09 cases of annulment of permanent residence registration in Vietnam

09 cases of annulment of permanent residence registration in Vietnam (Internet image)

According to Clause 1, Article 24 of the Law on Residence 2020, permanent residence registration of a person will be annulled in any of the following cases:

- The person is deceased or declared missing or deceased by the Court;

- The person resides overseas permanently;

- The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of Law on Residence 2020;

- The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;

- The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

- The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in Point h herein;

- The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence and excluding the cases provided for in Point h herein;

- The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it; or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;

- The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their permanent residence.

2. Documents and procedures for removing permanent residence in Vietnam

Documents and procedures for removing permanent residence in Vietnam are specified in Article 7 of Decree 62/2021/ND-CP as follows:

- Within 1 day from the date on which decisions on removing permanent residence registration of heads of direct superior authority are received or from the date on which decisions on removing permanent residence registration for citizens are issued, residence registry authority shall remove permanent residence registration for citizens and update on removed permanent residence registration on National database on population and database on residence.

- Except for cases under Clause 1 of Article 7 of Decree 62/2021/ND-CP, within 7 days from the date on which a household member is subject to removal of permanent residence registration, household members or representatives of the household are responsible for submitting documents for adopting procedures for removing permanent residence registration to residence registry authority. Documents on removing permanent residence registration consist of: Declaration on change of residence information and documents proving eligibility for removing permanent residence registration.

- Supervisory agencies of individuals learning, working in people’s armed forces shall request local residence registry authority to remove permanent residence registration of their subordinates. Written request must specify full name; Citizen Identity Card number or ID Card number of subject of permanent residence registration removal; reason for removal of permanent residence registration.

- Within 5 working days from the date on which adequate documents are received, residence registry authority shall remove permanent residence registration for citizens and update the removal on National database on population and database on residence.

- Residence registry authority shall remove permanent residence registration for citizens upon identifying the citizens to be among cases of individuals having removed permanent residence registration. Prior to removing permanent residence registration, residence registry authority shall issue notice on removal of permanent residence registration to the citizens or representatives of households and allow the recipients to submit documents for removal of permanent residence registration as specified under Clause 2 of Article 7 of Decree 62/2021/ND-CP.

If citizens or their household members do not submit documents for removing permanent residence registration within 7 days from the date on which residence registry authority notifies, residence registry authority shall produce record on failure to follow up with procedures for permanent residence registration removal and remove permanent residence registration. 

Residence registry authority shall inform citizens or their household members about removal of permanent residence registration once the removal has been completed.

Diem My

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