Revocation of Permanent Residence Registration If Absent for 12 Months Without Reporting Temporary Absence

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According to this Draft, permanent residence registration is the process by which citizens register their permanent residence with the competent state authority and this authority processes the permanent residence registration and updates information about the permanent residence into the national resident database and the residence database. In cases where citizens are absent from their registered permanent residence for more than 12 consecutive months without reporting temporary absence to the registration and residence management authority, their permanent residence registration will be cancelled.

To be specific, Point d Clause 1 Article 25 of the Draft Residence Law stipulates:

Article 25. Cancellation of permanent residence registration

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d) Absence from the registered permanent residence for more than 12 consecutive months without reporting temporary absence to the registration and residence management authority of the permanent residence;

Thus, if this proposal in the Draft is approved, in the coming time, any citizen who is absent from their registered permanent residence for more than 12 consecutive months without reporting temporary absence will have their permanent residence registration cancelled. Furthermore, the cancellation of permanent residence registration may be executed on the national resident database system, instead of being removed from paper household registration books.

In addition to this new proposal, the Draft Residence Law also adds several more cases for cancelling permanent residence registration compared to the regulations in the 2006 Residence Law. From the date this Draft is approved and takes effect, aside from the aforementioned case, citizens will also have their permanent residence registration cancelled in the following cases:

- Deceased, declared missing by the Court, or declared deceased;

- Settled abroad according to the declaration of the citizen or the citizen has been abroad for more than 12 consecutive months without reporting temporary absence to the registration and residence management authority of the permanent residence;

- There has been a decision to cancel permanent residence registration as stipulated in Article 35 of this Draft;

- Granted withdrawal of Vietnamese nationality by the competent authority; stripped of or had the decision to grant Vietnamese nationality annulled;

- Registered permanent residence at a new place of residence.

- Person sentenced to imprisonment for 12 months or more, life imprisonment, or death;

- Person registered permanent residence at a place of residence rented, borrowed, or stayed as a guest but the rental period has expired, no longer borrowed, or stayed as a guest;

- Option 1: The person who has sold the house, boat, ship, or other means of residence used for permanent residence registration will have their permanent residence registration cancelled 12 months from the date of sale. Option 2: No regulation.

Besides, this Draft emphasizes that persons whose permanent residence registration is cancelled under points b, d, e, g Clause 1 Article 25 of the Draft will be allowed to re-register their previous permanent residence when they return to live in the locality. If their previous permanent residence is no longer available, they can register their permanent residence at the address of the family members before the cancellation of their permanent residence registration.

See the detailed contents of the Draft HERE.

Thu Ba

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