Tải về toàn văn Luật cư trú tiếng Anh - Law on residence of Vietnam TẠI ĐÂY
THE
NATIONAL ASSEMBLY
------- |
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness |
No: 81/2006/QH11
|
Hanoi, November 29, 2006
|
ON RESIDENCE
Pursuant
to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended and supplemented under Resolution No. 51/2001/QH10 of December 25,
2001, of the Xth National Assembly, the 10th session;
This Law provides for residence.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Law provides for
citizens' right to freedom of residence in the territory of the Socialist
Republic of Vietnam; the residence registration and administration order and
procedures; the rights and responsibilities of citizens, households, agencies
and organizations regarding residence registration and administration.
Residence means a
citizen's living at a place in a commune, ward or township in the form of permanent
residence or temporary residence.
Article
2.- Subjects of
application
This Law applies to
Vietnamese agencies, organizations, households and citizens and overseas
Vietnamese who still hold the Vietnamese nationality and return to live in
Vietnam.
Article
3.- Citizens' right
to freedom of residence
Citizens have the
right to freedom of residence under the provisions of this Law and other
relevant laws. Citizens qualified for registration of permanent residence or
temporary residence may request competent state agencies to register their
permanent residence or temporary residence.
Citizens' right to
freedom of residence is only limited under decisions of competent state
agencies and in accordance with the order and procedures prescribed by law.
Article
4.- Principles for
residence and residence administration
1. Observing the
Constitution and law.
2. Ensuring harmony
between the lawful rights and interests of citizens and the interests of the
State, the community and the society; combining the assurance of the right to
freedom of residence and other fundamental rights of citizens and the
responsibilities of the State with the performance of the tasks of
socio-economic construction and development, the maintenance of defense and
security and the preservation of social order and safety.
3. The permanent and
temporary residence registration order and procedures must be simple,
convenient, timely, accurate, public, transparent and trouble-free; residence
administration must be efficient.
4. Every change in
residence must be registered; each person may register his/her permanent
residence or temporary residence at one place only.
Article
5.- Assurance of
conditions for the exercise of the right to freedom of residence and residence
administration activities
1. The State ensures
citizens' right to freedom of residence. Agencies, organizations and
individuals that violate citizens' right to freedom of residence shall be
strictly handled.
The State adopts
policies and synchronous measures to better and better ensure citizens' right
to freedom of residence.
2. The State ensures
budget, material foundations, human resources and investment in the development
of advanced technologies and techniques for residence registration and
administration activities.
Article
6.- Responsibilities
for state management of residence
1. The Government
exercises the unified state management of residence nationwide.
2. The Ministry of
Public Security is answerable to the Government for performing the state
management of residence.
3. People's Committees
at all levels shall, within the ambit of their tasks and powers, perform the
state management of residence in their respective localities under the
provisions of this Law, other relevant laws and the Government's
decentralization.
Article
7.- International
cooperation on residence management
The Socialist Republic
of Vietnam State enters into international cooperation on residence
administration in accordance with Vietnamese law and international law; and
implement treaties relevant to residence administration to which the Socialist
Republic of Vietnam is a contracting party.
Article
8.- Prohibited acts
1. Obstructing
citizens from exercising their right to freedom of residence.
2. Abusing the
regulations on household registration to limit citizens' lawful rights and
interests.
3. Taking bribes,
showing authoritativeness and imperiousness, harassing for bribes or causing
troubles in residence registration and administration.
4. Collecting or using
residence registration fees in contravention of law.
5. Setting at one's
own will the time, procedures, papers or forms in contravention of law or
falsifying residence books and dossiers.
6. Deliberately
granting or refusing to grant residence papers in contravention of law.
7. Taking advantage of
the right to freedom of residence to infringe upon the interests of the State,
the lawful rights and interests of organizations or individuals.
8. Hiring, leasing,
borrowing, lending, forging, modifying or falsifying household registration
books, temporary residence books or other papers related to residence.
