01:16 | 14/01/2023

Vietnam: What is the dossier of permanent residence registration of citizens at folk religious establishments or religious establishments whose auxiliary works are houses?

I would like to ask what is the application for permanent residence registration of citizens who are registered for permanent residence at religious establishments, whose auxiliary works are houses according to Vietnamese regulations? - asked Ni (Binh Dinh)

Which citizens may register for permanent residence at folk religious establishments or religious establishments whose auxiliary works are houses in Vietnam?

Pursuant to Clause 4, Article 20 of the Law on Residence 2020 of Vietnam stipulates as follows:

Article 20. Conditions for permanent residence registration
....
4. A citizen may register a folk religious establishment or religious establishment with housing as an auxiliary work as their permanent residence in any of the following cases:
a) The citizen is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment;
b) The citizen represents the folk religious establishment;
c) The representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly;
d) The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence.

According to the above regulations, persons who are registered for permanent residence at folk religious establishments or religious establishments whose auxiliary works are houses include:

- Religious activists shall be ordained, appointed, elected, ordained or transferred to religious activities at religious establishments;

- Representatives of belief establishments;

- A person who is agreed by the representative or management board of a belief establishment to register permanent residence to directly manage and organize belief activities at the belief establishment;

- Children, persons with particularly severe disabilities, persons with severe disabilities, helpless persons shall be approved for permanent residence registration by the representative or management board of the belief establishment, the head or representative of the religious establishment.

Vietnam: What is the dossier of permanent residence registration of citizens at folk religious establishments or religious establishments whose auxiliary works are houses?

Vietnam: What is the dossier of permanent residence registration of citizens at folk religious establishments or religious establishments whose auxiliary works are houses?

How is the dossier of permanent residence registration of citizens at folk religious establishments or religious establishments whose auxiliary works are houses in Vietnam?

Pursuant to Clause 4, Article 21 of the Law on Residence 2020 of Vietnam stipulates as follows:

Article 21. Application for permanent residence registration
...
4. Application for permanent residence registration for those mentioned in Points a, b and c Clause 4 Article 20 of this Law includes:
a) Declaration of change to residence information; for the persons mentioned in Point c Clause 4 Article 20 herein, this declaration must include the permission for permanent residence registration from the representative or management board of the folk religious establishment, unless a written permission has been obtained;
b) Written proof that the applicant is a monastic, dignitary or sub-dignitary or is involved in religious activities and is working in the religious establishment in compliance with regulations of laws on folk religions and religions if the applicant is among the persons mentioned in Point a Clause 4 Article 20 herein; or written proof that the applicant is the representative of the folk religious establishment if they are among the persons mentioned in Point b Clause 4 Article 20 herein;
c) Written confirmation from the commune-level People’s Committee that the folk religious establishment or religious establishment has housing as an auxiliary work;

At the same time, based on Clause 2 Article 7 of Circular 55/2021/TT-BCA and Clause 3 Article 7 of Circular 55/2021/TT-BCA stipulates as follows:

Article 7. Registration of folk religious establishments and religious establishments as permanent residence
2. Documentary proof of being a dignitary, sub-dignitary, monastic or a person involved in religious practices and permitted to work in a religious establishment includes any of the following documents: notification of ordination or election as dignitary; notification of results of sub-dignitary appointment or election; notification of transfer of dignitary, sub-dignitary or monastic or another document according to regulations of law on folk religions and religions.
3. Documentary proof of being the representative of a folk religious establishment shall be the document recognizing the holder as the representative of the folk religious establishment or member of the management board of the commune-level People’s Committee.

Accordingly, dossiers of permanent residence registration of citizens who are registered for permanent residence at belief establishments and religious establishments with auxiliary works include:

For religious activists, representatives of belief establishments; a person who is approved by the representative or management board of the belief establishment for permanent residence registration

- Declaration of change of residence information

- Documents and documents proving:

+ Papers and documents proving that monks, dignitaries, officials or other persons engaged in religious activities and are allowed to operate at such religious establishments in accordance with the law on beliefs and religions, for religious activists to be ordained, appointed or elected, election or transfer to religious activities at religious establishments;

+ Documents proving that the representative of the belief establishment for the representative of the belief establishment

- A written certification by commune-level People's Committees that in belief establishments and religious establishments with auxiliary works being houses

Inside:

- Papers and documents proving that they are dignitaries, officials, monks or other persons engaged in religious activities and are operating at religious establishments, including one of the following documents: notification of persons ordained or appointed as dignitaries; notification of the results of appointees, elections and appointments; notice of transfer of dignitaries, officials, monks or other papers and documents in accordance with the law on beliefs and religions.

- Papers and documents proving that the representative of a belief establishment is a document recognizing the representative of the belief establishment or a member of the management board of the commune-level People's Committee.

For children, people with particularly severe disabilities, people with severe disabilities, people without shelter

Dossiers of permanent residence registration are based on Clause 5, Article 21 of the Law on Residence 2020 of Vietnam, including:

- Declaration of change to residence information, including permission for permanent residence registration from the representative or management board of the folk religious establishment, or the head or representative of the religious establishment, unless a written permission has been obtained;

- Written confirmation from the commune-level People's Committee that the applicant is among the persons mentioned in Clause 2 Article 17 herein and that the folk religious establishment or religious establishment has housing as an auxiliary work.

Which locations are not registered for permanent residence in Vietnam?

Pursuant to Article 23 of the Law on Residence 2020 of Vietnam, places that are not registered for permanent residence are:

- 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.

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