Decree 31/2014/nd-Cp: Detailing Some Things Law Enforcement Measures And Residences

Original Language Title: Nghị định 31/2014/NĐ-CP: Quy định chi tiết một số điều và biện pháp thi hành Luật Cư trú

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The DECREE detailing some things law enforcement measures and residents _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law of residence on July 11, 2013;
According to the recommendation of the Minister of public security, the Government issued a decree detailing a number of articles and Law enforcement measures.
Article 1. Scope of this Decree detailing implementation of some articles of the law of residence about the responsibilities of agencies, organizations, individuals in the detection, prevention of the abuse of household rules limit the rights, legitimate interests of citizens; the residence of the citizens; papers, documents proving legal accommodations; Permanent registration period, the registration conditions in the central cities.
Article 2. The object of this Decree apply apply to agencies, organizations, families, citizens of Vietnam, Vietnam people settled abroad Vietnam nationals still return to Vietnam to live.
Article 3. Prohibits the abuse of family rules limit the rights, legitimate interests of the population of 1. Rules of the law of family residence includes the following content: a) register, resident manager;
b) registration, management of temporary stay;
c) stay informed;
d) declare a temporary absence.
2. The abusive household rules limiting the rights and legitimate interests of citizens are prohibited: a) issued legal documents, other documents related to the household rules that limit the rights, legitimate interests of citizens;
b) given the rules of the household as conditions to limit the rights, legitimate interests of citizens;
c) settle the rules of the law of residence or refuse to resolve the household requirements of citizens limit the rights, legitimate interests of citizens;
d) labor contract does not specify the time limit with workers not belonging to his business to enter the household.
Article 4. The responsibilities of the ministries, the people's committees of all levels and citizens in the implementation of the regulations on household 1. The responsibilities of the ministries, the people's committees of all levels a) checking, reviewing legal documents and other texts in the field of management relating to regulations on households to modify khau, addition, removal, or recommendation the Agency has the authority to modify Supplement, abolish the contents contrary to the law of the residence and the residence Law Guide text;
b) issued legal texts, other texts relevant to the jurisdiction rules of the household are not contrary to the law of the residence and the residence Law Guide text; not limit the rights, legitimate interests of citizens;
c) directing, inspecting, monitoring agencies, organizations, individuals in the authority of management in the implementation of the law on residence and the residence Law Guide text;
d) detect, prevent, handle time, strict rules on abusive household limit the rights, legitimate interests of citizens.
2. responsibility of citizens citizens are responsible for the detection, timely notification and assistance agencies, authorities in preventing, handling the abuse the household rules limit the rights, legitimate interests of citizens.
Article 5. The residence of citizens 1. The residence of citizens is the place of permanent or shelter. Each registered only citizens resident in a legitimate accommodation and often live.
The accommodation can legally owned, used or are agencies, organizations, individuals, lend lease, in thanks to the provisions of the law. As for the legal accommodation due to rent, borrow or in my personal thanks to, organizations in centrally to ensure conditions of the average area under the provisions of the city councils.
2. where does not determine the place of residence of citizens as stipulated in paragraph 1 of this article, the place of residence of the citizen is where the person is living and certified by the communes, wards and towns.
3. legal accommodations include: a) housing;
b) ships, boats, other vehicles intended to stay and serve the living of households, individuals;
c other non) home point a, point b of this Clause but used aim to stay and serve the living of households and individuals.
4. Not registered permanent residence when citizens moved to new accommodation, in one of the following cases: a) the accommodation is located in the forbidden zone, venue construction or informally about mold protection technical infrastructure works, historical monuments, the culture has been rated;
b) accommodation that the whole housing area located on the ground of unauthorized encroachment;
c) Place in there was compensation, resettlement and support of the Government agency having jurisdiction; the accommodation is the home in which a part or the whole area of housing disputes, complaints related to the ownership, use, but have yet to be resolved in accordance with the law (except those in a relationship is you, Grandma, foreign, father, mother, wife, husband, child moved in with each other);
d) accommodation equipment levy, seizure to enforce the judgment, characterized the purchase as determined by the competent State agencies;
is housing accommodation) has decided to dismantling of the competent State bodies.
Article 6. Papers, documents proving the legal accommodation 1. Papers, documents proving legal accommodations to the resident registration is one of the papers, the following documents: a) papers, documents proving the legal accommodation owned by the citizens is one of the papers, the following documents:-certificate of house property right or the owner of the papers by the housing agency of competent jurisdiction over the forecast States;
-Papers on land use in accordance with the law on land (already housing on that land);
