Proposal: Adding document proving land use rights that are currently mortgaged to types of written proof of ownership of lawful place of residence in Vietnam

Proposal: Adding document proving land use rights that are currently mortgaged to types of written proof of ownership of lawful place of residence in Vietnam (Image from the internet)

1. Proposal: Adding document proving land use rights that are currently mortgaged to types of written proof of ownership of lawful place of residence in Vietnam

Based on Clause 1, Article 5 of the Draft Decree detailing the Law on Residence, it is stipulated that citizens, when registering for permanent residence, need to prove their lawful place of residence with one of the following types of documents, papers:

+ Papers, documents certifying the land use right, house ownership, or assets attached to the land issued by a competent authority;

+ Construction permits according to the law on construction (for cases requiring a construction permit);

+ Contracts for buying, selling state-owned houses, or documents on the liquidation of state-owned houses;

+ Contracts for buying houses, contracts for buying houses formed in the future, or documents proving the handover of houses, the receipt of houses from real estate enterprises;

+ Papers on purchasing, lease-purchase, receiving donations, inheritance, capital contribution, home exchange according to the legal regulations on land and housing;

+ Papers on granting charitable houses, compassionate houses, solidarity houses, granting houses, land to households or individuals;

+ Court or competent state authority papers resolving house ownership that have taken legal effect;

+ Papers, documentation proving the land use right, house ownership, or assets attached to the land issued by a competent authority mortgaged with banks; handwritten sale documents, commitment of no disputes;

+ Papers verified by the People's Committee of the commune or district level where there is no commune-level administrative unit, attesting that the house or land does not have ownership disputes and is not located in areas stipulated in Article 23 Law on Residence 2020;

+ Papers proving the registration and inspection of vehicles owned. Confirmation of the registration of the usual parking places of the vehicles;

+ Papers, documents proving the legal leasing, borrowing, or staying arrangements of lawful place of residence; these documents must be notarized or authenticated following the Lawon Residence 2020;

+ Papers from agencies or organizations signed and stamped by the head of the agency or organization proving the granting, transfer, or household establishment on land allocated by the agency or organization (for housing, land under the management authority of the agency or organization).

When comparing with Article 5 Decree 62/2021/ND-CP guiding the Law on Residence 2020, it is evident that the Draft Decree proposes to add the mortgage document of land use right certificates with banks as proof of lawful place of residence.

2. What are details of proposal on types of written proof of ownership of lawful place of residence for temporary registration in Vietnam?

Based on Clause 2, Article 5 of the Draft Decree detailing the Law on Residence, the papers, documents proving lawful place of residence for temporary registration in Vietnam are as follows:

+ One of the papers, documents specified in Clause 1, Article 5 of the Draft Decree, except in cases where the papers, documents proving lawful place of residence are leasing, borrowing, or staying agreements not requiring notarization or authentication by the People's Committee at the commune level;

+ A written commitment by the citizen about having a house within their usage right that does not involve any dispute over the usage right if they do not have one of the papers, documents specified at point a, Clause 2, Article 5 of the Draft Decree;

+ Papers, documents proving lawful place of residence certifying ownership of a lodging establishment or permission by the lodging establishment owner to lease, borrow, or stay following legal regulations;

+ Citizens can register temporary residence at lawful place of residences not owned by them without presenting any proof of lawful place of residence if consented by the lawful place of residence owner, covered under points a, b, and c Clause 2 Article 20 Law on Residence 2020. If a citizen requests registration into an existing temporary household, the household head's consent is required, with the temporary stay duration matching the household's temporary stay period.

When comparing with the Law on Residence 2020, it does not stipulate any specific papers, documents proving lawful place of residence for temporary registration as indicated above.

More details can be found in the Draft Decree detailing the Law on Residence.

Nguyen Minh Kho

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