Vietnam: Under what circumstances do citizens have to declare their absence? What forms can a temporary absence declaration be made?
Under what circumstances do citizens have to declare their absence in Vietnam?
Pursuant to Clause 1, Article 31 of the Law on Residence 2020 of Vietnam stipulates the following cases in which it is necessary to declare temporary absence:
- Go away from the commune-level administrative unit where you are residing for 01 day or more:
+ For the accused, the accused is on bail;
+ A person who has been sentenced to imprisonment but has not yet made a decision to execute the sentence or has made a decision to execute the sentence but is on bail or is entitled to postpone the execution or temporarily suspend the execution of the sentence;
+ Persons sentenced to imprisonment are entitled to suspended sentences during probation;
+ Persons serving sentences of probation or non-custodial reeducation;
+ Persons released from prison before the conditional term are in probationary period;
- Go away from the commune-level administrative unit where you are residing for 01 day or more:
+ For persons who are observing educational measures in communes, wards and towns;
+ Persons who must comply with measures to be placed in compulsory education institutions, put into compulsory detoxification establishments, put into reform schools but are being suspended or temporarily suspended from observance;
+ Persons under management during the period of carrying out procedures for consideration and decision on the application of measures to be put into compulsory education institutions, put into compulsory detoxification establishments, put into reform schools;
- Leaving the district-level administrative unit where they are residing for 03 consecutive months or more, for persons of military service age or who are subject to other obligations to the State according to the decision of competent state agencies;
- Leaving the commune-level administrative unit of the place of permanent residence for 12 consecutive months or more for persons who do not fall into the above cases, except for cases where they have registered for temporary residence at a new place of residence or have left the country.
Vietnam: Under what circumstances do citizens have to declare their absence? What forms can a temporary absence declaration be made?
What forms can a temporary absence declaration be made in Vietnam?
Pursuant to Clause 2, Article 31 of the Law on Residence 2020 of Vietnam and Clause 3, Article 31 of the Law on Residence 2020 of Vietnam provides as follows:
Article 31. Temporary absence declaration
....
2. Before leaving their places of residence, the persons mentioned in Points a and b Clause 1 herein must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.
The registration authority shall provide instructions for information to be declared and check this information. Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.
3. The persons mentioned in Points c and d Clause 1 herein may declare their temporary absence in person at the premises of the registration authority of the locality where they reside or by the phone or electronic means or other means as stipulated by the Minister of Public Security. If a person provided for by Point d Clause 1 herein is a minor, either of their parents or their guardian shall make the declaration.
At the same time, based on Article 16 of Circular 55/2021/TT-BCA stipulating as follows:
Declaration of temporary absence
1. The declaration of temporary absence for the cases specified at Points c and d, Clause 1, Article 31 of the Law on Residence shall be made in one of the following forms:
a) Directly at the residence registration agency or at the place of receiving the temporary absence declaration prescribed by the residence registration agency;
b) Phone number or email box notified or posted by the resident registration agency;
c) Website of the resident registration agency or through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Public Service Portal for residence management;
d) Application on electronic devices.
2. The residence registration agency shall notify or publicly post the location, telephone number, email address, website address of the residence registration agency, National Public Service Portal, Ministry of Public Security Public Service Portal, Residence Management Public Service Portal, the name of the application on the electronic device receiving the temporary declaration.
Accordingly, the form of temporary absence declaration is prescribed as follows
- For subjects at Point a, Clause 1 and Point b, Clause 1, Article 31 of the Law on Residence 2020 of Vietnam: Declare temporary absence at the residence registration office where the person resides
- For the subjects at Point c, Clause 1 and Point d, Clause 1, Article 31 of the Law on Residence 2020 of Vietnam:
+ Directly at the residence registration office or at the place of receiving the temporary absence declaration prescribed by the residence registration agency
+ Phone number or email box notified or posted by the residence registry
+ Website of the residence registration agency or through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residence Management Public Service Portal;
+ Application on electronic devices.
Note: subjects falling under Point d, Clause 1, Article 31 of the Law on Residence 2020 of Vietnam and minors, the person making the declaration is a parent or guardian.
How is the absentee declaration form regulated in Vietnam?
The absentee declaration form is specified in form CT03 issued together with Circular 56/2021/TT-BCA as follows:
Download the absentee declaration form: here
LawNet
