What is maximum time limit for temporary residence for students studying away from their home in Vietnam?

What is maximum time limit for temporary residence for students studying away from their home in Vietnam?

Pursuant to Article 27 of the Law on Residence 2020 stipulates conditions for temporary residence registration 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.

Thus, if you are a student going to the city to study at university, when you apply for temporary residence, the maximum time limit for temporary residence is 02 years and can be extended multiple times. When the time limit for temporary residence registration is nearly expired, an extension must be made in accordance with the law in Vietnam.

When do students have to apply for temporary residence extension in Vietnam?

According to Article 28 of the Law on Residence 2020, 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.

According to this Article, students must apply for temporary residence extension within 15 days before the end of the registered temporary residence period in Vietnam.

In which cases can temporary residence registration of students be annulled in Vietnam?

Article 29 of the Law on Residence 2020 stipulates annulment of temporary residence registration 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, students will be annulled from temporary residence registration when falling into one of the cases specified above in Vietnam.

Best Regards!