LAW ON RESIDENCE
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Residence.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law provides for the exercise of the right to freedom of residence of Vietnamese citizens in the territory of the Socialist Republic of Vietnam; residence registration and management; and rights, obligations and responsibilities of citizens, agencies and organizations regarding residence registration and management.
Article 2. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Lawful place of residence means a domicile where a citizen resides and which is under his/her ownership or use rights, and may be a house, ship, boat or another movable vehicle or another domicile in accordance with law.
2. Residence means a citizen’s living at a place in a commune-level administrative unit or a district-level administrative unit where no commune-level administrative unit exists (below collectively referred to as commune-level administrative unit).
3. Residence database means a specialized database with a combination of information on residence of citizens which is digitalized, stored and managed with information infrastructure facilities, and connected and shared with the national population database and other databases in accordance with law.
4. Residence registration offices means residence management offices directly carrying out the registration of residence for citizens, including public security offices of communes, wards or townships; public security divisions of districts, towns, provincial cities or municipal cities of localities where no commune-level administrative units exist.
5. Residence registration means performance of procedures for permanent residence registration, temporary residence registration, temporary absence declaration, stay notification, and residence information declaration and modification.
6. Stay means a citizen’s stay at a place other than his/her place of permanent residence or place of temporary residence for a period of under 30 days.
7. Temporary absence means a citizen’s absence from his/her place of residence for a given period of time.
8. Place of permanent residence means a place where a citizen resides stably and permanently and has registered his/her permanent residence.
9. Place of temporary residence means a place where a citizen resides for a given period of time other than his/her place of permanent residence and has registered his/her temporary residence.
10. Current place of residence means a place of permanent residence or place of temporary residence where a citizen habitually resides. In case he/she has no place of permanent residence or place of temporary residence, his/her current place of residence is the place where he/she is actually residing.
Article 3. Principles of residence and residence management
1. Observing the Constitution and law.
2. Ensuring harmony between the lawful rights and interests of citizens and interests of the State, community and society; combining the assurance of the right to freedom of residence and other fundamental rights of citizens and responsibilities of the State with the performance of the tasks of socio-economic construction and development, consolidation of national defense and security and assurance of social order and safety.
3. Residence registration order and procedures must be simple, convenient, timely, accurate, public, transparent and trouble-free; residence management must be strict and effective.
4. Residence information must be updated to the national population database and the residence database in accordance with law. At a time, every citizen may have only one place of permanent residence and possibly one more place of temporary residence.
5. Any violation of the law on residence registration and management must be detected and promptly and strictly handled in accordance with law.
Article 4. Exercise of the right to freedom of residence of citizens
1. Citizens may exercise their right to freedom of residence in accordance with this Law and other relevant laws.
2. The exercise of the right to freedom of residence of citizens will only be restricted for:
a/ Persons who are banned from leaving their places of residence or held in custody or detained as a measure applied by competent proceeding-conducting bodies or persons; persons sentenced to imprisonment against whom decisions on judgment execution have not yet been issued or against whom decisions on judgment execution have been issued but who are entitled to bail or postponement or suspension of the serving of such sentence; persons sentenced to imprisonment and entitled to suspended sentence and being in the probation period; persons currently serving imprisonment sentences or subject to residence ban, probation or non-custodial reform; or persons entitled to conditional early release and being in the probation period;
b/ Persons who are currently serving the measure of education in communes, wards or townships, or consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories; persons subject to the measure of consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories but entitled to postponement or suspension of the serving of such measure; or persons under management pending completion of procedures for consideration and decision on the application of the measure of consignment to compulsory educational institutions, compulsory drug rehabilitation centers or reformatories;
c/ Persons who are isolated due to danger of epidemic communication to the community;
d/ Places or areas that are isolated for epidemic prevention and control under decisions of competent agencies or persons; localities in state of emergency in accordance with law; or places ineligible for new registration of permanent residence or temporary residence or household splitting in accordance with this Law;
dd/ Other cases as specified by law.
3. The exercise of the right to freedom of residence of citizens may only be restricted in accordance with law. Contents and periods of restriction of the right to freedom of residence must comply with legally effective court judgments or rulings, decisions of other competent state agencies, or relevant regulations.
Article 5. Assurance of exercise of the right to freedom of residence of citizens and residence management
1. The State shall adopt harmonious policies and measures to ensure the exercise of the right to freedom of residence of citizens.
2. The State shall ensure budget funds, physical facilities and human resources, and invest in development of advanced and modern technologies for residence registration and management.
Article 6. International cooperation on residence management
The State of the Socialist Republic of Vietnam shall carry out international cooperation in residence management in accordance with Vietnam’s law and international law; and implement treaties concerning residence management to which the Socialist Republic of Vietnam is a contracting party.
Article 7. Residence-related prohibited acts
1. Obstructing citizens from exercising their right to freedom of residence.
2. Abusing the use of information on places of permanent residence or places of temporary residence as conditions to limit the lawful rights and interests of citizens.
3. Offering, brokering or taking bribes in residence registration and management.
4. Failing to receive or delaying the receipt of dossiers, papers, documents and information for residence registration or taking other harassing acts; failing to comply or improperly complying with the regulation on the time limit for residence registration for citizens when their dossiers are eligible for residence registration; deregistering permanent residence or temporary residence in contravention of law.
