Vietnam: Do persons who stay at someone else's house for one night have to register for temporary residence?

Being late for curfew, visiting relatives... are some of the reasons why many people have to stay at a relative or friend's house for a night. In this situation, is it necessary to register for temporary residence locally?

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1. Regulations on temporary residence registration

According to Clause 1 Article 30 of the Law on Residence 2006 of Vietnam: Temporary residence registration means that citizens register their places of temporary residence with competent state agencies which carry out the temporary residence registration procedures and grant temporary residence books to them.

Accordingly, in addition to the place of permanent residence, citizens also have a place of temporary residence - understood as a temporary place of residence for a certain period of time that has been registered for temporary residence and issued with a temporary residence book.

Persons who are living, working, laboring or studying at a place in a commune, ward or township but are not entitled for permanent residence registration in that locality shall, within thirty days after their arrival, register their temporary residence at the commune/ward/township police offices.

Thus, if a person is not eligible for permanent residence registration but live, work, labor, or study stably in one location for a certain period of time, he/she must register for temporary residence within 30 days from the date he/she moves in.

2. Staying at someone else's house for one night does not require temporary residence registration but must notify stay

According to the above regulations, just staying overnight does not require temporary residence registration but must notify stay.

Specifically, according to Clause 1 Article 31 of the Law on Residence 2006 of Vietnam, stay means a citizen's stay for a given period of time at a place in a commune, ward or township other than his/her place of residence and he/she does not fall into a case of obligatory temporary residence registration.

Families, dormitories, medical treatment establishments, hotels, motels and other establishments where stay persons aged full fourteen years or older shall notify their stay to commune/ward/township police offices. The notification of stay may be made in person or by telephone. Stay notification shall be made before 23.00 hrs; for persons who come to stay after 23:00 hrs, their stay shall be notified in the morning of the following day.

Note: Where grandparents, parents, husbands, wives, children, grandchildren or siblings come to stay time and again, the stay notifications are made only once.

If failing to notify the stay, when inspected by a competent authority, the violating individual or household head may be fined of VND 100,000 - VND 300,000 (Point b Clause 1 Article 8 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government).

Legal basis:

- Law on Residence 2006

- Decree No. 167/2013/NĐ-CP

Ngoc Tai

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