When will Vietnamese citizens be exempted from temporary residence registration? What is the application and procedures for temporary residence registration in Vietnam?
When will Vietnamese citizens be exempted from temporary residence registration?
Pursuant to Article 27 of the Law on Residence 2020, the conditions for temporary residence registration are stipulated as follows:
Conditions for temporary residence registration
1. A citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence.
2. The maximum time limit for temporary residence is 02 years, which may be extended multiple times.
3. Citizens may not register the places mentioned in Article 23 of this Law as their new temporary residences.
Thus, according to the above provisions, a citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for less than 30 days is not required to register temporary residence.
However, in case the citizen comes to live in a place different from the place of permanent residence to work, study or for other purposes but less than 30 days, a notice of stay must be issued.
What is the application and procedures for temporary residence registration in Vietnam?
Application for temporary residence registration:
- Pursuant to Clause 1, Article 28 of the Law on Residence 2020 guided by Article 5 of Decree 62/2021/ND-CP stipulating the application for temporary residence registration as follows:
Application for temporary residence registration includes:
a) Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
b) Written proof of ownership of lawful place of residence.
- Thus, application for temporary residence registration includes:
+ Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
+ Written proof of ownership of lawful place of residence.
Procedures for temporary residence registration:
- Pursuant to Clause 2, Article 28 of the Law on Residence 2020, regulations on temporary residence registration procedures are as follows:
Temporary residence registration procedures
...
2. The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.
Upon receipt of the application, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.
Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.
- Based on the above, the procedures for temporary residence registration are prescribed as follows:
+ The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.
+ Upon receipt of the application, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.
+ Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.
When will Vietnamese citizens be exempted from temporary residence registration? What is the application and procedures for temporary residence registration in Vietnam?
What are the cases of annulment of temporary residence registration in Vietnam?
Pursuant to Clause 1, Article 29 of the Law on Residence 2020 guided by Article 20 of Circular 55/2021/TT-BCA as follows:
Annulment of temporary residence registration
1. Temporary 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 is issued with a decision on annulment of temporary residence registration according to regulations in Article 35 of this Law;
c) The person is absent from their temporary residence for 06 consecutive months or more without registering another place of residence as their temporary residence;
d) 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;
dd) Their temporary residence has been registered as their permanent residence;
e) The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;
g) The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;
h) 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 temporary residence.
Thus, based on the above, temporary residence registration of a person will be annulled in any of the following cases:
- The person is deceased or declared missing or deceased by the Court;
- The person is issued with a decision on annulment of temporary residence registration according to regulations in Article 35 of this Law;
- The person is absent from their temporary residence for 06 consecutive months or more without registering another place of residence as their temporary residence;
- 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;
- Their temporary residence has been registered as their permanent residence;
- The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;
- The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;
- 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 temporary residence.
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