5. Collecting, managing or using residence registration fees in contravention of law.
6. Setting out at one’s own will the time limit, procedures, papers, documents or forms in contravention of law or falsifying residence information, books and dossiers.
7. Deliberately granting or refusing to grant residence papers and documents in contravention of law.
8. Taking advantage of the exercise of the right to freedom of residence to infringe upon interests of the State or lawful rights and interests of organizations or individuals.
9. Forging residence papers, documents and data; using forged residence papers, documents and data; providing untruthful information, papers and documents on residence; untruthfully declaring conditions or forging dossiers, papers and documents for permanent residence or temporary residence registration; purchasing, selling, renting, leasing, borrowing, lending, pledging, taking pledge of, or destroying residence papers and documents.
10. Organizing, instigating, inciting, inducing, aiding or forcing other persons to violate the law on residence.
11. Permitting permanent residence or temporary residence registration while clearly knowing that registration applicants do not reside at to-be-registered places.
12. Letting other persons register permanent residence or temporary residence at ones’ places of residence for self-seeking purposes or in spite of the fact that registration applicants do not reside at such places.
13. Accessing, exploiting or destroying information in, obstructing or interrupting operation of, the residence database, or illegally changing, deleting, spreading or providing such information.
Chapter II
RIGHTS AND OBLIGATIONS OF CITIZENS REGARDING RESIDENCE
Article 8. Rights of citizens regarding residence
1. To select and decide on their own places of residence and make residence registration in accordance with this Law and other relevant laws.
2. To have their private information and information on their households kept confidential in the residence database, unless they provide such information in accordance with law.
3. To exploit information on their residence from the national population database; to have their residence information certified by residence registration offices nationwide, regardless of their places of residence, when they so request.
4. To have their residence information in the residence database updated or modified by residence registration offices upon any change in such information or when they so request.
5. To be provided with information and documents related to the exercise of their right to freedom of residence when they so request.
6. To have their right to freedom of residence protected by competent state agencies.
7. To file complaints or denunciations about or initiate lawsuits against acts violating the law on residence in accordance with law.
Article 9. Obligations of citizens regarding residence
1. To make residence registration in accordance with this Law and other relevant laws.
2. To fully, accurately and promptly provide their residence information, papers and documents to competent agencies and persons and take responsibility for such information, papers and documents.
3. To pay residence registration fees in accordance with the law on charges and fees.
Article 10. Rights and obligations of household heads and members regarding residence
1. Persons who live together at the same lawful places of residence and have family bonds as paternal grandparents, maternal grandparents, parents, spouses, offspring, siblings, and grandchildren may register their permanent residence or temporary residence as households.
2. Persons other than those specified in Clause 1 of this Article who fully meet the conditions for registering their permanent residence or temporary residence at the same lawful places of residence in accordance with this Law may register their permanent residence or temporary residence in the same households.
3. More than one household may register their permanent residence or temporary residence at one lawful place of residence.
4. Heads of households must be persons who have full civil act capacity and are nominated by household members after reaching agreement. For a household that has no person having full civil act capacity, its head is a person nominated by its members after reaching agreement. In case members of a household cannot reach agreement to nominate the household head, the household head shall be decided by the court from among the household members.
For a single-member household, such member is the household head.
5. Household heads have the rights and obligations to comply, and create conditions for and guide household members in complying, with regulations on residence registration and management and other relevant provisions of this Law; and to notify residence registration offices of household members who fall into the cases specified in Clause 1, Article 24 or Clause 1, Article 29 of this Law.
6. Household members have the rights and obligations to reach agreement on nomination of household heads; and to fully comply with regulations on residence registration and management.
Chapter III
PLACES OF RESIDENCE
Article 11. Places of residence of citizens
1. Places of residence of citizens include their places of permanent residence and places of temporary residence.
2. In case the place of permanent residence or place of temporary residence of a citizen cannot be identified, his/her place of residence is the place where he/she is currently residing as identified under Clause 1, Article 19 of this Law.
Article 12. Places of residence of minors
1. Place of residence of a minor is the place of residence of his/her parents. If his/her parents have different places of residence, his/her place of residence is the place of residence of his/her father or mother with whom he/she habitually resides. In case such a place of habitual residence cannot be identified, the place of residence of a minor is a place agreed upon by his/her parents. In case his/her parents cannot agree upon the place of his/her residence, such place of residence shall be decided by the court.
2. A minor may have a place of residence other than the place of residence of his/her parent(s) if so agreed by the latter or provided by law.
Article 13. Places of residence of wards
1. The place of residence of a ward is the place of residence of his/her guardian.
2. A ward may have his/her place of residence other than the place of residence of his/her guardian if so agreed by the latter or provided by law.
Article 14. Places of residence of spouses
1. Places of residence of spouses are places where they habitually live together.
2. Spouses may have different places of residence if they so agree or in accordance with relevant regulations.
Article 15. Places of residence of persons studying, serving or working in the armed forces
1. Places of residence of officers, non-commissioned officers, soldiers, professional army men, national defense workers and employees, and cadets of academies of the People’s Army are places where their respective units are stationed, unless they, except cadets, have other places of residence in accordance with this Law.
