Expectation: Add the case of Vietnamese citizens who reside overseas and enter Vietnam using their permanent registration passport but Vietnamese passports are lost or damaged?

Expectation: Add the case of Vietnamese citizens who reside overseas and enter Vietnam using their permanent registration passport but Vietnamese passports are lost or damaged?

In Clause 1, Article 1 of the Draft Circular amending Circular 55/2021/TT-BCA guiding the Law on Residence; Circular 56/2021/TT-BCA providing for forms in registration and residence management; Circular 57/2021/TT-BCA stipulating the residence registration process has the following proposal for permanent residence registration with foreign elements:

4. To amend and supplement Clauses 2 and 3, Article 9 as follows:

"2. Overseas Vietnamese who enter Vietnam with a Vietnamese passport must have a Vietnamese passport in their application for permanent residence, which that person used to enter Vietnam the last time. In case a Vietnamese passport is lost or damaged, it must be certified by the exit and entry management agency of the police department of the province or centrally run city where the permanent residence registration is requested or the Immigration Department.

3. Overseas Vietnamese who use a passport or a replacement passport issued by a foreign country or a passport replacement document issued by a competent Vietnamese authority to enter Vietnam shall be included in the registration dossier. Permanent residents must have papers and documents proving that they have Vietnamese nationality in accordance with the provisions of Vietnamese law on nationality and written consent for permanent residence by the immigration management agency specified in Article 12, this Circular".

In Clause 2, Article 9 of Circular 55/2021/TT-BCA, there are regulations on permanent residence registration with foreign elements as follows:

2. For Vietnamese citizens who reside overseas and enter Vietnam using a Vietnamese passport, their permanent registration applications must include the Vietnamese passports that they use to enter Vietnam most recently.

3. For Vietnamese citizens who reside overseas and use passports or other documents replacing passports issued by foreign countries to enter Vietnam, their permanent residence registration must have documentary proof of Vietnamese citizenship according to Vietnamese law on nationality and written acceptance of permanent residence registration by the immigration authorities mentioned in Article 12 herein.

Thus, according to the draft, overseas Vietnamese who enter with a Vietnamese passport when registering for permanent residence but their Vietnamese passport is lost or damaged, must be certified by:

- Immigration management agency of the Police Department of the province or centrally run city where the permanent residence registration is requested

- Or Immigration Department, Ministry of Public Security.

Does residence registration agency have right not to refund fee when detecting false declaration of conditions or forging documents in order to obtain residence registration in Vietnam?

In Clause 1, Article 1 of the Draft Circular amending Circular 55/2021/TT-BCA guiding the Law on Residence; Circular 56/2021/TT-BCA providing for forms in registration and residence management; Circular 57/2021/TT-BCA adds the following cases where the residence registration agency has the right to refuse to settle residence registration:

1. To amend and supplement Article 3 as follows:

7. The residence registration agency has the right to refuse to process the residence registration, confirm the residence information and not refund the fee (in case the fee has been paid) if it detects that the citizen's papers and documents have been damaged, erased, corrected, forged, perverted conditions, forged documents to be registered for residence.

In Clause 5, Article 3 of Circular No. 55/2021/TT-BCA, the residence registration agency has right to refuse to refund the fee as follows:

5. Registration authorities have the right to reject applications for residence registration and residence information verification and not refund paid charges if it is found that the documents provided by the applicants have been edited or forged.

Thus, the new draft adds the case that if it is discovered that the papers and documents provided by the citizen have falsified conditions or forged documents in order to be registered for residence, the residence registration agency has the right to refuse to process residence registration, confirm residence information and do not refund fees (in case fees have been paid) in Vietnam.

What do relationships between members and head of a household in household in Vietnam comprise?

In Clause 2, Article 1 of the Draft Circular amending Circular 55/2021/TT-BCA guiding the Law on Residence; Circular 56/2021/TT-BCA providing for forms in registration and residence management; Circular 57/2021/TT-BCA stipulates that people who have a relationship with the head of household in a household are as follows:

2. To amend and supplement Clauses 3 and 4, Article 6 as follows :

“3. Citizens who come to live in places other than their permanent residence or temporary residence are responsible for going to the residence registration office where they are living to update information about their current residence in the residence database if the place of residence is not eligible for permanent residence registration, temporary residence registration or is not required to register for temporary residence as prescribed.

4. The relationship between a household member and the head of household in the household is determined as follows: wife, husband, natural father, natural mother, father-in-law, mother-in-law, father-in-law, mother-in-law, adoptive father, mother adopted, stepfather, stepmother, biological child, daughter-in-law, son-in-law, adopted child, stepchild of a spouse; paternal grandfather, grandmother, maternal grandfather, grandmother, biological brother, biological sister, biological brother, biological grandchild; brothers, sisters, half-brothers; brothers, sisters, brothers with different mothers; brother-in-law, brother-in-law, sister-in-law, sister-in-law; great-grandparents, great-grandchildren, great-grandchildren, great-grandchildren, biological uncles, biological uncles, biological uncles, biological aunts, biological aunts and great-grandchildren; guardian, ward, stay, stay, borrow, rent, stay with, co-rent, co-borrow."

In Clause 4, Article 6 of Circular 55/2021/TT-BCA, the relationship between a household member and the head of the household is determined as follows:

4. Relationships between the members and the head of a household shall be determined as follows: wife, husband, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child; paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological older brother, biological older sister, biological younger sibling, biological niece/ nephew; paternal great-grandfather/ great-grandmother, maternal great-grandfather/ great-grandmother, biological uncle, biological aunt, biological great-grandchild; guardian, persons staying without paying rent, borrowing or renting the place of residence.

Thus, the new draft proposes to add members who have a relationship with the household head in the household, including father-in-law, mother-in-law, father-in-law, mother-in-law, stepfather, stepmother, daughter-in-law, son-in-law, the ward in Vietnam.

Best Regards!