New points to know about declaration of temporary absence from July 1, 2021 in Vietnam

New points to know about declaration of temporary absence from July 1, 2021 in Vietnam (Artwork)

Additional subjects must declare their temporarily absent in Vietnam

In Article 31 of Vietnam's Law on Residence 2020, there are 04 cases where citizens must declare temporary absence, including:

(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 (Newly added).

(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 (Newly added)

(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 (currently only stipulates people of military service age, reserve and mobilization).

(4) The citizen is not among the cases mentioned in Points a, b and c herein 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 (Newly added).

Citizens can report temporary absence in 4 ways in Vietnam

Currently, people who declare temporary absence must go to the police office of the commune, ward or town where they reside in Vietnam to carry out procedures for declaring temporary absence.

However, according to Article 16 of Circular 55/2021/TT-BCA, the declaration of temporary absence is as follows:

- For citizens in cases (1) and (2), before leaving the place of residence, they must declare their temporary absence at the residence registration office where they reside. When coming to declare a temporary absence, they must submit an application for a declaration of temporary absence and the written consent of the agency competent to supervise, manage, and educate that person.

- Temporary absence declaration for the cases (3) and (4) may be made in any of the following ways:

+ Directly at offices of registration authorities or temporary absence declaration receipt locations designated by registration authorities;

+ Via phone numbers or emails posted by registration authorities;

+ Via websites of registration authorities or the national public service portal, public service portal of the Ministry of Public Security or public service portal for residence management;

+ Via applications for electronic devices.

According to this regulation, the residence registration agency is responsible for announcing or publicly posting the location, phone number, email address, website address of the residence registration agency, National public service portal, Ministry of Public Security's public service portal, Residence management public service portal, application name on electronic devices to receive temporary absence declarations.

Thus, starting from July 1, 2021, people in cases (3), (4) can report their temporary absence directly at the residence registration office where they reside or declare by phone, electronic means or other means prescribed by the Minister of Public Security (Currently, citizens making temporary absence declaration must go directly to the police headquarters of communes, wards or townships to declare their temporary absence). In case the person specified in item (4) is a minor, the person making the declaration is the father, mother or guardian.

In particular, it should be noted that citizens who are absent from their permanent residence for 12 months or more without declaring their temporary absence or not registering their temporary residence at another place of residence will have their permanent residence registration removed, except for cases of going abroad but not for permanent residence, cases of serving a prison sentence, serving the measure of sending to a compulsory education institution, sending to a compulsory rehab establishment, or reformatories.

Bao Ngoc

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