Luật cư trú 2020

RESIDENCE LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Residence Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law provides for exercise of the right of Vietnamese citizens to reside in the territory of the Socialist Republic of Vietnam freely; registration and management of residence; rights, obligations and responsibilities of citizens, regulatory bodies and organizations concerning registration and management of residence.

Article 2. Definitions

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1. “lawful place of residence” means a dwelling over which a citizen has the right to ownership or right to use, including houses, watercrafts, other vehicles or other dwellings as per the law.

2. “residence” refers to a citizen’s state of living at a location in a commune-level administrative unit or a district-level administrative unit where there is no commune-level administrative unit (hereinafter collectively referred to as “commune-level administrative unit”).

3. “residence database” means a specialized database comprising information on residence of citizens digitalized, stored and managed by the information infrastructure, and connected and shared with the national population database and other databases as prescribed by law.

4. “residence registration authority” (hereinafter referred to as “registration authority”) means a residence authority directly processing residence registration of citizens, including commune police and police of districts where there is no commune-level administrative unit.

5. “residence registration” refers to permanent residence registration, temporary residence registration, temporary absence declaration, stay notification and information declaration, and revision of information on residence.

6. “stay” means a citizen’s state of living at a location save their permanent or temporary residence for less than 30 days.

7. “temporary absence” means a citizen’s absence from their place of residence for a definite amount of time.

8. “place of permanent residence” (hereinafter referred to as “permanent residence”) refers to a place of secure and long-term residence of a citizen that is registered as their permanent residence;

9. “place of temporary residence” (hereinafter referred to as “temporary residence”) refers to a place of short-term residence of a citizen save their place of permanent residence that is registered as their temporary residence.

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Article 3. Residence and residence management rules

1. Residence and residence management shall adhere to the Constitution and the law.

2. Residence and residence management shall ensure the legitimate rights and interests of citizens, the interests of the State, the community and the society; right to freedom of residence and other basic rights of citizens, and state responsibility for socio - economic development, national defense and security protection and preservation of public order and social safety in a harmonious manner.

3. Residence registration procedures must be simple, convenient, timely, accurate and transparent; residence management must be strict and effective.

4. Information on residence shall be updated to the national population database and residence database as prescribed by law; at a point in time, a citizen shall have only one permanent residence and may have one temporary residence.

5. All violations against regulations of laws on residence registration and management must be detected and handled in a prompt and serious manner as per the law.

Article 4. Exercise of right to freedom of residence of citizens

1. Citizens shall exercise their right to freedom of residence in accordance with this Law and other relevant provisions of law.

2. Exercise of the right to freedom of residence of citizens will be restricted for the following cases:

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b) Persons currently subject to compulsory education in their communes or serving a sentence in a correctional institution or rehabilitation center; persons to serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; and persons under supervision during consideration of admission to a correctional institution or rehabilitation center;

c) Persons placed under medical quarantine as they pose the risk of spreading an infectious disease to the community;

d) Locations and areas placed under medical quarantine for prevention and control of an infectious disease as per the decision of the competent authority or person; localities declaring state of emergency as per the law; locations forbidden from new permanent residence registration, new temporary residence registration and household division according to regulations of this Law;

dd) Other cases per the law.

3. Exercise of the right to freedom of residence of citizens shall be restricted only as prescribed by law. Content and duration of such restriction shall conform to effective judgments and decisions of the Court, decisions of other competent authorities or relevant regulations of law.

Article 5. Assurance of right to freedom of residence of citizens and residence management

1. The State shall provide consistent policies and measures to ensure the right to freedom of residence of citizens.

2. The State shall ensure budget, facilities, workforce and investment in advanced technology for residence registration and management.

