Recently, the National Assembly of Vietnam has approved the Residence Law 2020 and it will take effect from July 01, 2021. Every citizen must know the following 05 new points.
Article table of contents
1. Household registration books will still be used until December 31, 2022 inclusive
According to Article 38 of the Residence Law 2020 of Vietnam, from July 01, 2021, issued household registration books and temporary residence registers may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive. In cases where information in a household registration book or temporary residence register differs from information in the residence database, the latter shall be used.
Concurrently, when a citizen carries out a residence registration procedure that changes information in their household registration book or temporary residence register, the registration authority shall revoke the issued household registration book or temporary residence register, update information in the residence database in compliance with regulations of this Law and not issue a new household registration book or temporary residence register or reissue the old household registration book or temporary residence register to the citizen.
2. Information on residence shall be updated to the national population database and residence database
Specifically, according to Clause 4 Article 3 of the Residence Law 2020 of Vietnam, information on residence shall be updated to the national population database and residence database as prescribed by law; at a point in time, a citizen shall have only one permanent residence and may have one temporary residence.
Concurrently, according to Clause 3 Article 22 and Clause 2 Article 28 of the Residence Law 2020 of Vietnam, procedures for permanent residence registration and temporary residence registration are as follows:
- Upon receipt of an application for permanent residence registration, the registration authority shall check and issue an acknowledgement of application receipt to the applicant. Within 07 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new permanent residence of the applicant to the residence database.
- Upon receipt of the application for temporary residence registration, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant. Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database.
Thus, according to the above provisions, from July 01, 2021, when citizens carry out procedures for permanent residence registration and temporary residence registration, the registration authority shall be responsible for assessing and updating information about the registrant's new permanent or temporary residence in the residence database instead of issuing household registration books and temporary residence registers as before.
3. Shortening the time limit for settlement of procedures for permanent residence registration
According to Clause 3 Article 22 of the Residence Law 2020 of Vietnam, upon receipt of an application for permanent residence registration, the registration authority shall check and issue an acknowledgement of application receipt to the applicant. Within 07 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new permanent residence of the applicant to the residence database.
Previously, according to Clause 3 Article 21 of the Residence Law 2006 of Vietnam, within 15 days after the receipt of complete dossiers, the competent agencies shall grant household registration books to permanent residence registration dossier submitters; in case of refusal to grant, they shall give written replies clearly stating the reasons therefor.
Thus, it can be seen that the time limit for settlement of procedures for permanent residence registration has been shortened compared to previous regulation, concurrently, household registration books are abolished, instead, information on the new permanent residence of the applicant shall be updated to the residence database.
4. From July 2021, it will be easier for people to enter household registration in Ho Chi Minh City and Hanoi
Specifically, according to Article 20 of the Residence Law 2020 of Vietnam (effective from July 01, 2021), general conditions for permanent residence registration are specified as follows:
- Any citizen who has a lawful place of residence under their ownership may register that place as their permanent residence;
- A citizen may register a lawful place of residence that is not under their ownership as their permanent residence with the permission of the household head and owner of such place in the following cases: the citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child; the citizen is an old person coming to live with their biological sibling or grandchild; etc.
- 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 and the household head agrees to let the citizen register the location as their permanent residence with the household; 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.
Thus, from July 01, 2021, conditions for permanent residence registration are no longer distinguished between central-affiliated cities and other provinces as previously stipulated in Residence Law 2006. Accordingly, it will be much easier for people to enter household registration in Ho Chi Minh City and Hanoi.
5. Annulling several procedures related to household registration books
Specifically, according to the Residence Law 2020 of Vietnam, not issue a new household registration book or temporary residence register. To be specific:
- Annulling the procedure for separation of household registration books, instead, the registration authority shall appraise and update information on the households related to the separation to the residence database and notify the applicant of such update;
- Annulling the procedure for adjustment of changes in household registration books, instead, the registration authority shall adjust residence information in the residence database when people change the household head; change information on their civil status, which is recorded in the residence database; change the address of their place of residence recorded in the residence database.
Ty Na
- Key word:
- Residence Law 2020 of Vietnam
