Thông tư 53/2016/TT-BCA về thông tin tạm trú của người nước ngoài tại Việt Nam

THE MINISTRY OF PUBLIC SECURITY 

Circular No. 53/2016/TT-BCA dated December 28, 2016 of the Ministry of Public Security on the declaration and acknowledgement of information on temporary residency of foreigners in Vietnam

Pursuant to the Law of immigration, transit and residency of foreigners in Vietnam dated June 26, 2014;

Pursuant to the Government’s Decree No. 106/2014/ND-CP dated November 17, 2014 on the functions, missions, authority and organizational structure of the Ministry of Public Security;

At the request of the Head of General Department of Security;

Ministry of Public Security promulgates the Circular on the declaration and acknowledgement of information on temporary residency of foreigners in Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular defines the mechanism for declaring and acknowledging information on temporary residency of foreigners in Vietnam.

Article 2. Subject of application

This Circular applies to the foreigners residing in Vietnam, the establishments providing temporary overnight accommodation for foreigners (referred to as the accommodation establishments), the agencies managing foreigners’ temporary residency and relevant organizations and individuals.

Article 3. Principles

1.It supports foreigners, accommodation establishments, relevant organizations and individuals to declare and acknowledge information on foreigners’ temporary residency in Vietnam.

2.The information on foreigners’ temporary residency shall be declared and acknowledge promptly, fully and accurately. Accommodation establishments shall promptly report foreigners who do not possess a passport or equivalent paper or are suspicious to the nearest police station for verification.

3.Hotels furnishing tourist accommodation shall declare foreigners’ temporary residency on a website intended thereof. Other accommodation establishments can declare foreigners’ temporary residency either on website, which is more encouraged, or via the temporary residency declaration form.

4.Representatives or mandated persons of accommodation establishments or individuals assigned to manage and operate directly the establishments shall declare the temporary residency of foreigners transiently inhabiting such establishments. If a foreigner dwells on long-term basis in an accommodation establishment whose owner does not inhabit such establishment or in a house that such foreigner purchases, the undersigned of the rent contract or the house purchase contract shall be held responsible for declaring the temporary residency of the foreigner in such place of domicile (referred to as the declarant of temporary residency).

Chapter II

SPECIFIC PROVISIONS

Part 1. DECLARATION AND ACKNOWLEDGEMENT OF INFORMATION ON TEMPORARY RESIDENCY OF FOREIGNERS ON WEBSITE

Article 4. Signing up for a declaration account on website

1.Declarant of temporary residency shall access the website of the immigration office of the police department of the province or central-affiliated city where the relevant accommodation establishment is located (referred to as the website) and input the name, type, address, telephone number and email address of the accommodation establishment and the declarant’s name, date of birth, telephone number, ID card number or citizenship identity card number or passport number to obtain a declaration account. Changes to the information concerning the declaration account shall be updated promptly on the website.

2.Declarant of temporary residency shall be responsible for managing and securing the password and all information ensuing from the declaration account. If the declaration is stolen, abused or not accessible, such incident shall be reported promptly to the immigration office of the provincial police department. The declaration account shall be automatically terminated when the declared information is not updated in 12 months, is untrue or contains inaccurate details on the foreigner or accommodation establishment.

Article 5. Declaration of temporary residency

1.Declarant of temporary residency shall access the website and log on the declaration account to declare the information on temporary residency. The declaration of a foreigner s temporary residency on the website shall proceed immediately upon the foreigner’s registration of temporary residency.

2.The declared information on temporary residency includes the foreigner’s full name, gender, date of birth, nationality, passport number or equivalent paper, and expected duration of temporary residency. The information shall be entered into relevant fields or into the sample input file available on the website.

3.The declarant shall examine and revise the information before saving it. In addition, the declarant shall check the section of temporary residency information management to confirm the system’s acknowledgement and re-input the information that is yet acknowledged.

Article 6. Acknowledgement of information on temporary residency

The immigration office of the provincial police department shall acknowledge the information on foreigners temporary residency declared on the website on 24/7 basis and notify border guard stations in border areas where foreigners reside temporarily in local accommodation establishments.

Part 2. DECLARATION AND ACKNOWLEDGEMENT OF INFORMATION ON TEMPORARY RESIDENCY OF FOREIGNERS DECLARED VIA TEMPORARY RESIDENCY DECLARATION FORM

Article 7. Completion and submission of temporary residency declaration form

1.Declarant of temporary residency shall contact the officer on duty in the police station of the relevant commune, ward or town or the relevant police post (referred to as the communal police) to obtain Form No. NA17 for temporary residency declaration, which is annexed to the Circular No. 04/2015/TT-BCA dated January 05, 2015 by the Ministry of Public Security.

2.Declarant of temporary residency shall fill in and submit the form by hand to the officer on duty of the communal police of the locality where the accommodation establishment is located in 12 hours or, if the locality is remote, in 24 hours upon the foreigner’s registration of temporary residency.

3.The form may be faxed or information may be furnished on phone to the officer on duty of the communal police before the form is submitted by the deadline defined in Section 2 of this Article.

Article 8. Acknowledgement of temporary residency declaration form

1.The officer on duty of the communal police shall acknowledge information of foreigners’ temporary residency declared via the form on 24/7 basis.

2.The officer on duty of the communal police shall examine the form, request immediate supplements to the missing information, confirm and photocopy the form or write the information acknowledged into the duty logbook then return the form to the declarant. In addition, a notification shall be sent to the border guard station in the border area where the foreigner temporarily resides in a local accommodation establishment.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 9. Effect

This Circular takes effect on February 15, 2017.

Article 10. Implementation organization

1.General Department of Security is responsible for:

a) Promulgating guidelines for the police’s acknowledgement, management and use of the declared information on foreigners temporary residency.

b) Supervising, inspecting and spurring police units, local authorities, relevant organizations and individuals to implement this Circular.

2.Provincial police departments shall be responsible for:

a) Publishing the website, telephone number and fax number at contact offices or on means of mass communication of local authorities.

b) Assigning capable officers adequately to acknowledge the information on foreigners’ temporary residency declared on the website or via the temporary residency declaration form pursuant to regulations.

c) Conducting regular checks and providing technical support to accommodation establishments to maintain the promptness and smoothness of their declaration of foreigners temporary residency on the website.

d) Providing the sample form for temporary residency declaration.

dd) Confirming the declaration of temporary residency upon request.

3.Heads of general departments and divisions of the Ministry, directors of police and firefighting departments of provinces and central-affiliated cities shall be responsible for implementing this Circular./.

The Minister of Public Security

Colonel General To Lam