01 enclosed with this Decree. Applications may be submitted in person, online, or via public postal services to the residence registration authority. The residence registration authority shall forward the Declaration Form to the commune-level People’s Committee.
Within two working days from the date of receipt of the Declaration Form, the commune-level People’s Committee shall review and confirm the information. In case of refusal, the commune-level People’s Committee must provide a written explanation stating the reasons and send the relevant documents to the residence registration authority for further processing of the citizen’s residence registration.
4. In cases where the owner of the vehicles changes the regular parking or standing location, they are required to re-register in accordance with the provisions of Clause 3 of this Article.
Article 4. Place of residence for individuals without permanent or temporary residence
1. Individuals without a permanent or temporary residence must report their residence information using the Declaration Form for Residence Information Changes and submit it online, in person, or via public postal services to the residence registration authority at their current place of residence, as prescribed in Article 19 of the Law on Residence.
If information is missing, incomplete, or inaccurate in the National Population Database or the Residence Database, the residence registration authority at the citizen’s current place of residence is responsible for receiving, reviewing, and verifying the information and documents provided by the citizen. They must collect, update, and adjust the citizen’s information in accordance with legal regulations.
2. If, upon review, the residence registration authority identifies that the citizen is required to report their residence information, they must guide and request the citizen to do so. The citizen must report their residence information within 30 days from the date the residence registration authority issues the request, as stipulated in Clause 1 of this Article.
3. If the review and verification process reveals that the residence information provided by the citizen is incomplete, inaccurate, or unverifiable, the residence registration authority shall issue a written or electronic notice rejecting the information and request the citizen to re-declare for further review and verification (except in cases where the re-declared information matches previously verified results). The timeline for re-verification is the same as for initial verification.
If, after review and verification, there is sufficient evidence to confirm that the reporting individual is a Vietnamese citizen and their reported information is complete and accurate, the residence registration authority will collect and update this information in the National Population Database. They will then request the Ministry of Public Security’s identity management agency to assign a personal identification number to the citizen in accordance with the law. Upon the citizen’s request, the residence registration authority must issue a Certificate of Residence Information.
4. The Certificate of Residence Information includes basic information about the citizen: full name, personal identification number; date of birth; gender; nationality; ethnicity; religion; place of origin; place of birth registration; current place of residence; date of residence declaration; full name of the household head; relationship with the household head; and the household head's personal identification number.
5. Citizens who have been issued a Certificate of Residence Information are responsible for registering permanent or temporary residence as soon as they meet the conditions and complete the procedures specified in the Law on Residence. If they do not yet meet the conditions for permanent or temporary residence registration but experience changes in personal or identity information, they must report such changes to the residence registration authority that issued the Certificate of Residence Information. This ensures review, verification, updating, and adjustment of their information in the National Population Database and the Residence Database.
Article 5. Documents, materials, and information proving lawful residence
1. Citizens must provide information to prove their lawful residence to the residence registration authority when submitting residence registration applications. The residence registration authority is responsible for retrieving this information from electronic identification cards, through the national identity verification and authentication system via the National Identity Application, or from the National Population Database, Residence Database, Electronic Data Repository for organizations and individuals on the National Public Service Portal, administrative procedure resolution systems at ministerial and provincial levels, or other national and specialized databases.
If information proving lawful residence cannot be retrieved from the databases, information systems, or the national identity application, the residence registration authority must verify and process the residence procedures. Citizens must provide copies, photographs, or electronic versions of documents or materials proving lawful residence upon the request of the residence registration authority.
