What are the cases of temporary residence registration in Vietnam? Is there a penalty for not registering temporary residence in Vietnam?

What are the cases of temporary residence registration in Vietnam? Is there a penalty for not registering temporary residence in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. What are the cases of temporary residence registration in Vietnam?

According to Article 27 of the Residence Law 2020, the conditions for temporary residence registration are stipulated as follows:

- A citizen who comes to live in a lawful place of residence located outside of the commune-level administrative unit where they register their permanent residence for work or study or another purpose for 30 days or more must register temporary residence.

- The maximum time limit for temporary residence is 02 years, which may be extended multiple times.

- Citizens may not register the places mentioned in Article 23 of the Residence Law 2020 as their new temporary residences.

Thus, according to the above regulations, citizens who come to live in a legal residence outside the commune-level administrative unit where they have registered permanent residence for 30 days or more must register for temporary residence.

2. Is there a penalty for not registering temporary residence in Vietnam?

Pursuant to Clause 1, Article 9, Decree 144/2021/ND-CP, a fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for any of the following violations:

- Failure to comply with regulations on registration of permanent residence and temporary residence, cancellation of permanent residence and temporary residence, household division or revision of residence in of in Residence Database;

- Failure to comply with regulations on notification of residence and temporary absence;

- Failure to present the family register, temporary residence register, residence certification, other residence documents at the request of a competent authority.

Thus, citizens who do not register temporary residence when coming to live in a legal residence outside the commune-level administrative unit where they have registered permanent residence for 30 days or more may be fined from 500.000 VND to 1.000.000 VND.

3. What are the procedures for temporary residence registration in Vietnam?

- Application for temporary residence registration includes:

+ Declaration of change to residence information; if the applicant is a minor, the declaration must include the permission from either of their parents or guardian, unless a written permission has been obtained;

+ Written proof of ownership of lawful place of residence.

- The applicant shall submit their application to the registration authority of the locality where they plan to reside temporarily.

Upon receipt of the application, the registration authority shall check it and issue an acknowledgement of application receipt to the applicant; and instruct the applicant on how to complete their application if it is incomplete.

Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the new temporary residence and temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

- At least 15 days before the end of the registered temporary residence period, the citizen must apply for temporary residence extension.

Application and procedure for temporary residence extension shall adhere to regulations above. After appraising the application, the registration authority shall update information on the new temporary residence period of the applicant to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

(Article 28 of Residence Law 2020)

Nguyen Ngoc Que Anh

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