-Building permit according to the provisions of the law on construction (for the case of license);
-Home purchase contracts in State-owned or papers toward the price of liquidation of State-owned housing;
-Purchase contract or proof of the handing in of the House, got home in enterprise's business functions of housing construction for sale;
-Papers on the buy, sell, donate, give, Exchange, inherited the House in notarized or attested by the people's committees of communes, wards and towns (hereinafter referred to as the social people's Committee);
-Transport documents BAC, House, modern House, House, land in for individuals, households and immigrants under the State's plan or other objects;
-Papers of court or administrative agency of the State has jurisdiction to be House property has legal effect;
-Documents confirmed by the people's Committee for social housing, land in no dispute with the owner of the House, the land use right in without one of the above mentioned papers;
-Proof of registration of the ship, boats, other vehicles in ownership and address the media's use of the original Ben to stay. The absence of the registration certificate of the people's Committee of township-level boat, boats, other vehicles used to stay in ownership or confirm the purchase , donation, inheritance, ships, boats, other vehicles and addresses the root of that media dock.
b) papers, documents proving the rent, lend, in thanks to the legal text is the accommodation for rent, lend, in thanks to the other House of the Agency, organization, or individual's (a text case for rent, lend, in thanks to the other House of the individual must be notarized or attested by the people's Committee of social level). For housing, other buildings in the central cities must have confirmation of the people's Committee of township-level conditions of the secured area average according to the regulations of the people's Council and central cities are people for hire, loan, in thanks to agree to tape the text;
c) papers of agencies, institutions, religious establishments about accommodation citizens in cases stipulated in Points c, d paragraph 1 Article 26 of the law of residence;
d) Agency's papers, held by the heads of agencies, the Organization signed, stamped proofs on the be level, use of housing, housing assignment, have created the housing on the land by the Agency, the organization assigns to do housing (for housing, land under the jurisdiction of the Agency management , organization).
2. Papers, documents proving legal accommodations to register shelter is one of the papers, the following documents: a) one of the papers, the documents prescribed in paragraph 1 of this article, except for the papers, documents proving the legal text is the accommodation for rent, loan , in thanks to the other House of the individual, the text that does not need notarized or attested by the social people's Committee;
b) written commitment of the citizens of the chishima accommodation used and there is no dispute about the right to use if no one of the papers, the documents specified in point a of this paragraph.
3. In the case of the housing legislation text has changed, the Minister of public security specifies the papers, other documents prove legitimate accommodation to permanent registration, staying consistent with the text of that law.
Article 7. Permanent registration deadline 1. Within a period of 12 months from the date of transfer to the new legal and accommodation are eligible to register permanent residence, then the change in the legal or representative households with permanent registration in new accommodation.
2. Within a period of 60 days from the date of the opinion of the person of the household, who is so people have Hukou agree to enter into his window or household representative is responsible for permanent registration procedures.
3. Within a period of 60 days from the date of the birth registration of children, father, mother or household representatives, guardians, carers, care of children with permanent registration procedure for children.
Article 8. The condition of citizens staying resident registered centrally in the city of 1. Citizens are staying if there are enough conditions below shall be registered in the central cities: a) Have legal accommodations in centrally;

b) have time staying constantly in the directly governed city from a year or more for cases of permanent registration in the district, a town in the central cities; from two years for cases registered permanent residence in the County in the central cities;
The cases continually staying at many different accommodation staying constant time is calculated by the total time staying in the accommodation;
c) Where permanent registration proposal must be where are staying.
2. The time limit for staying constant is calculated from the date the registered citizens staying up to date registration filing citizens often stay.
3. Proof of time staying is window staying level for household or personal level according to the form prescribed by the Ministry of public security. 4. Case of permanent registration in Hanoi City done as prescribed in paragraph 4 to article 19 of the law on the capital and other documents guiding the implementation of the law on the capital.
Article 9. Effect 1. The Decree has effect as from June 15, 2014.
2. This Decree replaces the following decree: a) Decree No. 107/2007/ND-CP on June 25, 2007, detailing and guiding the implementation of some articles of the law of residence;
b) Decree No. 56/2010/ND-CP dated 24 May 2010 amending and supplementing a number of articles of Decree No. 107/2007/ND-CP dated 25 June 2007 from the Government detailing and guiding the implementation of some articles of the law of residence.
Article 10. Responsibility 1. The Minister of public safety is responsible for ordering, checking, guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.