2. Documents proving lawful residence for permanent residence registration include one of the following:
a) Documents certifying the right to use land or the ownership of property on land issued by competent authorities over time, as prescribed by laws on land and housing;
b) Housing construction permits or temporary housing construction permits for cases requiring a construction permit, as prescribed by construction laws;
c) Documents for the purchase of state-owned housing or documents on the Government valuation, pricing, or liquidation of housing attached to residential land owned by the State, as prescribed by law;
d) Housing purchase contracts or documents proving the handover or receipt of housing from real estate enterprises that invest in housing construction for sale;
dd) Documents for the purchase, lease-purchase, gifting, inheritance, capital contribution, or exchange of housing, in accordance with laws on land and housing;
e) Documents granting charitable housing, gratitude housing, or solidarity housing, or documents allocating residential housing or land to individuals or households;
g) Legal documents from courts or competent state authorities affirming the ownership of housing;
h) Documents proving the mortgage or pledge of ownership rights over lawful residences;
i) Certification from the commune-level People’s Committee regarding the stable use of housing or residential land, with no disputes and not located in areas where new permanent residence registration is prohibited, as per Form No. 02 enclosed with this Decree;
k) Documents proving vehicle registration and ownership and confirmation of the regular parking or standing location place of the vehicle, except in cases where registration of regular parking or standing locations is not required under Clause 2, Article 3 of this Decree;
l) Notarized or certified lease, loan, or consent for accommodation agreements, as prescribed by law;
m) Any other documents required for consideration when issuing a certificate of land use rights or ownership of other property on land, as prescribed by laws on land and housing over time.
3. Documents proving lawful residence for temporary residence registration include one of the following:
a) Any documents specified in Clause 2 of this Article, except for documents proving lawful residence in the form of lease, loan, or consent for legal accommodation agreements from an organization, individual, or agency, which do not require notarization or certification;
b) A written declaration by the citizen affirming that they have a residence under their own use rights, free of disputes regarding such rights, and that they have been living stably and long-term at that residence if none of the documents specified in Point a of this Clause are available. The declaration must include: full name; date of birth; personal identification number; place of residence; information about the residence proposed for temporary registration; and the citizen’s affirmation;
c) Documents from the owner of a tourist accommodation establishment or other lodging facilities permitting the individual to register for temporary residence at such facilities;
d) Documents from the managing authority of an industrial park, export-processing zone, or economic zone permitting workers to register for temporary residence at accommodations under the authority's ownership or management as prescribed by law;
dd) Documents from agencies or organizations managing construction projects, construction sites, dormitories, craft villages, or production and business facilities permitting workers to register for temporary residence at accommodations under their ownership or management as prescribed by law.
4. Documents proving compliance with minimum housing area requirements for permanent residence registration in legal residence obtained through lease, loan, and consent for accommodation as stipulated in Clause 3, Article 20 of the Law on Residence include one of the following:
a) Documents specified in Clause 2 of this Article that indicate the housing area;
b) Certification from the commune-level People’s Committee regarding the average housing area conditions meeting the standards set by the Province-level People’s Council, following Form No. 02 enclosed with this Decree.
Article 6. Documents and information proving identity relationships
1. Citizens shall provide information on their identity relationship with the household head or other household members to the residence registration authority when submitting their residence registration application. The residence registration authority is responsible for retrieving this information from the electronic identification card, electronic identification account in the identification and authentication system via the National Identification Application, or from the National Population Database, Residence Database, the electronic data management repository for organizations and individuals on the National Public Service Portal, the Information System for Administrative Procedure Settlement at the ministerial and provincial levels, or other national or specialized databases.
In cases where identity relationship information cannot be retrieved from the mentioned databases or systems, the residence registration authority is responsible for verifying such information to process the residence registration. Citizens must provide copies, scanned images, or electronic versions of one of the documents proving identity relationships when requested by the residence registration authority.
2. If information cannot be retrieved as specified in Clause 1 of this Article, documents proving identity relationships as prescribed in Point a, Clause 2, Article 20 of the Law on Residence include:
a) Documents proving the relationship between husband and wife: marriage certificate; marital status confirmation; identity card (using encoded information stored in the storage component of the identity card); confirmation from the commune-level People’s Committee at the place of residence regarding the marital relationship;
b) Documents proving the relationship between parents and children: birth certificate; certification or decision on child adoption; decision on recognition of parent-child relationships; confirmation from the commune-level People’s Committee at the place of residence; identity card (using encoded information stored in the storage component of the identity card); court decisions, civil status extracts, or documents from medical or forensic institutions regarding the parent-child relationship;
c) In addition to the aforementioned documents, agencies or organizations where the citizen works, resides, or studies may, based on personal files and records, confirm spousal or parent-child relationships for their staff, employees, or members.