2. Places of residence of professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers, and cadets of academies of the People’s Public Security forces, conscripted non-commissioned officers, conscripted soldiers, and public security workers are places where their respective units are stationed, unless they, except cadets, conscripted non-commissioned officers and conscripted soldiers, have other places of residence in accordance with this Law.
3. Conditions, dossiers and procedures for registration of permanent residence or temporary residence in places where units of the persons specified in Clause 1 or 2 of this Article are stationed shall be specified by the Minister of National Defense or Minister of Public Security, respectively.
Article 16. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or movable vehicles
1. Places of residence of persons living or engaged in itinerant occupations on board ships, boats or movable vehicles (below collectively referred to as vehicles) are the places where those vehicles are registered, unless such persons have other places of residence in accordance with this Law.
For vehicles not subject to registration or registered in places other than where they are frequently parked, places of residence of persons living or engaged in itinerant occupations on board such vehicles are the places where such vehicles are frequently parked.
2. The Government shall detail this Article.
Article 17. Places of residence of persons engaged in belief or religious activities, children, persons with disabilities, and supportless persons in belief or religious establishments
1. Places of residence of religious activists, priests, religious dignitaries and clergypersons, and other persons engaged in religious activities who live in belief or religious establishments are such establishments, unless they have other places of residence in accordance with this Law.
2. Places of residence of children, persons with particularly severe disabilities, persons with severe disabilities, and supportless persons who are admitted and living in belief or religious establishments are such establishments.
Article 18. Places of residence of persons who are cared for, nurtured or assisted
1. Places of residence of persons who are cared for, nurtured or assisted at social protection establishments are such establishments.
2. Places of residence of persons who are cared for or nurtured in the community are places of residence of the persons who undertake to care for or nurture them.
Article 19. Places of residence of persons who have no places of permanent residence or places of temporary residence
1. The place of residence of a person who has no place of permanent residence and place of temporary residence due to his/her ineligibility for permanent residence or temporary residence registration is his/her current place of residence. In case the address of his/her place of residence is unidentifiable, his/her current place of residence is the commune-level administrative unit where he/she is actually residing. Persons who have no places of permanent residence or places of temporary residence shall declare their residence information to residence registration offices in their current places of residence.
2. Residence registration offices shall guide the declaration of residence information in the information fields in the national population database and the residence database.
3. For a person specified in Clause 1 of this Article whose information is not yet available in the national population database and the residence database, within 30 days after receiving his/her declared information, a residence registration office shall check and verify such information. In complicated cases, such time limit may be extended but must not exceed 60 days.
4. For a person specified in Clause 1 of this Article whose information is available in the national population database and the residence database, within 5 working days after receiving his/her declared information, a residence registration office shall check and verify such information.
5. After checking and verifying information on current places of residence of citizens, residence registration offices shall update such information and other relevant information to the national population database and the residence database and notify declarants of the update.
6. In case of a change in his/her residence information, a citizen shall declare it to the residence registration office for review and modification of his/her information in the national population database and the residence database; and when fully satisfying the conditions specified in this Law, he/she shall carry out procedures for permanent residence or temporary residence registration.
7. The Government shall detail this Article.
Chapter IV
PERMANENT RESIDENCE REGISTRATION
Article 20. Conditions for permanent residence registration
1. Citizens who have lawful places of residence under their ownership may register their permanent residence in such places.
2. A citizen may register his/her permanent residence in a lawful place of residence not under his/her ownership after obtaining the consent of the household head and the owner of such lawful place of residence in the following cases:
a/ He/she comes to live together with his/her spouse, parent(s) or child(ren);
b/ He/she is an elderly person and comes to live together with his/her sibling(s), or grandchild(ren); he/she is a person with particularly severe disabilities or severe disabilities or having no working capacity or suffering a mental illness or another disease that renders him/her unable to cognize and control his/her acts and comes to live together with his/her paternal or maternal grandparent(s), sibling(s), uncle(s), aunt(s), grandchild(ren) or guardian;
c/ He/she is a minor who has obtained the consent of his/her parent(s) or guardian or who has no parents and comes to live together with his/her great paternal or maternal grandparent(s), grandparent(s), sibling(s), uncle(s), or aunt(s); or he/she is a minor who comes to live together with his/her guardian.
3. Except the cases specified in Clause 2 of this Article, citizens may register their permanent residence in their lawful places of residence which they rent, borrow or live under permission of the owners of such places when satisfying the following conditions:
a/ They have obtained the consent of the owners of such lawful places of residence for registering their permanent residence at such places and the consent of household heads in case they register their permanent residence in such households;
b/ The condition on the minimum housing area set by provincial-level People’s Councils is satisfied which must not be smaller than 8 m2 of floor/person.
4. Citizens may register their permanent residence at belief or religious establishments having auxiliary works being houses in one of the following cases:
a/ They are religious activists who are ordained, appointed, elected or transferred to carry out religious activities at religious establishments;
b/ They are representatives of belief establishments;
c/ They are permitted by representatives or management boards of belief establishments to register their permanent residence to directly manage and organize belief activities at belief establishments;
d/ They are children, persons with particularly severe disabilities or severe disabilities, or supportless persons who are permitted by representatives or management boards of belief establishments, or heads or representatives of religious establishments to register their permanent residence.
