09 Cases of annulment of permanent residence registration in Vietnam 2023

09 Cases of annulment of permanent residence registration in Vietnam 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is place of permanent residence?

According to Clause 8, Article 2 of the Residence Law 2020, place of permanent residence (hereinafter referred to as “permanent residence”) refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;

2. Cases of annulment of permanent residence registration in Vietnam 2023

Specifically, Clause 1, Article 24 of the Residence Law 2020, permanent residence registration of a person will be annulled in any of the following cases:

(1) The person is deceased or declared missing or deceased by the Court;

(2) The person resides overseas permanently;

(3) The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of the Residence Law 2020;

(4) The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;

(5) 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;

(6) The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in (8);

(7) The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence and excluding the cases provided for in (8);

(8) The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it;

Or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;

(9) 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 permanent residence.

3. Rights and obligations concerning residence of citizens in Vietnam

3.1. Rights concerning residence of citizens in Vietnam

Rights of residence of citizens include:

- Choose and decide their places of residence and register residence in accordance with the Residence Law 2020 and other relevant provisions of law.

- Have personal information and information on their households in the residence database protected, excluding the cases where provision of such information is required as per the law.

- Use information on their residence in the national population database, and have residence information verified by registration authorities across the country regardless of their places of residence when requesting.

- Have information on their residence in the residence database updated by registration authorities upon change or when requesting.

- Be provided with information and documents related to the exercise of their right to freedom of residence when requesting.

- Have their right to freedom of residence protected by competent authorities.

- Make a denunciation of and file a complaint or lawsuit against violations against regulations on residence as prescribed by law.

(Article 8 of the Residence Law 2020)

3.2. Obligations concerning residence of citizens

According to Article 9 of the Residence Law 2020, the obligations concerning residence of citizens include:

- Register their residence in accordance with this Law and other relevant provisions of law.

- Provide sufficient and accurate information and documents on their residence for the competent authority and individual in a timely manner and take responsibility for the information and documents provided.

- Pay residence registration charges as prescribed by laws on fees and charges.

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