Residence Law 2020 of Vietnam: Temporary absence declaration procedures

14:10, 22/02/2021

Temporary absence means a citizen’s absence from their place of residence for a definite amount of time. When temporarily absent, citizens must carry out the procedures for declaring temporary absence according to regulations of theResidence Law 2020 of Vietnam (effective from July 01, 2021).

Luật Cư trú 2020, Thủ tục khai báo tạm vắng

1. Cases must do the temporary absence declaration

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

	Entities	Determined time
(1)	The citizen who is: - Out on bail; - 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; - Convicted and undergoing probation; - Under mandatory supervision or serving a community sentence; - On parole.	Leaves the commune-level administrative unit where they are residing for 01 day or more
(2)	The citizen who is: - Currently subject to compulsory education in their commune; - Serving a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; - Under supervision during consideration of admission to a correctional institution or rehabilitation center.	Leaves the commune-level administrative unit where they are residing for 01 day or more
(3)	The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority	Leaves the district-level administrative unit where they are residing for 03 consecutive months or more
(4)	The citizen is not among the cases mentioned above, unless they have registered their new place of residence as their temporary residence or go abroad. (this is a completely new regulation compared to the Residence Law 2006 of Vietnam)	Leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more

2. Procedures of temporary absence declaration

Pursuant to Clause 2 Article 31 of the Residence Law 2020 of Vietnam, procedures of temporary absence declaration are prescribed as following:

Regarding persons in (1) and (2):

- Before leaving their places of residence, he/she must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.

- The registration authority shall provide instructions for information to be declared and check this information.

- Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.

Regarding persons in (3) and (4):

- He/She may 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 as stipulated by the Minister of Public Security of Vietnam.

- Especially for persons in (4), if he/she is a minor, either of their parents or their guardian shall make the declaration.

3. Information of the declaration

Pursuant to Clause 2 Article 31 of the Residence Law 2020 of Vietnam, the information to be declared includes:

- Full name;

- Identity card number or passport number of the declarant;

- Reason for temporary absence;

- Temporary absence duration;

- Address of the declarant’s destination.

Note: Registration authorities shall update temporary absence declaration information of citizens to the residence database and notify the declarants of such update upon request.

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