5. Persons who are cared for, nurtured or assisted may register their permanent residence at social protection establishments when it is so agreed by the heads of such establishments or may register their permanent residence in households that undertake to care for or nurture them when it is so agreed by household heads or owners of lawful places of residence.
6. Persons who live or are engaged in itinerant occupations on vehicles may register their permanent residence on such vehicles when satisfying the following conditions:
a/ They are the owners of, or permitted by the owners of such vehicles to register their permanent residence;
b/ Such vehicles have been registered and inspected in accordance with law. For a vehicle not subject to registration and inspection, the use of such vehicle for residential purpose shall be certified by the commune-level People’s Committee of the locality where such vehicle regularly are parked;
c/ It is certified by commune-level People’s Committees that such vehicles have been registered for regular parking in such localities in case such vehicles are not subject to registration or are registered in places other than where they are regularly parked.
7. Registration of permanent residence of minors requires the consent of their parents or guardians, unless their places of residence are decided by courts.
8. Citizens may not make new registrations of permanent residence in the places of residence specified in Article 23 of this Law, except the case specified at Point a, Clause 2 of this Article.
Article 21. Permanent residence registration dossiers
1. A permanent residence registration dossier for a person specified in Clause 1, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information;
b/ Papers and documents proving his/her ownership of a lawful place of residence.
2. A permanent residence registration dossier for a person specified in Clause 2, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information, clearly stating the consent of the household head, the owner of the lawful place of residence or an authorized person for permanent residence registration, except the case in which a written consent has been obtained;
b/ Papers and documents proving personal relationship of such person with the household head or a household member, except the case in which information on such relationship is available on the national population database and the residence database;
c/ Papers and documents proving satisfaction of other conditions specified at Points b and c, Clause 2, Article 20 of this Law.
3. A permanent residence registration dossier for a person specified in Clause 3, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information, clearly stating the consent of the household head, the owner of the lawful place of residence which is leased, lent or permitted for another person’s residence, or an authorized person for permanent residence registration, except the case in which a written consent has been obtained;
b/ A contract on lease, lending or permission for another person’s residence or a document on lending or permitting another person to reside in the lawful place of residence, which has been notarized or certified in accordance with law;
c/ Papers and documents proving satisfaction of the condition on the minimum housing area for permanent residence registration under regulations.
4. A permanent residence registration dossier for a person specified at Point a, b or c, Clause 4, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information. For the persons specified at Point c, Clause 4, Article 20 of this Law, such a declaration must clearly state permission of the representative or management board of the belief establishment for permanent residence registration, except the case in which a written permission has been obtained;
b/ Papers and documents proving his/her status as a priest or religious dignitary or clergyperson or a religious activist and that he/she is permitted to carry out activities at such religious establishment in accordance with the law on belief and religion, for the persons specified at Point a, Clause 4, Article 20 of this Law; or papers and documents proving his/her status as the representative of the belief establishment, for the persons specified at Point b, Clause 4, Article 20 of this Law;
c/ Written certification by the commune-level People’s Committee that the belief or religious establishment has an auxiliary work being a house.
5. A permanent residence registration dossier for a person specified at Point d, Clause 4, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information, clearly stating permission of the representative or management board of the belief establishment or the head or representative of the religious establishment for permanent residence registration, except the case in which a written permission has been obtained;
b/ Written certification by the commune-level People’s Committee that permanent residence registration applicant is a subject specified in Clause 2, Article 17 of this Law and that the belief or religious establishment has an auxiliary work being a house.
6. A permanent residence registration dossier for a person specified in Clause 5, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information. For persons who are cared for or nurtured by individuals or households, such a declaration must clearly state the consent of the heads of such households, or owners of the lawful places of residence of such individuals or households, or of authorized persons for permanent residence registration, except the case in which a written consent has been obtained;
b/ A written request of the head of the social protection establishment, for persons cared for, nurtured or assisted by social protection establishments;
c/ Papers and documents certifying the care for, nurture or assistance.
7. A permanent residence registration dossier for a person specified in Clause 6, Article 20 of this Law must comprise:
a/ A declaration of changes in residence information. For permanent residence registration applicants other than vehicle owners, such a declaration must clearly state the consent of the vehicle owner or an authorized person for permanent residence registration, except the case in which a written consent has been obtained;
b/ Vehicle registration certificate and technical safety and environmental protection certificate or a written certification by the commune-level People’s Committee that such vehicle is used for residential purpose, for vehicles not subject to registration and inspection;
c/ A written certification by the commune-level People’s Committee of the place where the vehicle is registered for regular parking, in case such vehicle is not subject to registration or is registered in the place other than where it is regularly parked.
8. In case a permanent residence registration applicant specified in Clause 1, 2, 3, 4, 5, 6 or 7 of this Article is a minor, his/her declaration of changes in residence information must clearly state the consent of his/her parent(s) or guardian, except the case in which a written consent has been obtained.
9. In case a permanent residence registration applicant specified in Clause 1, 2, 3, 4, 5, 6 or 7 of this Article is an overseas Vietnamese who retains his/her Vietnamese citizenship, his/her permanent residence registration dossier must contain his/her valid Vietnamese passport. In case he/she no longer holds a valid Vietnamese passport, such dossier must contain a paper or document proving his/her Vietnamese citizenship and a written permission of the Ministry of Public Security’s immigration office for permanent residence registration.
