Vietnam: In which case is the absence declaration required?

According to Article 32 of the Law on Residence 2006 (amended in 2013) of Vietnam, absence declaration is prescribed as follows:

- Defendants or the accused who are on bail; persons who are sentenced to imprisonment but the judgment execution decisions are not yet issued or they are entitled to postponement or suspension of imprisonment; persons who are sentenced to imprisonment but enjoy suspended sentence; persons who are punished with non-custody reform; persons who are on probation; persons who are serving the measure of education in communes, wards or townships; persons who are subject to the measure of consignment to education camps, medical treatment establishments or reformatories but enjoy judgment execution postponement or suspension, when leaving their places of residence for one day or more, shall declare their temporary absence.

- Persons who are in the military service age group or on the mobilization reserves, when leaving rural districts, urban districts, provincial towns or cities where they reside for three months or longer, shall declare their temporary absence.

For the case in Clause 2, Article 32 above, subjects are people of military service age or reserve mobilization as prescribed in Article 12 of the Law on military service 1981, amended and supplemented in 1990, 1994, 2005. according to which “Male citizens who are eighteen years old are called into the army; The age for conscription in peacetime is from eighteen years old to twenty-five years old”.

Thus, people of military service age are male citizens who are called up to perform military service in peacetime from 18 years old to 25 years old.

In addition, it is necessary to pay attention to the age of registration for military service. According to the provisions of Article 20 of the Law on Military Service, male citizens who are 17 years old must go to the military agency every year to register for military service according to the order of the district military commander.

Regarding the subject of mobilization reserve, according to the provisions of Article 2 of the Ordinance dated August 27, 1996 of the Standing Committee of the National Assembly of Vietnam on reserve forces, “the reserve force is all reserve military personnel and technical equipment scheduled to supplement the standing force of the Vietnam People's Army when there is an order for general mobilization or local mobilization and during war”.

Thus, except for the cases specified in Clause 1, Article 32 of the Law on Residence 2006, people falling under Clause 2 Article 32 including male citizens aged 18 to 25 years old or those who have reached the age of military service (over 25 years old) but are local reserve soldiers, when leaving the district, town, or city of the province where they reside for three months or more are responsible for declaring temporary absence.

People who need to register temporary residence in another locality when leaving their permanent residence but do not fall into the above cases are not responsible for declaring their temporary absence at the commune, ward or town police.

Procedures for declaring temporary absence

- Documents for declaring temporary absence include:

+ Temporary absence declaration form

+ Present the ID card

- Place of application: Police office of commune, ward or town where the applicant resides

- Processing time: Within working days from receipt of complete and valid documents. In case verification is required, the processing time is 02 working days from receipt of complete and valid documents.

- Fee: No

Fines for violation of regulations on registration and management of residence are specified in Article 8 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government as follows:

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

a) 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;

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

c) 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;

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the acts as follows:

a) Erasing, modifying or having other acts to falsify the content of family register, temporary residence book and other papers related to the temporary stay;

b) Providing untruthful information and documents about the residence;

c) Renting or leasing the family register, temporary residence book and other papers related to the residence to perform acts in contradiction with regulations of law;

d) Using family register, temporary residence book and other papers related to residence for performance of acts in contradiction with law;

dd) The business establishment of temporary stay has not inform the police authority of the stay as prescribed when there are persons coming to stay;

e) Instigating, inciting, entice, seducing, brokering or forcing others to violate the law on residence.

3. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for one of the acts as follows:

a) Committing perjury, forging documents or papers for registration of permanent residence, temporary residence, issue of family register or temporary residence book;

b) Forging the family register or temporary residence book for registration of permanent residence;

c) Using fake family register or temporary residence book

d) Permitting the others to register residence at their shelter for profit or in fact the persons registering residence do not live at that place;

dd) Individuals or family householders have permitted other to join the family register in the same residence as theirs but do not ensure the minimum area per person as prescribed;

e) Signing non-definite labor contract with the laborers who do not belong to their enterprises for joining family register;

g) Using labor contract in contradiction with regulations of law for joining family register;

h) Failing to declare temporary residence for foreigners who rent house;

4. Additional sanction:

Confiscating the exhibits or means used for administrative violation for the acts specified in Point a, Clause 2, Point a, b and c, Clause 3 of this Article;

5. Remedial measures:

a) Coercively recovering the family register, temporary residence book and other papers related to the residence for the acts specified at Point a, Clause 2, Point a, Clause 3 of this Article;

b) Coercively annulling the untruthful information and documents for the acts specified at Point b, Clause 2 of this Article;

c) Coercively surrendering the illegal benefits obtained due to acts of administrative violation specified at Point d, Clause 3 of this Article;

d) Coercively annulling the labor contract in contradiction with the regulations of law to join the family register specified at Point e and g, Clause 3 of this Article.

Source: doisongphapluat.vn

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