Does the lessees of houses have to register temporary residence on their own in Vietnam?

Does the lessees of houses have to register temporary residence on their own in Vietnam?

I have been living in rented accommodation for over a year, but the landlord has not registered my temporary residence for me. Last week, when I was at the commune office to complete the administrative procedures, I was told that I couldn't do it because I hadn't registered my temporary residence. When I asked the landlord, he told me that I have to take care of it myself. I want to know if what my landlord said is correct. What are the current regulations regarding this matter?

Conditions for temporary residence registration in Vietnam

Pursuant to Clause 1 Article 27 of the Law on Residence in 2020 stipulating conditions for temporary residence registration as follows:

- 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.

Pursuant to Article 8 of the Decree 167/2013/ND-CP stipulating violation of regulations on registration and management of residence as follows:

- A fine of between VND 100,000 and 300,000 shall be imposed for one of the acts as follows:

+ Individuals or house holders do not comply with the regulations on registration of permanent or temporary residence or adjust the changes in the family register or temporary residence book;

+ Individuals or house holders do not comply with the regulations on announcement of temporary stay or declaration of temporary absence;

+ Failing to comply with the examination of family residents, temporary residence, temporary stay or failing to present family register, temporary residence book and other papers related to temporary stay of the competent authority;

According to current regulations, the registration of temporary residence is the responsibility of the lessee. Although there is no specific obligation for landlords to register lessees' temporary residence, there are penalties for not complying with the regulations on permanent or temporary residence registration or for not updating changes in household registration or temporary residence records. These penalties apply to household holders (landlords).

In your case, even though you are not obligated to register your temporary residence, the landlord still has a duty to remind you to do so in order to avoid penalties, which can range from 100,000 to 300,000 VND for both you and the landlord for non-compliance with the temporary residence registration regulations.

Does the lessees of houses have to register temporary residence on their own in Vietnam? - Image from Internet

Application for permanent residence registration in Vietnam

- 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;

- Written proof of ownership of lawful place of residence.

Procedures for temporary residence registration in Vietnam

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.

Best regards!

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