Failure to Register Temporary Residence: Who is Subject to Penalty?

According to the provisions at Point a Clause 1 Article 8 Decree 167/2013/ND-CP, individuals and household heads who fail to comply with the permanent residence or temporary residence registration requirements shall be fined from 100,000 VND to 300,000 VND.

The Law on Residence 2006 stipulates that citizens are responsible for adhering to the legal provisions on residence and providing full information and documents about their residence to the competent authorities. Specifically, Article 30 stipulates:

Individuals living, working, laboring, or studying at a location within a commune, ward, or commune-level town but not eligible for permanent residence registration at that locality must register for temporary residence at the local Police Department within thirty days from the date of arrival.

Thus, the responsibility for temporary residence registration primarily lies with the tenant, not the landlord. The landlord's responsibility is to provide consent for the tenant's temporary residence registration, documented on the household and population change notification form.

Therefore, if the authorities check and find that the individual has not registered for temporary residence, the person fined will not necessarily be the landlord but rather the tenant.

Below are some reminders when registering for temporary residence:

1. Venue for submitting temporary residence registration documents: Police Department of the commune, ward, or commune-level town where the temporary residence is located.

2. The temporary residence registration dossier includes:

   - Notification form of household and population changes; personal dossier declaration form;

   - Documents proving legal accommodation (except in cases where the household head with a household registration or temporary residence book agrees to the temporary residence registration, in which case no accommodation document is required. Such agreement must be noted in the household change notification form, with a signature including full name and date);

   - Presentation of the identity card or documents certified by the Police Department of the commune, ward, or commune-level town where the permanent residence is registered.

Duy Thinh

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