What is residence? Rights and obligations of residence of citizens in Vietnam

What is residence? Rights and obligations of residence of citizens in Vietnam (Internet image)

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. Rights and obligations of residence of citizens in Vietnam

2.1. Rights of residence of citizens in Vietnam

Specifically, in Article 8 of the Residence Law 2020, the rights of residence of citizens include:

- Choose and decide their places of residence and register residence in accordance with this Law and other relevant provisions of law.

- Have personal information and information on their households in the residence database protected, excluding the cases where provision of such information is required as per the law.

- Use information on their residence in the national population database, and have residence information verified by registration authorities across the country regardless of their places of residence when requesting.

- Have information on their residence in the residence database updated by registration authorities upon change or when requesting.

- Be provided with information and documents related to the exercise of their right to freedom of residence when requesting.

- Have their right to freedom of residence protected by competent authorities.

- Make a denunciation of and file a complaint or lawsuit against violations against regulations on residence as prescribed by law.

2.2. Obligations concerning residence of citizens in Vietnam

Obligations concerning residence of citizens

- Register their residence in accordance with the Residence Law 2020 and other relevant provisions of law.

- Provide sufficient and accurate information and documents on their residence for the competent authority and individual in a timely manner and take responsibility for the information and documents provided.

- Pay residence registration charges as prescribed by laws on fees and charges.

(Article 9 of the Residence Law 2020)

3. Cases where citizens have their freedom of residence restricted in Vietnam

According to Clause 2, Article 4 of the Residence Law 2020, exercise of the right to freedom of residence of citizens will be restricted for the following cases:

+ Persons banned from leaving their place of residence or temporarily detained by presiding officers or presiding authorities;

+ Convicts yet to receive the sentence enforcement decision or having received the sentence enforcement decision but out on bail or granted suspension of sentence enforcement;

+ Convicts undergoing probation; persons serving a custodial sentence, imposed a residence ban, under mandatory supervision or serving a community sentence; and persons on parole;

+ Persons currently subject to compulsory education in their communes or serving a sentence in a correctional institution or rehabilitation center;

+ Persons to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; and persons under supervision during consideration of admission to a correctional institution or rehabilitation center;

+ Persons placed under medical quarantine as they pose the risk of spreading an infectious disease to the community;

+ Locations and areas placed under medical quarantine for prevention and control of an infectious disease as per the decision of the competent authority or person; localities declaring state of emergency as per the law; locations forbidden from new permanent residence registration, new temporary residence registration and household separation according to regulations of this Law;

+ Other cases per the law.

In particular, the content and duration of such restriction shall conform to effective judgments and decisions of the Court, decisions of other competent authorities or relevant regulations of law.

Thanh Rin

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