Are landlords or tenants responsible for registering for temporary residence in Vietnam?

Are landlords or tenants responsible for registering for temporary residence in Vietnam?

The one responsible for registering for temporary residence shall depend on whether the tenant is a Vietnamese citizen or a foreigner temporarily residing in Vietnam:

(i) Firstly, in case the tenant is a Vietnamese citizen:

Article 27 of the Law on Residence 2020 stipulates that 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.

Thus, when renting a house, the tenant is obliged to declare and register for temporary residence according to the above provisions.

Note, citizens are not allowed to apply for a new temporary residence at the following locations:

- 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.

Are landlords or tenants responsible for registering for temporary residence in Vietnam?

(ii) In case the tenant is a foreigner temporarily residing in Vietnam

According to the provisions of Article 33 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014, any foreigner that temporary resides in Vietnam must, via the manager of the lodging establishment, declare his/her temporary residence at the local police authority.

The manager of the lodging establishment shall complete the declaration form and submit it to the local police authority within 12 hours (or within 24 hours if the administrative division is in a remote area) since the foreigner arrives at the lodging establishment.

Lodging establishments that are hotels must have Internet access or connect to the computer network of the immigration authority affiliated to the provincial police authority to transmit foreigners’ declarations of temporary residence. Other lodging establishments that have Internet access may directly send the foreigners’ declarations of temporary residence to the email address of the immigration authority affiliated to the provincial police authority.

Any foreigner that changes his temporary residence or resides at a place other than that written in the temporary residence card must submit a declaration of temporary residence as prescribed in Clause 1 of Article 33 of the Law on Entry, exit, transit, and residence of foreigners in Vietnam 2014.

Thus, when renting a house to foreigners, the landlord must make a declaration of temporary residence for the tenant according to regulations.

What are the fined for not registering for temporary residence in Vietnam?

Failure to register temporary residence as prescribed will be fined as prescribed in Article 9 of Decree 144/2021/ND-CP according to the specific fine levels as follows:

- Persons who fail to comply with regulations on temporary residence registration may be fined from VND 500,000 to VND 1 million. That is, if the tenant fails to fulfill his/her temporary residence registration obligation, he or she may be administratively fined with a fine ranging from VND 500,000 to VND 1 million (the average level is VND 750,000).

- In the case of renting a house to foreigners, if the lessor does not declare the temporary residence for the foreign tenant, he will be fined from VND 4 million to VND 6 million (the average level is VND 5 million).

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