Article 6. International cooperation in residence management

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Article 7. Prohibited acts

1. Obstruct a citizen from exercising their right to freedom of residence.

2. Misuse information on permanent or temporary residence to restrict a citizen’s legitimate rights and interests.

3. Give, broker or receive a bribe for residence registration or management.

4. Fail to receive or postpone receipt of residence registration documents or information or other acts of harassment; fail to process or process a valid application for residence registration in a belated manner; annul permanent or temporary residence registration against regulations of law.

5. Collect, manage or use residence registration charges against regulations of law.

6. Impose a deadline, procedure, document or form against regulations of law or falsify information or a document on residence.

7. Deliberately issue or refuse to issue a document on residence against regulations of law.

8. Misuse the right to freedom of residence to violate state interests or legitimate rights and interests of an organization or individual.

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10. Organize, incite, entice, persuade, aid and abet or force another person to commit a violation against regulations on residence.

11. Process an application for permanent or temporary residence registration when clearly knowing the applicant does not reside in the place in question.

12. Let another person register one’s place of residence as their permanent or temporary residence out of selfish interest or when they does not actually reside in such place.

13. Access, use, destroy, obstruct or disrupt operation of or change, delete, distribute or provide information in the residence database illegally.

Chapter II

RIGHTS AND OBLIGATIONS CONCERNING RESIDENCE OF CITIZENS

Article 8. Rights of residence of citizens

1. Choose and decide their places of residence and register residence in accordance with this Law and other relevant provisions of law.

2. Have personal information and information on their households in the residence database protected, excluding the cases where provision of such information is required as per the law.

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4. Have information on their residence in the residence database updated by registration authorities upon change or when requesting.

5. Be provided with information and documents related to the exercise of their right to freedom of residence when requesting.

6. Have their right to freedom of residence protected by competent authorities.

7. Make a denunciation of and file a complaint or lawsuit against violations against regulations on residence as prescribed by law.

Article 9. Obligations concerning residence of citizens

1. Register their residence in accordance with this Law and other relevant provisions of law.

2. Provide sufficient and accurate information and documents on their residence for the competent authority and individual in a timely manner and take responsibility for the information and documents provided.

3. Pay residence registration charges as prescribed by laws on fees and charges.

Article 10. Rights and obligations concerning residence of household heads and household members

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2. A person besides the cases mentioned in Clause 1 herein, if eligible to register the same lawful place of residence as their permanent or temporary residence according to regulations of this Law, may register that place as their permanent or temporary residence with the previously mentioned household.

3. Multiple households may register one lawful place of residence as their permanent or temporary residence.

4. The head of a household shall be a person with full legal capacity selected by all household members; for households without a person with full legal capacity, the household head shall be the person selected by all household members; if the household members fail to agree on a household head, the Court shall select the household head from the household members.

If a household has only one member, that member shall be the household head.

5. Rights and obligations of household heads concern enabling their household members to comply with regulations on residence registration and management and other regulations in this Law as well as giving instructions on such compliance; and notifying the registration authority if any household member is among the cases mentioned in Clause 1 Article 24 and Clause 1 Article 29 of this Law.

6. Rights and obligations of household members concern selecting the household head and fully complying with regulations on residence registration and management.

Chapter III

PLACE OF RESIDENCE

Article 11. Place of residence of citizens

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2. In case the places of permanent and temporary residence of a citizen could not be determined, their place of residence shall be determined in accordance with regulations in Clause 1 Article 19 herein.

Article 12. Place of residence of minors

1. The place of residence of a minor shall be the place of residence of their parents; if their parents have different places of residence, their place of residence shall be the place of residence of the parent with whom they usually live; in case the place where the minor usually live with their parent could not be determined, their parents shall agree on their place of residence; otherwise, the Court shall decide the place of residence of the minor.

2. Minors may have a place of residence different from the place(s) of residence of their parents with their parents’ permission or in compliance with the law.

Article 13. Place of residence of wards

1. The place of residence of a ward shall be the place of residence of their guardian.

2. Wards may have a place of residence different from that of their guardian with their guardian’s permission or in compliance with the law.

