Cư trú là gì? Quy định nơi cư trú và quản lý cư trú mới nhất?

What is residency? Residency rules? Citizens’ freedom of residence? The latest regulations on residence and residence management?

We often think of residence as our permanent residence. However, permanent residence is only one form of residency. So what is residency? What types of residency are there? Regulations on residence of individuals, residence management for individuals according to the latest regulations?

1. What is residency?

The 2020 Residence Law explains residency as follows:

“Residence means a citizen living in a place belonging to a commune-level administrative unit or a district-level administrative unit in a place where there is no commune-level administrative unit (hereinafter collectively referred to as commune-level administrative units). .”

Inside:

– The current place of residence is the place of permanent residence or temporary residence where the citizen is regularly living; in case there is no permanent or temporary place of residence, the current residence is the place where the citizen is actually living.

Permanent place of residence is a place where citizens live stably and permanently and have been registered for permanent residence.

Temporary residence is a place where citizens live for a certain period of time outside of their permanent residence and have been registered for temporary residence.

2. Rules of residence:

– Comply with the Constitution and the law

– To harmonize the legitimate rights and interests of citizens, the interests of the State, the community and society; combine assurance of freedom of residence, other fundamental rights of citizens and responsibilities of the State with the task of socio-economic construction and development, consolidation of national defense and security, and assurance safety and order of society.

– The order and procedures for residence registration must be simple, convenient, timely, accurate, public, transparent and not troublesome; the management of residence must ensure strict and effective.

– Information on residence must be updated in the National Database on Population, Database on Residence as prescribed by law; At a time, each citizen has only one permanent place of residence and can have an additional temporary residence.

All violations of the law on residence registration and management must be detected and handled promptly and strictly in accordance with law.

3. Citizens’ right to freedom of residence:

Citizens’ right to freedom of residence shall be exercised as follows:

Citizens exercise their right to freedom of residence in accordance with this Law and other relevant laws.

– Citizens’ exercise of the right to freedom of residence is restricted only in the following cases:

a) The person is banned from leaving the place of residence by a competent procedure-conducting agency or person, or is held in custody or temporary detention; a person sentenced to prison but has not yet had a judgment enforcement decision or has a judgment enforcement decision issued but is on bail or has been granted a postponement or suspension of sentence execution; the person sentenced to prison is entitled to a suspended sentence while on probation; persons who are serving a prison sentence, ban from residence, probation or non-custodial reform; the person who is released from prison before the conditional term is under probation;

b) Persons currently serving the measure of education in communes, wards or townships, the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment, or sending to a reformatory; persons subject to the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment or sending to a reformatory but having their execution postponed or temporarily suspended; the person under management during the time of carrying out the procedures for considering and deciding to apply the measure of sending to a compulsory education institution, to a compulsory detoxification establishment, to a reformatory;

Xem thêm bài viết hay:  Vôi sống là gì? Tính chất hóa học và ứng dụng của vôi sống?

c) Persons isolated due to the risk of spreading disease to the community;

d) Location, isolation area for reasons of disease prevention and control according to decision of competent agency or person; areas with a state of emergency as prescribed by law; locations where new permanent residence registration, new temporary residence registration or household separation is not permitted under the provisions of this Law;

– Citizens’ exercise of the right to freedom of residence is restricted only in accordance with the provisions of law. The content and duration of restriction on the right to freedom of residence shall comply with legally effective judgments or decisions of courts, decisions of other competent state agencies or in accordance with relevant laws.

The State has uniform policies and measures to ensure the exercise of citizens’ right to freedom of residence. At the same time, the State ensures the budget, physical facilities, human resources, investment in the development of advanced and modern technologies for residence registration and management.

4. The latest regulations on residence and residence management:

4.1. Regulations on the rights and obligations of citizens regarding residence:

Citizens’ right to reside

– Select and decide on his/her place of residence and register his/her residence in accordance with this Law and other relevant laws.

– To be guaranteed the confidentiality of personal information and information about households in the residence database, except for cases provided as prescribed by law.

– To exploit information about their residence in the National Database on Population; information about residence is confirmed by the registration agency residing in the country regardless of his/her place of residence upon request.

– To be updated and adjusted by the residence registration authority in the residence database when there is a change or upon request.

To be provided with information and documents related to the exercise of their right to freedom of residence upon request.

– To be taken by a competent state agency to take measures to protect the right to freedom of residence.

– Complaints, denunciations and lawsuits against acts of violating the law on residence as prescribed by law.

Citizens’ obligations regarding residence

– Carry out the registration of residence in accordance with this Law and other relevant laws.

– To provide fully, accurately and promptly information, papers and documents about his/her residence to the competent and responsible agencies and persons for the provided information, papers and documents.

– Pay the residence registration fee in accordance with the law on fees and charges.

4.2. Regulations on residence of citizens:

Citizen’s place of residence

Citizens’ places of residence include places of permanent residence and temporary residence.

– In case the place of permanent residence or temporary residence cannot be determined, the citizen’s place of residence is the current place of residence which is determined according to regulations as for a person without a permanent or temporary place of residence.

Place of residence of minors

– The place of residence of the minor is the place of residence of the father or mother; if the parents have different places of residence, the place of residence of the minor is the place of residence of the father or mother with which the minor regularly lives; in case the place of habitual cohabitation cannot be determined, the place of residence of the minor is the place agreed upon by the parents; If the parents cannot reach an agreement, the place of residence of the minor shall be decided by the court.

