Can I change my residence to my wife's house while serving suspended sentence in Vietnam?

Can I change my residence to my wife's house while serving suspended sentence in Vietnam?

Pursuant to Article 3 of Circular 64/2019/TT-BCA stipulating cases to be considered and settled for change of residence:

The sentenced person may consider and decide to change his/her place of residence if he/she meets the following requirements:

1. Satisfy the requirements as prescribed by the law on residence.

2. There is a legitimate reason to change the place of residence, in one of the following cases:

a) Living with the family but the family moves to another place;

b) Moving to a place of residence with a spouse after marriage; move to another place of residence after a divorce;

c) Moving to a place of residence with the father, mother, grandfather, grandmother or child to fulfill the duty of care and nurture in case the father, mother, grandfather, grandmother or child suffers a serious illness without other people taking care of them, foster or helpless old and weak case;

d) Moving to another place of residence to ensure work or study;

dd) No place of residence because of clearance, natural disaster, fire, enemy sabotage;

e) Forcibling sale of the house to overcome the consequences or ensure life;

g) Having reasons of epidemic or to meet national defense and security requirements;

h) Other cases decided by the criminal judgment execution management agency of the Ministry of Public Security.

3. The place of residence to move to must have a specific, clear, and stable address.

4. The settlement of change of residence of the sentenced person must ensure that it does not affect security and order; ensure the requirements of the management, supervision and education of the sentenced person and the life stabilization and community integration of the sentenced person.

Thus, if you are serving a suspended sentence in Vietnam, you are allowed to change your place of residence to your wife's house in the neighboring commune in same district when you have a good reason and meet the other conditions specified above.

To whom should a person serving suspended sentence apply for a change of residence in Vietnam?

According to Article 4 of Circular 64/2019/TT-BCA stipulating receipt and settlement of applications for change of residence of the sentenced person as follows:

1. The commune-level police station where they are managing, supervising and educating the sentenced person (where they go) shall guide the sentenced person to write an application for change of residence and submit it to the commune-level police station. The application for change of residence must state the reason for the change of residence.

2. Within 03 working days from the date of receipt of the application for change of residence of the sentenced person, the commune-level police station of the place of departure shall consult with the commune-level People's Committee to report to the criminal judgment execution agency of the district-level police office on the case of the sentenced person applying for a change of residence, enclosed with the application for change of residence of the sentenced person.

3. Within 03 working days from the date of receipt of the report from the People's Committee of the commune of the place of departure, the criminal judgment execution agency of the district-level police office of the place of departure shall:

a) Conduct verification and consider settlement in case of applying for change of residence within the district-level administrative unit;

b) Report to the criminal judgment execution agency of the provincial-level police office in case of applying for a change of residence outside the district-level administrative unit within the same provincial-level administrative unit.

c) Report to the Criminal Judgment Execution Management Agency of the Ministry of Public Security in case of applying for a change of residence outside the scope of the provincial-level administrative unit.

4. Based on the verification results or opinions of the criminal judgment execution agency of the provincial-level police department, the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office where issue a decision on the settlement of the case where the sentenced person applies for a change of residence and send that decision to the sentenced person and the commune-level People's Committee of the place of departure. The decision on the settlement of the sentenced person applying for a change of residence must clearly state whether he agrees or disagrees with the sentenced person's change of residence; In case of disagreement, the reason must be clearly stated.

5. Police units and localities have the responsibility to coordinate with the criminal judgment execution management agency of the Ministry of Public Security and the criminal judgment execution agency of the Public Security at all levels in verification of information serving the settlement of the change of residence of the sentenced person.

According to this Article, if you are serving a suspended sentence and want to change your place of residence, you will have to submit an application to the commune-level police station where you are serving your sentence, you can go there for instructions on how to write an application in accordance with regulations in Vietnam.

What is settlement of change of residence within the same district-level administrative unit for a person serving suspended sentence in Vietnam? 

In Article 6 of Circular 64/2019/TT-BCA, settlement of change of residence within the same district-level administrative unit is as follows:

Within 03 working days from the date of receipt of the file on management, supervision and education of the sentenced person, handed over by the commune-level People's Committee of the place of departure according to Point b, Clause 1, Article 5 of this Circular, the The criminal judgment execution agency of the district-level police office shall:

1. Notify and hand over the management, supervision and education records of the sentenced person to the commune-level People's Committee of the place where the sentenced person moves to reside (place of destination) for management, supervision and education of sentenced persons. The handover of documents must be recorded in writing and kept in the records of management, supervision and education of the sentenced person.

2. Report to the criminal judgment execution agency of the provincial-level police department on the change of residence of the sentenced person.

As such, the settlement of change of residence within the same district-level administrative unit for persons serving suspended sentences will be carried out in accordance with the above provisions in Vietnam.

Best regards!