Article 14. Place of residence of spouses

1. The place of residence of spouses shall be the place where they usually live together.

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Article 15. Place of residence of persons learning or working in armed forces

1. The place of residence of officers, non-commissioned officers, soldiers, professional servicemen, workers, defense public employees and students of people’s army schools shall be the places where they are stationed, excluding officers, non-commissioned officers, soldiers, professional servicemen, workers and defense public employees whose places of residence are located differently according to regulations of this Law.

2. The place of residence of professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers, students of police schools, conscripted non-commissioned officers, conscripted members and public security workers shall be the places where they are stationed, excluding professional officers, professional non-commissioned officers, technical officers, technical non-commissioned officers and public security workers whose places of residence are located differently according to regulations of this Law.

3. Conditions, applications and procedures for registration of workstations as permanent or temporary residence are provided for by the Minister of National Defense for the persons mentioned in Clause 1 herein and by the Minister of Public Security for the persons mentioned in Clause 2 herein.

Article 16. Place of residence of persons living or working on watercrafts or other vehicles on an itinerant basis

1. The place of residence of persons living or working on watercrafts or other vehicles (hereinafter collectively referred to as “vehicles”) on an itinerant basis shall be the places where the vehicles are registered, excluding cases whose places of residence are located differently according to regulations of this Law.

For vehicles which do not required registration or the vehicle registration places of which are not where they frequently dock or park, the place of residence of persons living or working on these vehicles on an itinerant basis shall be the places where the vehicles frequently dock or park.

2. The Government shall elaborate this Article.

Article 17. Place of residence of persons involved in religious practices and folk religious practices, and children, persons with disabilities and helpless persons in folk religious establishments and religious establishments

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2. The place of residence of children, persons with very severe disabilities, persons with severe disabilities and helpless persons adopted and living in folk religious establishments or religious establishments shall be those folk religious establishments or religious establishments.

Article 18. Place of residence of persons receiving care and support

1. The place of residence of persons receiving care and support in social support facilities shall be those social support facilities.

2. The place of residence of persons receiving care in the community shall be the places of residence of their caregivers.

Article 19. Place of residence of persons without permanent and temporary residences

1. The place of residence of a person without permanent and temporary residences as they are ineligible for permanent and temporary residence registration shall be their current residence; if they do not live at a certain address, their current residence shall be the commune-level administrative unit where they are living. Persons without permanent and temporary residences must declare information on their residence with the registration authority of the locality where their current residence is located.

2. Registration authorities shall provide instructions on residence information declaration based on the information fields in the national population database and residence database.

3. In case the person provided for in Clause 1 herein does not have their information recorded in the national population database and/or residence database, within 30 days starting from the date of receipt of declared information, the registration authority shall verify the information; for complicated cases, this time limit may be extended up to a total of 60 days.

4. In case the person provided for in Clause 1 herein has had their information recorded in the national population database and residence database, within 05 working days starting from the date of receipt of declared information, the registration authority shall verify the information.

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6. If there is any change to residence information, citizens must notify the registration authority to have their information in the national population database and residence database revised; and carry out the permanent or temporary residence registration procedures when eligible as per regulations of this Law.

7. The Government shall elaborate this Article.

Chapter IV

PERMANENT RESIDENCE REGISTRATION

Article 20. Conditions for permanent residence registration

1. Any citizen who has a lawful place of residence under their ownership may register that place as their permanent residence.