9. Organizing,
instigating, inciting, inducing, brokering, aiding or forcing other people to
violate the law on residence.
Chapter II
CITIZENS' RESIDENCE RIGHTS AND
RESPONSIBILITIES
Article 9.- Citizens' rights to residence
1. To select and
decide on their own places of permanent residence or temporary residence in
accordance with the provisions of this Law and other relevant laws.
2. To be granted,
re-granted, to renew household registration books, temporary residence book or
other papers related to residence.
3. To be provided with
information and documents related to the exercise of their rights to residence.
4. To request
competent state agencies to apply measures to protect their rights to residence.
5. To complain about,
denounce or take legal action against acts of violating the law on residence in
accordance with law.
Article
10.- Cases of
restricted right to freedom of residence
1. Persons banned from
leaving their places of residence as a measure applied by competent bodies
conducting legal proceedings.
2. Persons banned from
residence as a penalty applied by a court; persons sentenced to imprisonment
against whom decisions on judgment execution have not yet been issued, are
entitled to suspended sentence or to imprisonment sentence postponement or
suspension; persons subject to probation.
3. Persons subject to
the measure of consignment to reformatories, medical treatment establishments
or education camps but enjoying execution postponement or suspension.
Article
11.- Residence
responsibilities of citizens
1. To abide by the
provisions of law on residence.
2. To fully and
accurately supply information and documents on their residence to competent
bodies or persons and to be answerable for the supplied information and
documents.
3. To pay a residence
registration fee.
4. To produce
household registration books, temporary residence books and other residence
papers upon the request of competent agencies or persons.
5. To immediately
report to residence registries on the loss or damage of household registration
books, temporary residence books or other residence papers.
Article
12.- Places of
residence of citizens
1. The place of
residence of a citizen means a lawful domicile where such person regularly
lives. The place of residence of a citizen may be a place of permanent
residence or a place of temporary residence.
Lawful domiciles can
be dwelling houses, means or other buildings where citizens live. Lawful
domiciles can belong to citizens' ownership or be leased, lent or let for
free-of-charge stay by agencies, organizations or individuals in accordance
with law.
Place of permanent
residence means a place where a citizen lives regularly, stably and permanently
at a given locality and has registered his/her permanent residence.
Place of temporary
residence means a place other than the registered place of permanent residence
where a citizen lives and has registered his/her temporary residence.
2. Where a citizen's
place of residence defined in Clause 1 of this Article can not be identified,
his/her place of residence is the place where he/she is living.
Article
13.- Places of
residence of minors
1. A minor's place of
residence is the place of residence of his/her father, mother; if his/her
father and mother have different places of residence, the minor's place of
residence is the place of residence of his father or mother with whom the minor
regularly lives.
2. A minor may have a
place of residence other than the place of residence of his/her father or
mother if so agreed by his/her father or mother or provided for by law.
Article
14.- Places of
residence of wards
1. A ward's place of
residence is the place of residence of his/her guardian.
2. A ward may have
his/her place of residence other than the place of residence of his/her
guardian if so agreed by the latter or provided for by law.
Article
15.- Place of
residence of husband and wife
1. The place of
residence of husband and wife is the place where the husband and wife regularly
live together.
2. The husband and
wife may have different places of residence if they so agree.
Article
16.- Places of
residence of officers and men of the People's Army and the People's Police
1. The places of
residence of persons who are doing their military service or serving for a
given term in the People's Police are the places where their units station.
2. The places of
residence of officers, non-commissioned officers, professional army men,
military employees, defense workers; officers, non-commissioned officers,
professional and technical officers and non-commissioned officers, workers and
employees of the People's Police are the places where their respective units
station, unless they have their places of residence provided for in Clause 1,
Article 12 of this Law.
Article
17.- Places of
residence of persons performing itinerant occupations
Places of residence of
persons performing itinerant occupations on ships, boats or other mobile
vehicles are the places where those ships, boats or vehicles are registered,
unless they have their places of residence provided for in Clause 1, Article 12
of this Law.
