What are the required documents for temporary residence registration? What are the current procedures for declaring temporary residence by foreigners in Vietnam?
What are the latest conditions for temporary residence registration in Vietnam?
Under the provisions of Article 27 of the Law on Residence 2020, 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.
- The maximum time limit for temporary residence is 02 years, which may be extended multiple times.
- Citizens may not register the following places as their new temporary residences.
+ 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.
.png)
What are the required documents for temporary residence registration in Vietnam?
Under the provisions of Clause 1, Article 28 of the Law on Residence 2020, guided by Article 5 of Decree 62/2021/ND-CP, the required documents for temporary residence registration in Vietnam include:
- Declaration of change to residence information; if the applicant is a minor, the declaration must include permission from either of their parents or guardian, unless written permission has been obtained
- Written proof of ownership of lawful place of residence:
+ Documents proving land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house);
+ Construction permit according to regulations and law on construction (in case constructions require construction permit and have been fully constructed);
+ Residential real estate sale agreement for houses owned by the Government or documents on liquidation of houses owned by the Government;
+ Residential real estate purchase agreements proving transfer of houses and receipt of houses of enterprises engaging in sale of constructed, invested houses;
+ Documents regarding purchase, lease purchase, receipt of bequeathment, receipt of inheritance, receipt of capital contribution, receipt of house transfer according to regulations and law on land and houses;
+ Documents on the gift of charitable houses, provision of houses, land for individuals and households;
+ Documents of courts of competent administrative agencies on permitting house ownership that are legally effective;
+ Documents bearing confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding houses, land for residential purposes that does not suffer from disputes relating to house ownership, land use right if any of the documents above are not available;
+ Documents proving registration of vehicles under his/her ownership. In case vehicles are not required to be registered, provide confirmation of People’s Committees of communes or People’s Committees of districts in case commune division is not established regarding use of vehicles as residence; Written confirmation of regular parking spaces of vehicles if registered residence is not where vehicles are registered or vehicles are not required to be registered;
+ Legal documents proving lease, rental, provision of provisional residence are documents allowing rental, lease, provision of provisional residence of agencies, organizations, and individuals according to regulations and law on land and houses;
+ Documents of agencies, organizations bearing signatures and seals of heads of agencies, organizations and proving provision, use of houses, transfer of houses, owning houses established on land assigned by agencies, organizations for residential purposes (for houses and land under management of agencies, organizations).
Note:
In case proof regarding legal residence of citizens has been included in a specialized database that has been connected and shared with the residence registry authority, the residence registry authority shall examine, verify, and not request citizens to provide written proof.
What are the current procedures for declaring temporary residence by foreigners in Vietnam?
Under Article 7 and Article 8 of Circular 53/2016/TT-BCA, the current procedures for declaring temporary residence by foreigners in Vietnam include:
Step 1: Completion and submission of temporary residence declaration form
Declarant of temporary residence shall contact the officer on duty in the police station of the relevant commune, ward or town or the relevant police post (referred to as the communal police) to obtain Form No. NA17 for temporary residence declaration, which is annexed to the Circular No. 04/2015/TT-BCA dated January 05, 2015 by the Ministry of Public Security.
>> Download Form NA17: here
The time limit for submitting the temporary residence declaration form
- Declarant of temporary residence shall fill in and submit the form by hand to the officer on duty of the communal police of the locality where the accommodation establishment is located in 12 hours or, if the locality is remote, in 24 hours upon the foreigner’s registration of temporary residence.
The methods for submitting the temporary residence declaration form
- The form may be faxed or information may be furnished on phone to the officer on duty of the communal police before the form is submitted by the deadline defined above.
Step 2: Acknowledgement of temporary residence declaration form
- The officer on duty of the communal police authority shall acknowledge information of foreigners’ temporary residence declared via the form on 24/7 basis.
- The officer on duty of the communal police shall examine the form, request immediate supplements to the missing information, confirm and photocopy the form or write the information acknowledged into the duty logbook then return the form to the declarant. In addition, a notification shall be sent to the border guard station in the border area where the foreigner temporarily resides in a local accommodation establishment.
LawNet