How long of an absence leads to the cancellation of temporary residence registration in Vietnam? Which government agency has the authority to cancel temporary residence registration in Vietnam?

How long of an absence leads to the cancellation of temporary residence registration in Vietnam?

Based on Clause 1, Article 29 of the 2020 Residence Law, the cancellation of temporary residence registration is regulated as follows:

Cancellation of temporary residence registration

1. Individuals falling into one of the following cases shall have their temporary residence registration canceled:

a) Deceased; with a court decision declaring them missing or deceased;

b) A decision to cancel the temporary residence registration as prescribed in Article 35 of this Law has been made;

c) Continuous absence from the registered temporary residence for more than 6 months without registering temporary residence elsewhere;

d) A competent authority has granted them renunciation or deprivation of Vietnamese citizenship, or revocation of the decision to grant Vietnamese citizenship;

e) They have registered permanent residence at their current temporary residence;

f) Individuals who have registered temporary residence at a rented, borrowed, or temporary accommodation but have terminated the rental, borrowing, or temporary stay without registering temporary residence elsewhere;

g) Individuals who have registered temporary residence at a legally owned place but subsequently transferred the ownership to another person, except in cases where the new owner agrees to allow them to continue living at that place;

h) Individuals who have registered temporary residence at a place that has been demolished or confiscated according to the decision of a competent state authority, or on a vehicle that has been deregistered according to the provisions of the law.

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According to the above regulation, if an individual is continuously absent from their registered temporary residence for more than 6 months without registering temporary residence elsewhere, their temporary residence registration will be canceled.

How long of an absence leads to the cancellation of temporary residence registration in Vietnam? Which government agency has the authority to cancel temporary residence registration in Vietnam? - image from internet

Which government agency has the authority to cancel temporary residence registration in Vietnam?

Based on Article 29 of the 2020 Residence Law, the regulations for canceling temporary residence registration are as follows:

Cancellation of temporary residence registration

1. Individuals falling into one of the following cases shall have their temporary residence registration canceled:

a) Deceased; with a court decision declaring them missing or deceased;

b) A decision to cancel the temporary residence registration as prescribed in Article 35 of this Law has been made;

c) Continuous absence from the registered temporary residence for more than 6 months without registering temporary residence elsewhere;

d) A competent authority has granted them renunciation or deprivation of Vietnamese citizenship, or revocation of the decision to grant Vietnamese citizenship;

e) They have registered permanent residence at their current temporary residence;

f) Individuals who have registered temporary residence at a rented, borrowed, or temporary accommodation but have terminated the rental, borrowing, or temporary stay without registering temporary residence elsewhere;

g) Individuals who have registered temporary residence at a legally owned place but subsequently transferred the ownership to another person, except in cases where the new owner agrees to allow them to continue living at that place;

h) Individuals who have registered temporary residence at a place that has been demolished or confiscated according to the decision of a competent state authority, or on a vehicle that has been deregistered according to the provisions of the law.

2. The competent authority that registered the temporary residence has the authority to cancel the temporary residence registration and must clearly state the reason and timing of the cancellation in the Residence Database.

3. The government shall provide detailed regulations on the dossier and procedures for canceling temporary residence registration.

Therefore, the competent authority that registered the temporary residence has the authority to cancel the temporary residence registration and must clearly state the reason and timing of the cancellation in the Residence Database.

What documents are included in the dossier for canceling temporary residence registration in Vietnam?

According to Article 8 of Decree No. 62/2021/ND-CP, the dossier and procedures for canceling temporary residence registration are as follows:

Dossier and procedures for canceling temporary residence registration

1. Within 1 day from the date of receiving the decision to cancel the temporary residence registration from the higher-level authority directly or immediately after making the decision to cancel the temporary residence registration for citizens, the registration authority shall proceed to cancel the temporary residence registration for citizens and update the cancellation of the temporary residence registration in the national population database, the residence database.

2. Except for cases specified in paragraph 1 of this Article, within 7 days from the date a household has a person subject to the cancellation of temporary residence registration, the person subject to the cancellation of temporary residence registration or the representative of the household shall submit a dossier to carry out the procedures for canceling the temporary residence registration to the registration authority. The dossier for canceling the temporary residence registration includes: a declaration of change of residence information and documents proving one of the cases for canceling the temporary residence registration.

3. The agency or unit managing individuals studying, working, or serving in the people's armed forces shall submit a written request to the registration authority in the area where they are stationed to cancel the temporary residence registration for the individuals under their management. The request must clearly state the full name, middle name, and birth name; the Citizen Identity Card number or the Identity Card of the person subject to the cancellation of temporary residence registration; and the reason for the request to cancel the temporary residence registration.

4. Within 2 working days from the date of receiving a valid dossier, the registration authority must cancel the temporary residence registration for citizens and update the cancellation of the temporary residence registration in the national population database, the residence database.

5. The registration authority shall cancel the temporary residence registration for citizens when they discover that the citizens fall into one of the cases for canceling the temporary residence registration. Before canceling the temporary residence registration, the registration authority shall notify the citizens or the representative of the household about the cancellation of the temporary residence registration, so that they can submit the dossier to carry out the procedures for canceling the temporary residence registration as prescribed in paragraph 2 of this Article.

If, after 7 days from the date the registration authority notifies, the person subject to the cancellation of temporary residence registration or the representative of the household fails to submit the dossier to carry out the procedures for canceling the temporary residence registration, the registration authority shall make a record of the fact that the citizen or the representative of the household fails to submit the dossier to carry out the procedures for canceling the temporary residence registration and proceed to cancel the temporary residence registration for citizens. The registration authority shall notify the citizen or the head of the household in writing about the cancellation of the temporary residence registration after it has been carried out.

In accordance with this regulation, the dossier for canceling temporary residence registration includes the following documents:

(1) Declaration of change of residence information and supporting documents;

(2) Documents proving one of the cases for canceling temporary residence registration.