“stay” means a citizen’s state of living at a location save their permanent or temporary residence for less than 30 days. Stay notification is made according to Law resident 2020 and Circular 55/2021/TT-BCA, effective from July 1, 2021 in Vietnam.
Instructions for stay notification from July 1, 2021 in Vietnam (Illustration)
Specifically, Article 30 of the Law on Residence and Article 15 of Circular 55 provide as follows:
- When someone comes to stay with a household or at a healthcare establishment, tourist accommodation establishment or other types of lodging, a member of the household or the representative of the establishment shall notify the person’s stay with the registration authority;
- In case a person comes to stay in the place of residence of an absent individual or household but the individual or household member is not present at that place, the person shall notify their stay with the registration authority.
- Household members, representatives of medical treatment establishments, and tourist accommodation establishments and other establishments with the function of accommodation are responsible for requesting the resident to present one of the legal papers showing information about the personal identification number as prescribed by law.
Clause 3, Article 30 of the Law on Residence stipulates that the notice of stay includes:
- Full name, personal identification number or ID card number, passport number of the resident;
- Reason for stay;
- Length of stay;
- Address of residence
The notice of stay with the residence registration agency shall be made in one of the following forms:
(1) directly at the residence registration office or at the place specified by the residence registration office to receive the notice of stay.
(2) through the phone number or email box announced or posted by the residence registration agency.
(3) through the website of the residence registration agency or through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security, the Residency Management Public Service Portal.
(4) through the application on electronic devices.
According to this regulation, the residence registration agency is responsible for announcing or publicly posting the location, phone number, email address, and website address of the residence registration agency, national public service portal, Ministry of Public Security of Vietnam's public service portal, residence management public service portal, and application name on electronic devices to receive residence notices.
According to Clause 4, Article 30 of the Law on Residence:
- The notice of stay must be made before 23 hours of the commencement of the stay.
- In case people come to stay after 23 o'clock, the notice of stay shall be made before 8 o'clock the next day.
- In the event that a grandfather, grandmother, father, mother, wife, husband, children, grandchildren, brothers, sisters, and younger siblings come to stay more than once, only one stay notice is required.
In particular, it should be noted that the length of stay depends on the needs of the citizens but must not exceed 30 days.
According to Point b, Clause 1, Article 8 of Decree 167/2013/ND-CP stipulates as follows:
A fine of between VND 100,000 and 300,000 shall be imposed on individuals or house holders who do not follow the regulations on announcement of temporary stay or declaration of temporary absence;
Bao Ngoc
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