Vietnam: Decree 104/2022/ND-CP on removal of physical household registration book

On December 22, 2022, the Government of Vietnam issued Decree 104/2022/ND-CP amending a number of articles of the decrees related to the submission and presentation of household registration books and paper temporary residence books when performing administrative procedures and providing public services.

Vietnam: Decree 104/2022/ND-CP on removal of physical household registration book

On December 22, 2022, the Government of Vietnam issued Decree 104/2022/ND-CP, amending and supplementing a number of articles of the decree related to the submission and presentation of household registration books and paper temporary residence books when performing administrative procedures and providing public services.

Decree 104/2022/NĐ-CP

1. To remove the requirement for household registration books when determining stable land use in Vietnam

Accordingly, Decree 104/2022/ND-CP amends Point e, Clause 2, Article 21 of Decree 43/2014/ND-CP as follows:

"e) Citizenship Identification Card or National Identity Card or birth certificate; papers of payment of electricity, water, and other payments showing the residential address in the registered land plot." "In case the information on residence cannot be exploited in the National Database of Population, the Certificate of Residence Information shall be added."

Currently, at Point e, Clause 2, Article 21 of Decree 43/2014/ND-CP stipulates:

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;

2. Regulations on the exploitation and use of citizens' residence information when removing physical household registration books and temporary residence books in Vietnam

Specifically, the exploitation and use of information about citizens' residence when removing paper household registration books and temporary residence books is as follows:

- Competent agencies, cadres, civil servants, public employees, and individuals assigned to receive and handle administrative procedures and provide public services must exploit and use information on citizens' residences in the National Population Database to settle administrative procedures and provide public services.

- For information about citizens' residence at the time of administrative procedures: Cadres, civil servants, public employees, and individuals are responsible for receiving and handling recorded administrative procedures and keeping them in administrative procedure files on the information system for settlement of administrative procedures at the ministerial and provincial levels.

The exploitation and use of information on citizens' residence in the National Population Database shall be done by one of the following methods:

+ Look up and exploit personal information through the function of the information system for handling administrative procedures at the ministerial and provincial levels, which is connected to the national population database or through the national public service sewer;

+ Look up personal information through the citizen's electronic identity account displayed in the VNelD application;

+ Use a reader device that has been connected online to the National Population Database, including a QRCode reader or a chip reader on a chip-mounted citizen ID card;

+ Other mining methods permitted by specialized legislation

- If the above methods fail to exploit the citizen's residence information:
competent agencies, cadres, civil servants, public employees, and individuals assigned to receive and handle administrative procedures and provide public services mayrequire citizens to submit a copy of or present one of the valid documents proving residency information.

The request that citizens submit a copy of or present a valid document proving residency information should be specified in the decision on publicizing administrative procedures of the ministry, agency, or locality or in the service notification documents of the agency or organization providing the service.

- Types of documents that are valid to prove information about residence include: Citizen identification card, people's identity card, certificate of residence information, notice of personal identification number, and citizen information in the National Population Database

Decree 104/2022/ND-CP takes effect on January 1, 2023.

Quoc Dat

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