10. The Government shall provide in detail papers and documents proving lawful places of residence and those proving personal relationships specified in this Article.
Article 22. Permanent residence registration procedures
1. Permanent residence registration applicants shall file their permanent residence registration dossiers to residence registration offices of localities where they reside.
2. Upon receiving permanent residence registration dossiers, residence registration offices shall check them and issue dossier receipts to the registration applicants. For incomplete dossiers, they shall guide the applicants to supplement them.
3. Within 7 working days after receiving a complete and valid permanent residence registration dossier, a residence registration office shall verify and update information on the new place of permanent residence of the residence registrant to the residence database and notify him/her of the update. In case of refusal of registration, it shall reply in writing, clearly stating the reason.
4. A person who has made permanent residence registration and moves to another lawful place of residence and fully satisfies the conditions for permanent residence registration shall register his/her permanent residence in the new place of residence in accordance with this Law within 12 months from the date of satisfaction of registration conditions.
Article 23. Places where new registration of permanent residence is not permitted
1. Places in restricted areas or no-construction zones or areas encroaching upon national defense or security, traffic, hydraulic work, dike or energy protection corridors, landmarks of protection of technical infrastructure facilities, or ranked historical-cultural relics, areas where the danger of landslide or flash flood is warned, or areas of protection of other works as specified by law.
2. Places where the whole housing area is located in illegally owned land areas or built on land areas where law-specified conditions for construction are not fully satisfied.
3. Places subject to land recovery decisions and decisions approving compensation, support and resettlement plans of competent state agencies; places being houses whose area is partially or wholly involved in a dispute or complaint related to house ownership or use rights which remains unresolved in accordance with law.
4. Places that are confiscated under decisions of competent state agencies; vehicles used as places of permanent residence registration that are deregistered or have no technical safety and environmental protection certificates in accordance with law.
5. Places being houses subject to dismantlement decisions of competent state agencies.
Article 24. Permanent residence deregistration
1. Persons who fall into one of the following cases will have their permanent residence deregistered:
a/ They die or are declared by courts as missing or dead;
b/ They go abroad for permanent residence;
c/ They are subject to decisions on deregistration of their permanent residence under Article 35 of this Law;
d/ They are absent from their places of permanent residence for 12 consecutive months or more without registering their temporary residence in other places or declaring their temporary absence, unless they go abroad not for permanent residence, or are serving their imprisonment sentences or being subject to the measure of consignment into compulsory education institutions, compulsory drug rehabilitation centers or reformatories;
dd/ They have been permitted by competent agencies to renounce their Vietnamese citizenship, been deprived of their Vietnamese citizenship or had decisions permitting their naturalization in Vietnam annulled;
e/ They had registered permanent residence in the places of residence which they rented or borrowed or in which they lived under permission of the owners of such places of residence but have terminated such lease, borrowing or living and fail to register their permanent residence in new places of residence after 12 months from the date of the termination, except the case specified at Point h of this Clause;
g/ They had registered their permanent residence in lawful places of residence but later the ownership of such places has been transferred to other persons and they fail to register their permanent residence in new places of residence after 12 months from the date of the ownership transfer, unless they obtain the consent of the new owners for continuing to lease or borrow such places of residence or continuing to live under permission of the owners of such places of residence and for registering their permanent residence in such places of residence or except the case specified at Point h of this Clause;
h/ They had registered their permanent residence in places of residence which they rented or borrowed or in which they lived under permission of the owners of such places of residence but later have terminated such lease, borrowing or living and cannot obtain the consent of the owners of such places of residence to keep their registration of permanent residence in such places of residence; or they had registered their permanent residence in places of residence under their ownership but later have transferred the ownership of such places of residence to other persons and cannot obtain the consent of the latter to keep their registration of permanent residence in such places of residence;
i/ They had registered their permanent residence in places of residence that later have been dismantled or confiscated under decisions of competent state agencies or on vehicles that later have been deregistered in accordance with law.
2. The offices that have granted permanent residence registration may deregister permanent residence and shall clearly state reasons for and time of permanent residence deregistration in the residence database.
3. The Government shall provide in detail dossiers and procedures for permanent residence deregistration.
Article 25. Household splitting
1. A household member may separate himself/herself from the household for registration of his/her permanent residence in the same lawful place of residence when fully satisfying the following conditions:
a/ He/she has full civil act capacity. In case more than one member of the household wish to separate themselves from the household to form a new household, at least one of them must have full civil act capacity;
b/ He/she has obtained the consent of the household head or owner of the lawful place of residence, except the case in which he/she is divorced but still entitled to live together with his/her divorced spouse in such place of residence;
c/ The place of permanent residence of the household does not fall into the case specified in Article 23 of this Law.
2. A dossier for household splitting must comprise a declaration of changes in residence information, clearly stating the consent of the household head or owner of the lawful place of residence regarding the household splitting, except the case in which a written consent has been obtained.
In case of household splitting after divorce as specified at Point b, Clause 1 of this Article, a dossier for household splitting must comprise a declaration of changes in residence information, and papers and documents proving the divorce and proving that he/she is permitted to continue using such lawful place of residence.
