09:25 | 23/12/2022

Annulment of household registration books from 2023 in Vietnam: How have the dossiers and procedures for amending and supplementing personal information of meritorious persons changed?

Let me ask how the dossiers and procedures for amending and supplementing personal information of meritorious persons change when removing the household registration book according to Vietnamese regulations? - asked Mr. Phat (Nha Trang)

What are the amendment and supplementation of meritorious persons' records to comply with the new Vietnam regulations?

On December 21, 2022, the Government promulgated Decree 104/2022/ND-CP on amending and supplementing a number of articles of decrees related to the submission and presentation of household registration books and paper temporary residence books when carrying out administrative procedures and providing public services.

Accordingly, the Decree will take effect from January 1, 2023.

In Clause 4 Article 13 of Decree 104/2022/ND-CP, the abolition of phrases related to household registration books is prescribed as follows:

Repeal or replace some phrases specified in decrees
...
4. To abolish the phrase "or household registration book issued before July 1, 2021" at Point b, Clause 1, Article 116 and the phrase "or household registration book issued before July 1, 2021" in Clause 3, Article 130 of Decree No. 131/2021/ND-CP dated December 30, 2021 guiding the Ordinance on Preferential Treatment of Persons With Merit to the Revolution.

Compare with Article 130 of Decree 131/2021/ND-CP, this Article provides for the amendment and supplementation of personal information in the dossier of meritorious persons.

Thus, from 01/01/2023, after removing the household registration book, the phrase "or the household registration book has been issued before 01/07/2021" will be removed from the dossier of amending and supplementing personal information in the dossier of meritorious persons.

Annulment of household registration books from 2023 in Vietnam: How have the dossiers and procedures for amending and supplementing personal information of meritorious persons changed?

Annulment of household registration books from 2023 in Vietnam: How have the dossiers and procedures for amending and supplementing personal information of meritorious persons changed?

In what cases is it possible to amend and supplement personal information in the dossier of a meritorious person in Vietnam?

According to Clause 1, Article 130 of Decree 131/2021/ND-CP, there are 03 cases of amending and supplementing personal information in the dossier of meritorious persons.

As follows:

Amending and supplementing personal information in the dossier of meritorious persons
1. Where applicable:
a) The meritorious person proposes to amend and supplement the following information: full name, middle name; date, month, year of birth; the hometown of the meritorious person or his/her relatives stated in the record of the meritorious person to match the civil status document.
b) Relatives of martyrs, relatives of meritorious persons, beneficiaries of martyrs' worship allowances, beneficiaries of the regime for martyrs' spouses married or other wives shall propose to amend and supplement the following information of themselves: full name, middle name; date, month, year of birth; hometown to match civil status documents.
c) Relatives of martyrs or recipients of martyrs' worship allowances shall propose to amend and supplement the following information of martyrs: full name, middle name; date, month, year of birth; the day, month and year of sacrifice; hometown (by place name when establishing a record of recognition of martyrs); rank and position; agencies and units when sacrificed; case of sacrifice; place of sacrifice.

Thus, the cases of application of the amendment and supplementation of personal information in the dossier of meritorious persons shall be determined according to the above-mentioned contents.

What do the dossiers and procedures for amending and supplementing personal information in the dossier of meritorious persons after removing the household registration book include in Vietnam?

Pursuant to the contents specified in Clause 3 Article 130 of Decree 131/2021/ND-CP and Clause 4 Article 13 of Decree 104/2022/ND-CP, dossiers and procedures for amending and supplementing personal information in dossiers of meritorious persons after removing household registration books are as follows:

- For records of meritorious persons managed by the military or police, the following shall be done:

+ The meritorious person makes an application to amend and supplement personal information in the dossier of the meritorious person with a certified copy from the CCCD or ID card to correct the information to the agency or unit managing the dossier of the meritorious person.

+ The Ministry of National Defense and the Ministry of Public Security shall guide the process of amending and supplementing personal information in the dossier of meritorious persons. The time for consideration and settlement shall not exceed 30 days from the date of receipt of the application.

- For dossiers of meritorious persons managed by the Labor, War Invalids and Social Affairs sector, the settlement procedure is as follows:

+ Meritorious persons; relatives of martyrs or recipients of martyr worship allowances; relatives of deceased meritorious persons shall make an application to the Department of Labor, War Invalids and Social Affairs where the records of the meritorious persons are managed with certified copies from the following documents:

+ For meritorious persons: CCCD or ID card;

+ For relatives of martyrs or beneficiaries of martyrs' worship allowances, relatives of deceased meritorious persons: CCCD or ID card of the person requested to correct information.

+ The Department of Labor, War Invalids and Social Affairs (MOLISA) shall, within 12 days from the date of receipt of sufficient documents, be responsible for checking and comparing information and having documents and copies of documents requesting to be amended and supplemented with information sent to competent agencies for settlement.

+ DOLISA shall, within 12 days from the date of receipt of a written amendment and supplementation of information from a competent agency, issue a decision on amending and supplementing information in the dossier of meritorious persons and send a notice of adjustment of information to the Ministry of Labor, Invalids and Social Affairs.

+ In case of amending and supplementing information in the martyr's dossier, if the "Fatherland Attribution" Diploma must be reissued, the Department of Labor, Labor and Social Affairs shall issue a notice of adjustment of information with a written request to the Ministry of Labor, Invalids and Social Affairs.

+ The Ministry of Labor, Invalids and Social Affairs shall comply with the responsibilities specified at Point e, Clause 2, Article 21 of Decree 131/2021/ND-CP.

Thus, dossiers and procedures for amending and supplementing personal information in dossiers of meritorious persons from January 1, 2023 after abandoning the household registration book are carried out as above.

Decree 104/2022/ND-CP will take effect from January 1, 2023.

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