Vietnam: Failure to notify stay will result in a fine of up to 300,000 VND/person

10:22, 17/08/2018

Stay means a citizen's stay for a given period of time at a place in a commune, ward or township other than his/her place of residence and he/she does not fall into a case of obligatory temporary residence registration. The law stipulates that when someone comes to stay, they must notify the commune-level police agency, citizens should learn about the legal provisions on stay notices below to avoid being suddenly fined.

1. Obligation to notify stay:

- Representatives of households, tenements, medical facilities, hotels, guesthouses, and other facilities;

- The person coming to stay is responsible for notifying their stay in case the head of the family or collective house does not register permanent residence in that commune, ward or town.

2. Subjects must notify stay:

All subjects must notify when coming to stay. The Law on amendments to the Law on Residence in 2013 does not limit the age of residents who must notify. Previously, in the Law on Residence 2006 of Vietnam, people had to be 14 years old or older to notify.

Where grandparents, parents, husbands, wives, children, grandchildren or siblings come to stay time and again, the stay notifications are made only once.

3. Documents to present upon stay:

When arriving to stay, the resident must present to the host one of the following documents:

- Identity card;

- Vietnamese passport which is still valid;

- Other identification documents or documents issued by agencies, organizations, or People's Committees of communes, wards, and towns.

For people under 14 years old coming to stay, they do not have to present the above documents but must provide information about their identity.

4. Form of notification of stay

Notification of stay is made in the following form:

- Directly;

- By phone;

- Via the Internet, computer network.

5. Time of notification

Stay notification shall be made before 23.00 hrs; for persons who come to stay after 23:00 hrs, their stay shall be notified in the morning of the following day.

6. Penalties for failure to notify stay:

According to Point b Clause 1 Article 8 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government, failure to notify stay shall be fined up to VND 300,000.

Article 8. Violation of regulations on registration and management of residence

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

…

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

Legal basis:

- Law on Residence 2006

- Law on amendments to the Law on Residence in 2013

- Circular No. 35/2014/TT-BCA

- Decree No. 167/2013/NĐ-CP

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