Voters in Ho Chi Minh City raised difficulties and problems in implementing the current Law on Residence, requesting the Ministry to soon research solutions to remove them:
+ Case 1: The legal residence is the house left by the ancestors, declared in 1979, all family members have registered permanent residence and resided in the house for many years, but until now, for various reasons, they have not completed the procedures to be granted a certificate of land use rights and house ownership rights. In the family, there is the birth of one or more new members, the grandparents, parents of the child register permanent residence for the child at the legal residence with the family, but the residence registration agency does not agree to register permanent residence for the child to live in the same household with the grandparents and parents because the grandparents and parents do not have a Certificate of land use rights, house ownership rights and other assets attached to the land, so they cannot prove that the legal residence is the owner of the house. Thus, the child cannot register for permanent residence and live with his grandparents and parents, affecting his rights because he cannot enjoy the State's preferential policies for children such as health insurance and going to school at the present time.
+ Case 2: The legal residence has a Certificate of land use rights and house ownership rights, but the owner is the grandfather or grandmother (deceased person), a family member has not completed the procedures to have their name on the Certificate of land use rights, house ownership rights and other assets attached to the land according to the inheritance procedure. In this case, the permanent residence registration office does not agree to allow the child to register for permanent residence or the elderly family member to register for permanent residence at the above legal residence, but the permanent residence registration office requires the family to complete the procedures to have a Certificate of land use rights, house ownership rights and other assets attached to the land in the name of the guarantor for permanent residence registration to prove that the legal residence is the owner of the house, only then can there be an agreement when carrying out the permanent residence registration procedure for the new member.
+ Case 3: There is a long-term lease contract for an old state-owned house (each lease contract is for a term of 60 months, with multiple extensions - more than 12 years). Previously, according to the 2003 Law on Residence and the 2013 Law on Residence, tenants of old state-owned houses were allowed to register permanent residence at the rental address. The 2020 Law on Residence takes effect, the agency handling residence registration cannot process permanent or temporary residence registration for children because there is no opinion from the State-owned housing management agency on whether or not to allow a newborn child to register permanent residence at the rental address with his or her parents.
From the specific cases mentioned above, voters request the Minister of Public Security to consider and direct the resolution of difficulties so that agencies can carry out residence registration for citizens according to the Law on Residence, to ensure the legitimate rights of the people.
Ministry of Public Security responds
On November 26, 2024, the Government issued Decree No. 154/2024/ND-CP detailing a number of articles and measures to implement the Law on Residence (replacing Decree 62/2021/ND-CP dated June 29, 2021) effective from January 10, 2025, accordingly, the content of Article 7 of this Decree has resolved the issue of permanent residence registration for minors registering for permanent residence for the first time, the local police do not need to verify "legal residence" and "actual residence or not"; the minor's parents have a household registration in the place where the minor is registered (no requirement on whether the house has a red book or whether it is an inheritance or not...).
In the coming time, the Ministry of Public Security will continue to coordinate with relevant ministries and branches to advise and propose to the Government to amend and supplement legal documents on registration and management of residence, including resolving and overcoming existing problems related to first-time residence registration for minors; at the same time, recommend and propose relevant agencies and branches to adjust regulations on health insurance policies, school attendance, etc. to avoid dependence on residence registration, affecting the rights of minors.
(According to Government Information)
Source: http://baovinhphuc.com.vn/Multimedia/Images/Id/127112/Se-de-xuat-dieu-chinh-quy-dinh-ve-BHYT-di-hoc-de-khong-phu-thuoc-vao-dang-ky-cu-tru-voi-nguoi-chua-thanh-nien
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