How to determine the place of residence in Vietnam?

How to determine the place of residence in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is residence?

According to Clause 2, Article 2 of the Residence Law 2020, residence refers to a citizen’s state of living at a location in a commune-level administrative unit or a district-level administrative unit where there is no commune-level administrative unit (hereinafter collectively referred to as “commune-level administrative unit”).

2. How to determine the place of residence in Vietnam?

* Place of residence of citizens

- The place of residence of a citizen includes a permanent residence and/or a temporary residence.

- In case the places of permanent and temporary residence of a citizen could not be determined, their place of residence shall be determined in accordance with regulations in Clause 1 Article 19 of the Residence Law 2020.

* Place of residence of minors in Vietnam

- The place of residence of a minor shall be the place of residence of their parents; if their parents have different places of residence, their place of residence shall be the place of residence of the parent with whom they usually live;

In case the place where the minor usually live with their parent could not be determined, their parents shall agree on their place of residence; otherwise, the Court shall decide the place of residence of the minor.

- Minors may have a place of residence different from the place(s) of residence of their parents with their parents’ permission or in compliance with the law.

* Place of residence of wards in Vietnam

- The place of residence of a ward shall be the place of residence of their guardian.

- Wards may have a place of residence different from that of their guardian with their guardian’s permission or in compliance with the law.

* Place of residence of spouses in Vietnam

- The place of residence of spouses shall be the place where they usually live together.

- Spouses may have different places of residence as agreed upon or in accordance with relevant regulations of law.

* Place of residence of persons learning or working in armed forces

- The place of residence of officers, non-commissioned officers, soldiers, professional servicemen, workers, defense public employees and students of people’s army schools shall be the places where they are stationed, excluding officers, non-commissioned officers, soldiers, professional servicemen, workers and defense public employees whose places of residence are located differently according to regulations of the Residence Law 2020.

- The place of residence of professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers, students of police schools, conscripted non-commissioned officers, conscripted members and public security workers shall be the places where they are stationed, excluding professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers and public security workers whose places of residence are located differently according to regulations of the Residence Law 2020.

- Conditions, applications and procedures for registration of workstations as permanent or temporary residence are provided for by the Minister of National Defense for the persons mentioned in Clause 1 of Article 14 of the Residence Law 2020 and by the Minister of Public Security for the persons mentioned in Clause 2 of Article 14 of the Residence Law 2020.

* Place of residence of persons living or working on watercrafts or other vehicles on an itinerant basis in Vietnam

- The place of residence of persons living or working on watercrafts or other vehicles (hereinafter collectively referred to as “vehicles”) on an itinerant basis shall be the places where the vehicles are registered, excluding cases whose places of residence are located differently according to regulations of the Residence Law 2020.

For vehicles which do not required registration or the vehicle registration places of which are not where they frequently dock or park, the place of residence of persons living or working on these vehicles on an itinerant basis shall be the places where the vehicles frequently dock or park.

* Place of residence of persons involved in religious practices and folk religious practices, and children, persons with disabilities and helpless persons in folk religious establishments and religious establishments in Vietnam

- The place of residence of persons involved in folk religious practices, monastics dignitaries, sub-dignitaries and other persons involved in religious practices living in folk religious establishments or religious establishments shall be those folk religious establishments or religious establishments, excluding cases whose places of residence are located differently according to regulations of the Residence Law 2020.

- The place of residence of children, persons with very severe disabilities, persons with severe disabilities and helpless persons adopted and living in folk religious establishments or religious establishments shall be those folk religious establishments or religious establishments.

* Place of residence of persons receiving care and support in Vietnam

- The place of residence of persons receiving care and support in social support facilities shall be those social support facilities.

- The place of residence of persons receiving care in the community shall be the places of residence of their caregivers.

* Place of residence of persons without permanent and temporary residences in Vietnam

- The place of residence of a person without permanent and temporary residences as they are ineligible for permanent and temporary residence registration shall be their current residence; if they do not live at a certain address, their current residence shall be the commune-level administrative unit where they are living.

Persons without permanent and temporary residences must declare information on their residence with the registration authority of the locality where their current residence is located.

- Registration authorities shall provide instructions on residence information declaration based on the information fields in the national population database and residence database.

- In case the person provided for in Clause 1 of Article 19 of the Residence Law 2020 does not have their information recorded in the national population database and/or residence database, within 30 days starting from the date of receipt of declared information, the registration authority shall verify the information; for complicated cases, this time limit may be extended up to a total of 60 days.

- In case the person provided for in Clause 1 Article 19 of the Residence Law 2020 has had their information recorded in the national population database and residence database, within 05 working days starting from the date of receipt of declared information, the registration authority shall verify the information.

- After verifying, the registration authority shall update information on the declarant's current residence and other information into the national population database and residence database and notify the declarant of such update.

- If there is any change to residence information, citizens must notify the registration authority to have their information in the national population database and residence database revised; and carry out the permanent or temporary residence registration procedures when eligible as per regulationsof the Residence Law 2020.

(Articles 11 to Article 19 of the Residence Law 2020)

Diem My

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