Recently, the National Assembly of Vietnam has adopted the Residence Law 2020 and agreed upon the proposed provisions within this law. Notably, the National Assembly of Vietnam decided to continue using the household registration books until the end of 2022.
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Vietnam: Household registration books will be used until the end of 2022 (Illustration)
1. Continue using the household registration books until the end of 2022 in Vietnam
Clause 3 of Article 38 of the Draft Residence Law has proposed two options as follows:
Option 1:
- From the effective date of this Law, issued household registration books and temporary residence books continue to be used and remain valid as documents confirming residence as prescribed by this Law until December 31, 2022;
- In cases where the information in the household registration book or temporary residence book differs from the information in the Residence Database, the information in the Residence Database shall be used;
- When citizens execute procedures for residency registration or declaration leading to changes in information in the household registration book or temporary residence book, the residency registration agency is responsible for revoking the issued household registration book or temporary residence book, updating the information in the Residence Database as prescribed by this Law, and not re-issuing or issuing new household registration books or temporary residence books.
Option 2:
- Legal documents that have been issued using information from the household registration book or temporary residence book remain legally valid;
- Household registration books and temporary residence books shall have no validity in new legal transactions or relations established from the date this Law takes effect.
The National Assembly has agreed on Option 1, allowing citizens to continue using the issued household registration books and temporary residence books until December 31, 2022. This new provision aligns to simplify administrative procedures, saving time and reducing inconvenience for citizens, and lessening the burden on management and residency registration agencies, especially during the initial implementation phase of the new law. Importantly, maintaining the use of household registration books until 2022 does not affect the enforcement of the Residence Law or the implementation prescribed by this law.
Additionally, when the National Database on Population and National Residence Database are completed and put into operation, agencies and organizations will effectively implement the connection and interoperability, ensuring that only the personal identification number is needed to determine personal information and residency information. In such cases, the household registration book and temporary residence book will automatically cease to be effective, possibly even before December 31, 2022.
2. Maintain the maximum temporary residence registration period of 2 years
Article 27 of the Draft Residence Law specifies the conditions for temporary residence registration with two options as follows:
Option 1: The maximum temporary residence period is 2 years and can be extended multiple times.
Option 2: This clause is omitted.
The National Assembly of Vietnam has also decided to adopt Option 1, continuing to stipulate the maximum temporary residence period of 2 years which can be extended multiple times as currently practiced. This provision suits the temporary nature of this residency form. If citizens live long-term at their temporary residence and meet the conditions, they should prioritize registering for permanent residence to better ensure their legal rights and benefits.
Maintaining this provision is practical, facilitates residency management, enables accurate population control for relevant authorities, and enhances local security and order.
3. Eligibility for permanent residence registration if the rental house is at least 8m² per person
Clause 3 of Article 20 of the Draft Residence Law outlines the conditions for permanent residence registration at a lawful place of residence that they rent, borrow or stay in as permanent residence with two options as follows:
Option 1: Meeting the minimum housing area as regulated by the Provincial People's Council but not less than 8m² per person.
Option 2: Having registered for temporary residence within the same province or municipality for more than one year.
The National Assembly of Vietnam has agreed on Option 1 which is meeting the minimum housing area as regulated by the Provincial People's Council but not less than 8m² per person.
Thus, from July 1, 2021, the Residence Law 2020 will take effect, allowing citizens to continue using the household registration book until December 31, 2022. For citizens registering for temporary residence, the maximum temporary residence period remains 2 years and can be extended multiple times.
Le Vy
