New: People quarantined due to Covid-19 are temporary ineligible to change their places of residence in Vietnam

Below is a notable regulation specified in Circular 55/2021/TT-BCA on a number of articles and measures to implement Vietnam Law on Residence.

New: People quarantined due to Covid-19 are temporary ineligible to change their places of residence in Vietnam (Illustration)

This Circular stipulates the cases temporary ineligible to change their places of residence in Vietnam as follows:

- Persons entioned below shall be temporarily ineligible to change their places of residence while their right to freedom of residence is restricted, unless the competent authority gives the permission for such change in writing or case of a persons who have finished serving penalty of being ban residence:

  • Persons who are isolated due to the risk of spreading disease to the community.
  • Persons who are banned from leaving the place of residence by competent procedure-conducting agencies or , or are held in custody or temporary detention.
  • Persons sentenced to prison but have not yet been issued a judgment execution decision or have had a judgment execution decision but are on bail or have had their sentence suspended or suspended.
  • Persons sentenced to prison is entitled to a suspended sentence while on probation.
  • Persons on prison sentences, exclusion orders, probation, or non-custodial reform.
  • Persons who was released from prison before the conditional term is on probation.
  • Persons are currently serving the measure of education in communes, wards, or townships; the measure of sending to compulsory education establishments; sending to compulsory detoxification establishments; or sending to reformatories.
  • Persons subject to the measure of being sent to a compulsory education institution, sent to a compulsory detoxification establishment, or sent to a reformatory but having their execution postponed or suspended.
  • Persons under management during the time of carrying out procedures for considering and deciding to apply the measure of sending to a compulsory education institution, to a compulsory detoxification establishment, or to a reformatory.

- Persons living at locations or in areas currently placed under quarantine for epidemic prevention and control or due to declaration of state of emergency by the competent authority or person shall be temporarily ineligible to change their places of residence from the start to the end of such quarantine measure.

- Persons currently imposed a residence ban shall be temporarily ineligible to register locations where they are banned from residing as their places of residence until the ban is fully served or they obtain a written permission from the authority imposing the ban.

Thus, a person quarantined due to the COVID-19 epidemic during the period of restricted freedom of residence will not be able to temporarily handle the procedure for change of residence unless there is written consent for the change of residence by the competent authority.

Currently, Article 4 of Circular 35/2014/TT-BCA (which expires on July 1, 2021) stipulates cases subject to suspension from change of place of residence

1. The following whose right to freedom of residence is restricted are subject to suspension from change of place of residence (unless the agencies imposing such restriction permit in writing the change of place of residence):

a/ currently banned from traveling outside their places of residence by a procedure-conducting agency;

b/ sentenced to imprisonment but not yet received judgment enforcement decisions, subject to suspended sentence, or eligible for postponement or suspension of the serving of imprisonment penalty; on probation;

c/ subject to confinement to a reformatory, compulsory education institution or detoxification establishment but eligible for postponement or suspension of the serving of such penalty.

2. currently subject to residence ban are ineligible for registration of permanent residence or temporary residence in localities in which these are banned from residence by courts.

Bao Ngoc

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