Recently, the Residence Law 2020 has been officially approved by the National Assembly XIV at its 10th session and will take effect from July 01, 2021
This Law has specified the composition of documents as well as the order and procedures for permanent residence registration applied from July 01, 2021 as follows:
* Application for permanent residence
According to Article 21 of the Residence Law 2020 of Vietnam (effective from July 01, 2021), the composition of the application for permanent residence registration for each specific case is as follows:
Case 1: For citizen who has a lawful place of residence under their ownership:
- Declaration of change to residence information;
- Written proof of ownership of lawful place of residence.
Case 2: For citizen who has 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 cases specified in Article 20 of the Residence Law 2020 of Vietnam:
- Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained;
- Written proof of the consanguinity between the applicant and the household head and/or a household member, unless such information is already available in the national population database or the residence database;
- Written proof of satisfaction of other conditions according to Points b and c Clause 2 Article 20 of the Residence Law 2020 of Vietnam.
Case 3: For citizen who registers a lawful place of residence that they rent, borrow or stay in as their permanent residence:
- Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of the lawful place of residence that the applicant rents, borrows or stays in or authorized person, unless a written permission has been obtained;
- Agreement or document on renting, borrowing or staying in the lawful place of residence notarized or certified as prescribed by law;
- Written proof of sufficient floor area for permanent residence registration per the law.
Case 4: For citizen who is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment; represents the folk religious establishment; the representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly:
- Declaration of change to residence information; for the persons mentioned in Point c Clause 4 Article 20 of the Residence Law 2020 of Vietnam, this declaration must include the permission for permanent residence registration from the representative or management board of the folk religious establishment, unless a written permission has been obtained;
- Written proof that the applicant is a monastic, dignitary or sub-dignitary or is involved in religious activities and is working in the religious establishment in compliance with regulations of laws on folk religions and religions if the applicant is among the persons who are involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment; or written proof that the applicant is the representative of the folk religious establishment if they are among the persons representing the folk religious establishment;
- Written confirmation from the commune-level People’s Committee that the folk religious establishment or religious establishment has housing as an auxiliary work;
Case 5: The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence:
- Declaration of change to residence information, including permission for permanent residence registration from the representative or management board of the folk religious establishment, or the head or representative of the religious establishment, unless a written permission has been obtained;
- Written confirmation from the commune-level People's Committee that the applicant is among the persons mentioned in Clause 2 Article 17 of the Residence Law 2020 of Vietnam and that the folk religious establishment or religious establishment has housing as an auxiliary work.
Case 6: For persons receiving care or support may register their social support facility:
- Declaration of change to residence information; if the applicant receives care from an individual or household, the declaration must include the permission for permanent residence registration from the head of the caregiving household and owner of the lawful place of residence of the caregiver or caregiving household or authorized person, unless a written permission has been obtained;
- Application by the head of the social support facility if the applicant receives care and support from a social support facility;
- Written confirmation of the care and support given.
Case 7: For persons living or working on a vehicle on an itinerant basis:\
- Declaration of change to residence information; if the applicant is not the vehicle owner, the declaration must include the permission for permanent residence registration from the vehicle owner or authorized person, unless a written permission has been obtained;
- Vehicle registration certificate and inspection certificate for compliance with technical safety and environmental protection requirements of the vehicle or written confirmation from the commune-level People’s Committee that that vehicle is used for living purpose if the vehicle does not require registration;
- Written confirmation from the commune-level People's Committee of the location in the commune where the vehicle has registered to dock or park frequently if the vehicle does not require registration or the vehicle registration place is not where it frequently docks or parks.
Note:
- In case the applicants are minors, the declaration of change to residence information must include the permission from either of their parents or guardian, unless a written permission has been obtained.
- In case the applicants are overseas Vietnameses who are holding Vietnamese citizenship, their applications must include an unexpired Vietnamese passport; otherwise, their applications must include another written proof of their Vietnamese citizenship and written permission for permanent residence registration from the immigration authority affiliated to the Ministry of Public Security of Vietnam.
* Procedure for permanent residence registration
According to Article 22 of the Residence Law 2020 of Vietnam, procedure for permanent residence registration are specified as follows:
- The applicant shall submit their application to the registration authority of the locality where they reside.
- Upon receipt of an application, the registration authority shall check and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.
- 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 and notify the applicant of such update; and provide a written explanation for the applicant if the application is rejected.
Note: A person who has registered their permanent residence but is moving to another lawful place of residence and is eligible for permanent residence registration shall register their new place of residence as their permanent residence according to regulations of this Law within 12 months starting from the date upon which they become eligible.
>>> View more: Conditions for applying for a new permanent residence under the Residence Law 2020 of Vietnam
Le Vy