Citizens have the right to freely change their place of residence, however, each person is only allowed to register for temporary residence in one place. Below are 06 things everyone must know about temporary residence registration in Vietnam.
Article table of contents
1. What is temporary residence registration?
According to Article 30 of the Law on Residence 2006 of Vietnam, temporary residence registration means that citizens register their places of temporary residence with competent state agencies which carry out the temporary residence registration procedures and grant temporary residence books to them.
It can be seen that temporary residence registration assists the management agency in managing the population, ensuring security and order in the area. Concurrently, temporary residence registration helps ensure that citizens enjoy full benefits such as sending their children to study at public schools; carrying out procedures for bank loans, buying houses, investing in real estate, registering for ownership of motorbikes and cars, registering for business, completing documents for admission to the Party, receiving scholarships for students, etc.
Moreover, according to Article 27 of the 7th Draft Law on Residence, which is discussed at the 14th National Assembly Session - 10th session, a person who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence.
2. Carrying out the procedure for temporary residence registration within 30 days
According to Clause 2 Article 30 of the Law on Residence 2006 of Vietnam, persons who are living, working, laboring or studying at a place in a commune, ward or township but are not entitled for permanent residence registration in that locality shall, within 30 days after their arrival, register their temporary residence at the commune/ward/township police offices.
However, according to Clause 1 Article 27 of the 7th Draft Law on Residence 2020, a citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence. Concurrently, this Draft Law does not stipulate the time limit for carrying out the procedure for temporary residence registration.
Customers can view more at the Guidance on procedures for temporary residence registration in Vietnam in 2020
3. Citizens must renew their temporary residence after 24 months
According to Article 17 of the Circular No. 35/2014/TT-BCA of the Ministry of Public Security of Vietnam detailing a number of articles of the Residence Law 2006 of Vietnam, the temporary residence duration may be as requested by citizens but must not exceed 24 months.
Past the temporary residence duration, if households or individuals continue residing temporarily, household representatives or individuals shall carry out procedures for temporary residence extension at police offices which have granted temporary residence books. The temporary residence duration for each extension must not exceed the remaining time limit of the temporary residence book.
When temporary residence books expire but households or individuals continue temporarily residing at such places of residence, household representatives or individuals shall carry out procedures for re-grant of temporary residence books at police offices which have granted temporary residence books.
Note: Within 30 (thirty) days before the temporary residence duration expires, an individual, agency or organization shall carry out procedures for temporary residence extension at the police office that have registered the temporary residence.
Notably, according to Clause 2 Article 27 of the 7th Draft Law on Residence 2020, there are 02 options for provisions on this issue, to be specific:
Option 1: The maximum time limit for temporary residence is 02 years, which may be extended multiple times.
Option 2: No provision on this issue.
Thus, the 7th Draft Law on Residence 2020 is still under discussion on whether to continue this maximum temporary residence period or not.
4. Deletion of names in temporary residence registration books
According to Article 19 of the Circular No. 35/2014/TT-BCA of the Ministry of Public Security of Vietnam, police offices of communes, wards or townships in which persons register their temporary residence shall delete their names from the temporary residence registration books when:
- Persons who have registered their temporary residence are dead or missing.
- Persons who have registered their temporary residence no longer live, work or study in places where they have registered their temporary residence for 6 (six) months or more.
- Past 30 days after the expiration of the temporary residence duration, persons who have registered their temporary residence fail to come to police offices to carry out procedures for temporary residence extension.
- Persons who have registered their temporary residence are then permitted to register their permanent residence.
- Persons who have registered their temporary residence have their temporary residence registration canceled by competent agencies in case temporary residence registration is carried out ultra vires, for persons or under the conditions.
Thus, citizens who fall under the above-mentioned cases will have their names deleted from the temporary residence registration books.
Moreover, according to Article 29 of the 7th Draft Law on Residence, which is discussed, there are 04 more cases of deletion of names in temporary residence registration books, including:
- The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;
- The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;
- The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;
The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their temporary residence.
5. What are KT2, KT3 and KT4 temporary residence books?
According to the Residence Law 2006, Circular No. 35/2014/TT-BCA and in practice, temporary residence books KT2, KT3 and KT4 are understood as follows:
Temporary residence book KT2: A type of temporary residence book issued to citizens who have registered their permanent residence in one district but have registered for long-term temporary residence in another district within the same province/city.
Example: A citizen who has permanent residence in Tan Binh District, Ho Chi Minh City but currently living in District 7, Ho Chi Minh City, when registering for long-term temporary residence in District 7, will be granted a KT2 temporary residence book.
Temporary residence book KT3: A type of temporary residence book issued to citizens who have permanent residence in a province/city but have a long-term temporary residence registration in another province/city within the same country.
Example: A citizen who has permanent residence in Lam Dong Province but currently living in Ho Chi Minh City, when registering for a long-term temporary residence in Ho Chi Minh City, will be granted a temporary residence book KT3.
Temporary residence book KT4: A type of temporary residence book issued to citizens similar to the case of KT3, but the duration of temporary residence registration is shorter and has a certain term.
Example: A citizen who has permanent residence in Lam Dong Province but currently living in Ho Chi Minh City, when registering for a temporary residence for 6 months in Ho Chi Minh City, will be granted a temporary residence book KT4.
6. Fines for violations against regulation on temporary residence registration
According to Article 8 of the Decree No. 167/2013/NĐ-CP of Vietnam’s Government on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence, fines for violations against regulation on temporary residence registration are specified as follows:
7. Eliminating temporary residence book in the near future
This is a notable content of the 7th Draft Law on Residence. To be specific, according to Clause 2 Article 28 of the 7th Draft Law on Residence, within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected. Thus, information on temporary residence will be updated to the residence database and the national database instead of issuing temporary residence books as at the present.
Concurrently, according to Clause 2 Article 38 of the 7th Draft Law on Residence, which is expected to be effective from July 01, 2021, there are 02 options as follows:
Option 1:
- Starting from July 01, 2021, issued household registration books and temporary residence registers may continue to be used and are equivalent to written confirmations of residence until December 31, 2022 inclusive.
- In cases where information in a household registration book or temporary residence register differs from information in the residence database, the latter shall be used.
- When a citizen carries out a residence registration procedure that changes information in their household registration book or temporary residence register, the registration authority shall revoke the issued household registration book or temporary residence register, update information in the residence database and not issue a new household registration book or temporary residence register or reissue the old household registration book or temporary residence register to the citizen.
Option 2:
- Legally valid papers and documents that have been issued using information from the household registration book remain legally valid.
- The household registration book is not valid for use in transactions and legal relations newly established since July 01, 2021.
Currently, there is still no official decision to approve the Residence Law 2020 as well as a decision on whether to remove the temporary residence book or not, and the time for annulment of temporary residence books. Thus, temporary residence books are still valid until the National Assembly makes a new decision on this issue.
Le Vy
