Is it possible to not apply for permanent residence when eligible in Vietnam?

Is it possible to not apply for permanent residence when eligible in Vietnam?

Pursuant to Clause 2, Article 20 of the Law on Residence 2020 stipulates conditions for permanent residence registration, according to which:

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.

In Clause 4, Article 22 of the Law on Residence 2020, procedure for permanent residence registration are as follows:

4. A person who has registered their permanent residence but is moving to another lawful place of residence and is eligible for permanent residence registration shall register their new place of residence as their permanent residence according to regulations of this Law within 12 months starting from the date upon which they become eligible.

Thus, when you move in with your husband's house and are eligible to register for permanent residence, it is your responsibility to register for permanent residence and within 12 months you must carry out the procedures in Vietnam to transfer your household registration to your husband's house.

Are there penalties for eligible for permanent residence but failing to apply permanent residence in Vietnam? 

According to Clause 1, Article 9 of Decree 144/2021/ND-CP stipulating violations against regulations on residence management and registration, specifically:

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.

According to the above regulations in Vietnam, if you do not perform the household registration transfer, you may be fined from 500,000 to 1,000,000 VND.

Best Regards!