2. A citizen may register a lawful place of residence that is not under their ownership as their permanent residence with the permission of the household head and owner of such place in the following cases:

a) The citizen is someone who comes to live with their spouse; a child coming to live with their parent(s); or a parent coming to live with their child;

b) The citizen is an old person coming to live with their biological sibling or grandchild; or a person with very severe disability, a person with severe disability, a person who has lost work capacity, a person suffering from a mental illness or another disease that causes them to lose awareness or behavior control coming to live with their paternal grandparent(s), maternal grandparent(s), biological sibling, biological uncle, biological aunt, biological niece/nephew, biological grandchild or guardian;

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3. Excluding the cases mentioned in Clause 2 herein, a citizen may register a lawful place of residence that they rent, borrow or stay in as their permanent residence on the following conditions:

a) The owner of the lawful place of residence agrees to let the citizen register the location that they rent, borrow or stay in as their permanent residence and the household head agrees to let the citizen register the location as their permanent residence with the household;

b) The condition for minimum floor area stipulated by the provincial People’s Council is satisfied, which shall be more than 08 m² of floor/person.

4. A citizen may register a folk religious establishment or religious establishment with housing as an auxiliary work as their permanent residence in any of the following cases:

a) The citizen is involved in religious activities and is ordained, appointed to hold a position, selected to hold a hierarchical rank or transferred to carry out religious activities in the religious establishment;

b) The citizen represents the folk religious establishment;

c) The representative or management board of the folk religious establishment agrees to let the citizen register the establishment as their permanent residence for the citizen to oversee and organize religious activities in the establishment directly;

d) The representative or management board of the folk religious establishment or the head or representative of the religious establishment agrees to let the citizen, who is a child, person with very severe disability, person with severe disability or helpless person, register the establishment as their permanent residence.

5. A person receiving care or support may register their social support facility as their permanent residence with the permission of the facility head or register their caregiving household as their permanent residence with the permission of the household head and owner of the lawful place of residence.

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a) The person owns the vehicle or is permitted to register the vehicle as their permanent residence by the vehicle owner;

b) The vehicle has been registered as prescribed by law; if the vehicle does not require registration, the People's Committee of the commune where it frequently docks or parks must confirm that it is used for living purpose;

c) If the vehicle does not require registration or the vehicle registration place is not where it frequently docks or parks, the commune-level People's Committee must confirm that the vehicle has registered to dock or park in the commune frequently.

7. The permanent residence of a minor must be registered with the permission of either of their parents or their guardian, unless their place of residence is decided by the Court.

8. Citizens may not register the places mentioned in Article 23 of this Law as their new permanent residence, excluding the cases provided for in Point a Clause 2 of this Article.

Article 21. Application for permanent residence registration

1. Application for permanent residence registration for those mentioned in Clause 1 Article 20 of this Law includes:

a) Declaration of change to residence information;

b) Written proof of ownership of lawful place of residence.

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a) Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained;

b) Written proof of the consanguinity between the applicant and the household head and/or a household member, unless such information is already available in the national population database or the residence database;

c) Written proof of satisfaction of other conditions according to Points b and c Clause 2 Article 20 of this Law.

3. Application for permanent residence registration for those mentioned in Clause 3 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the household head and owner of the lawful place of residence that the applicant rents, borrows or stays in or authorized person, unless a written permission has been obtained;

b) Agreement or document on renting, borrowing or staying in the lawful place of residence notarized or certified as prescribed by law;

c) Written proof of sufficient floor area for permanent residence registration per the law.

4. Application for permanent residence registration for those mentioned in Points a, b and c Clause 4 Article 20 of this Law includes:

a) Declaration of change to residence information; for the persons mentioned in Point c Clause 4 Article 20 herein, this declaration must include the permission for permanent residence registration from the representative or management board of the folk religious establishment, unless a written permission has been obtained;

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c) Written confirmation from the commune-level People’s Committee that the folk religious establishment or religious establishment has housing as an auxiliary work;

5. Application for permanent residence registration for those mentioned in Point d Clause 4 Article 20 of this Law includes:

a) Declaration of change to residence information, including permission for permanent residence registration from the representative or management board of the folk religious establishment, or the head or representative of the religious establishment, unless a written permission has been obtained;

b) Written confirmation from the commune-level People's Committee that the applicant is among the persons mentioned in Clause 2 Article 17 herein and that the folk religious establishment or religious establishment has housing as an auxiliary work.

