What are the cases of temporary absence declaration in Vietnam?

What are the cases of temporary absence declaration in Vietnam? (Internet image)

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

1. What are the cases of temporary absence declaration in Vietnam?

Every citizen shall declare their temporary absence in the following cases:

(i) 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;

(ii) 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;

(iii) 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;

(iv) 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.

Note:

- Before leaving their places of residence, the persons mentioned in (i), (ii) must declare their temporary absence with the registration authority of the locality where they reside. The application for temporary absence declaration includes an application for temporary absence declaration and written permission of the authority supervising, managing or educating the applicant.

- Persons specified in (iii), (iv) may declare their temporary absence in person at the premises of the registration authority of the locality where they reside or by the phone or electronic means or other means as stipulated by the Minister of Public Security. If a person provided for by (iv) is a minor, either of their parents or their guardian shall make the declaration.

(Article 31 of the Residence Law 2020)

2. What are the forms of temporary absence declaration in Vietnam?

Temporary absence declaration in Vietnam for the cases mentioned in Point c and Point d Clause 1 Article 31 of the Residence Law 2020 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.

Registration authorities shall notify or publish their addresses, phone numbers, emails and websites, addresses of the national public service portal, public service portal of the Ministry of Public Security and public service portal for residence management and names of electronic applications receiving temporary absence declarations.

(Article 16 of Circular 55/2021/TT-BCA)

Nguyen Ngoc Que Anh

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