What is the order of carrying out procedures for temporary residence extension directly at the commune-level police office? When to apply for temporary residence extension in Vietnam?
What is the order of carrying out procedures for temporary residence extension directly at the commune-level police office?
Pursuant to subsection 4, Section 2, Part 2, issued together with Decision No. 5548/QD-BCA-C06 in 2021, there are instructions on procedures for temporary residence extension directly at commune-level police offices as follows:
- Step 1: Individuals and organizations prepare documents according to the provisions of law.
- Step 2: Individuals and organizations submit dossiers at the commune-level police station.
- Step 3: When receiving the application for extension of temporary residence, the residence registration agency checks the legality and content of the application:
+ In case the application is complete and valid, the application will be received and the application receipt form will be issued and the result will be returned to the registrant;
+ In case the dossier is eligible but not enough, the applicant shall provide instructions on supplementing and completing the application and issue the Instructions for supplementing and completing the dossier to the registrant;
+ In case the application does not meet the conditions, it will refuse and issue a slip of refusal to receive and handle the application for the registrant.
- Step 4: Individuals and organizations pay the residence registration fee as prescribed.
- Step 5: Based on the appointment date on the Application Receipt Form and the appointment to return the results to receive a notification of the result of settlement of residence registration procedures (if any).
Note:
- Time to receive the application: Office hours on working days from Monday to Friday and every Saturday morning (except public holidays as prescribed by law).
What is the order of carrying out procedures for temporary residence extension directly at the commune-level police office? When to apply for temporary residence extension in Vietnam?
When to apply for temporary residence extension in Vietnam?
Pursuant to Article 28 of the 2020 Residence Law of Vietnam as follows:
Applications and procedures for temporary residence registration and temporary residence extension
1. Application for temporary residence registration includes:
a) Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
b) Written proof of ownership of lawful place of residence.
2. The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.
Upon receipt of the application, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.
Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.
3. At least 15 days before the end of the registered temporary residence period, the citizen must apply for temporary residence extension.
Application and procedure for temporary residence extension shall adhere to regulations in Clauses 1 and 2 herein. After appraising the application, the registration authority shall update information on the new temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.
Thus, at least 15 days before the end of the registered temporary residence period, the citizen must apply for temporary residence extension.
What is the application for temporary residence extension in Vietnam?
Pursuant to Clauses 1 and 3, Article 28 of the 2020 Residence Law of Vietnam as follows:
Applications and procedures for temporary residence registration and temporary residence extension
1. Application for temporary residence registration includes:
a) Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
b) Written proof of ownership of lawful place of residence.
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Thus, the application for temporary residence extension includes:
- Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
- Written proof of ownership of lawful place of residence.
According to Clause 1, Article 5 of Decree No. 62/2021/ND-CP, documents proving lawful place of residence include:
+ 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 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).
Nguyễn Thị Hồng Nhung