Chapter III
PERMANENT RESIDENCE REGISTRATION
Article 18.- Permanent residence registration
Permanent residence
registration means that citizens register their places of permanent residence
with competent state agencies which carry out the procedures for permanent residence
registration and grant household registration books to them.
Article
19.- Conditions for
registration of permanent residence in provinces
Citizens who have
lawful domiciles in any province may register their permanent residence in that
province. Where their lawful domiciles are leased, lent or let for their
free-of-charge stay by individuals, written consent of the lessors, the lenders
or such individuals is required.
Article
20.- Conditions for
registration of permanent residence in centrally run cities
Citizens falling in
one of the following cases may register their permanent residence in centrally
run cities:
1. Having lawful
domiciles and having temporarily resided for one year or more in the cities.
Where the lawful domiciles are leased, lent or let for free-of-charge stay by
individuals, written consent of the lessors, lenders or such individuals is
required;
2. Obtaining the
consent of persons who possess household registration books to have their names
entered in such books if falling into one of the following cases:
a/ Wife returns to
live with her husband; husband returns to live with his wife; children return
to live with their fathers, mothers; fathers, mothers return to live with their
children;
b/ Persons who are out
of the working age, retire, leave their jobs for loss of their working capacity
or quit their jobs and return to live with their siblings;
c/ Persons who are
disabled, lose their working capacity or suffer from mental diseases or other
ailments which deprive them of the capacity to perceive or control their acts
and return to live with their siblings, aunts, uncles or guardians;
d/ Minors who lose
their parents or whose parents are incapable of nurturing them and return to
live with their paternal grandparents, maternal grandparents, siblings, aunts,
uncles or guardians;
e/ Single adults who
return to live with their paternal or maternal grandparents.
3. Being transferred
or recruited to work in agencies or organizations, who are salaried from the
state budget or under labor contracts with an unspecified term and have lawful
domiciles. Where their lawful domiciles are leased, lent or let for
free-of-charge stay by individuals, written consent of the lessors, lenders or
such individuals is required;
4. Having previously
registered their permanent residence in centrally run cities and now returning
to live in those cities at their lawful domiciles. Where their lawful domiciles
are leased, lent or let for free-of-charge stay by individuals, written consent
of the lessors, the lenders or such individuals is required.
Article
21.- Permanent
residence registration procedures
1. Permanent residence
registrants shall file their permanent residence registration dossiers with the
following police offices:
a/ For centrally run
cities, the dossiers shall be submitted at police offices of rural districts,
urban districts or towns;
b/ For provinces, the
dossiers shall be submitted at police offices of communes, townships, towns or
provincial cities.
2. A permanent residence registration dossier comprises:
a/ A written
notification of changes in household registration, number of household members;
a declaration on household members;
b/ A paper on
household registration transfer as provided for in Article 28 of this Law;
c/ Papers and
documents evidencing the lawful domicile. For the case of transfer to a
centrally run city, the documents proving that the subject person falls into
one of the cases specified in Article 20 of this Law are also required.
3. Within fifteen days
after the receipt of complete dossiers, the competent agencies defined in
Clause 1 of this Article shall grant household registration books to permanent
residence registration dossier submitters; in case of refusal to grant, they
shall give written replies clearly stating the reasons therefor.
Article
22.- Deletion of
permanent residence registration
1. Persons who fall
into one of the following cases shall have their permanent residence
registration deleted:
a/ They die or are
declared by a court as missing or dead;
b/ They are enlisted
into the People's Army or the People's Police and live in barracks;
c/ They are given
decisions to delete their permanent residence registration as provided for in
Article 37 of this Law;
d/ They settle abroad;
e/ They have
registered their permanent residence at a new place of residence; for this
case, the agencies which have carried out procedures to register permanent
residence for citizens at new places of residence shall immediately notify the
agencies which have issued the papers on household registration transfer for
deletion of permanent residence registration at the old places of residence.
