What are notable contents on family registries and temporary residence registries rejected from January 1, 2023 in Vietnam?
When does the paper family registries expire in Vietnam?
According to the provisions of Article 38 of the Law on Residence 2020 on the implementation clauses as follows:
"Article 38. 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 family registries and temporary residence registries 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 family registry or temporary residence registry 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 family registry or temporary residence registry, the registration authority shall revoke the issued family registry or temporary residence registry, update information in the residence database in compliance with regulations of this Law and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence registry 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 family registries and/or temporary residence registries 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."
Thus, from July 1, 2021, issued family registries and temporary residence registries may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive. When a citizen carries out a residence registration procedure that changes information in their family registry or temporary residence registry, the registration authority shall revoke the issued family registry or temporary residence registry, update information in the residence database in compliance with regulations of this Law and not issue a new family registry or temporary residence registry or reissue the old family registry or temporary residence registry to the citizen. From January 1, 2023, all family registries will expire.
The residence database will replace the family registy to serve the state residence management in Vietnam
In 2023, the state residence management will use the Residence Database uniformly managed by the Ministry of Public Security to replace the paper family registry. Accorrding to Article 36 of the Law on Residence 2020, the residence database is connected to the national population database as follows:
|"Article 36. Residence database
1. The residence database shall be developed for the purpose of state management of residence and be national property under the unified management of the Ministry of Public Security.
2. The residence database must be connected with the national population database and other databases as prescribed by law, and meet standards for databases as well as technical regulations and standards on information technology.
3. Requirements for collection, storage, processing, protection and use of data on residence:
a) Apply information technology to collect, store and process residence information in an adequate, timely and accurate manner; ensure data safety according to rules and database format;
b) Ensure safety of equipment for storage of information and documents on residence;
c) Protect cyber security and security of residence information on computer networks; ensure safety of information and documents stored in the residence database; prevent and control attacks, intrusion, information theft and destruction or damage to data on residence;
d) All access to the residence database aiming to change information on residence of citizens must be approved by the head of the registration authority or another competent authority;
dd) Regulatory bodies, organizations and individuals may not provide, exchange, copy or print information and documents from the residence database illegally.
4. The Government shall elaborate development, management and use of the residence database, information in the residence database and provision and exchange of information and documents from the residence database for/with regulatory bodies, organizations and individuals."
How to prove residence without the paper family registry in Vietnam
According to the provisions of Clause 1, Article 13 of Decree 62/2021/ND-CP on connection, sharing, provision, sharing of information and document in database on residence as follows:
"Article 13. Connection, sharing, provision, sharing of information and document in database on residence
1. Database on residence shall be connected and shared with National database on population and database on Citizen Identity Cards. Based on personal identification number of citizens, citizen information on database on residence shared to National database on population consists of:
a) Permanent residence;
b) Temporary residence;
c) Temporary absence declaration;
d) Current residence;
dd) Full name, personal identification number or ID Card number of household owners and members;
e) Relationship with household owners."
Thus, when the National Database on Residence operates and is connected, shared, exploited and used in common with the National Population Database, citizens are allowed to use personal identification numbers. personal information to determine personal information, residence information.
Besides, using citizen information in the Database on Residence will be secured according to the provisions of Clause 1, Article 14 of Decree 62/2021/ND-CP as follows:
"Article 14. Use, backup, recovery of residence data
1. Use of citizen information on database on residence must guarantee government secret, personal secret, family secret and private life of citizens. Agencies, organizations, and individuals using residence information of citizens to perform assigned functions, tasks, powers or process administrative procedures."
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