What is temporary absence? Cases of temporary absence declaration in Vietnam under the Residence Law

What is temporary absence? Cases of temporary absence declaration in Vietnam under the Residence Law (Internet image)

1. What is temporary absence?

According to Clause 7, Article 2 of the Residence Law 2020, temporary absence means a citizen’s absence from their place of residence for a definite amount of time.

In which, the place of residence includes:

- 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.

- Current place of residence (hereinafter referred to as “current residence”) means the place of permanent or temporary residence where a citizen lives on a regular basis; if the citizen has no place of permanent or temporary residence, the place where they are living shall be their current place of residence.

(Clause 8, 9 and 10, Article 2 of the Residence Law 2020)

2. Cases of temporary absence declaration in Vietnam

Every citizen shall declare their temporary absence in the cases specified in Clause 1, Article 31 of the Residence Law 2020 as follows:

(1) The citizen leaves the commune-level administrative unit where they are residing for 01 day or more and:

- Is out on bail;

- Is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement;

- Is convicted and undergoing probation;

- Is under mandatory supervision or serving a community sentence;

- Is on parole and;

(2) The citizen leaves the commune-level administrative unit where they are residing for 01 day or more:

- And is currently subject to compulsory education in their commune;

- To serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement;

- Under supervision during consideration of admission to a correctional institution or rehabilitation center and ;

(3) The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;

(4) The citizen is not among the cases mentioned in item (1), (2) and (3) and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad.

3. Forms of temporary absence declaration in Vietnam

- Before leaving their places of residence, the persons mentioned in Item (1) and (2) of Section 2 must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.

- Temporary absence declaration for the cases mentioned in Item (3) and (4) of Section 2 may be made in any of the following ways:

+ Directly at offices of registration authorities or temporary absence declaration 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.

(Clause 2, Article 31 of the Residence Law 2020 and Clause 1, Article 16 of Circular 55/2021/TT-BCA)

4. Information to be declared 

According to Clause 4, Article 31 of the Residence Law 2020, the information to be declared includes:

- Full name;

- Identity card number or passport number of the declarant;

- Reason for temporary absence;

- Temporary absence duration;

- Address of the declarant’s destination.

Thanh Rin

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