Do I need written proof of ownership of lawful place of residence when registering my child's permanent residence in Vietnam?

Do I need written proof of ownership of lawful place of residence when registering my child's permanent residence in Vietnam?

Pursuant to Point a, Clause 2, Article 20 of the 2020 Residence Law, conditions for permanent residence registration are as follows:

2. A citizen may register a lawful place of residence that is not under their ownership as their permanent residence with the permission of the household head and owner of such place in the following cases:

a) The citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child;

b) The citizen is an old person coming to live with their biological sibling or grandchild; or a person with very severe disability, a person with severe disability, a person who has lost work capacity, a person suffering from a mental illness or another disease that causes them to lose awareness or behavior control coming to live with their paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle, biological aunt, biological niece/nephew, biological grandchild or guardian;

c) The citizen is a minor coming to live with their great-grandparent(s), paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle or biological aunt with the permission of their parent or guardian or if they have no parent; or a minor coming to live with their guardian.

According to the provisions of Clause 2, Article 21 of the 2020 Residence Law, application for permanent residence registration for those mentioned in Clause 2 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained;

b) Written proof of the consanguinity between the applicant and the household head and/or a household member, unless such information is already available in the national population database or the residence database;

c) Written proof of satisfaction of other conditions according to Points b and c Clause 2 Article 20 of this Law.

Thus, according to the above regulations in Vietnam, when registering permanent residence for your child, you do not need to have documents proving legal residence.

What is application for permanent residence registration in Vietnam?

In Article 21 of the 2020 Residence Law, there are regulations on application for permanent residence registration as follows:

1. Application for permanent residence registration for those mentioned in Clause 1 Article 20 of this Law includes:

a) Declaration of change to residence information;

b) Written proof of ownership of lawful place of residence.

2. Application for permanent residence registration for those mentioned in Clause 2 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained;

b) Written proof of the consanguinity between the applicant and the household head and/or a household member, unless such information is already available in the national population database or the residence database;

c) Written proof of satisfaction of other conditions according to Points b and c Clause 2 Article 20 of this Law.

3. Application for permanent residence registration for those mentioned in Clause 3 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of the lawful place of residence that the applicant rents, borrows or stays in or authorized person, unless a written permission has been obtained;

b) Agreement or document on renting, borrowing or staying in the lawful place of residence notarized or certified as prescribed by law;

c) Written proof of sufficient floor area for permanent residence registration per the law.

4. Application for permanent residence registration for those mentioned in Points a, b and c Clause 4 Article 20 of this Law includes:

a) Declaration of change to residence information; for the persons mentioned in Point c Clause 4 Article 20 herein, this declaration must include the permission for permanent residence registration from the representative or management board of the folk religious establishment, unless a written permission has been obtained;

b) Written proof that the applicant is a monastic, dignitary or sub-dignitary or is involved in religious activities and is working in the religious establishment in compliance with regulations of laws on folk religions and religions if the applicant is among the persons mentioned in Point a Clause 4 Article 20 herein; or written proof that the applicant is the representative of the folk religious establishment if they are among the persons mentioned in Point b Clause 4 Article 20 herein;

c) Written confirmation from the commune-level People’s Committee that the folk religious establishment or religious establishment has housing as an auxiliary work;

5. Application for permanent residence registration for those mentioned in Point d Clause 4 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the representative or management board of the folk religious establishment, or the head or representative of the religious establishment, unless a written permission has been obtained;

b) Written confirmation from the commune-level People's Committee that the applicant is among the persons mentioned in Clause 2 Article 17 herein and that the folk religious establishment or religious establishment has housing as an auxiliary work.

6. Application for permanent residence registration for those mentioned in Clause 5 Article 20 of this Law includes:

a) Declaration of change to residence information; if the applicant receives care from an individual or household, the declaration must include the permission for permanent residence registration from the head of the caregiving household and owner of the lawful place of residence of the caregiver or caregiving household or authorized person, unless a written permission has been obtained;

b) Application by the head of the social support facility if the applicant receives care and support from a social support facility;

c) Written confirmation of the care and support given.

7. Application for permanent residence registration for those mentioned in Clause 6 Article 20 of this Law includes:

a) Declaration of change to residence information; if the applicant is not the vehicle owner, the declaration must include the permission for permanent residence registration from the vehicle owner or authorized person, unless a written permission has been obtained;

b) Vehicle registration certificate and inspection certificate for compliance with technical safety and environmental protection requirements of the vehicle or written confirmation from the commune-level People’s Committee that that vehicle is used for living purpose if the vehicle does not require registration;

c) Written confirmation from the commune-level People's Committee of the location in the commune where the vehicle has registered to dock or park frequently if the vehicle does not require registration or the vehicle registration place is not where it frequently docks or parks.

8. In case the applicants mentioned in Clauses 1, 2, 3, 4, 5, 6 and 7 herein are minors, the declaration of change to residence information must include the permission from either of their parents or guardian, unless a written permission has been obtained.

9. In case the applicants mentioned in Clauses 1, 2, 3, 4, 5, 6 and 7 herein are overseas Vietnameses who are holding Vietnamese citizenship, their applications must include an unexpired Vietnamese passport; otherwise, their applications must include another written proof of their Vietnamese citizenship and written permission for permanent residence registration from the immigration authority affiliated to the Ministry of Public Security.

10. The Government shall specify the written proofs of lawful place of residence and written proofs of consanguinity mentioned in this Article.

Best Regards!