Latest regulations on cases temporarily ineligible for change of place of residence in Vietnam

Latest regulations on cases temporarily ineligible for change of place of residence in Vietnam (Internet image)

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

1. Latest regulations on cases temporarily ineligible for change of place of residence in Vietnam

Cases temporarily ineligible for change of place of residence according to Article 5 of Circular 55/2021/TT-BCA are as follows:

(1) Persons specified at Points a, b and c, Clause 2, Article 4 of the Law on Residence, during the period of restricted freedom of residence, shall not be temporarily processed for change of residence, except for the following cases: have the consent for the change of residence in writing of the competent authority and the case specified in (3) of this section.

(2) Persons living in places or areas announced by competent agencies or persons are isolated for reasons of disease prevention and control, declaring a state of emergency during the application of these measures. If the person is isolated from the beginning to the end, the procedure for changing the place of residence has not been temporarily resolved.

(3) The person who is being subject to the penalty of prohibition from residence shall temporarily not be able to handle the procedures for registration of residence in the places where he or she is subject to the penalty of prohibition from residence until he/she completes his/her service or has written permission from the competent authority that has imposed the ban on residence.

2. Regulations on the exercise of right to freedom of residence of citizens in Vietnam

Regulations on exercise of right to freedom of residence of citizens under Article 4 of the Residence Law 2020 are as follows:

- Citizens shall exercise their right to freedom of residence in accordance with the Residence Law 2020 and other relevant provisions of law.

- Exercise of the right to freedom of residence of citizens will be restricted for the following cases:

= Persons banned from leaving their place of residence or temporarily detained by presiding officers or presiding authorities; convicts yet to receive the sentence enforcement decision or having received the sentence enforcement decision but out on bail or granted suspension of sentence enforcement;

Convicts undergoing probation; persons serving a custodial sentence, imposed a residence ban, under mandatory supervision or serving a community sentence; and persons on parole;

= Persons currently subject to compulsory education in their communes or serving a sentence in a correctional institution or rehabilitation center; persons to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; and persons under supervision during consideration of admission to a correctional institution or rehabilitation center;

= Persons placed under medical quarantine as they pose the risk of spreading an infectious disease to the community;

= Locations and areas placed under medical quarantine for prevention and control of an infectious disease as per the decision of the competent authority or person; localities declaring state of emergency as per the law; locations forbidden from new permanent residence registration, new temporary residence registration and household division according to regulations of the Residence Law 2020;

= Other cases per the law.

- Exercise of the right to freedom of residence of citizens shall be restricted only as prescribed by law. Content and duration of such restriction shall conform to effective judgments and decisions of the Court, decisions of other competent authorities or relevant regulations of law.

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