What is stay? Is it required to make stay notification in Vietnam?

1. What is stay?

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

Stay notification is considered as one of the forms of residence registration as prescribed in Clause 5, Article 2 of the Residence Law 2020.

What is stay? Is it required to make stay notification in Vietnam? (Internet image)

2. Is it required to make stay notification in Vietnam?

Clause 1, Article 30 of the Residence Law 2020 stipulates 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 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.

Thus, when citizens come to reside in a place other than their permanent or temporary residence, such as visiting relatives and friends' houses, etc. for a period of less than 30 days, they are required to make a stay notification with the residence registration agency as prescribed.

3. Form of stay notification in Vietnam

Article 15 of Circular 55/2021/TT-BCA stipulates that 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.

Note:

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.

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 above.

4. Content of stay notification

Pursuant to Article 30 of the Residence Law 2020, the 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 of Vietnam.

- A stay notification includes:

+ Full name

+ Identity card number or 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.

Note: Citizens may stay for as long as they wish but shall not stay longer than 30 days. Stay notification recipients shall update stay notifications to the residence database. (Clause 4, Article 15 of Circular 55/2021/TT-BCA)

5. What is the penalty for not notifying the stay?

Point b, Clause 1, Article 9 of Decree 144/2021/ND-CP stipulating that a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for failure to comply with regulations on notification of residence and temporary absence;

In case the accommodation business, dormitory, medical treatment establishment, tourist accommodation establishment and other establishments having the function of accommodation fail to notify the stay, the fines shall be as follows:

- From 01 to 03 people: A fine of between VND 1,000,000 and 2,000,000 (Point dd, Clause 2, Article 9 of Decree 144/2021/ND-CP);

- From 04 to 08 people: A fine ranging from VND 2,000,000 to VND 4,000,000 (point b, clause 3, Article 9 of Decree 144/2021/ND-CP);

- From 09 people staying or more: A fine ranging from VND 4,000,000 to VND 6,000,000 (point d, Clause 4, Article 9 of Decree 144/2021/ND-CP);

In addition, the case of obstructing or failing to comply with the permanent residence inspection, temporary residence inspection, and residence inspection at the request of competent authorities will also be fined VND 4,000,000 to VND 6,000,000.

Note: The above fine level applies to individuals, the fine level for organizations is 2 times higher than that for individuals.

Nhu Mai

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