One more case required to declare temporary absence from July 01, 2021 in Vietnam

According to Clause 5, 7 Article 2 of the Residence Law 2020 of Vietnam: “temporary absence” means a citizen’s absence from their place of residence for a definite amount of time and “residence registration” refers to permanent residence registration, temporary residence registration, temporary absence declaration, stay notification and information declaration, and revision of information on residence.

Thus, citizens who are absent from their place of residence for a certain period of time are required to carry out the procedure for registration of residence, namely the procedure for declaring temporary absence.

According to Clause 1 Article 31 of the Residence Law 2020 of Vietnam, every citizen shall declare their temporary absence in the following cases:

- The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;

- The citizen is currently subject to compulsory education in their commune; or to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; or under supervision during consideration of admission to a correctional institution or rehabilitation center and leaves the commune-level administrative unit where they are residing for 01 day or more;

- The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;

- The citizen is not among the cases mentioned in Points a, b and c herein and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad. (The Residence Law 2006 of Vietnam did not stipulate this case)

Therefore, from July 01, 2021, the citizen who leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more and is not among the above-mentioned cases, unless they have registered their new place of residence as their temporary residence or go abroad must declare their temporary absence in person at the premises of the registration authority of the locality where they reside or by the phone or electronic means or other means. If he/she is a minor, either of their parents or their guardian shall make the declaration.

Le Hai

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