Who is responsible for declaring temporary residence for foreigners in Vietnam?

1. Who is responsible for declaring temporary residence for foreigners in Vietnam?

In Article 33 of the Law on entry, exit, and residence of foreigners in Vietnam 2014, declaration of temporary residence is as follows:

1. Any foreigner that temporary resides in Vietnam must, via the manager of the lodging establishment, declare his/her temporary residence at the local police authority.

2. The manager of the lodging establishment shall complete the declaration form and submit it to the local police authority within 12 hours (or within 24 hours if the administrative division is in a remote area) since the foreigner arrives at the lodging establishment.

3. Lodging establishments that are hotels must have Internet access or connect to the computer network of the immigration authority affiliated to the provincial police authority to transmit foreigners’ declarations of temporary residence. Other lodging establishments that have Internet access may directly send the foreigners’ declarations of temporary residence to the email address of the immigration authority affiliated to the provincial police authority.

4. Any foreigner that changes his temporary residence or resides at a place other than that written in the temporary residence card must submit a declaration of temporary residence as prescribed in Clause 1 of this Article.

Thus, according to the above regulations, your friend must go through the person directly managing and operating the accommodation establishment to declare temporary residence to the police of the commune, ward, town or police station where have accommodation. Helen must contact the owner of the guest house to be declared temporary in Vietnam.

2. What are penalties for failure to declare temporary residence for foreigners in Vietnam? 

According to Clause 4, Article 9 of Decree 144/2021/ND-CP, violations against regulations on residence management and registration are as follows:

4. A fine ranging from 4.000.000 VND to 6.000.000 VND shall be imposed for any of the following violations:

a) Providing false information, documents about residence for the purpose of registration of permanent residence, temporary residence, declaring residence information, issuance of other residence document or performing other illegal acts;

b) Making, using forged documents or data about residence for the purpose of registration of permanent residence, temporary residence, declaring residence information, issuance of other residence document or performing other illegal acts;

c) Making, using a forged family register or temporary residence register for the purpose of registration of permanent residence, temporary residence, declaring residence information, issuance of other residence document or performing other illegal acts;

d) Operating a lodging establishment, tenement, treatment facility, tourist accommodation or any other lodging facility without notifying the accommodation of 09 guests or more;

dd) Failure to have an adequate number of people keeping fire watches as prescribed by law;

e) Obstructing, resisting residence or lodging inspection by competent authority.

Pursuant to Clause 2, Article 4 of Decree 144/2021/ND-CP stipulating fine levels:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

Therefore, according to the above regulations, if the person directly managing and operating the operation of the accommodation establishment fails to declare temporary residence in Vietnam for foreigners, he/she will be fined from VND 4,000,000 to VND 6,000,000.

Best Regards!