6. Application for permanent residence registration for those mentioned in Clause 5 Article 20 of this Law includes:

a) Declaration of change to residence information; if the applicant receives care from an individual or household, the declaration must include the permission for permanent residence registration from the head of the caregiving household and owner of the lawful place of residence of the caregiver or caregiving household or authorized person, unless a written permission has been obtained;

b) Application by the head of the social support facility if the applicant receives care and support from a social support facility;

c) Written confirmation of the care and support given.

7. Application for permanent residence registration for those mentioned in Clause 6 Article 20 of this Law includes:

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b) Vehicle registration certificate and inspection certificate for compliance with technical safety and environmental protection requirements of the vehicle or written confirmation from the commune-level People’s Committee that that vehicle is used for living purpose if the vehicle does not require registration;

c) Written confirmation from the commune-level People's Committee of the location in the commune where the vehicle has registered to dock or park frequently if the vehicle does not require registration or the vehicle registration place is not where it frequently docks or parks.

8. In case the applicants mentioned in Clauses 1, 2, 3, 4, 5, 6 and 7 herein are minors, the declaration of change to residence information must include the permission from either of their parents or guardian, unless a written permission has been obtained.

9. In case the applicants mentioned in Clauses 1, 2, 3, 4, 5, 6 and 7 herein are overseas Vietnameses who are holding Vietnamese citizenship, their applications must include an unexpired Vietnamese passport; otherwise, their applications must include another written proof of their Vietnamese citizenship and written permission for permanent residence registration from the immigration authority affiliated to the Ministry of Public Security.

10. The Government shall specify the written proofs of lawful place of residence and written proofs of consanguinity mentioned in this Article.

Article 22. Procedure for permanent residence registration

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

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

3. Within 07 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 permanent residence 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.

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Article 23. Locations not eligible for new permanent residence registration

1. Places of residence situated in locations or areas forbidden from construction or encroaching protection corridors for national defense and security, transport, irrigation, dikes and energy, protection markers for technical infrastructure works and ranked historical - cultural sites, areas at risk of landslides, flash floods and pipe floods, and protection areas for other works as prescribed by law.

2. Places of residence the whole floor area of which are located on illegally encroached land or places of residence located on land not eligible for construction as per the law.

3. Places of residence issued with a decision on land use right revocation and decision approving plan for compensation, assistance and relocation by the competent authority; places of residence being houses the whole or a part of floor area of which is subject to a dispute or complaint related to ownership or right of use unresolved as per the law.

4. Places of residence confiscated as decided by the competent authority; vehicles which are registered as permanent residences but the vehicle registration of which has been annulled or which do not possess the inspection certificate for compliance with technical safety and environmental protection requirements as per the law.

5. Places of residence being houses issued with a demolition decision by the competent authority.

Article 24. Annulment of permanent residence registration

1. Permanent residence registration of a person will be annulled in any of the following cases:

a) The person is deceased or declared missing or deceased by the Court;

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c) The person is issued with a decision on annulment of permanent residence registration according to regulations in Article 35 of this Law;

d) The person is absent from their permanent residence for 12 consecutive months or more without registering any other place of residence as their temporary one or declaring temporary absence, unless they go abroad for any purpose besides permanent residence or serve a sentence in a prison, rehabilitation center or correctional institution;

dd) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

e) The person registered the place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in that place for 12 months and yet to register a new permanent residence, excluding the cases provided for in Point h herein;

g) The person registered a lawful place of residence as their permanent residence but has transferred the ownership of this place to another person 12 months ago and yet to register a new permanent residence, unless the new owner agrees to let the person continue to rent, borrow or stay in this place and register it as their permanent residence and excluding the cases provided for in Point h herein;

h) The person registered a place of residence that they were renting, borrowing or staying in as their permanent residence but has stopped renting, borrowing or staying in this place and is no longer permitted to register it as their permanent residence by the person allowing them to rent, borrow or stay in it; or the person registered a place of residence under their ownership as their permanent residence but has transferred ownership of the place to another person and is not permitted to register it as their permanent residence by the new owner;

i) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their permanent residence.