3. In cases where information cannot be retrieved as specified in Clause 1 of this Article, documents proving personal identification and identity relationships for individuals falling under the categories specified in Points b and c, Clause 2, Article 20 of the Law on Residence include:
a) Documents proving the relationship between siblings: birth certificate, confirmation from the commune-level People’s Committee at the place of residence, or confirmation from a competent authority in accordance with civil status laws;
b) Documents proving the relationship with grandparents (both paternal and maternal), great-grandparents (both paternal and maternal), uncles, aunts, and nieces/nephews: birth certificate; confirmation from the commune-level People’s Committee at the place of residence; or confirmation from a competent authority in accordance with civil status laws;
c) Documents proving guardianship relationships: guardianship appointment decision; guardianship registration extract; citizen identification card, personal identification card; or confirmation from the commune-level People’s Committee at the place of residence;
d) Documents proving the absence of parents: death certificate of the parents or a court decision declaring the parents missing or deceased; or confirmation from the commune-level People’s Committee at the place of residence regarding the parents' death;
dd) Documents proving status as an elderly person: birth certificate, citizen identification card, personal identification card (using encoded information stored in the storage component of the card); membership card of the Vietnam Association of the Elderly; passport; social insurance book, health insurance card; or confirmation from the commune-level People’s Committee regarding the date of birth;
e) Documents proving status as a person with severe or special disabilities, a person incapable of working, or a person with mental illness or other conditions impairing cognitive or behavioral control: certification from a medical facility at the district level or higher, or confirmation from the commune-level People’s Committee at the place of residence;
g) Documents proving status as a minor: birth certificate, citizen identification card, personal identification card (using encoded information stored in the storage component of the card); passport; health insurance card; or confirmation from the commune-level People’s Committee at the place of residence regarding the date of birth.
Article 7. Registration of residence for minors
1. In cases where a minor registers permanent or temporary residence at the permanent or temporary residence of their parents or one parent, the parent(s) or guardian shall complete the declaration and provide confirmation in the Residence Information Change Declaration.
If a minor registers permanent or temporary residence at a location that is not the permanent or temporary residence of their parents or guardian, the parent(s) or guardian shall complete the declaration and provide confirmation in the Residence Information Change Declaration. In cases where a court has assigned custody of the minor to one parent, the designated parent shall complete the declaration and provide confirmation in the Residence Information Change Declaration.
2. Within a maximum of 60 days from the date of the minor's birth registration, the parent(s), head of household, or guardian is responsible for completing the procedures for permanent or temporary residence registration and reporting the minor's residence information. If the parents of the minor have a registered permanent residence that is not their actual place of living, the minor may register permanent residence at the parents' permanent residence.
3. If the parents of a minor do not have either permanent or temporary residence, the minor's residence information shall be declared in accordance with Article 4 of this Decree.
4. For first-time permanent or temporary residence registration for minors under the provisions of Clauses 1 and 2 of this Article, the residence registration authority is not required to verify the legality of the accommodation or the residency status.
Article 8. Certain provisions on residence registration and management
1. If a citizen registers permanent residence at a lawful residence they own, and the accommodation has multiple co-owners, the consent of the other co-owners is not required.
2. In cases of permanent residence registration as stipulated in point a, clause 2, Article 20 of the Law on Residence, where the lawful residence has multiple co-owners, the consent of at least one co-owner is sufficient.
3. For permanent residence registration not governed by point a, clause 2, Article 20 of the Law on Residence, and where the lawful residence has multiple co-owners, the consent of all co-owners or their authorized representatives in writing (with notarization or certification as required by law) is necessary.
4. In cases of permanent residence registration at a lawful residence owned by individuals who are incapacitated, have cognitive or behavioral difficulties as stipulated by the Civil Code, are under 18 years old, declared missing, or deceased, consent is required from at least one of the lawful representatives or heirs of the owner in accordance with the law.
5. Consent from the household head, owner of the lawful residence, legal representative, heir, parents, or guardian, as required by law, can be obtained through one of the following methods:
a) Clearly stating their consent and signing their full name on the Residence Information Change Declaration;
b) Confirming their consent via the National Identity Application, online public services, or through direct consultation and verification by the residence registration authority;
c) Providing written consent.
6. When a household relocates, the head of the household shall complete the residence registration for themselves according to the conditions and procedures set forth in the Law on Residence, and include information for other household members in the Residence Information Change Declaration.
7. If one or more household members relocate, one of those members shall register their residence individually according to the conditions and procedures of the Law on Residence. The person completing the procedure may include other household members in the Residence Information Change Declaration without needing to submit separate applications or complete additional residence registration procedures for the other members.
