Vietnam: Additional cases of suspending the settlement of residence change

Below is a notable new content specified in the Draft Circular elaborating a number of articles of the Law on Residence and the Decree detailing a number of articles of Law on Residence in Vietnam.

Vietnam: Additional cases of suspending the settlement of residence change(Illustration)

Article 7 of the Draft Circular stipulates that during the period of restriction on freedom of residence, the settlement of procedure for changing the place shall be suspended, unless there is consent for the change of residence in writing by the Court or another competent agency:

  1. Persons barred from leaving their place of residence by competent procedure-conducting agencies or individuals, or who are detained or temporarily detained;
  2. Persons who have been sentenced to prison but have not yet received a judgment execution decision, or who have received a judgment enforcement decision but are on bail or have had their sentence suspended or suspended;

  3. Persons sentenced to imprisonment are entitled to a suspended sentence while on probation;

  4. Persons serving prison sentences, exclusion orders, probation, or non-custodial reform;

  5. Persons who are released from prison ahead of time with conditions are on probation.

  6. Persons currently serving the measure of education in communes, wards or townships, the measure of sending to compulsory education establishments, sending to compulsory detoxification establishments, sending to reformatories;
  7. Persons sentenced to a compulsory education institution, a compulsory detoxification establishment, or a reformatory but whose execution has been postponed or temporarily suspended;

  8. Persons under management during the time of carrying out procedures for consideration and decision to apply the measure of administrative handling are sent to compulsory education institutions, to compulsory detoxification establishments, or to reformatory;

  9. Persons who have been isolated due to the risk of disease spreading in the community;

  10. Other cases, as prescribed by law.

In addition, the Draft Circular also stipulates that in places and areas that are being isolated for reasons of disease prevention and control and are in a state of emergency during the application of physical isolation measures, 
temporary residence registration procedures shall not be resolved for the time being.

Currently, according to the provisions of Vietnam's Circular 35/2014/TT-BCA, only the following 3 cases have not been temporarily resolved. The procedures for changing the place of residence, including

- Persons who are banned from leaving their place of residence by the procedure-conducting agency;

- Persons sentenced to prison but have not yet received a judgment execution decision, are entitled to a suspended sentence, or have the execution of the prison sentence suspended or suspended; individuals on probation;

- Persons subject to the measure of being sent to reformatories, compulsory education institutions, or compulsory detoxification establishments but whose execution is postponed or suspended.


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