If I have gone abroad, do I need to declare a temporary absence in Vietnam?

If I have gone abroad, do I need to declare a temporary absence in Vietnam?

Clause 1, Article 31 of the Residence Law 2020 stipulates temporary absence declaration as follows:

1. Every citizen shall declare their temporary absence in the following cases:

a) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;

b) The citizen is currently subject to compulsory education in their commune; or to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; or under supervision during consideration of admission to a correctional institution or rehabilitation center and leaves the commune-level administrative unit where they are residing for 01 day or more;

c) The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;

d) The citizen is not among the cases mentioned in Points a, b and c herein and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad.

Thus, according to the above regulations in Vietnam, anyone who has gone abroad does not have to declare temporary absence according to the provisions of law.

Can I declare my temporary absence by phone in Vietnam?

In Article 16 of Circular 55/2021/TT-BCA, regulations on temporary absence declaration are as follows:

1. Temporary absence declaration for the cases mentioned in Point c and Point d Clause 1 Article 31 of the Residence Law may be made in any of the following ways:

a) Directly at offices of registration authorities or temporary absence declaration receipt locations designated by registration authorities;

b) Via phone numbers or emails posted by registration authorities;

c) Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

d) Via applications for electronic devices.

2. Registration authorities shall notify or publish their addresses, phone numbers, emails and websites, addresses of the national public service portal, public service portal of the Ministry of Public Security and public service portal for residence management and names of electronic applications receiving temporary absence declarations.

According to this Article, citizens can declare temporary absence via the phone number publicly posted by the residence registration agency to declare in accordance with the law.

If I have gone abroad, do I need to declare a temporary absence in Vietnam? (Image from the Internet)

How much is fine for not declaring temporary absence from the locality in Vietnam?

In Clause 1, Article 9, Decree 144/2021/ND-CP stipulates violations against regulations on residence management and registration as follows:

1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

a) Failure to comply with regulations on registration of permanent residence and temporary residence, cancellation of permanent residence and temporary residence, household division or revision of residence in of in Residence Database;

b) Failure to comply with regulations on notification of residence and temporary absence;

c) Failure to present the family register, temporary residence register, residence certification, other residence documents at the request of a competent authority.

Therefore, anyone who does not declare temporary absence from their locality of residence may be fined from 500,000 VND to 1,000,000 VND according to the provisions of law in Vietnam.

Best regards!