8. The residence registration authority is responsible for guiding, receiving, and processing applications for permanent or temporary residence registration for citizens who move to a lawful residence outside their previously registered or declared residence as prescribed in the Law on Residence. If the citizen does not meet the conditions for permanent or temporary residence registration at the new location, the authority must update the citizen's current place of residence in the Residence Database and the National Population Database.
9. Citizens registering temporary residence with a household as specified in clause 2, Article 20 of the Law on Residence, where the household head or the lawful residence owner has consented, are not required to present or provide documents proving lawful residence. Upon the expiration of the temporary residence term, a representative of the household members may declare and register for an extension of temporary residence for themselves or other household members with the consent of the lawful residence owner, without needing to provide documents proving lawful residence.
10. If a residence registration authority processes applications for permanent or temporary residence registration, or other residence-related procedures, without proper authority, or for ineligible individuals under the Law on Residence, the authority must nullify the processed results, restore the previous residence status and information, and notify the registered individual in writing, clearly stating the reasons.
11. For citizens who had registered permanent or temporary residence but were subsequently deregistered and whose current place of residence cannot be identified, the residence registration authority that processed the deregistration is responsible for continuing to implement residence management measures for such cases.
12. Confirmation of housing area conditions for permanent residence registration at accommodations obtained through lease, loan, or consent; residential houses or land without disputes over ownership or land use rights, and not located in areas prohibited for new permanent residence registration as specified in Point i, Clause 2, and Point b, Clause 4, Article 5 of this Decree:
a) Citizens submit a single application for confirmation via online platforms, in person, or through public postal services to the commune-level People's Committee where they reside;
b) The application includes a Declaration for Confirmation, as per Form No. 02 enclosed with this Decree;
c) Within two working days from the date of receiving the complete application as specified in point b of this clause, the commune-level People's Committee reviews the application, provides confirmation, and delivers the results to the citizen. In case of refusal, the Committee must issue a written response, clearly stating the reasons;
d) If citizens submit the confirmation application to the residence registration authority together with their permanent or temporary residence registration application, the residence registration authority must forward the confirmation application to the commune-level People's Committee for review and resolution.
Article 9. Applications and procedures for permanent residence deregistration
1. Within 7 days from the date a household member falls under the category for permanent residence deregistration, the individual concerned or the household representative is responsible for initiating the procedure to deregister the permanent residence.
2. The application for permanent residence deregistration includes: A Declaration for Change of Residence Information and supporting documents proving eligibility for permanent residence deregistration.
3. Applicants must submit one application via online methods, in person, or through public postal services to the residence registration authority.
4. If the individual subject to permanent residence deregistration does not have information in the National Population Database, or if their information is incomplete or inaccurate, the residence registration authority is responsible for collecting and updating the information in the database.
5. Within 5 working days from the date of receiving a valid application, the residence registration authority processes the permanent residence deregistration for the citizen and updates the change in both the Residence Database and the National Population Database.
6. If the individual subject to permanent residence deregistration or the household representative fails to initiate the procedure, the residence registration authority is responsible for: conducting checks and verification, preparing a record of non-compliance, proceeding to deregister the permanent residence for the citizen.
7. Agencies and units managing individuals studying, working, or serving in the people's armed forces must submit written requests to the residence registration authority in the locality of their stationed area to deregister the permanent residence for individuals under their management. The written request must include: full name, middle name, and birth name; date of birth; personal identification number or 9-digit citizen ID number; of the individual subject to permanent residence deregistration; and the reason for the deregistration request.
8. Within 1 working day from the receipt of information about individuals subject to permanent residence deregistration, as per clause 1, Article 24 of the Law on Residence, the residence registration authority must verify, process the deregistration, and update the change in the Residence Database and the National Population Database.
9. After the permanent residence deregistration, the residence registration authority must notify the affected individual or household representative in writing, either via paper documents, electronic forms, or other electronic vehicles.
Article 10. Applications and procedures for temporary residence deregistration
1. Within 7 days from the date a household member falls under the category for temporary residence deregistration, the individual concerned or the household representative is responsible for initiating the procedure to deregister the temporary residence.
2. The application for temporary residence deregistration includes: A Declaration for Change of Residence Information and supporting documents proving eligibility for permanent residence deregistration.