3. Household splitting procedures:
a/ A household splitting registration applicant shall submit a dossier specified in Clause 2 of this Article to a residence registration office;
b/ Within 5 working days after receiving a complete and valid dossier, the residence registration office shall verify and update information on the household related to the household splitting to the residence database and notify the applicant of the update. In case of refusal of the household splitting, it shall reply in writing, clearly stating the reason.
Article 26. Modification of residence information in the residence database
1. Citizen residence information shall be modified in the following cases:
a/ The household head is changed;
b/ There is a change in civil status information compared to that stored in the residence database;
c/ There is a change in the address of a place of residence in the residence database due to adjustment of boundaries or name of an administrative unit, name of a street, residential quarter, village or hamlet, or house numbering method.
2. A dossier for residence information modification mentioned at Point a or b, Clause 1 of this Article must comprise:
a/ A declaration of changes in residence information;
b/ Papers and documents proving the changes.
3. Procedures for residence information modification:
a/ For the case specified at Point a, Clause 1 of this Article, a household member shall submit a dossier specified in Clause 2 of this Article to a residence registration office. Within 3 working days after receiving a complete and valid dossier, the residence registration office shall modify information on the household head in the residence database and notify the household members of the information update. In case of refusal of the modification, it shall reply in writing, clearly stating the reason;
b/ For the case specified at Point b, Clause 1 of this Article, within 30 days after obtaining a competent agency’s decision on the change of civil status information, the person whose information is changed shall submit a dossier of registration for modification of relevant information in the residence database as specified in Clause 2 of this Article to a residence registration office.
Within 3 working days after receiving a complete and valid dossier, the residence registration office shall modify civil status information in the residence database and notify the registration applicant of the information update. In case of refusal of the modification, it shall reply in writing, clearly stating the reason;
c/ For the case specified at Point c, Clause 1 of this Article, a residence registration office shall modify information and update the modified information in the residence database.
Chapter V
TEMPORARY RESIDENCE REGISTRATION, STAY NOTIFICATION, TEMPORARY ABSENCE DECLARATION
Article 27. Conditions for temporary residence registration
1. Every citizen that comes to reside in a lawful place of residence outside the commune-level administrative unit where he/she has registered his/her permanent residence for working, study or another purpose for 30 days or more shall register his/her temporary residence.
2. The maximum period of temporary residence is 2 years and may be extended for an unlimited number of times.
3. Citizens may not make new registration of temporary residence in the places specified in Article 23 of this Law.
Article 28. Dossiers and procedures for temporary residence registration, temporary residence period extension
1. A temporary residence registration dossier must comprise:
a/ A declaration of changes in residence information. For temporary residence registration applicants being minors, such a declaration must clearly state the consent of his/her parent(s) or guardian, except the case in which a written consent has been obtained;
b/ Papers and documents proving his/her lawful place of residence.
2. A temporary residence registration applicant shall submit a temporary residence registration dossier to a residence registration office of the locality where he/she wishes to temporarily reside.
Upon receiving a temporary residence registration dossier, the residence registration office shall examine it and issue a dossier receipt to the declaration applicant. In case the dossier is incomplete, it shall guide the applicant in supplementing the dossier.
Within 3 working days after receiving a complete and valid dossier, the residence registration office shall verify and update information on the new place of temporary residence and temporary residence period of the temporary residence registration applicant to the residence database and notify him/her of the information update. In case of refusal of the registration, it shall reply in writing, clearly stating the reason.
3. At least 15 days before the expiration of his/her registered temporary residence period, a citizen shall carry out procedures for extension of such period.
Dossiers and procedures for extension of temporary residence period are specified in Clauses 1 and 2 of this Article. After examining the dossier, the residence registration office shall update information on the new temporary residence period of the registration applicant to the residence database and notify him/her of the information update. In case of refusal of the registration, it shall reply in writing, clearly stating the reason.
Article 29. Temporary residence deregistration
1. A person falling into one of the following cases will have his/her temporary residence deregistered:
a/ He/she dies; there is a court ruling declaring him/her as missing or dead;
b/ There is a decision on temporary residence deregistration specified in Article 35 of this Law;
c/ He/she is continuously absent from his/her place of temporary residence for 6 months or more without registering his/her temporary residence in another place;
d/ A competent agency has permitted him/her to renounce his/her Vietnamese citizenship or deprived of his/her Vietnamese citizenship or annulled the decision permitting him/her to be naturalized in Vietnam;
dd/ He/she has been permitted to register his/her permanent residence in the place of temporary residence;
e/ He/she had registered his/her temporary residence in the place of residence which he/she rented or borrowed or in which he/she lived under permission of the owner of such place of residence but later has terminated such rent, borrowing or living without registering his/her temporary residence in another place of residence;
g/ He/she had registered his/her temporary residence in a lawful place of residence but later the ownership of such place of residence has been transferred to another person, unless he/she obtains the consent of the new owner of such place of residence for continuing to live in such place;
h/ He/she had registered his/her temporary residence in a place of residence that has been dismantled or confiscated under a competent state agency’s decision or on a vehicle that has been deregistered in accordance with law.
2. The offices that have granted temporary residence registration may deregister temporary residence and shall clearly state reasons for and time of temporary residence deregistration in the residence database.
