Do I have to submit a certificate of land use right to register for temporary residence in Vietnam?

1. Do I have to submit a certificate of land use right to register for temporary residence in Vietnam?

In Clause 1, Article 28 of the Law on Residence 2020 on 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.

According to Clause 1, Article 5 of Decree No. 62/2021/ND-CP on documents proving legal residence

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, when you enter Saigon and conduct temporary residence registration, you need to have a certificate of land use rights, ownership of house or assets attached to land issued by competent authority (which include information on house) in Vietnam.

2. What are cases of annulment of temporary residence registration in Vietnam? 

In Article 29 of the Law on Residence 2020 on annulment of temporary residence registration, specifically as follows:

1. Temporary residence registration of a person will be annulled in any of the following cases:

a) The person is deceased or declared missing or deceased by the Court;

b) The person is issued with a decision on annulment of temporary residence registration according to regulations in Article 35 of this Law;

c) The person is absent from their temporary residence for 06 consecutive months or more without registering another place of residence as their temporary residence;

d) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

dd) Their temporary residence has been registered as their permanent residence;

e) The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;

g) The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;

h) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their temporary residence.

2. The registration authority with which a person registers their temporary residence has the power to annul such registration and must specify the reason for and time of such annulment in the residence database.

3. The Government shall elaborate application and procedure for annulment of temporary residence registration.

Thus, if an individual has registered for temporary residence but falls into one of the above cases, his/her temporary residence registration will be automatically annulled in Vietnam.

Best Regards!