Xem thêm bài viết hay:  Bài văn tả một ca sĩ đang biểu diễn mà em yêu thích chọn lọc

A minor may have a place of residence different from that of his or her father or mother if so consented by the father or mother or provided for by law.

The place of residence of the ward

– The place of residence of the ward is the place of residence of the guardian.

– The ward may have a place of residence different from that of the guardian if so agreed by the guardian or as provided for by law.

Place of residence of husband and wife

The place of residence of the husband and wife is the place where the husband and wife regularly live together.

– Husband and wife may have different places of residence as agreed upon or in accordance with relevant laws.

Place of residence of people studying, working or working in the armed forces

– The place of residence of officers, non-commissioned officers, soldiers, professional soldiers, workers, defense officers, students and cadets of the People’s Army schools is where their units are stationed, except in case officers, non-commissioned officers, soldiers, professional soldiers, defense workers and public employees have other places of residence as prescribed.

– Residence of professional officers, professional non-commissioned officers, professional and technical officers, professional and technical non-commissioned officers, students, students, trainees of People’s Public Security schools, non-commissioned officers service, military serviceman, public security worker is the place where such person’s unit is stationed, except for professional officers, professional non-commissioned officers, professional and technical officers, professional and technical non-commissioned officers, police workers have other places of residence as prescribed.

The place of residence of the person who lives or is engaged in itinerant work on a ship, boat or other vehicles capable of moving

– The place of residence of the person living or working as a mobile worker on a ship, boat or other vehicle capable of moving (hereinafter referred to as the vehicle) is the place where such means of transport is registered, unless there is a place of residence. other schools as provided for by this Law.

For a vehicle that is not required to be registered or has a place of vehicle registration that does not coincide with the place where it is regularly parked, the place of residence of the person living or working as a mobile worker is the place where such vehicle is regularly parked.

Place of residence of people engaged in belief or religion activities, children, people with disabilities, people helpless in a belief establishment, a religious establishment

– Place of residence of people engaged in religious activities, monks, dignitaries, positions, other persons engaged in religious activities living in a belief establishment, a religious establishment being a belief establishment or a religious establishment; unless there is another place of residence as prescribed.

– Place of residence of children, people with extremely severe disabilities, people with severe disabilities, and helpless people who are adopted and live in a belief establishment, a religious establishment being a belief establishment, a religious establishment or a religious establishment. teacher.

Place of residence of the person being cared for, nurtured or assisted

– The place of residence of the person being cared for, nurtured or assisted at a social assistance establishment is a social assistance establishment.

Xem thêm bài viết hay:  Lỗi là gì? Phân tích sự khác nhau giữa lỗi cố ý và lỗi vô ý?

– The place of residence of the person being cared for and brought up in the community is the place of residence of the person receiving care and nurture.

Place of residence of a person who has no permanent or temporary residence

– The place of residence of a person who does not have both a permanent place of residence and a temporary place of residence due to ineligibility for permanent residence registration or temporary residence registration is his/her current residence; in case there is no specific place of residence, the current place of residence shall be determined as the commune-level administrative unit where that person is actually living. Persons who do not have a permanent place of residence or a temporary place of residence must declare their residence information to the registration office of residence in their current place of residence.

– The residence registration agency is responsible for guiding the declaration of information about residence according to the information fields in the National Database on Population, Database on Residence.

4.3. Regulations on state management of residence:

– The Government performs the unified state management of residence throughout the country.

The Ministry of Public Security is responsible before the Government for performing the state management of residence and has the following responsibilities:

a) Formulate and submit to the Government for promulgation or promulgate according to its competence legal documents on residence;

b) Direct and organize the implementation of legal documents on residence; organize the registration and management of residence nationwide, update information about residence in the national database on population, database on residence;

c) To suspend or annul according to its competence or propose competent authorities to annul regulations on residence management contrary to the provisions of this Law;

d) Issuing, printing and managing the declaration of change of residence information and papers, documents, forms and books on residence;

dd) Equipping machinery, means and equipment; arrange, train and retrain staff to do the work of residence management;

e) State statistics on residence, summarize and conduct scientific research on residence management, organize the propagation, dissemination and education of the law on residence;

g) Examine, inspect, settle complaints and denunciations and handle violations of the law on residence in accordance with law;

h) International cooperation on residence management.

Ministries and ministerial-level agencies, within the ambit of their tasks and powers, are responsible for performing the state management of residence as assigned by the Government.

– People’s Committees at all levels, within the ambit of their tasks and powers, have the following responsibilities:

a) Organize the implementation of legal documents on residence in the locality;

b) Direct the coordination among local concerned agencies on residence management;

c) Organizing the propagation, dissemination and education of the law on residence;

d) Examine, inspect, settle complaints and denunciations and handle violations of the law on residence in accordance with law.

Thus, on the matter of determining the place of residence, the agency competent to manage the place of residence will have to comply with the above provisions.

Chuyên mục: Bạn cần biết

Nhớ để nguồn bài viết: Cư trú là gì? Quy định nơi cư trú và quản lý cư trú mới nhất? của website thcstienhoa.edu.vn

Viết một bình luận