2. Agencies competent
to register the permanent residence are also competent to delete the permanent
residence registration.
3. The specific
procedures for deletion of permanent residence registration and adjustment of
relevant dossiers, documents and books shall be stipulated by the Minister of
Public Security.
Article
23.- Change of
places of permanent residence registration in case of change of lawful
domiciles
1. Persons who have
already registered their permanent residence but change their lawful domiciles
shall, within 24 months after their movement to the new lawful domiciles, carry
out procedures to change their registered places of permanent residence.
2. The competent
agencies defined in Clause 1, Article 21 of this Law shall create favorable
conditions for citizens to change their registered places of permanent
residence.
Article
24.- Household
registration books
1. Household registration
books are granted to households or individuals that have registered their
permanent residence, and are valid for determination of citizens' places of
permanent residence.
2. When household
registration books are damaged or lost, they may be changed or re-granted.
3. The Ministry of
Public Security shall issue the forms of household registration book and guide
the grant, re-grant, renewal, use and management of household registration
books for uniform application nationwide.
Article
25.- Household registration
books granted to households
1. A household
registration book is granted to every household. Each household nominates a
person who has full civil act capacity to act as household head to implement
and guide the household members to implement the regulations on residence
registration and administration. Where persons aged full eighteen years or
older are not available or the persons aged full eighteen years or older lose
their civil act capacity or have their civil act capacity restricted, a member of
the household can be nominated to act as household head.
Persons living in the
same lawful domicile and being bound in family ties as grandparents, parents,
wife, husband, offspring, siblings and grand children may be granted a singe
household registration book.
2. Many households
that live together in a lawful domicile shall each be granted a household
registration book.
3. Persons who do not
fall into the cases specified in Paragraph 2 of Clause 1, this Article but
fully meet the conditions specified in Articles 19 and 20 of this Law and are
permitted by the household heads to be included in the latter's household
registration books may be included in those household registration books.
Article
26.- Household
registration books granted to individuals
1. Household
registration books are granted to individuals in one of the following cases:
a/ Persons have full
civil act capacity and domiciles independent from their families, persons live
in single, persons are allowed for separate household registration books as
provided for in Clause 1, Article 27 of this Law;
b/ Persons perform
their itinerant occupations on ships, boats or other vehicles, if they do not
live in households;
c/ War invalids,
diseased army men, persons entitled to the State's preferential treatment
policies, weak and lonely elders, disabled persons and others are nurtured and
cared for in centers by agencies or organizations;
d/ Religious
dignitaries, religion practitioners or other full-time religious activists as
defined by the law on religion and belief who live at religious establishments.
2. Persons not defined
in Paragraph 2, Clause 1 of Article 25, if fully meeting the conditions
specified in Articles 19 and 20 of this Law and getting the consent of
household heads to let them be included in household registration books granted
to individuals, can be included in those household registration books.
Article
27.- Separation of
household registration books
1. Cases where persons
share the same lawful domicile and are entitled to household registration book
separation include:
a/ Persons who have
full civil act capacity and the need for household registration book
separation;
b/ Persons who have
been entered in household registration books as defined in Clause 3 of Article
25 and Clause 2 of Article 26 of this Law and get the household heads' written
consent for separation from their household registration books.
2. Upon household
registration book separation, an applicant shall produce the household
registration book, written notification of changes in household registration,
the number of household members; written consent of the household head, if
he/she falls into the cases specified at Point b, Clause 1 of this Article.
3. Within seven
working days after the receipt of complete dossiers, competent agencies shall
return the results of household registration book separation; in case of
refusal of the separation, they shall give a written reply clearly stating the
reasons therefor.
Article
28.- Household
registration transfer papers
1. When changing their
places of permanent residence, citizens are granted household registration
transfer papers.
