Vietnam: What is a temporary absence? Under what circumstances does a person leaving the place of residence have to declare his/her absence?
What is a temporary absence according to Vietnamese regulations?
According to Clause 7, Article 2 of the Vietnam Law on Residence 2020, temporary absence is a citizen's absence from the place of residence for a certain period of time.
In particular, according to the provisions of Clauses 8, 9 and 10, Article 2 of the Vietnam Law on Residence 2020, the place of residence includes:
- “place of permanent residence” (hereinafter referred to as “permanent residence”) refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;
- “place of temporary residence” (hereinafter referred to as “temporary residence”) refers to a place of short-term residence of a citizen save their place of permanent residence that is registered as their temporary residence.
- “current place of residence” (hereinafter referred to as “current residence”) means the place of permanent or temporary residence where a citizen lives on a regular basis; if the citizen has no place of permanent or temporary residence, the place where they are living shall be their current place of residence.
Vietnam: What is a temporary absence? Under what circumstances does a person leaving the place of residence have to declare his/her absence?
Under what circumstances does the individual have to declare their absence in Vietnam?
Citizens are responsible for declaring temporary absence in the cases specified in Clause 1, Article 31 of the Vietnam Law on Residence 2020, specifically as follows:
- Every citizen shall declare their temporary absence in the following cases:
+ The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;
+ The citizen is currently subject to compulsory education in their commune; or to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; or under supervision during consideration of admission to a correctional institution or rehabilitation center and leaves the commune-level administrative unit where they are residing for 01 day or more;
+ The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;
+ The citizen is not among the cases mentioned in Points a, b and c herein and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad.
How do individuals declare their absence in Vietnam?
According to the provisions of Clause 2, Article 31 of the Vietnam Law on Residence 2020 and Clause 1, Article 16 of Circular 55/2021/TT-BCA, individuals leaving their places of residence shall make temporary absence declarations through the following forms:
- Before leaving his/her place of residence, the person specified at Points a and b, Clause 1, Article 31 of the Vietnam Law on Residence 2020 must declare his/her temporary absence at the residence registration office where he/she resides; upon arrival at the declaration of temporary absence, the request for declaration of temporary absence and the written consent of the competent agency supervising, managing and educating the person must be submitted.
The residence registration agency is responsible for guiding and checking the declared contents. Within 01 working day from the date of receipt of the request for temporary absence declaration, the residence registration agency shall issue a temporary absence declaration form to citizens; In complicated cases, the resolution time may take longer but not more than 02 working days.
For the cases specified at Points c and d, Clause 1, Article 31 of the Vietnam Law on Residence 2020, one of the following forms shall be carried out:
- 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 resident registrar;
- Website of the residence 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;
- Application on electronic devices.
In addition, the residence registration agency is responsible for notifying or publicly listing the location, phone number, email address, website address of the residence registration agency, National Public Service Portal, Public Service Portal of the Ministry of Public Security, The public service portal manages residence, the name of the application on the electronic device receiving the temporary absence declaration.
What does the temporary absence declaration include in Vietnam?
Individuals, when making temporary absence declarations in their localities, must ensure the contents specified in Clause 4, Article 31 of the Vietnam Law on Residence 2020, specifically as follows:
- full name
- identity card number or passport number of the declarant;
- reason for temporary absence;
- temporary absence duration;
- address of the declarant’s destination.
LawNet
