Decree 104/2022/ND-CP: Shall the presentation of physical household registration books and temporary residence registers be annulled from January 1, 2023?

Main Content

• What is the Decree amending and supplementing degrees involving the submission and presentation of physical household registration books and temporary residence registers in Vietnam?
• Shall the latest regulations on documents proving the time of starting the stable land use not mention household registration books in Vietnam?
• Shall physical household registration books in Vietnam be officially annulled from January 1, 2023?
• What are the regulations on extracting and using information on citizens' residence when physical household registration books and temporary residence registers in Vietnam are annulled?

What is the Decree amending and supplementing degrees involving the submission and presentation of physical household registration books and temporary residence registers in Vietnam?

On December 21, 2022, the Government issued Decree 104/2022/ND-CP amending and supplementing degrees involving the submission and presentation of physical household registration books and temporary residence registers when carrying out administrative procedures and providing public services.

Decree 104/2022/ND-CP annulled the presentation of household registration books and temporary residence registers in the fields of employment, education, tax, housing, land ... When carrying out procedures in these fields, Vietnamese citizens no longer must present household registration books but can use other documents such as ID card, citizen ID card, certificate of residence information or notification of personal identification number and citizen information in the National Database on Population.

Specifically, this Decree has amended the following Decrees:

- Decree 61/2015/ND-CP on job creation policies and National Employment Fund.

- Decree 146/2018/ND-CP detailing and guiding measures to implement certain Articles of the Law on Health Insurance

- Decree 116/2016/ND-CP on policies to support students and high schools in extremely difficult communes and villages

- Decree 105/2020/ND-CP on preschool education development policies

- Decree 81/2021/ND-CP on tuition fees of education institutions affiliated to national education program and collection, management thereof; policies on tuition fee exemption, reduction, and financing for learning fees; service fees in education and training sectors.

- Decree 168/2016/ND-CP providing for contracting of forests, orchards and water surface areas within the special-use forest or protection forest Management Board and the state-owned Agricultural and Forestry Single-member Limited Liability Company

- Decree 100/2015/ND-CP on development and management of social houses.

- Decree 137/2013/ND-CP detailing implementation of a number of Articles of the Electricity Law, and the Law amending and supplementing a number of articles of the Electricity Law

- Decree 99/2015/ND-CP on guidelines for the law on housing

- Decree 134/2016/ND-CP detailing guidelines for the Law on Export and import duties

- Decree 43/2014/ND-CP detailing the implementation of a number of articles of the Land Law

- Decree 19/2011/ND-CP detailing a number of articles of the Law on Adoption.

See details of Decree 104/2022/ND-CP: here.

Shall the latest regulations on documents proving the time of starting the stable land use not mention household registration books in Vietnam?

Pursuant to Clause 2, Article 21 of Decree 43/2014/ND-CP (amended by Article 11 of Decree 104/2022/ND-CP), the time of starting the stable land use is determined based on the time and content related to the land use purpose stated on one of the following documents:

- Receipt of agricultural land use tax and house and land tax;

- Written record or decision on sanctioning of administrative violation in land use, written record or decision on sanctioning of administrative violation in the construction of land-attached facilities;

- Decision or judgment of a people’s court which has taken legal effect or judgment enforcement decision of a judgment enforcement agency which has been enforced regarding land-attached assets;

- Decision of a competent state agency on settlement of a land dispute which has taken legal effect; minutes of conciliation of a land dispute bearing signatures of disputing parties and certification of the commune-level People’s Committee of the locality where the disputed land is located;

- Decision on settlement of a land use-related complaint or denunciation of a competent state agency;

- Citizen ID card or Identity card or birth certificate; electricity and water charge bills and other receipts bearing the house address at the registered land parcel. In case of failure to extract information about residence in the national database on population, a certificate of residence information shall be added.

- Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;

- Document on purchase and sale of houses and other land-attached assets or documents on purchase and sale of land and transfer of land use rights bearing signatures of related parties;

- Maps, registers and documents on land survey and measurement in different periods;

- Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.

Shall physical household registration books in Vietnam be officially annulled from January 1, 2023?

Pursuant to Clause 3, Article 38 of the Law on Residence 2020 as follows:

Article 38. Implementation clauses

...

3. Starting from the date on which this Law comes into force, issued household registration books and temporary residence registers may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive.

In cases where information in a household registration book or temporary residence register differs from information in the residence database, the latter shall be used.

When a citizen carries out a residence registration procedure that changes information in their household registration book or temporary residence register, the registration authority shall revoke the issued household registration book or temporary residence register, update information in the residence database in compliance with regulations of this Law and not issue a new household registration book or temporary residence register or reissue the old household registration book or temporary residence register to the citizen.

Accordingly, in order to implement Project 06 and implement the above provisions of the Law on Residence, the physical household registration books in Vietnam will be annulled from January 1, 2023.

What are the regulations on extracting and using information on citizens' residence when physical household registration books and temporary residence registers in Vietnam are annulled?

According to the provisions of Article 14 of Decree 104/2022/ND-CP, when physical household registration books and temporary residence registers in Vietnam are annulled, extraction and use information on citizens' residence are carried out as follows:

- Competent agencies, cadres, civil servants, public employees and individuals assigned to receive and settle administrative procedures and provide public services must extract and use information on the residence of citizens in the national database on population to settle administrative procedures and provide public services.

- Information on the residence of citizens at the time of carrying out administrative procedures shall be recorded and kept in administrative procedures by cadres, civil servants, public employees and individuals responsible for receiving and settling administrative procedures and kept in records of administrative procedures on the Provincial or Ministerial Information System for Administrative Procedure Settlement.

The extraction and use of information on the residence of citizens in the national database on population is carried out by one of the following methods:

+ Lookup and extract personal information through the functions of the Provincial or Ministerial Information System for Administrative Procedure Settlement that has been connected to the national database on population or through the national public service portal;

+ Lookup personal information through the citizen's electronic identification accounts displayed in the VNelD application;

+ Use a reader device that has been connected online to the national database on population, including a QRCode reader or a chip reader on a chip-based citizen ID card;

+ Other methods of extraction as prescribed by specialized laws.

- In case it is impossible to extract the residence information of citizens in the above methods, competent agencies, cadres, civil servants, public employees and individuals assigned to receive, settle administrative procedures and provide public services may request citizens to submit copies or present one of the valuable documents proving their residence information.

The request for citizens to submit copies or present valuable documents proving their residence information is specified in the decision on publication of administrative procedures of ministries, agencies and localities or service notification documents of service-providing agencies or organizations.

- Valid documents proving residence information include: Citizen ID card, ID card, certificate of residence information, notice of personal identification number and citizen information in the national database on population.

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