What is stay? Forms of stay notification in Vietnam

 What is stay? Forms of stay notification in Vietnam (Source: Internet)

1. What is stay?

According to Clause 6, Article 2 of the Law on Residence 2020, “stay” means a citizen’s state of living at a location save their permanent or temporary residence for less than 30 days.

In particular, the place of permanent residence and temporary residence are specified in Clauses 8 and 9, Article 2 of the Law on Residence 2020 as follows:

-  “Place of permanent residence” (hereinafter referred to as “permanent residence”) refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;

“Place of temporary residence” (hereinafter referred to as “temporary residence”) refers to a place of short-term residence of a citizen save their place of permanent residence that is registered as their temporary residence.

2. Regulations on stay notification in Vietnam

The stay notification is prescribed in Article 30 of the Law on Residence 2020 as follows:

- When someone comes to stay with a household or at a healthcare establishment, tourist accommodation establishment or other types of lodging, a member of the household or the representative of the establishment shall notify the person’s stay with the registration authority;

In case a person comes to stay in the place of residence of an absent individual or household, the person shall notify their stay with the registration authority.

- Stay notification may be carried out in person, by phone or by electronic means or other means as per regulations from the Minister of Public Security.

- A stay notification includes

+ Full name

+ Identity card number

+ Passport number of the staying person;

+ Stay reason;

+ Stay duration;

+ Address of the hosting place.

- Stay notification must be done before 11:00PM of the starting day of the stay period; if a person comes to stay after 11:00PM, their stay shall be notified before 08:00AM of the following day; biological siblings, children, spouse, parents and grandparents coming to stay multiple times only need to notify their stay once.

- Stay notifications shall be recorded into stay receipt books.

3. Forms of stay notification in Vietnam

According to Clause 1, Article 15 of Circular 55/2021/TT-BCA, the stay notifications may be given in any of the following ways:

- Directly at offices of registration authorities or stay notification receipt locations designated by registration authorities;

- Via phone numbers or emails posted by registration authorities;

- Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

- Via applications for electronic devices.

4. Responsibility for stay notifications of registration authorities in Vietnam

The responsibility for notification of registration authorities according to Clause 2, Article 15 of Circular 55/2021/TT-BCA is as follows:

Registration authorities shall notify or publish their addresses, phone numbers, emails and websites, addresses of the national public service portal, public service portal of the Ministry of Public Security and public service portal for residence management and names of electronic applications receiving stay notifications.

5. Responsibilities of other individuals and organizations for stay notification in Vietnam

According to Clause 3, Article 15 of Circular 55/2021/TT-BCA, stipulating that when someone comes to stay with a household or at a healthcare establishment, tourist accommodation establishment or other types of lodging, a member of the household or the representative of the establishment shall:

Request the person to present one of the legal documents containing their personal identification number as per the law and notify their stay with the registration authority in any of the ways mentioned in Section 3.

Quoc Dat

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