2. The registration authority with which a person registers their permanent residence has the power to annul such registration and must specify the reason for and time of such annulment in the residence database.

3. The Government shall elaborate application and procedure for annulment of permanent residence registration.

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1. A household member may separate themselves from their household to register the lawful place of residence where their household resides as their permanent residence on the following conditions:

a) The separating member has full legal capacity; in case multiple members separate themselves from the household to form a new household, at least one of them must have full legal capacity;

b) The household head and owner of the lawful place of residence agree to this separation, excluding the case where the separating members are divorced spouses who both may use the lawful place of residence;

c) The permanent residence of the household is not among the cases provided for in Article 23 of this Law.

2. An application for household division includes a declaration of change to residence information, including permission for household division from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained.

For post-divorce household division mentioned in Point b Clause 1 herein, the application for household division includes a declaration of change to residence information and written proofs of the divorce and permission to continue using the lawful place of residence.

3. Procedure for household division:

a) The applicant submits an application containing the documents mentioned in Clause 2 herein to the registration authority;

b) Within 05 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the households related to the separation to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

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1. Residence information of a citizen shall be revised in the following cases:

a) Change of household head;

b) Change to information on their civil status, which is recorded in the residence database;

c) Change to the address of their place of residence recorded in the residence database due to change to administrative unit boundaries, administrative unit name, name of their street, neighborhood, village, commune or hamlet, or house number.

2. Application for revision of residence information for the cases in Points a and b Clause 1 of this Article includes:

a) Declaration of change to residence information;

b) Written proof of the change.

3. Procedure for revision of residence information:

a) For the case in Point a Clause 1 herein, a household member shall submit an application containing the documents mentioned in Clause 2 herein to the registration authority. Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall revise information on the household head in the residence database and notify the applicant of such revision; and provide a written explanation for the applicant if the application rejected;

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Within 03 working days starting from the date of receipt of an adequate and valid application, the registration authority shall revise civil status information in the residence database and notify the applicant of such revision; and provide a written explanation for the applicant if the application rejected;

c) For the case in Point c Clause 1 herein, registration authorities shall revise the information in the residence database.

Chapter V

TEMPORARY RESIDENCE REGISTRATION, STAY NOTIFICATION AND TEMPORARY ABSENCE DECLARATION

Article 27. Conditions for temporary residence registration

1. 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.

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

3. Citizens may not register the places mentioned in Article 23 of this Law as their new temporary residences.

Article 28. Applications and procedures for temporary residence registration and temporary residence extension

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a) 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;

b) Written proof of ownership of lawful place of residence.

2. 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.

3. 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 in Clauses 1 and 2 herein. 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 29. Annulment of temporary residence registration

1. Temporary residence registration of a person will be annulled in any of the following cases:

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b) The person is issued with a decision on annulment of temporary residence registration according to regulations in Article 35 of this Law;

c) The person is absent from their temporary residence for 06 consecutive months or more without registering another place of residence as their temporary residence;

d) The person is permitted to renounce their Vietnamese citizenship or stripped of their Vietnamese citizenship or has the decision on grant of Vietnamese citizenship annulled by the competent authority;

dd) Their temporary residence has been registered as their permanent residence;

e) The person registered the place of residence that they were renting, borrowing or staying in as their temporary residence but has stopped renting, borrowing or staying in that place and yet to register a new temporary residence;

g) The person registered a lawful place of residence as their temporary residence but has transferred ownership of this place to another person, unless the new owner agrees to let them continue to live in this place;

h) The person registers a place of residence that has been demolished or confiscated as decided by the competent authority or a vehicle the vehicle registration of which has been annulled as per the law as their temporary residence.

