The Law on amendments to the Law on Residence (2006) was approved by the 13th National Assembly of Vietnam at its 5th session on June 20, 2013 (hereafter referred to as Law No. 36/2013/QH13). This Law took effect from January 01, 2014.
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These amendments and supplements are intended to overcome problems and inadequacies in the free migration into the inner cities of large cities which causes infrastructure overload, imbalance in population distribution and social security, order, etc., concurrently, to enhance the effectiveness and efficiency in current state management of population. On the other hand, Law No. 36/2013/QH13 of Vietnam also aims to ensure the legal rights of agencies, organizations and individuals. LawNet would like to introduce some specific content that has been amended and supplemented:
1. Amending and supplementing Article 8 - Prohibited acts:
- Law No. 36/2013/QH13 amends and supplements Clause 8 Article 8 of the Law on Residence 2006: It is strictly prohibited to falsify conditions for permanent residence registration.
- Supplements Clause 10 Article 8: It is strictly prohibited to grant residence registration in the full knowledge that the applicants do not live there.
- Supplements Clause 11 Article 8: It is strictly prohibited to register other people in the household registration book for self-seeking purposes while they are not living there.
2. Amending and supplementing Article 20 - Conditions for registration of permanent residence in central-affiliated cities:
- Law No. 36/2013/QH13 stipulates increasing the temporary residence period to register permanent residence in a district of a central-affiliated city from 01 year to 02 years (twice as much as those of the Law on Residence 2006).
- Expands subjects eligible for permanent residence registration in central-affiliated cities, specifically: Law No. 36/2013/QH13 supplements that "brothers, sisters, biological siblings, aunts, uncles, and uncles" can also register for permanent residence in the City when the person with household registration agrees to be included in their household registration (according to the Law on Residence 2006, single adults can only register for permanent residence in the city when they come to live with their grandparents).
- Moreover, for permanent residence registration in Hanoi city, it must also comply with the provisions of Clause 4 Article 19 of the Law on the Capital 2012 of Vietnam.
3. Amending and supplementing Article 23 - Change the place of permanent residence registration in case of legal relocation:
According to the Law on Residence 2006 of Vietnam, within 24 months from moving to a new legal residence, you must carry out procedures to change your place of permanent residence. Law No. 36/2013/QH13 shortens the above time to 12 months (halving the time compared to previous regulations).
4. Amending and supplementing Article 30 - Temporary residence registration:
According to Law No. 36/2013/QH13, temporary residence books issued to households or individuals who have registered temporary residence are valid for determining the temporary residence of citizens and are valid for a maximum of 24 months. Within 30 days before the expiration date of temporary residence, extension procedures must be carried out (The previous residence law stipulated that "temporary residence books have no expiration date").
4. Amending and supplementing Clause 2 Article 31 - Stay and stay notification:
According to Clause 2 Article 31 of the Law No. 36/2013/QH13: Representatives of households, tenements, medical facilities, hotels, guesthouses, and other facilities are entitled to inform without age limit (according to previous regulations, families, dormitories, medical facilities, hotels, motels, and other establishments must notify the commune, ward, or town police when someone 14 years of age or older comes to stay, etc.); concurrently supplementing the form of notification of stay via the internet or computer network (previously this notification was only done in person or by phone).
Source: Vietnam Banking Union