3. The Government shall provide in detail dossiers and procedures for temporary residence deregistration.
Article 30. Stay notification
1. When a person comes to stay with them, household members or representatives of medical treatment establishments, tourist accommodation establishments or other establishments with accommodation function shall notify such person’s stay to a residence registration office. In case a person comes to stay at the place of residence of an individual or a household while such individual or members of such household is/are absent, he/she shall notify his/her stay to a residence registration office.
2. Stay notification may be carried out directly, by phone or electronic means or another means as provided by the Minister of Public Security.
3. Stay notification contents include full name, personal identification number or people’s identity card or passport number of the staying person; reasons for the stay; stay period; and address of the place of stay.
4. Stay notification shall be carried out before 23:00 hours of the day when the stay begins. In case a person comes to stay at a place of residence after 23:00 hours, the stay notification shall be carried out before 8:00 hours of the following day. In case a grandparent, parent, spouse, child, grandchild or sibling comes to stay at a place of residence frequently, his/her stay shall be notified only once.
5. Stay notifications shall be included in stay record books.
Article 31. Temporary absence declaration
1. A citizen shall declare his/her temporary absence in the following cases:
a/ He/she leaves the commune-level administrative unit where he/she is residing for 1 day or more, for the accused or defendants on bail; persons sentenced to imprisonment for whom no judgment execution decisions have been issued or for whom judgment execution decisions have been issued but who are on bail or entitled to postponement or suspension of the serving of such sentence; persons sentenced to imprisonment and entitled to suspended sentence and being in the probation period; persons currently serving probation or non-custodial reform sentences; or persons entitled to conditional early release and being in the probation period;
b/ He/she leaves the commune-level administrative unit where he/she is residing for 1 day or more, for persons currently serving the measure of education in communes, wards or townships; persons currently serving the measure of consignment into compulsory educational institutions, compulsory drug rehabilitation centers or reformatories and entitled to postponement or suspension of the serving of such measure; or persons under management pending completion of procedures for consideration and decision on application of the measure of consignment into compulsory educational institutions, compulsory drug rehabilitation centers or reformatories;
c/ He/she leaves the district-level administrative unit where he/she is residing for 3 consecutive months or more, for persons of the age group subject to military service duty or currently performing other obligations toward the State under decisions of competent state agencies;
d/ He/she leaves the commune-level administrative unit where he/she is permanently residing for 12 consecutive months or more, for persons other than those specified at Points a, b and c of this Clause, except the case in which he/she has registered his/her temporary residence in a new place of residence or gone abroad.
2. Before leaving his/her place of residence, a person specified at Point a or b, Clause 1 of this Article shall declare his/her temporary absence to the residence registration office of the locality where he/she is residing. When making temporary absence declaration, he/she shall file a request for temporary absence declaration and produce a written consent of the competent agency supervising, managing and educating him/her.
The residence registration office shall guide and check declaration contents. Within 1 working day after receiving a request for temporary absence declaration, the residence registration office shall issue a temporary absence declaration form to the citizen. For complicated cases, the time limit for processing such request may be extended but must not exceed 2 working days.
3. A person specified at Point c or d, Clause 1 of this Article may declare his/her temporary absence to the residence registration office of the locality where he/she is residing or may do so by phone or electronic means or another means as provided by the Minister of Public Security. In case a person specified at Point d, Clause 1 of this Article is a minor, his/her parent(s) or guardian shall declare his/her temporary absence.
4. Temporary absence declaration contents include full name, personal identification number or people’s identity card or passport number of the declarant; reason for the temporary absence; temporary absence period; and address of the destination.
5. Residence registration offices shall update temporary absence declaration information of citizens to the residence database and notify declarants of the information update when so requested.
Chapter VI
RESIDENCE MANAGEMENT RESPONSIBILITY
Article 32. Responsibility for state management of residence
1. The Government shall perform the unified state management of residence nationwide.
2. The Ministry of Public Security shall take responsibility before the Government for performing the state management of residence and shall:
a/ Formulate and submit to the Government for promulgation or promulgate according to its competence legal documents on residence;
b/ Direct and organize the implementation of legal documents on residence; organize residence registration and management nationwide, and update residence information to the national population database and the residence database;
c/ Stop the implementation of, or annul according to its competence or propose competent authorities to annul, residence management regulations which are contrary to this Law;
d/ Issue, print and manage declaration forms of changes in residence information and other papers, documents, forms and books on residence;
dd/ Equip machinery, devices and equipment; appoint, train and further train residence management officers;
e/ Make state statistics on residence; review and conduct scientific research in residence management; and organize public communication, dissemination and education of the law on residence;
g/ Carry out examination and inspection, settle complaints and denunciations about residence, and handle violations of the law on residence in accordance with law.
h/ Enter into international cooperation on residence management.
3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of residence as assigned by the Government.
4. Within the ambit of their tasks and powers, People’s Committees at all levels shall:
a/ Organize the implementation of legal documents on residence in their localities;
b/ Direct the coordination among concerned local agencies in residence management;
c/ Organize public communication, dissemination and education of the law on residence;
d/ Carry out examination and inspection, settle complaints and denunciations about residence, and handle violations of the law on residence in accordance with law.
Article 33. Responsibilities of residence registration offices
1. To publicly display administrative procedures; to guide agencies, organizations, individuals and households in implementing the law on residence; to publicize places, telephone numbers or other methods for, receiving stay notifications or temporary absence declarations.