2. The registration authority with which a person registers their temporary residence has the power to annul such registration and must specify the reason for and time of such annulment in the residence database.

3. The Government shall elaborate application and procedure for annulment of temporary residence registration.

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1. When someone comes to stay with a household or at a healthcare establishment, tourist accommodation establishment or other types of lodging, a member of the household or the representative of the establishment shall notify the person’s stay with the registration authority; in case a person comes to stay in the place of residence of an absent individual or household, the person shall notify their stay with the registration authority.

2. Stay notification may be carried out in person, by phone or by electronic means or other means as per regulations from the Minister of Public Security.

3. A stay notification includes full name and identity card number or passport number of the staying person; stay reason; stay duration; and address of the hosting place.

4. Stay notification must be done before 11:00PM of the starting day of the stay period; if a person comes to stay after 11:00PM, their stay shall be notified before 08:00AM of the following day; biological siblings, children, spouse, parents and grandparents coming to stay multiple times only need to notify their stay once.

5. Stay notifications shall be recorded into stay receipt books.

Article 31. Temporary absence declaration

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

a) 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;

b) 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;

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d) 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.

2. Before leaving their places of residence, the persons mentioned in Points a and b Clause 1 herein 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.

The registration authority shall provide instructions for information to be declared and check this information. Within 01 working day starting from the date of receipt of an application for temporary absence declaration, the registration authority shall issue a document on temporary absence declaration to the applicant; for complicated cases, this time limit may be extended up to a total of 02 working days.

3. The persons mentioned in Points c and d Clause 1 herein 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 Point d Clause 1 herein is a minor, either of their parents or their guardian shall make the declaration.

4. The information to be declared includes full name and identity card number or passport number of the declarant; reason for temporary absence; temporary absence duration; and address of the declarant’s destination.

5. Registration authorities shall update temporary absence declaration information of citizens to the residence database and notify the declarants of such update upon request.

Chapter VI

RESPONSIBILITY FOR RESIDENCE MANAGEMENT

Article 32. Responsibility for state management of residence

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2. The Ministry of Public Security shall answer to the Government for state management of residence and perform the following tasks:

a) Formulate and promulgate legislative documents on residence within its competence or propose these documents to the Government for promulgation;

b) Direct and organize implementation of legislative documents on residence; organize residence registration and management throughout the country, update information on residence to the national population database and residence database;

c) Suspend implementation of or annul regulations on residence management that are inconsistent with regulations of this Law within its competence or propose such annulment to the competent authority;

d) Promulgate, print and manage declarations of change to residence information and documents, forms and books in relation to residence;

dd) Provide equipment; appoint officials in charge of residence management and provide training and refresher courses for them;

e) Produce state statistics on residence, summarize and conduct scientific research on residence management, and disseminate and educate on regulations on residence;

g) Inspect, settle complaints and denunciations, and handle violations against regulations on residence as prescribed by law;

h) Carry out international cooperation in residence management

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4. People’s Committees at all levels shall perform the following tasks within their competence:

a) Organize implementation of legislative documents on residence in their localities;

b) Direct cooperation between relevant regulatory bodies in residence management in their localities;

c) Organize dissemination of and education on regulations on residence;

d) Inspect, settle complaints and denunciations, and handle violations against regulations on residence as prescribed by law.

Article 33. Responsibilities of registration authorities

1. Openly post administrative procedures; provide guidance on regulations of law on residence for regulatory bodies, individuals and households; announce locations, phone numbers or other ways of receiving stay notification and temporary absence declaration.

2. Update information on citizens’ residence to the national population database and residence database.

3. Confirm residence information, announce results of procedures for permanent residence registration, temporary residence registration, temporary residence extension, information declaration, revision of information on residence, household division and temporary absence declaration in writing, via electronic messages or by other ways as stipulated by the Minister of Public Security.

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5. Handle propositions, complaints and denunciations of citizens concerning residence and residence management within their competence.

