THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 51/CP | Hanoi, May 10, 1997 |
ON HOUSEHOLD REGISTRATION AND MANAGEMENT
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
In order to exercise a uniform household registration and management system, enhance social management, and protect the citizens legitimate freedom of residence;
At the proposal of the Minister of the Interior,
DECREES:
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Every citizen must have his/her household registered at his/her place of residence called permanent household residence. When moving to a new place of residence, his/her must again have his/her household residence registered and managed as stipulated.
Persons who are carrying out a verdict or a decision of a court of law or a decision of an authorized State agency on prohibition of residence are not allowed to have their household residence registered and managed in the area where they are prohibited to reside.
Each household must be represented by a head. The head of a household shall take the main responsibility for complying with the stipulations on household registration and management of his/her household.
Professional officers and armymen, workers and personnel of the Peoples Army and the Peoples Police who live with their family or live in their own lawful house shall be allowed to register their household membership with their family as stipulated by this Decree.
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Citizens who are not serving in the army or police but who live in barracks or collective apartment buildings of the army and the police shall have their household membership registered and managed according to common stipulations.
HOUSEHOLD REGISTRATION AND MANAGEMENT
In addition to the book kept at the police, each public agency or organization which registers a collective household membership must have a copy of its collective household registration book for monitoring and management. This book shall not be a substitute for the original household registration book kept at the police.
- Each family must have a household registration book.
- If many families live in the same house, each family shall have its own household registration book.
- Each person who registers his/her collective household membership shall be issued a collective household registration card.
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- Household splitting, household merging, new household formation.
- Change of family name(s), first name(s) or middle name(s), birth date(s).
- A baby is born.
- A person dies or is missing.
- A person is called up.
- A person is permitted by the authorized State agency to go abroad for at least 12 months.
- A person is put in jail, is taken to a concentration center for education and medical treatment, or to a re-education center, a reformary camp.
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Registration requires the following papers:
- The Identity Card (for persons aged 15 and above).
- The certificate of relocation.
- The certificate of the change of permanent residence.
- The certificate of a lawful dwelling house.
- Other papers directly related to the change of permanent residence (if any).
Within 10 days after receiving the necessary valid papers as stipulated for persons moving to a rural area, and within 20 days after receiving the necessary valid papers for persons moving into a city or town, the police must settle the case.
1. A house owned by oneself.
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3. A house whose legitimate owner agrees to let the new comer live in. The house must ensure environmental hygiene and have the minimum living space as stipulated. It is neither being disputed nor in an area to be cleared under general planning.
The above-mentioned lawful dwelling house must have the necessary papers recognizing the ownership or the right of the user to use it legally as stipulated by law.
1. For persons transferred or assigned by the authorized State agency to work in an urban center:
a) Public servants and employees transferred by the authorized level within the branch or to another branch of the same profession to replace those who are transferred to another place, or who retire on a pension, retire for health reason, or quit the job, and those sent there to work.
b) Public servants and employees who have been sent by a State agency or an organization to study, to work or on a special assignment in another place, but who are now to return to the former place of residence to work by decision of the authorized State agency.
c) Graduates of universities, colleges, high schools and vocational schools who, by decision of the authorized State agency of ministerial level (for central State agencies or organizations) or the provincial Peoples Committees (for provincial and municipal State agencies and organizations), have been working on regular jobs.
2. Professional officers and armymen, workers and personnel of the Peoples Army and the Peoples Police who regularly work in an urban center and belong to one of the following cases shall be permitted to register their permanent residence in their families household:
a) Persons who come to live with their parents, spouse and children who are permanent residents in a city.
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c) Persons who have continually worked in an urban center for at least 3 years.
d) Pensioners.
3. In addition to the stipulations in Points 1 and 2, persons who belong to one of the following categories shall also be allowed to transfer their permanent residence to the place of residence of persons who have registered their permanent residence in a city:
a) Public servants and employees who work in neighboring provinces or cities and who daily live and have their meals together with their parents (if unmarried) or with their spouse and children who are permanent residents in a city.
b) Persons who have grown past the working age, who have retired for old age or health reason, and who want to come and live with their children or siblings (if they are unmarried and have no children) who are permanent residents in a city.
c) Persons who have lost their working capacity due to disability, mentally deficiency or disease and who want to come and live with their parents, children, or siblings, uncles, aunts, or a sponsor (if they have no parents, spouse or children) who are permanent residents in a city.
d) Persons under 18 years old who come to live with their grand-parents, siblings, uncles, aunts, a sponsor or a guardian (if their parents were dead) who are permanent residents in a city.
e) A man or a woman who wishes to come and live with his or her spouse who is a permanent resident in a city.
f) Overseas Vietnamese who are repatriated and are permitted by the authorized level to reside in a city.
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h) Persons who were permanent residents in a city, but who have served a prison term or have returned from a re-education center, a reformatory camp or a medical institution after carrying out a punitive decision for administrative violation, and who do not belong to the categories banned from cities.
4. With regard to special cases, the Director of the Municipal Police Service shall report to the President of the Municipal Peoples Committee and the Minister of the Interior for decision.
REGISTRATION AND MANAGEMENT OF TEMPORARY STAY AND TEMPORARY ABSENCE
1. Persons who are de facto residing in a locality but who have not yet fully met the conditions for registering their permanent residence.
2. Persons who come from another place to study, work or serve as casual laborers.
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Persons who have been absent from their permanent place of residence for more than 6 months without registering their temporary absence and without plausible reasons shall have their names crossed out from the household registration book. When they return, they must re-apply for registration of their permanent residence as stipulated.
With regard to those persons who have registered their permanent residence but who in fact do not live in their permanent residence address without any plausible reasons, or cannot live there, the household management agency must cross out their names in the household registration book.
The Ministry of the Interior shall give a detailed guidance on the procedure of registering temporary stay and temporary absence.
SETTLEMENT OF COMPLAINTS, DENUNCIATIONS, AND HANDLING OF VIOLATIONS
The State agency which receives complaints and denunciations shall have to consider and settle them in accordance with the Ordinance on Citizens Complaints and Denunciations.
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Persons assigned to look after settling household registration and management violate the stipulations of this Decree or misuse this work to take bribes or cause trouble to citizens shall be subject to administrative discipline or examined for penal liability, depending on the character and seriousness of the violation.
The Ministry of the Interior, the Ministry of Justice, the Ministry of Labor, War Invalids and Social Affairs, the National Population and Family Planning Committee, and the General Department of Statistics shall have to combine the work of household registration and that of household management, labor registration, population census and family planning, and ensure the conformity of reality with the statistics reported in order to meet the State�s requirements for social management and serving the people.
The Ministry of the Interior shall have to cooperate with the other Ministries and branches concerned to apply advanced technologies and reform the administrative procedures in household registration and management.
The Presidents of the Peoples Committees of the provinces and cities directly under the Central Government shall have to direct the implementation of the work of household registration and management in their locality.
The Ministry of the Interior shall have to guide, follow, direct, check and urge a unanimous implementation of this Decree nation-wide.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet