Where is not eligible for new permanent residence registration in Vietnam? What are the cases of annulment of permanent residence registration in Vietnam?
- What are the cases in which a citizen may register a lawful place of residence that is not under their ownership as their permanent residence in Vietnam?
- Where is not eligible for new permanent residence registration in Vietnam?
- What are the cases of annulment of permanent residence registration in Vietnam?
What are the cases in which a citizen may register a lawful place of residence that is not under their ownership as their permanent residence in Vietnam?
Pursuant to Clause 2, Article 20 of the 2020 Law on Residence in Vietnam stipulating as follows:
A citizen may register a lawful place of residence that is not under their ownership as their permanent residence with the permission of the household head and owner of such place in the following cases:
- The citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child;
- The citizen is an old person coming to live with their biological sibling or grandchild; or a person with very severe disability, a person with severe disability, a person who has lost work capacity, a person suffering from a mental illness or another disease that causes them to lose awareness or behavior control coming to live with their paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle, biological aunt, biological niece/nephew, biological grandchild or guardian;
- The citizen is a minor coming to live with their great-grandparent(s), paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle or biological aunt with the permission of their parent or guardian or if they have no parent; or a minor coming to live with their guardian.
Where is not eligible for new permanent residence registration in Vietnam? What are the cases of annulment of permanent residence registration in Vietnam?
Where is not eligible for new permanent residence registration in Vietnam?
Pursuant to Article 23 of the 2020 Law on Residence in Vietnam stipulating as follows:
Locations not eligible for new permanent residence registration
1. Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.
2. Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.
3. Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.
4. Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.
5. Places of residence being houses issued with a demolition decision by the competent authority.
Thus, the following locations are not eligible for new registration of permanent residence in Vietnam:
- Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.
- Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.
- Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.
- Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.
- Places of residence being houses issued with a demolition decision by the competent authority.
What are the cases of annulment of permanent residence registration in Vietnam?
Pursuant to Clause 1, Article 24 of the 2020 Law on Residence in Vietnam stipulating annulment of permanent residence registration as follows:
Annulment of permanent residence registration
1. Permanent residence registration of a person will be annulled in any of the following cases:
a) The person is deceased or declared missing or deceased by the Court;
b) The person resides overseas permanently;
c) The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of this Law;
d) The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;
dd) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;
e) The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in Point h herein;
g) The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence and excluding the cases provided for in Point h herein;
h) The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it; or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;
i) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their permanent residence.
Thus, individuals falling into the cases specified above may have their permanent residence registration annulled.
LawNet