2. Household
registration transfer papers are granted to citizens in the following cases:
a/ They move to places
outside a commune or township of a province;
b/ They move to places
outside a rural district, urban district or town of a centrally run city; or
provincial town or city.
3. Competence to grant
household registration transfer papers is provided for as follows:
a/ Chiefs of the
police offices of communes or townships shall grant household registration
transfer papers to cases specified at Point a, Clause 2 of this Article;
b/ Chiefs of the
police offices of rural districts, urban districts or towns of centrally run
cities, chiefs of the police offices of provincial towns or cities shall grant
household registration transfer papers to cases specified at Point b, Clause 2
of this Article.
4. A dossier for grant
of household registration transfer paper comprises the household registration
book and the written notification of change in household registration and the
number of household members.
5. Within three
working days after the receipt of complete dossiers, competent agencies shall
grant household registration transfer papers to citizens.
Within ten days after
the receipt of acceptance notices of the residence administration bodies of the
localities where citizens are transferred to, the police offices of rural districts,
urban districts, provincial towns or cities where the citizens leave shall
transfer the household registration and administration dossiers to the police
offices of the localities where such persons move to.
6. Citizens falling
into one of the following cases are not required to obtain household
registration transfer papers:
a/ They move within a
commune or township of a province; move within a rural district, urban district
or town of a centrally run city; move within a provincial town or city;
b/ They are pupils,
students or trainees at schools or other education institutions;
c/ They do their
military service or serve for a given term in the People's Police;
d/ They are enlisted
in the People's Army or the People's Police and live in barracks or dormitories;
e/ They are serving
their imprisonment sentences or decisions on consignment to reformatories,
education camps, medical treatment establishments or establishments for
compulsory drug detoxification or probation.
Article
29.- Adjustment of
changes in household registration books
1. In case of change
of household heads, the households shall carry out procedures therefor. Persons
who come to carry out such procedures shall produce household registration
books; written notification of change in household registration, the number of
household members; opinions of household heads or other family members on
change of household heads.
2. In case of changes
in family names, given names, middle names, birthdays, months and years or
other changes in the civil status of persons named in household registration
books, the household heads, the persons making such changes or authorized
persons shall carry out procedures for adjustment. Persons who come to carry
out the procedures shall produce the household registration books, birth
certificates or decisions permitting the changes issued by agencies competent
for civil status registration; and submit the written notification of changes
in household registration and the number of household members.
3. In case of changes
in administrative boundaries, administrative units, streets, house numbers,
competent residence administration agencies shall base themselves on competent
state agencies' decisions permitting the changes in administrative boundaries,
administrative units, streets, house numbers to make adjustments in the
household registration books.
4. In case of movement
to new lawful domiciles within a commune or township of a province; movement
within a rural district, urban district or town of a centrally run city;
movement within a provincial town or city, the household heads, household
members or authorized persons shall carry out procedures for adjustment.
Persons who come to carry out the procedures for adjustment shall submit the
written notification of change in household registration, the number of
household members; produce household registration books and papers evidencing
their new lawful domiciles.
5. Within three
working days after the receipt of complete dossiers, the competent agencies
defined in Clause 1, Article 21 of this Law shall make adjustments or changes
in the household registration books.
6. In case of carrying
out procedures for adjustment of changes in household registration books,
persons who come to carry out the procedures must have full civil act capacity;
for minors, the procedures shall be carried out by their guardians or lawful
representatives as provided for by civil law.
Chapter IV
TEMPORARY RESIDENCE REGISTRATION, STAY
NOTIFICATION, ABSENCE DECLARATION
Article 30.- Temporary residence registration
1. Temporary residence
registration means that citizens register their places of temporary residence
with competent state agencies which carry out the temporary residence
registration procedures and grant temporary residence books to them.
2. Persons who are
living, working, laboring or studying at a place in a commune, ward or township
but are not entitled for permanent residence registration in that locality
shall, within thirty days after their arrival, register their temporary
residence at the commune/ward/township police offices.