2. To update residence information of citizens to the national population database and the residence database.
3. To certify residence information, and notify results of performance of procedures for permanent residence registration, temporary residence registration, temporary residence period extension, declaration or modification of residence information, household splitting, or temporary absence declaration in writing or via e-messages or in other forms provided by the Minister of Public Security.
4. To manage and archive dossiers, papers and documents on residence registration and management, and keep confidential residence registration information of citizens.
5. To settle citizens’ petitions, complaints and denunciations about residence and residence management according to their competence.
Article 34. Residence registration officers
1. Residence registration officers must be professionally trained and further trained to be capable of properly performing their assigned tasks.
2. While performing their tasks, residence registration officers shall show their serious attitude and humble and amiable behaviors; receive and examine relevant dossiers, papers and documents and proceed with procedures within time limits specified in this Law; for incomplete and invalid dossiers, they shall provide specific and detailed guidance in writing and take responsibility before law for such guidance.
Article 35. Permanent residence or temporary residence deregistration
In case responsible agencies or persons carry out permanent residence or temporary residence registration ultra vires, for ineligible persons or when conditions specified in this Law are not satisfied, such agencies or heads of their superior agencies shall issue decisions on permanent residence or temporary residence deregistration. Such agencies shall notify the deregistration in writing to registration applicants, clearly stating reasons.
Article 36. Residence database
1. The residence database shall be developed to serve the state management of residence and constitutes national property uniformly managed by the Ministry of Public Security.
2. The residence database shall be connected to the national population database and other databases in accordance with law and must meet database standards and information technology standards and technical regulations.
3. The collection, storage, processing, protection, exploitation and use of residence data must satisfy the following requirements:
a/ Applying information technology to collect, store and process residence information in a complete, swift and accurate manner; ensuring data security in conformity with database system principles and formats;
b/ Ensuring safety of devices and media storing residence information and documents;
c/ Protecting cyber security and residence information security on the computer network; ensuring safety for information and documents stored in the residence database; preventing and combating acts of attacking or hacking into the residence database for stealing information, or sabotaging or destroying residence data;
d/ All accesses to the residence database for modifying residence information of citizens must be approved by heads of residence registration offices or other competent agencies;
dd/ Agencies, organizations and individuals may not illegally provide, exchange, copy and print information and documents from the residence database.
4. The Government shall provide in detail the development, management and use of the residence database and information therein, and the provision and exchange of information and documents from the residence database to agencies, organizations and individuals.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 37. Amendment, supplementation and annulment of a number of articles of the law concerning residence management
1. To amend and supplement Clause 1, Article 9 of Law No. 59/2014/QH13 on Citizen Identification as follows:
“1. Collected and updated information contents of a citizen include:
a/ Family name, middle name and first name as stated in a birth certificate;
b/ Date of birth;
c/ Gender;
d/ Place of birth registration;
dd/ Native place;
e/ Ethnicity;
g/ Religion;
h/ Citizenship;
i/ Marital status;
k/ Place of permanent residence;
l/ Place of temporary residence;
m/ Status of temporary absence declaration;
n/ Current place of residence;
o/ Relationship with the household head;
p/ Blood type, when the citizen requests update and produces conclusions on testing and identification of his/her blood type;
q/ Family names, middle names and first names, personal identification numbers or people’s identity card numbers and citizenships of parents and spouse or lawful representative;
r/ Family names, middle names and first names, personal identification numbers or people’s identity card numbers of the household head and members;
s/ Date of death or missing.”.
2. To amend and supplement Clause 7, Article 2 of Law No. 25/2008/QH12 on Health Insurance, which was amended and supplemented under Law No. 32/2013/QH13, Law No. 46/2014/QH13, Law No. 97/2015/QH13, and Law No. 35/2018/QH14, as follows:
“7. Household covered by health insurance (below referred to as household) consists of persons who jointly register their permanent residence or temporary residence in the same lawful place of residence in accordance with the law on residence.”
3. To annul Clauses 3 and 4, Article 19 of Law No. 25/2012/QH13 on the Capital.
4. To annul Point b, Clause 1, Article 45 of Law No. 28/2009/QH12 on Criminal Records.
Article 38. Implementation provisions
1. This Law takes effect on July 1, 2021.
2. Law No. 81/2006/QH11 on Residence, which was amended and supplemented under Law No. 36/2013/QH13, ceases to be effective as of the effective
date of this Law.
3. As of the effective date of this Law, granted household registration books and temporary residence books remain valid for use as residence certification papers and documents in accordance with this Law through December 31, 2022.
In case information in household registration books or temporary residence books is different from that in the residence database, the latter shall be used.
When citizens carry out procedures for residence registration, leading to changes in information in their household registration books or temporary residence books, residence registration offices shall revoke such books and modify and update information to the residence database in accordance with this Law and may not grant new books or re-grant such books.
4. The Government, ministries, ministerial-level agencies and other related agencies shall review their issued legal documents that contain provisions on household registration books and temporary residence books or require residence certification papers and documents in order to revise them to be consistent with this Law, and limit the use of information on places of residence as a condition for performance of administrative procedures.
This Law was passed on November 13, 2020, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 10th session.-
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Chairwoman |
(Signed) |
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Nguyen Thi Kim Ngan |