When shall provision and exchange of information and data in database on residence in Vietnam be permitted?

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Question date: 18/11/2022

When shall provision and exchange of information and data in database on residence in Vietnam be permitted? What are 11 documents for proof of legal residence in Vietnam? What are regulations on information sources, request and order of collecting, updating citizen information in database on residence in Vietnam?

    • When shall provision and exchange of information and data in database on residence in Vietnam be permitted?
      (illustration)
    • When shall provision and exchange of information and data in database on residence in Vietnam be permitted?

      When shall provision and exchange of information and data in database on residence in Vietnam be permitted? Thank you!

      Answer:

      As prescribed in Clause 3 Article 13 of the Decree 62/2021/NĐ-CP, below are cases where provision and exchange of information and data in database on residence are permitted:

      - Proceeding agencies may be provided, exchange information and documents on database n residence to serve investigation, prosecution, and trials;

      - Supervisory agencies of specialized databases, regulatory authorities, political organizations, socio-political organizations may be provided, exchange information and data in database on residence to serve management affairs within their functions, tasks, and powers;

      - Citizens may be provided and exchange their information on database on residence;

      - Agencies, organizations, and citizens not specified under Points a, b, and c of this Clause who request to be provided with and exchange information, documents on database on residence of other citizens must obtain verified written consent of the information owners and consent of heads of police authorities of communes or districts in case commune division is not established where the information owners register for temporary residence or permanent residence.

      What are 11 documents for proof of legal residence in Vietnam?

      I want to know about documents for proof of legal residence in Vietnam. Thank you!

      Answer:

      As prescribed in Clause 1 Article 5 of the Decree 62/2021/NĐ-CP, when a citizen registers for residence, he/she must prove legal residence by any of following documents:

      - Documents proving land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house);

      - Construction permit according to regulations and law on construction (in case constructions require construction permit and have been fully constructed);

      - Residential real estate sale agreement for houses owned by the Government or documents on liquidation of houses owned by the Government;

      - Residential real estate purchase agreements proving transfer of houses and receipt of houses of enterprises engaging in sale of constructed, invested houses;

      - Documents regarding purchase, lease purchase, receipt of bequeathment, receipt of inheritance, receipt of capital contribution, receipt of house transfer according to regulations and law on land and houses;

      - Documents on gift of charitable houses, provision of houses, land for individuals and households;

      - Documents of courts of competent administrative agencies on permitting house ownership that are legally effective;

      - Documents bearing confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding houses, land for residential purposes that does not suffer from disputes relating to house ownership, land use right if any of the documents above are not available;

      - Documents proving registration of vehicles under his/her ownership. In case vehicles are not required to be registered, provide confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding use of vehicles as residence; Written confirmation of regular parking spaces of vehicles if registered residence is not where vehicles are registered or vehicles are not required to be registered;

      - Legal documents proving lease, rental, provision of provisional residence are documents allowing rental, lease, provision of provisional residence of agencies, organizations, and individuals according to regulations and law on land and houses;

      - Documents of agencies, organizations bearing signatures and seals of heads of agencies, organizations and proving provision, use of houses, transfer of houses, owning houses established on land assigned by agencies, organizations for residential purposes (for houses and land under management of agencies, organizations).

      What are regulations on information sources, request and order of collecting, updating citizen information in database on residence in Vietnam?

      What are regulations on information sources, request and order of collecting, updating citizen information in database on residence in Vietnam? Thank you!

      Answer:

      Pursuant to Article 11 of the Decree 62/2021/NĐ-CP stipulating information sources, request and order of collecting, updating citizen information in database on residence in Vietnam as follows:

      1. Citizen information shall be collected and updated in database on residence from:

      a) National database on population, database on Citizen Identity Cards, electronic database on civil status, other national databases and specialized databases shared with database on residence;

      b) Documents and records regarding residence registration and management; record of residence registry, residence registration and management documents; record of Citizen Identity Cards; civil status documents.

      2. Collection and update of citizen information to database on residence must satisfy following requirements:

      a) Citizen information shall only be collected and updated to database on residence after being verified;

      b) In case citizen information is collected and updated from multiple sources and is inconsistent, upon collecting and updating citizen information, police authorities of communes or districts in case commune division is not established are responsible for cooperating with civil registry authority, relevant agencies or the citizens to examine legitimacy of the information and for the information prior to collection and update to database on residence;

      c) Citizen information that has been collected and updated to database on residence must be fully stored and displaying past updates and revisions.

      3. Citizen information shall be collected and updated in database on residence in following order:

      a) Citizen information is collected and updated from National database on population, Database on Citizen Identity Cards, documents and records regarding residence registration and management; record of residence registry, residence registration and management documents; record of Citizen Identity Cards;

      b) In case sources under Point a of this Clause are unavailable or insufficient, collect and update from database on civil status, civil status documents, other national databases and specialized databases shared with database on residence.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 13 of the Decree 62/2021/NĐ-CP Download
    • Article 5 of the Decree 62/2021/NĐ-CP Download
    • Article 11 of the Decree 62/2021/NĐ-CP Download
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