3. Persons who come to
register their temporary residence shall produce their people's identity cards
or papers certified by the police offices of the communes, wards or townships
where they have registered their permanent residence; papers evidencing their
rights to own or use such dwelling houses; submit the written notification of
changes in household registration, the number of household members, household
member declaration; where the lawful domiciles are leased, lent or let for
free-of-charge stay by individuals, written consent of the lessors, lenders or
such individuals is required.
4.
Commune/ward/township police chiefs shall, within three working days after the
receive of all papers specified in Clause 3 of this Article, grant temporary
residence books made according to a form set by the Ministry of Public
Security.
Temporary residence
books granted to households or individuals having registered their temporary
residence are valid for an unspecified term for determination of citizens'
temporary residence places.
The adjustment of
changes in temporary residence books complies with the provisions of Article 29
of this Law. Temporary residence books which are damaged or lost may be renewed
or re-granted. In case of temporary residence in other communes, wards or
townships, registration shall be remade.
5. For persons who
have registered their temporary residence but do not live, work, labor or study
for six months or more in the localities where they have registered their
temporary residence, the agencies which have granted the temporary residence
books shall delete such persons' names from the temporary residence registers.
Article
31.- Stay and stay
notification
1. Stay means a
citizen's stay for a given period of time at a place in a commune, ward or
township other than his/her place of residence and he/she does not fall into a
case of obligatory temporary residence registration.
2. Families,
dormitories, medical treatment establishments, hotels, motels and other
establishments where stay persons aged full fourteen years or older shall
notify their stay to commune/ward/township police offices. The notification of
stay may be made in person or by telephone. Commune/ward/township police
offices shall notify people of the address and telephone numbers of the places
where stay notifications are received.
3. Stay notification
shall be made before 23.00 hrs; for persons who come to stay after 23:00 hrs,
their stay shall be notified in the morning of the following day; where
grandparents, parents, husbands, wives, children, grandchildren or siblings
come to stay time and again, the stay notification are made only once.
4. Stay notifications
are recorded in the stay reception books.
Article
32.- Absence
declaration
1. Defendants or the
accused who are on bail; persons who are sentenced to imprisonment but the
judgment execution decisions are not yet issued or they are entitled to postponement
or suspension of imprisonment; persons who are sentenced to imprisonment but
enjoy suspended sentence; persons who are punished with non-custody reform;
persons who are on probation; persons who are serving the measure of education
in communes, wards or townships; persons who are subject to the measure of
consignment to education camps, medical treatment establishments or
reformatories but enjoy judgment execution postponement or suspension, when
leaving their places of residence for one day or more, shall declare their
temporary absence.
2. Persons who are in
the military service age group or on the mobilization reserves, when leaving
rural districts, urban districts, provincial towns or cities where they reside
for three months or longer, shall declare their temporary absence.
3. Persons defined in
Clauses 1 and 2 of this Article shall declare their temporary absence at the
police offices of communes, wards or townships where they reside. Upon absence
declaration, they must produce their people's identity cards and fill in the
temporary absence declaration cards.
4. Commune, ward or
township police offices shall provide guidance on the declared contents, check
the declared contents and put signatures on the cards issued to temporary
absence declarants.
Chapter V
RESIDENCE ADMINISTRATION RESPONSIBILITIES
Article 33.- The Ministry of Public Security's
responsibilities for residence administration
1. To formulate and
submit to the Government for promulgation or promulgate according to competence
legal documents on residence.
2. To direct and
organize the implementation of legal documents on residence.
3. To suspend or
cancel according to competence or propose competent authorities to cancel
residence administration regulations contrary to the provisions of this Law.
4. To promulgate
residence forms, papers and books.
5. To organize the
apparatus of, to train and foster, cadres performing the work of residence
administration.
6. To make state
statistics on residence, to review, conduct scientific research into residence
administration, to organize the propagation and education of the law on
residence.
7. To examine, inspect
and settle complaints and denunciations about residence and handle violations
of the law on residence.
