Vietnam: What are the regulations on dossiers and procedures for deleting temporary residence registration? Under what circumstances will the temporary residence registration be removed?
- When to apply for temporary residence in Vietnam?
- Under what circumstances will the temporary residence registration be removed in Vietnam?
- How are dossiers and procedures for deleting temporary residence registration regulated in Vietnam?
- How is a person subject to removal of permanent residence registration who does not delete permanent residence registration in Vietnam?
When to apply for temporary residence in Vietnam?
Pursuant to Article 27 of the Law on Residence 2020 of Vietnam, it provides as follows:
Article 27. 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.
According to the above regulations, citizens who come to live in legal accommodation outside the commune-level administrative unit where permanent residence has been registered for work, study or other purposes for 30 days or more, they must register for temporary residence.
Vietnam: What are the regulations on dossiers and procedures for deleting temporary residence registration? Under what circumstances will the temporary residence registration be removed?
Under what circumstances will the temporary residence registration be removed in Vietnam?
Pursuant to Article 29 of the Law on Residence 2020 of Vietnam, the following cases of deletion of temporary residence registration:
- 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.
How are dossiers and procedures for deleting temporary residence registration regulated in Vietnam?
Pursuant to Article 8 of Decree 62/2021/ND-CP stipulating dossiers and procedures for deleting temporary residence registration of persons subject to deletion of temporary residence registration of households as follows:
- Within 1 day from the date on which decisions on removing temporary residence registration of heads of direct superior authority are received or from the date on which decisions on removing temporary residence registration for citizens are issued, residence registry authority shall remove temporary residence registration for citizens and update on removed temporary residence registration on National database on population and database on residence.
- Except for cases under Clause 1 of this Article, within 7 days from the date on which a household member is subject to removal of temporary residence registration, household members or representatives of the household are responsible for submitting documents for adopting procedures for removing temporary residence registration to residence registry authority. Documents on removing temporary residence registration consist of: Declaration on change of residence information and documents proving eligibility for removing permanent residence registration.
- Supervisory agencies of individuals learning, working in people’s armed forces shall request local residence registry authority to remove temporary residence registration of their subordinates. Written request must specify full name; Citizen Identity Card number or ID Card number of subject of temporary residence registration removal; reason for removal of temporary residence registration.
- Within 2 working days from the date on which adequate documents are received, residence registry authority shall remove temporary residence registration for citizens and update the removal on National database on population and database on residence.
- Residence registration authority shall remove temporary residence registration for citizens upon identifying the citizens to be among cases of individuals having removed citizen residence registration. Prior to removing temporary residence registration, residence registration authority shall issue notice on removal of temporary residence registration to the citizens or representatives of households and allow the recipients to submit documents for removal of temporary residence registration as specified under Clause 2 of this Article.
If citizens or their household members do not submit documents for removing temporary residence registration within 7 days from the date on which residence registry authority notifies, residence registry authority shall produce record on failure to follow up with procedures for temporary residence registration removal and remove temporary residence registration. Residence registry authority shall inform citizens or their household members about removal of temporary residence registration once the removal has been completed.
How is a person subject to removal of permanent residence registration who does not delete permanent residence registration in Vietnam?
Pursuant to Clause 5 Article 8 of Decree 62/2021/ND-CP stipulates as follows:
Article 8. Documents and procedures for removing temporary residence
....
5. Residence registration authority shall remove temporary residence registration for citizens upon identifying the citizens to be among cases of individuals having removed citizen residence registration. Prior to removing temporary residence registration, residence registration authority shall issue notice on removal of temporary residence registration to the citizens or representatives of households and allow the recipients to submit documents for removal of temporary residence registration as specified under Clause 2 of this Article.
If citizens or their household members do not submit documents for removing temporary residence registration within 7 days from the date on which residence registry authority notifies, residence registry authority shall produce record on failure to follow up with procedures for temporary residence registration removal and remove temporary residence registration. Residence registry authority shall inform citizens or their household members about removal of temporary residence registration once the removal has been completed.
Thus, in case it is more than 07 days from the date on which the resident registration agency notifies that the person subject to deletion of temporary residence registration or the representative of the household does not submit a dossier to carry out procedures for deletion of temporary residence registration, the resident registration agency shall make a record of the citizen, representatives of households who do not submit dossiers for deleting temporary residence registration and deleting temporary residence registration for citizens.
Note: The resident registration authority notifies the citizen or the head of the household in writing of the removal of the temporary residence registration after it has been done.
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