Cases where citizens are responsible for declaring their temporary absence in Vietnam

Cases where citizens are responsible for declaring their temporary absence in Vietnam (Internet image) 

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

1. Cases where citizens are responsible for declaring their temporary absence in Vietnam

According to Clause 1, Article 31 of the Residence Law 2020, every citizen shall declare their temporary absence in the following cases:

(1) The citizen is out on bail; or is convicted but has yet to receive the sentence enforcement decision or has received the sentence enforcement decision but is out on bail or granted suspension of sentence enforcement; or is convicted and undergoing probation; or is under mandatory supervision or serving a community sentence; or is on parole and leaves the commune-level administrative unit where they are residing for 01 day or more;

(2) The citizen is currently subject to compulsory education in their commune; or to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; or under supervision during consideration of admission to a correctional institution or rehabilitation center and leaves the commune-level administrative unit where they are residing for 01 day or more;

(3) The citizen is of military conscription age or fulfilling other obligations to the State as decided by the competent authority and leaves the district-level administrative unit where they are residing for 03 consecutive months or more;

(4) The citizen is not among the cases mentioned in Points (1), (2) and (3) this section and leaves the commune-level administrative unit where their permanent residence is located for 12 consecutive months or more, unless they have registered their new place of residence as their temporary residence or go abroad.

2. The place of temporary absence declaration in Vietnam

The place to declare temporary absence according to Clause 2 and Clause 3, Article 31 of the Residence Law 2020 is as follows:

- Before leaving their places of residence, the persons mentioned in Points (1) and (2) of Section 1 must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.

The registration authority shall provide instructions for information to be declared and check this information. Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.

- The persons mentioned in Points (3) and (4) of Section 1 may declare their temporary absence in person at the premises of the registration authority of the locality where they reside or by the phone or electronic means or other means as stipulated by the Minister of Public Security.

If a person provided for by Point (4) of Section 1 is a minor, either of their parents or their guardian shall make the declaration.

3. Content of temporary absence declaration in Vietnam

The information to be declared according to Clause 4, Article 31 of the Residence Law 2020 includes full name and identity card number or passport number of the declarant; reason for temporary absence; temporary absence duration; and address of the declarant’s destination.

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