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 of residence of citizens in Vietnam

Rights of residence of citizens under Article 8 of the Residence Law 2020 are as follows:

- 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.

3. Obligations concerning residence of citizens in Vietnam

Obligations concerning residence of citizens under Article 9 of the Residence Law 2020 are as follows:

- 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.

4. Rights and obligations concerning residence of household heads and household members in Vietnam

Rights and obligations concerning residence of household heads and household members under Article 10 of the Residence Law 2020 are as follows:

(1) Persons living together in a lawful place of residence and related by blood (paternal grandparents, maternal grandparents, parents, spouse, children and biological siblings, nieces, nephews and grandchildren) may register that place as their permanent or temporary residence as one household.

(2) A person besides the cases mentioned in (1), if eligible to register the same lawful place of residence as their permanent or temporary residence according to regulations of this Law, may register that place as their permanent or temporary residence with the previously mentioned household.

(3) Multiple households may register one lawful place of residence as their permanent or temporary residence.

(4) The head of a household shall be a person with full legal capacity selected by all household members; for households without a person with full legal capacity, the household head shall be the person selected by all household members

If the household members fail to agree on a household head, the Court shall select the household head from the household members.

If a household has only one member, that member shall be the household head.

(5)  Rights and obligations of household heads concern enabling their household members to comply with regulations on residence registration and management and other regulations in the Residence Law 2020 as well as giving instructions on such compliance;

And notifying the registration authority if any household member is among the cases mentioned in Clause 1 Article 24 and Clause 1 Article 29 of the Residence Law 2020.

(6)  Rights and obligations of household members concern selecting the household head and fully complying with regulations on residence registration and management.

Quoc Dat

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