From January 10, 2025, which documents and materials are required to prove legal residence for permanent registration in Vietnam?
What is a legal residence according to the law in Vietnam?
Based on Article 2 of the 2020 Residence Law:
Article 2. Interpretation of terms
In this Law, the following terms are understood as follows:
1. A legal residence is a place used for living, under the ownership or right to use by a citizen, including housing, ships, boats, other movable means, or other accommodation as prescribed by law.
- Residence is the act of a citizen living at a location under the administrative unit of a commune-level or an administrative unit of a district-level where there is no commune-level administrative unit (hereinafter collectively called commune-level administrative unit).
- The database on residence is a specialized database, aggregating information on citizens' residence, digitized, stored, managed by information infrastructure, and connected, shared with the National Database on Population and other databases as prescribed by law.
[...]
Thus, a legal residence is a place used for living, under the ownership or right to use by a citizen, including housing, ships, boats, other movable means, or other accommodations as prescribed by law.
From January 10, 2025, which documents and materials are required to prove legal residence for permanent registration in Vietnam? (Image from the Internet)
From January 10, 2025, which documents and materials are required to prove legal residence for permanent registration in Vietnam?
Pursuant to Clause 2, Article 5 of Decree 154/2024/ND-CP, the documents or materials proving legal residence for permanent registration include one of the following:
- Documents or materials certifying the right to use land, the ownership of assets attached to land issued by a competent authority over different periods as prescribed by the law on land and housing.
- Housing construction permits or temporary housing construction permits for cases requiring a construction permit as prescribed by the construction law.
- Documents for the purchase of state-owned housing or documents on the conversion, liquidation of housing attached to homestead land owned by the state according to law.
- Contracts for the sale of housing or documents proving the transfer or receipt of housing from real estate business enterprises investing in construction for sale.
- Documents on the purchase, lease purchase, donation, inheritance, capital contribution, exchange of housing in accordance with the law on land and housing.
- Documents on the donation of 'gratitude' houses, 'compassion' houses, 'great unity' houses, allocation of housing or homestead land to individuals, households.
- Legal documents from courts or competent state agencies granting ownership of housing in legal force.
- Documents or materials proving the mortgage, pledge of legal residence ownership.
- Confirmation from the People's Committee at the commune level about housing, homestead land being used stably, without disputes and not located in a prohibited new permanent registration location.
- Documents or materials proving the registration, certification of ownership of vehicles, confirmation of regular parking location of vehicles except when not required to register regular parking locations.
- Contracts, documents regarding renting, borrowing, or letting others temporarily stay, notarized or certified according to law.
- One of various types of documents, materials to consider issuing certificates of land use rights, ownership of other assets attached to land according to the laws on land and housing over different periods.
Which locations are not eligible for new permanent residence registration in Vietnam?
Based on Article 23 of the 2020 Residence Law, locations prohibited from new permanent registration include:
- Dwellings located within prohibited places, areas prohibited from construction, or encroachments upon protected military, security, transportation, irrigation, embankment, energy corridors, or boundaries protecting technical infrastructure works, ranked historical-cultural sites, or areas warned of landslide, flash flood risks, and other protected areas as prescribed by law.
- Dwellings where the entire residential area is on illegally encroached land or built on land area not meeting construction conditions as per law.
- Dwellings with a land retrieval decision and an approved compensation, support, resettlement plan by competent state agencies; dwellings that are partly or wholly involved in ownership, usage disputes or complaints unresolved according to law.
- Dwellings seized by a decision from a competent state agency; vehicles used as permanent residence registration have had their registration canceled or lack certification of technical safety and environmental protection as per law.
- Dwellings with a demolition order by competent state agencies.