Article 34. Persons in charge of residence registration

1. Persons in charge of residence registration must be professionally qualified for their assigned tasks.

2. When fulfilling their duties, persons in charge of residence registration must have formal, respectful and polite manners, speech and gestures; receive and check relevant documents and adhere to the deadlines stated in regulations of this Law; if an application is incomplete or invalid, give detailed instructions in writing to the applicant and take responsibility before the law for this task.

Article 35. Annulment of permanent residence registration and temporary residence registration

In case where a responsible authority or individual carries out permanent or temporary residence registration ultra vires, for the wrong person or not in compliance with a condition provided for in this Law, the authority having done the registration or head of the supervisory body thereof shall issue a decision to annul the registration. The authority having done the registration shall notify the applicant and provide the reason in writing.

Article 36. Residence database

1. The residence database shall be developed for the purpose of state management of residence and be national property under the unified management of the Ministry of Public Security.

2. The residence database must be connected with the national population database and other databases as prescribed by law, and meet standards for databases as well as technical regulations and standards on information technology.

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a) Apply information technology to collect, store and process residence information in an adequate, timely and accurate manner; ensure data safety according to rules and database format;

b) Ensure safety of equipment for storage of information and documents on residence;

c) Protect cyber security and security of residence information on computer networks; ensure safety of information and documents stored in the residence database; prevent and control attacks, intrusion, information theft and destruction or damage to data on residence;

d) All access to the residence database aiming to change information on residence of citizens must be approved by the head of the registration authority or another competent authority;

dd) Regulatory bodies, organizations and individuals may not provide, exchange, copy or print information and documents from the residence database illegally.

4. The Government shall elaborate development, management and use of the residence database, information in the residence database and provision and exchange of information and documents from the residence database for/with regulatory bodies, organizations and individuals.

Chapter VII

IMPLEMENTATION CLAUSE

Article 37. Amendment to and annulment of some Articles of laws related to residence management

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“1. Information to be collected and updated includes:

a) Family name, middle name and first name given upon birth;

b) Date of birth;

c) Sex;

d) Place of birth registration;

dd) Native place;

e) Ethnicity;

g) Religion;

h) Nationality;

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k) Permanent residence;

l) Temporary residence;

m) Declaration of temporary absence;

n) Current residence;

o) Relationship with household head;

p) Blood type, available at the citizen's request and upon presentation of their blood type test result;

q) Family name, middle name and first name, identity card number and nationality of father, mother, spouse or legal representative;

r) Family name, middle name and first name, and identity card number of household head and household members;

s) Death or missing date.”.

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“7. “household holding health insurance policy” (hereinafter referred to as “household”) includes all of the persons who register one lawful place of residence as their permanent or temporary residence in compliance with regulations of law on residence.”.

3. Clauses 3 and 4 Article 19 of the Law on the Capital No. 25/2012/QH13 are annulled.

4. Point b Clause 1 Article 45 of the Law on Judicial Records No. 28/2009/QH12 is annulled.

Article 38. Implementation clauses

1. This Law takes effect from July 01, 2021.

2. The Law on Residence No. 81/2006/QH11, amended in accordance with the Law No. 36/2013/QH13, is annulled starting from the date on which this Law comes into force.

3. Starting from the date on which this Law comes into force, issued household registration books and temporary residence registers may continue to be used and are equivalent to written confirmations of residence per this Law until December 31, 2022 inclusive.

In case where information in a household registration book or temporary residence register differs from information in the residence database, the latter shall be used.

When a citizen carries out a residence registration procedure that changes information in their household registration book or temporary residence register, the registration authority shall revoke the issued household registration book or temporary residence register, update information in the residence database in compliance with regulations of this Law and not issue a new household registration book or temporary residence register or reissue the old household registration book or temporary residence register to the citizen.

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This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 10th session, on November 13, 2020.

THE CHAIRWOMAN OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan