Vietnam: What are the documents used to replace household registration books for determining stable land use from January 01, 2023?
Is the household registration book in Vietnam used for determining stable land use?
Stable land use means consecutive use of land for a certain main purpose from the time of starting the use of land for such purpose to the time of grant of a certificate of land use rights and ownership of houses and other land-attached assets or to the time of issuance of a land recovery decision by a competent state agency in case no certificate of land use rights, certificate of house ownership and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets (below collectively referred to as certificate) has been granted.
According to the provisions in Clause 2, Article 21 of Decree 43/2014/ND-CP which stipulates the bases for determining stable land use:
Bases for determining stable land use
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2. The time of starting the stable land use shall be determined based on the time and contents related to the land use purpose stated in one of the following documents:
a/ Receipt of agricultural land use tax and house and land tax;
b/ 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;
c/ 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;
d/ 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;
dd/ Decision on settlement of a land use-related complaint or denunciation of a competent state agency;
e/ Document for registration of permanent residence or long-term temporary residence in a residential land-attached house; identity card or birth certificate, and electricity and water charge bills and other receipts bearing the house address at the registered land parcel;
g/ Document on assignment, allocation or distribution of house or land by the agency or organization assigned by the State to manage and use land;
h/ 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;
i/ Maps, registers and documents on land survey and measurement in different periods;
k/ Declaration of houses and land for registration bearing the certification of the commune-level People’s Committee at the time of declaration and registration.
The household registration book is one of the documents used as a basis for determining the time of starting the stable land use based on the time and content related to the purpose of land use recorded in the household registration book.
What are the documents used to replace household registration books for determining stable land use from January 01, 2023? (Image from the Internet)
What are the documents used to replace household registration books for determining stable land use from January 01, 2023 in Vietnam?
Recently, the Government of Vietnam issued Decree 104/2022/ND-CP amending decrees related to the submission and presentation of physical household registration books and temporary residence books when carrying out administrative procedures, providing public services, including amendments to Point e, Clause 2, Article 21 of Decree 43/2014/ND-CP:
Amendments and supplements to point e, clause 2, Article 21 as follows:
e) citizen identity card or identity card or birth certificate; electricity, water bills and other bills showing the residential address in the registered land plot. In case it is impossible to access the residence information in the National Population Database, the certificate of residence information shall be supplemented.
Thus, compared to before, after abolishing the household registration book and temporary residence book, the documents used to determine the starting time of stable land use, replacing the household registration book and temporary residence book, are the Citizen Identity Card.
When will the household registration book be abolished?
According to Article 38 of the Law on Residence 2020, it is stipulated as follows:
Implementation clauses
1. This Law takes effect from July 01, 2021.
2. The Law on Residence No. 81/2006/QH11, amended in accordance with the Law No. 36/2013/QH13, is annulled starting from the date on which this Law comes into force.
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 case 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.
4. The Government, ministries, ministerial-level agencies and other regulatory bodies shall review legislative documents promulgated or to be promulgated by them and related to household registration books and/or temporary residence registers or providing for presentation of written confirmations of residence to amend these documents in consistency with regulations of this Law, and avoid naming information on places of residence as a requirement for administrative procedures.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 10th session, on November 13, 2020.
Therefore, from the end of December 31, 2022, the household registration book and temporary residence book will be invalid, and the residence registration agency will collect the household registration book when citizens carry out residence registration procedures that lead to changes in the information in the household registration book.
Decree 104/2022/ND-CP will come into effect from January 01, 2023.
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