Can a promise of purchase and sale contract be used for temporary residence registration in Vietnam?

Can a promise of purchase and sale contract be used for temporary residence registration in Vietnam?

Pursuant to Article 28 of the 2020 Residence Law, applications and procedures for temporary residence registration and temporary residence extension are as follows:

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.

Documents proving legal residence are guided in Clause 1, Article 5 of Decree 62/2021/ND-CP as follows:

1. When a citizen registers for residence, he/she must prove legal residence by any of following documents:

a) Documents proving land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house);

b) Construction permit according to regulations and law on construction (in case constructions require construction permit and have been fully constructed);

c) Residential real estate sale agreement for houses owned by the Government or documents on liquidation of houses owned by the Government;

d) Residential real estate purchase agreements proving transfer of houses and receipt of houses of enterprises engaging in sale of constructed, invested houses;

dd) 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;

e) Documents on gift of charitable houses, provision of houses, land for individuals and households;

g) Documents of courts of competent administrative agencies on permitting house ownership that are legally effective;

h) 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;

i) 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;

k) 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;

l) 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).

According to this article, your promise of purchase and sale contract cannot prove that the person dealing with you will definitely have the right to this house, so you cannot use the promise of purchase and sale contract to register for temporary residence. 

What are conditions for temporary residence registration in Vietnam?

Pursuant to Article 27 of the Residence Law 2020, conditions for temporary residence registration are as follows:

1. 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.

2. The maximum time limit for temporary residence is 02 years, which may be extended multiple times.

3. Citizens may not register the places mentioned in Article 23 of this Law as their new temporary residences.

Pursuant to Article 23 of the Residence Law 2020 stipulates that locations not eligible for new permanent residence registration as follows:

1. 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.

2. 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.

3. 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.

4. 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.

5. Places of residence being houses issued with a demolition decision by the competent authority.

Best Regards!