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QUESTION
Dear lawyer, 

My grandfather was born in 1936. He is 85 years old now, and also meeting some difficulties in getting a new citizen Citizen Identification Card (CIC). Regarding papers: There is original Birth Certificate, expired Identification Card (ID), temporary residence book, temporary absence in Ho Chi Minh City. However, the Household Registration Book was lost. Please tell us how to register for new CIC.

Best regards.

ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Pursuant to point b clause 1 Article 12 Circular 07/2016/TT-BCA, amended by clause 2 Article 1 Circular 40/2019/TT-BCA regulating about the procedure of granting new CIC:

1. b) The cadre receives the profile requesting to be granted the CIC at CIC management agency, checks, compares the citizen information in CIC declaration form (in case the citizen has declared online then they shall be approved through scan reader device or receiving device into the system) with the information in National Population Database which has been connected to Citizen Identification Database in order to specifically identify to whom the CIC granted and unify the citizen information;

In case the National Population Database has not come into the process, the citizen is required to present the Household Registration Book. In case the information on the Household Registration Book was not full-filled or ununified with the citizen information declared in the CIC declaration form, the citizen is required to present Birth Certificate, previous ID card or other legal certificates the information declared in the CIC declaration form:

In case citizens carry out procedures for issuance CIC at district-level Citizen Identification Management Agency who need to adjust amendment in Household Registration Book which is under the competence of district-level Police Offices and the citizen has shown full legal documents according to the provisions of law on residence, the file of adjusting amendment in the citizen's Household Registration Book shall be approved. Concomitantly, the file of granting CIC shall also be approved. The cadre receiving file shall transfer the file of adjusting amendment in the citizen's Household Registration Book to the Department of Residence Registration and Management to adjust for the citizen. After the adjustment is completed, the Department of Residence Registration and Management shall return the adjusted Household Registration Book to the receiving Department of granting CIC.

Pursuant to clause 2, clause 3 Article 10 Circular 35/2014/TT-BCA stipulating about Grant, Regrant the Household Registration Book:

2. In case the Household Registration Book are damaged then shall be changed; if lost, they may be re-granted. A changed or re-granted household registration book must bear the same serial number and contents of the old one. A dossier of application for household registration book change or re-grant must comprise:
3. a) The notice of change in household registration or membership. For re-grant of household registration books in provincial cities and towns and urban or rural districts and towns of centrally run cities, certification by the police office of the commune, ward or township of the place of permanent residence is required in such notice;
4. b) The household registration book (for change of damaged household registration books) or family registration book or certificate of collective registration (for change from old registration book form to new one).

Residence Registration Agencies shall recover damaged household registration books or family registration books or certificates of collective registration and stamp the “void” mark for file of household registration dossiers.

3. Within 3 (three) working days after receiving a complete and valid dossier, the agency competent to register permanent residence shall change or re-grant a household registration book.

Pursuant to clause 1, clause 3 Article 38 Residence Law stipulating about Implementation clauses:

1. This Law takes effect from July 01, 2021.
2. Starting from the date on which this Law comes into force, issued family registries and temporary residence registries may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive.

In case the information in the Household Registration Book, Temporary Residence Book is different from the ones in Residence Database, the information in Residence Database shall be applied.

When citizen carries out the residence registration procedure and this leads to information adjustment in the Household Residence Book, Temporary Residence Book, Residence Registration Agency is in the responsibility for revoking the granted Household Residence Book/Temporary Residence Book, proceeding adjustment, update in Residence Database pursuant to the provisions of this Law and not granting or regranting the Household Residence Book/Temporary Residence Book.

Regarding your situation, pursuant to the provisions of law in registering CIC, you will have to bring these following files: The Granted ID, Household Residence Book; Birth Certificate or other legal files in case the information declared in the CIC (with the chip) declaration form is different from the information in Household Residence Book or in the National Population Database. Therefore, it is mandatory to own/present the Household Residence Book. If lost, you can ask for regranting Household Residence Book, the procedure for regranting it includes: Letter/Form of notice for household, census adjustment. As for the regranted Household Residence Book at city, provincial town, district, town under city under (the jurisdiction of) the central government - this must be certified by the Commune/Ward/Town Police Office in the place of temporary residence and this certification shall be recorded in Letter/Form of notice for household, census adjustment. 

However, according to Law on Residence, after July 1st 2021, when citizen changes CIC (into CIC with the chip) which leads to information adjustment in the Household Residence Book, the Residence Registration Agency shall revoke the Household Residence Book; therefore, the procedure of regranting Household Residence Book will not be able to make it in time. In addition, your grandfather has already been 85 years old and owned an original Birth Certificate. With regards, we advise you to ask the local Police for support, to see whether it is able to use the Birth Certificate instead of Household Residence Book.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice. 

In case you ever need detailed consultation, please contact us directly for specific advice.

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