Cases where citizens may register a folk religious establishment or religious establishment as their permanent residence in Vietnam

Cases where citizens may register a folk religious establishment or religious establishment as their permanent residence in Vietnam (Internet image)

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

1. Cases where citizens may register a folk religious establishment or religious establishment as their permanent residence in Vietnam

According to Clause 4, Article 20 of the Residence Law 2020, a citizen may register a folk religious establishment or religious establishment with housing as an auxiliary work as their permanent residence in any of the following cases:

- The citizen is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment;

- The citizen represents the folk religious establishment;

- The representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly;

- The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence.

2. Application for registration of folk religious establishment or religious establishment as permanent residence in Vietnam

Pursuant to Clauses 4 and 5, Article 21 of the Residence Law 2020, the application for registration of folk religious establishment or religious establishment as permanent residence is as follows:

- Application for permanent residence registration for those mentioned in Points a, b and c Clause 4 Article 20 of the Residence Law 2020 includes:

+ Declaration of change to residence information; for the persons mentioned in Point c Clause 4 Article 20 of the Residence Law 2020, this declaration must include the permission for permanent residence registration from the representative or management board of the folk religious establishment, unless a written permission has been obtained;

+ Written proof that the applicant is a monastic, dignitary or sub-dignitary or is involved in religious activities and is working in the religious establishment in compliance with regulations of laws on folk religions and religions if the applicant is among the persons mentioned in Point a Clause 4 Article 20 of the Residence Law 2020;

Or written proof that the applicant is the representative of the folk religious establishment if they are among the persons mentioned in Point b Clause 4 Article 20 of the Residence Law 2020;

+ Written confirmation from the commune-level People’s Committee that the folk religious establishment or religious establishment has housing as an auxiliary work;

- Application for permanent residence registration for those mentioned in Point d Clause 4 Article 20 of the Residence Law 2020 includes:

+ Declaration of change to residence information, including permission for permanent residence registration from the representative or management board of the folk religious establishment, or the head or representative of the religious establishment, unless a written permission has been obtained;

+ Written confirmation from the commune-level People's Committee that the applicant is among the persons mentioned in Clause 2 Article 17 of the Residence Law 2020 and that the folk religious establishment or religious establishment has housing as an auxiliary work.

3. Procedure for registration of folk religious establishment or religious establishment as permanent residence in Vietnam

Procedures for registration of folk religious establishment or religious establishment as permanent residence are specified in Article 22 of the Residence Law 2020 as follows:

- The applicant shall submit their application to the registration authority of the locality where they reside.

- Upon receipt of an application, the registration authority shall check 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 07 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 permanent residence 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.

- A person who has registered their permanent residence but is moving to another lawful place of residence and is eligible for permanent residence registration shall register their new place of residence as their permanent residence according to regulations of this Law within 12 months starting from the date upon which they become eligible.

Ho Quoc Tuan

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