On November 13, 2020, the National Assembly of Vietnam issued the Residence Law 2020, which has many new regulations on residence, such as changes in procedures for temporary residence registration.
Article table of contents
According to Clause 1 Article 9 of the Residence Law 2020 of Vietnam, citizens have the obligation to register their residence. Besides, according to Clause 5 Article 2 of this Law: “residence registration” refers to permanent residence registration, temporary residence registration, temporary absence declaration, stay notification and information declaration, and revision of information on residence.
Procedures for temporary residence registration in Vietnam from July 01, 2020 are prescribed as follows:
1. Conditions for temporary residence registration
- A citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence.
- The maximum time limit for temporary residence is 02 years, which may be extended multiple times.
- Citizens may not register the following places as their new temporary residences: (new provision)
+ Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.
+ Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.
+ Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.
+ Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.
+ Places of residence being houses issued with a demolition decision by the competent authority.
2. Applications and procedures for temporary residence registration and temporary residence extension
Application for temporary residence registration includes:
- Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;
- Written proof of ownership of lawful place of residence.
Order and time limit for settlement:
- The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.
- Upon receipt of the application, the registration authority shall check it 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 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 and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected. (According to the amended Residence Law 2013 of Vietnam, the Chief of the Police Department of the commune or town shall issue the temporary residence book within 03 working days from the date of receipt of complete application)
Temporary residence extension
- At least 15 days before the end of the registered temporary residence period, the citizen must apply for temporary residence extension. (According to Circular No. 35/2014/TT-BCA of the Ministry of Public Security of Vietnam, within 30 days before the temporary residence duration expires, an individual, agency or organization shall carry out procedures for temporary residence extension at the police office that have registered the temporary residence)
- Application and procedure for temporary residence extension shall adhere to regulations as for temporary residence registration. After appraising the application, the registration authority shall update information on the new temporary residence period 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.
3. Annulment of temporary residence registration
Temporary residence registration of a person will be annulled in any of the following cases:
- The person is deceased or declared missing or deceased by the Court;
- The person is issued with a decision on annulment of temporary residence registration according to regulations in Article 35 of this Law;
- The person is absent from their temporary residence for 06 consecutive months or more without registering another place of residence as their temporary residence;
- The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;
- Their temporary residence has been registered as their permanent residence;
- The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;
- The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;
- The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their temporary residence. (There are only 5 cases of annulment of temporary residence registration according to the Circular No. 35/2014/TT-BCA)
Thus, from July 01, 2021, there are some notably new points in temporary residence registration in Vietnam as follows:
- Citizens are not permitted to register some specific places as their new temporary residences;
- Citizens are no longer issued with the temporary residence book, instead, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update;
- The time limit for temporary residence extension is reduced from 30 days to 15 days for applications and procedures for temporary residence extension;
- As the new temporary residence registration, the temporary residence book will not be re-issued, but only updated information in the residence database;
- Supplementing cases of annulment of temporary residence registration.
The Residence Law 2020 of Vietnam, effective from July 01, 2021.
Le Hai
- Key word:
- Residence Law 2020