3. Applicants must submit one application via online methods, in person, or through public postal services to the residence registration authority.
4. If the individual subject to temporary residence deregistration does not have information in the National Population Database, or if their information is incomplete or inaccurate, the residence registration authority is responsible for collecting and updating the information in the database.
5. Within 3 working days from the date of receiving a valid application, the residence registration authority must process the temporary residence deregistration for the citizen and update the change in both the Residence Database and the National Population Database.
6. If a household has only one member, or if the individual subject to temporary residence deregistration or the household representative fails to initiate the procedure, the residence registration authority must conduct checks and verification, prepare a record of non-compliance, proceed to remove the temporary residence registration for the citizen.
7. Agencies and units managing individuals studying, working, or serving in the People's Armed Forces must submit written requests to the residence registration authority in the locality of their stationed area to deregister the temporary residence for individuals under their management. The written request must include full name, middle name, and birth name; date of birth; personal identification number or 9-digit citizen ID number of the individual subject to temporary residence deregistration; reason for the deregistration request.
8. Within 1 working day from the receipt of information as stipulated in clause 1, Article 29 of the Law on Residence through the connection, sharing, and synchronization of data from national, specialized, or other databases managed by agencies or organizations, the residence registration authority must verify, process the removal, and update the change in both the Residence Database and the National Population Database.
9. After completing the temporary residence deregistration, the residence registration authority must notify the affected individual or household representative in writing, either via paper documents, electronic forms, or other electronic vehicles.
Chapter III
RESIDENCE DATABASE
Article 11. Information in the Residence Database of citizens
The information in the Residence Database of citizens includes:
1. Residence file number.
2. Information specified in Clauses 1 to 15, Clauses 21 to 25 of Article 9, and Clause 4 of Article 15 of the Law on Identification.
3. Other aliases.
4. Permanent residence, starting date of permanent residence; reasons and date for the permanent residence deregistration.
5. Temporary residence, starting date of temporary residence, duration of temporary residence; reasons and date for the temporary residence deregistration.
6. Status of temporary absence declaration, subject of temporary absence declaration, duration of temporary absence, destination during temporary absence, and end date of temporary absence.
7. Current place of residence and the starting date of residence at the current place.
8. Places of accommodation and duration of accommodation.
9. Criminal records.
10. Administrative violations.
11. Preventive measures imposed.
12. Expungement of criminal records.
13. Number, name of the agency or authority, date, month, and year of issuance of the documents regarding granting Vietnamese citizenship, renunciation of Vietnamese citizenship, revocation of Vietnamese citizenship, cancellation of the decision on granting Vietnamese citizenship.
14. Number, date, month, year, and issuing agency of the decision regarding warrants of arrest, search notices, or suspension of warrants.
15. Other information about citizens integrated and shared from other databases.
Article 12. Requirements for the development and management of the Residence Database
1. The Residence Database shall be centrally developed and uniformly managed by the identification management authority of the Ministry of Public Security.
2. The Residence Database shall be developed in accordance with information technology standards and technical regulations, technical and economic norms, ensuring connectivity with the National Population Database and other relevant national and specialized databases. It must operate stably and continuously.
3. Ensure information security, data safety, personal data protection, and convenience for data collection, updating, adjustment, retrieval, and usage.
4. Guarantee the right of agencies, organizations, and individuals to access information as prescribed by law.
5. Ensure that information collection, updating, and adjustment are accurate, timely, and comprehensive. All information collected, updated, and adjusted about residents must be fully stored in the database.
Article 13. Collection, updating, adjustment, management, connectivity, sharing, and use of information in the Residence Database
1. Information in the Residence Database is collected, updated, and adjusted from the following sources:
a) Information shared and synchronized from the National Population Database, Identification Database, and other national or specialized databases;
b) Archives managed by the People's Public Security forces, residence registration and management records, and results of administrative procedures and public services;
c) Digitized information provided by organizations and individuals;
d) Information from other sources as prescribed by law.
2. The collection, updating, and adjustment of citizens' information into the Residence Database must meet the following requirements:
a) Information about citizens must be accurate when collected, updated, or adjusted in the Residence Database;
b) If information about citizens is collected or updated from multiple sources and there are discrepancies, the commune-level police shall coordinate with civil status registration agencies, relevant authorities, or the citizens themselves to verify the legality of the information. The commune-level police shall be responsible for the accuracy of the information before collecting or updating it into the Residence Database.
