Currently, the 14th National Assembly Session - 10th session is still holding. In particular, the Draft Law on Residence 2020 of Vietnam is being consulted. Below are amendments to permanent residence registration according to the Draft Law on Residence.
Article table of contents
1. Supplementing conditions for registration of permanent residence in case of place of residence renting, borrowing or staying in
According to Article 19 of the Residence Law 2006 of Vietnam, where their lawful domiciles are leased, lent or let for their free-of-charge stay by individuals, written consent of the lessors, the lenders or such individuals is required.
However, according to Clause 3 Article 20 of the 7th Draft Law on Residence 2020, which is discussed at the 14th National Assembly Session - 10th session, a citizen may register a lawful place of residence that they rent, borrow or stay in as their permanent residence on the following conditions:
- The owner of the lawful place of residence agrees to let the citizen register the location that they rent, borrow or stay in as their permanent residence;
- There are 02 options:
Option 1: The condition for minimum floor area stipulated by the provincial People’s Council is satisfied, which shall be more than 08 m2 of floor/person.
Option 2: Having registered for temporary residence in the same province or central-affiliated city for at least 01 year.
Thus, the 7th Draft Law on Residence 2020 will supplement conditions to this issue, however, whether to choose which option is still being discussed.
Concurrently, the 7th Draft Law on Residence 2020 also annulled particular regulations on conditions for registration of permanent residence in central-affiliated cities. Accordingly, there will be no particular regulations on the conditions for permanent residence registration in central-affiliated cities, the registration of permanent residence in the provinces and central-affiliated cities is the same, without distinction, and is generally and uniformly applied across the country.
2. Deletion of permanent residence registration
According to Article 22 of the Residence Law 2006 of Vietnam, persons who fall into one of the 05 following cases shall have their permanent residence registration deleted:
- They die or are declared by a court as missing or dead;
- They are enlisted into the People's Army or the People's Police and live in barracks;
- They are given decisions to delete their permanent residence registration;
- They settle abroad;
- They have registered their permanent residence at a new place of residence; for this case, the agencies which have carried out procedures to register permanent residence for citizens at new places of residence shall immediately notify the agencies which have issued the papers on household registration transfer for deletion of permanent residence registration at the old places of residence.
Notably, according to Article 24 of the 7th Draft Law on Residence 2020, there are 02 cases of deletion of permanent residence registration annulled, including: persons enlisted into the People's Army or the People's Police and live in barracks; and persons having registered their permanent residence at a new place of residence.
Concurrently, supplementing 06 new cases of deletion of permanent residence registration, specifically as follows:
- The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence;
- 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 permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence;
- The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence;
- The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it; or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;
- 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 permanent residence.
Thus, permanent residence registration of a person will be annulled in any of the above-mentioned cases according to the 7th Draft Law on Residence 2020. It can be seen that this new regulation comes from practice in order to improve the efficiency of residence management, grasp the actual number of permanent residents in the working area, raise responsibility for ensuring security, social order and safety and protect the legitimate rights and interests of all people.
3. Separation of household registration books
According to Article 27 of the Residence Law 2006 of Vietnam, cases where persons share the same lawful domicile and are entitled to household registration book separation include:
- Persons who have full civil act capacity and the need for household registration book separation;
- Persons who are not persons living in the same lawful domicile and being bound in family ties as grandparents, parents, wife, husband, offspring, siblings and grandchildren have been entered in household registration books issued to individuals and get the household heads' written consent for separation from their household registration books.
- Persons who are not persons living in the same lawful domicile and being bound in family ties as grandparents, parents, wife, husband, offspring, siblings and grandchildren have been entered in household registration books issued to households and get the household heads' written consent for separation from their household registration books.
However, according to Article 25 of the 7th Draft Law on Residence 2020, a household member may separate themselves from their household to register the lawful place of residence where their household resides as their permanent residence on the following conditions:
- The separating member has full legal capacity; in case multiple members separate themselves from the household to form a new household, at least one of them must have full legal capacity;
- The household head agrees to this separation;
- The permanent residence of the household is not among the locations not eligible for new permanent residence registration, specifically as follows:
+ Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.
+ Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.
+ Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.
+ Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.
+ Places of residence being houses issued with a demolition decision by the competent authority.
It can be seen that the 7th Draft Law on Residence 2020 has supplemented the condition for separation of household registration books which is that the permanent residence of the household is not among the locations not eligible for new permanent residence registration. This is a completely new regulation compared to the current Residence Law of Vietnam.
Thus, the 7th Draft Law on Residence 2020 has introduced many changes, especially regulations on permanent residence registration. However, this draft law is still being discussed by the National Assembly and has not been approved. As soon as there are new regulations, LAWNET will promptly update to Customers and Members.
Le Vy
