Guidance for procedures for temporary residence registration in Vietnam in 2020

DOWNLOAD: THE NOTICE OF CHANGE IN HOUSEHOLD REGISTRATION OR MEMBERSHIP

DOWNLOAD: HOUSEHOLD MEMBERSHIP DECLARATION

According to Article 16 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, procedures for temporary residence registration are carried out as follows:

Step 1: Preparing application

1. The notice of change in household registration or membership; household membership declaration (for cases requiring such declaration).

If temporary residents are permitted by householders to be listed in temporary residence books or to register their temporary residence at the latter’s permanent residence places, such permission shall be written in the notice of change in household registration or membership, with their signatures, full names and dates.

2. Papers and documents proving the lawful domicile as prescribed in Article 6 of Decree No. 31/2014/NĐ-CP of Vietnam’s Government (unless householders possessing household registration books or temporary residence books give consent to the temporary residence registration). To be specific:

- Papers showing that citizens lawful domiciles are under their ownership, including one of the following papers:

+ Papers certifying the ownership rights to dwelling houses or papers on ownership rights to dwelling houses, issued by competent bodies in different periods;

+ Papers on residential-land use rights under the provisions of land law (with dwelling houses on that land);

+ Construction permits under the provisions of construction law (for cases requiring such permits);

+ Contracts on purchase and sale of state-owned houses or papers on liquidation of state-owned houses;

+ Contracts on house purchase or papers proving the hand-over of dwelling houses and acceptance of dwelling houses of enterprises which have the function of dealing in dwelling houses and invest in the construction thereof for sale;

+ Papers on purchase, sale, donation, exchange, inheritance of dwelling houses, which are notarized or authenticated by People's Committees of communes, wards or townships (below referred to as commune-level People's Committees for short);

+ Papers on donation of gratitude houses, charity houses, solidarity houses, on grant of dwelling houses or residential land to individuals or households relocated under the States plans or to other subjects;

+ Papers of courts or competent state administrative bodies permitting the ownership of dwelling houses, which have already taken legal effect;

+ Papers certified by commune-level People's Committees on dwelling houses, residential land free from disputes over the ownership rights to dwelling houses, the rights to use residential land, if one of the above-listed papers is unavailable;

+ Papers proving the registration of ships, boats or other craft under their ownership and addresses of the original wharves of the craft used for lodging. If the registration papers are unavailable, there must be the certification by commune-level People's Committees that the ships, boats or other craft used for lodging belong to their ownership or certification of the sale and purchase, donation, exchange, inheritance of the ships, boats or other craft as well as their original wharves.

- Papers proving the lease, lending or letting for free-of-charge stay of lawful domiciles are documents for lease, lend or let for free-of-charge stay dwelling houses or other buildings of agencies, organizations or individuals (documents for lease, lend or let for free-of-charge stay dwelling houses or other buildings of individuals must be notarized or certified by the Commune People's Committee). For houses and other houses in central-affiliated cities, there must be a certification of the commune-level People's Committee of the conditions for the average area to be guaranteed according to the regulations of the People's Councils of central-affiliated cities and the written consent of the lessor, loaner or tenant.

- Papers of agencies, organizations, religious establishments on citizens domiciles which fall under the following cases:

+ War invalids, diseased army men, persons entitled to the State's preferential treatment policies, weak and lonely elders, disabled persons and others are nurtured and cared for in centers by agencies or organizations;

+ Religious dignitaries, religion practitioners or other full-time religious activists as defined by the law on religion and belief who live at religious establishments.

- Papers of agencies or organizations signed and sealed by their heads, proving the allocation and use of dwelling houses, the transfer of dwelling houses, the possession of dwelling houses built on land assigned by agencies or organizations for construction of dwelling houses (for dwelling houses and land under the management of those agencies or organizations).

Note:

- In case the papers and documents proving the lawful residence are documents for renting, lending or letting people stay in other houses or houses, such documents do not need to be notarized or authenticated by the commune-level People's Committees.

- The citizen's written commitment to having a place to live under his/her right of use and not to have a dispute over the use right if one of the above documents is not available.

- If the lawful domicile is leased, borrowed or permitted for stay from a person, upon temporary residence registration, this person’s consent to temporary residence registration must be written on the notice of change in household registration or membership, with his/her signature and full name. In case this person has made a written consent to temporary residence registration, his/her  consent is not required in the notice.

3. Identity cards or papers certified by police offices of communes, wards or townships in which such persons register their permanent residence shall be produced.

Step 2: Submitting application

Temporary residence registrants shall submit temporary residence registration dossiers to commune/ward/township police offices.

Step 3: Handling application

Officials shall receive and handle application:

- In case the application is complete and valid, give a receipt with an appointment date to return the results to the applicant.

- If the application is incomplete, the applicant is required to complete the application.

- In case the dossier is not eligible, it will not be received and will be replied in writing to the citizen, clearly stating the reason.

Step 4: Returning result

Within 03 working days from the day on which the complete application is received, the head of the police station of the commune, ward or township must issue a temporary residence book according to the form prescribed by the Ministry of Public Security.

Note: 

- Temporary residence books which are issued to households or individuals who have registered for temporary residence, are valid for determining the temporary residence of citizens and have a maximum term of 24 months.

- Within 30 days before the expiration of the temporary residence period, the citizen shall go to the police office where the temporary residence book is issued to carry out procedures for extension.

Le Vy

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