In cases where citizens discover incomplete or inaccurate information about themselves or household members in the Residence Database, they are required to provide information, supporting documents, and submit a request to the commune-level police where they reside. The police will review, update, and adjust the information in accordance with the law and notify the results to the citizen.
c) All information about citizens that has been collected and updated in the Residence Database must be fully stored and must reflect the history of all updates, changes, and adjustments.
3. Information shared from the Residence Database to the National Population Database includes:
a) Permanent residence information, including the start date, reasons, and the date of deregistration of permanent residence;
b) Temporary residence information; including the start date, duration, and reasons for deregistration of temporary residence;
c) Temporary absence declaration status;
d) Current place of residence;
dd) Full name, personal identification number, and 9-digit ID card number of the household head and household members;
e) Information about the household head and relationships with the household head;
g) Other information as prescribed by law.
4. The connection and information sharing between the Residence Database and other information systems or databases shall be carried out based on an agreement between the Ministry of Public Security and the managing authority of the respective information system or database, to support management tasks within their assigned functions and duties; ensuring confidentiality, information security, safety, and the protection of personal data.
5. Cases where information and documents in the Residence Database may be retrieved:
a) Presiding agencies may access information and documents in the Residence Database to serve judicial activities within their assigned functions, duties, and powers;
b) Authorities managing specialized databases, state agencies, political organizations, and socio-political organizations may retrieve information and documents in the Residence Database for official purposes within their assigned functions, duties, and powers;
c) Citizens may retrieve their own information and documents in the Residence Database;
d) Organizations and individuals not covered under points a, b, or c above must obtain permission from the residence registration authority and the individual subject of the information to retrieve personal information in the Residence Database. For individuals unable to consent due to legal incapacity, difficulties in cognition or behavioral control under the Civil Code, being under 14 years old, declared missing, or deceased, permission must also be obtained from one of their lawful representatives or heirs as specified in point dd of this Article;
dd) Persons declared legally incapacitated, persons with cognitive or behavior control difficulties as prescribed by the Civil Code, and individuals under 14 years of age may access their own information through their legal representatives.
Information retrieval for individuals declared missing is decided by their lawful representatives.
Information retrieval for deceased individuals is decided by their legal heirs.
6. Retrieval to citizens' information and documents in the Residence Database:
a) Agencies, organizations, and individuals mentioned in Clause 5 of this Article may retrieve information in the Residence Database by submitting a written request;
b) Written requests for information retrieval must be sent to the residence registration authority where the citizen resides;
c) The written request must specify the purpose, content, and scope of the information to be retrieved in the Residence Database. It must also include a declaration of responsibility for the proper use of the retrieved information. For cases falling under Points d and đ of Clause 5, the request must explicitly reflect the consent of the subject of the information being retrieved.
d) Within one working day, the head of the residence registration authority where the citizen resides must review, approve, and provide the requested information to the requesting agency, organization, or individual;
dd) If the request for information retrieval is denied, the authority must issue a written response clearly stating the reasons for the denial.
Chapter IV
IMPLEMENTATION
Article 14. Responsibilities of the Commune-level People’s Committee
1. Receive and resolve requests for confirmation of regular parking and standing places; the use of vehicles as residences or documents approving vehicle parking and standing.
2. Confirm information on identity relationships, subjects under Points b and c, Clause 2, Article 20 of the Law on Residence, information on legal residence, absence of disputes, and compliance with the average area requirement for permanent residence registration for citizens, based on proposals by civil status - justice, cadastral, and commune-level police officers.
3. Update civil status information and issue related personal documents for citizens within their jurisdiction, ensuring accuracy, timeliness, consistency, and alignment with information in the National Population Database and the Residence Database.
Article 15. Entry into force
1. This Decree comes into force as of January 10, 2025.
2. Decree No. 62/2021/ND-CP dated June 29, 2021 on elaboration of the Law on Residence, ceases to be effective as of the effective date of this Decree.
Article 16. Implementation responsibilities
Ministers, heads of ministerial-level agencies, heads of Governmental agencies, and Presidents of province-level People’s Committees shall implement this Decree.
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