8. To enter into
international cooperation on residence administration.
Article
34.- Responsibilities
of People's Committees at all levels for residence administration
1. To organize the
implementation of legal documents on residence in their respective localities.
2. To direct residence
administration coordination among concerned local agencies.
3. To organize the
propagation and education of the law on residence.
4. To examine, inspect
and settle complaints and denunciations about residence and handle violations
of the law on residence according to law.
Article
35.- Responsibilities
of residence registration and administration agencies
1. To post up and
guide agencies, organizations, individuals and households in implementing the
provisions of law on residence.
2. To arrange capable
staff with good ethical quality to perform the work of residence registration
and administration.
3. To grant household
registration books, temporary residence books and other residence papers on
time to citizens according to law.
4. To manage and
archive dossiers and documents on residence registration and administration.
5. To promptly settle
petitions, complaints and denunciations of citizens about residence and
residence administration.
Article
36.- Persons
performing residence registration and administration
1. Persons performing
residence registration and administration must be trained in their profession
and operation suitable to their assigned duties.
2. Persons performing
residence registration and administration, while on duty, must show serious and
amiable attitude and behaviors; receive and check relevant dossiers and
documents, issue receipts, make appointment for the return of results and
settle matters within the time limits prescribed by this Law; for insufficient
or incorrect dossiers, they must provide specific and full guidance in writing
and take responsibility before law for such guidance.
Article
37.- Cancellation of
illegal registration of permanent residence or temporary residence
When responsible
agencies or persons register permanent residence or temporary residence ultra
vires, for wrong subjects and at variance with the conditions provided for by
this Law, the heads of the immediate superior residence administration agencies
shall cancel such registration. Based on decisions of competent agencies, the
bodies which have registered the permanent residence or temporary residence
shall delete the permanent or temporary residence registration; the previous
agencies competent to register the permanent and temporary residence shall make
re-registration.
Article
38.- Database on
residence
1. The residence
database managed by the Ministry of Public Security constitutes a part of the
national database on population, which is established in service of the state
management of residence.
2. The collection,
archival, processing and protection of residence data must satisfy the
following requirements:
a/ Applying
information technology to the collection, archival and processing of residence
information in a full, prompt and accurate manner; ensuring data safety in
strict accordance with the database principles and forms;
b/ Ensuring safety for
residence information-storing equipment and residence records;
c/ Ensuring security
of residence information on computer networks; ensuring safety of information
and documents archived in the residence database; preventing and combating acts
of damaging the residence database.
3. The exploitation
and use of the residence database shall ensure the following requirements:
a/ All accesses to the
residence database are subject to approval of heads of residence administration
agencies;
b/ The supply and
exchange of information and documents from the residence database for agencies,
organizations and individuals shall be provided for by the Minister of Public
Security;
c/ Agencies,
organizations and individuals may not illegally copy or print out information
and documents from the residence database.
4. The Government
shall specify the residence database.
Article
39.- Complaints,
denunciations, and handling of violations
1. Complaints and
denunciations and the settlement of complaints and denunciations about acts of
violating the law on residence comply with the provisions of this Law and the
law on complaints and denunciations.
2. Those who violate
the provisions of law on residence shall, depending on the nature and
seriousness of their violations, be disciplined, administratively sanctioned or
examined for penal liability; if causing damage, they shall pay compensations
therefor according to law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article
40.- Implementation effect
This Law takes effect
on July 1, 2007.
Article
41.- Review of legal
documents related to household registration
The Government shall
direct concerned agencies and organizations to review legal documents related
to household registration and amend or cancel regulations that abuse household
registration to restrict citizens' lawful rights and interests, or propose or
direct competent agencies to do so.
Article
42.- Implementation
detailing and guidance
The Government shall
detail and guide the implementation of Clause 2 of Article 5, Clause 2 of
Article 8, Article 12, and Clause 1 of Article 20 of this Law.
HỎI VÀ ĐÁP