Tải về toàn văn Luật cư trú 2020 tiếng Anh - Law on residence of Vietnam TẠI ĐÂY
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THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 68/2020/QH14 |
Hanoi, November 13, 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
For the purposes of this Law, the terms below shall be construed
as follows:
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.
10. “current place of residence” (hereinafter referred to
as “current residence”) means the place of permanent or temporary residence
where a citizen lives on a regular basis; if the citizen has no place of
permanent or temporary residence, the place where they are living shall be
their current place of residence.
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:
a) Persons banned from leaving their place of residence or temporarily
detained by presiding officers or presiding authorities; convicts yet to
receive the sentence enforcement decision or having received the sentence
enforcement decision but out on bail or granted suspension of sentence
enforcement; convicts undergoing probation; persons serving a custodial
sentence, imposed a residence ban, under mandatory supervision or serving a
community sentence; and persons on parole;
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 separation 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
The Socialist Republic of Vietnam shall promote international
cooperation in residence management in compliance with Vietnamese law and
international law; and apply conventions related to residence management to
which the Socialist Republic of Vietnam is a signatory.
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.
9. Forge a document or data on residence; use a
forged document or data on residence; provide inaccurate information or
document on residence; make a false declaration or forge a document for
permanent or temporary residence registration; buy, sell, hire, lease, borrow,
lend, destroy, pawn or receive a document on residence as collateral.
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.
3. Use information on their residence in the
national population database, and have residence information verified by
registration authorities across the country regardless of their places of
residence when requesting.
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
1. Persons living together in a lawful place of
residence and related by blood (paternal grandparents, maternal grandparents, parents,
spouse, children and biological siblings, nieces, nephews and grandchildren)
may register that place as their permanent or temporary residence as one
household.
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
1. The place of residence of a citizen includes a
permanent residence and/or a temporary residence.
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.
2. Spouses may have different places of residence
as agreed upon or in accordance with relevant regulations of law.
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
1. The place of residence of persons involved in
folk religious practices, monastics dignitaries, sub-dignitaries and other
persons involved in religious practices living in folk religious establishments
or religious establishments shall be those folk religious establishments or
religious establishments, excluding cases whose places of residence are located
differently according to regulations of this Law.
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.
5. After verifying, the registration authority
shall update information on the declarant's current residence and other
information into the national population database and residence database and
notify the declarant of such update.
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;
c) The citizen is a minor coming to live with their
great-grandparent(s), paternal grandparent(s), maternal grandparent(s),
biological sibling, biological uncle or biological aunt with the permission of
their parent or guardian or if they have no parent; or a minor coming to live
with their guardian.
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.
6. A person living or working on a vehicle on an
itinerant basis may register the vehicle as their permanent residence on the
following conditions:
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.
2. Application for permanent residence registration
for those mentioned in Clause 2 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 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;
b) Written proof that the applicant is a monastic, dignitary or
sub-dignitary or is involved in religious activities and is working in the
religious establishment in compliance with regulations of laws on folk
religions and religions if the applicant is among the persons mentioned in
Point a Clause 4 Article 20 herein; or written proof that the applicant is the
representative of the folk religious establishment if they are among the
persons mentioned in Point b Clause 4 Article 20 herein;
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:
a) Declaration of change to residence information; if the
applicant is not the vehicle owner, the declaration must include the permission
for permanent residence registration from the vehicle owner or authorized
person, unless a written permission has been obtained;
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.
4. A person who has registered their permanent
residence but is moving to another lawful place of residence and is eligible
for permanent residence registration shall register their new place of
residence as their permanent residence according to regulations of this Law
within 12 months starting from the date upon which they become eligible.
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;
b) The person resides overseas permanently;
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.
Article 25. Household separation
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 separation includes
a declaration of change to residence information, including permission for
household separation 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 separation mentioned in Point b Clause
1 herein, the application for household separation 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 separation:
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.
Article 26. Revision of residence information in residence
database
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;
b) For the case in Point b Clause 1 herein, within 30 days
starting from the date of issuance of a decision on change to civil status
information by the competent authority, the person subject to such change shall
submit an application for revision of relevant information in the residence
database 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 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
1. Application for temporary residence registration
includes:
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:
a) The person is deceased or declared missing or deceased by the
Court;
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.
Article 30. Stay notification
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;
c) The citizen is of military conscription age or fulfilling other
obligations to the State as decided by the competent authority and leaves the
district-level administrative unit where they are residing for 03 consecutive
months or more;
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
1. The Government shall exercise the unified
state management of residence throughout the country.
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
3. Ministries and ministerial-level agencies shall
exercise state management of residence within their competence and as assigned
by the Government.
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 separation and temporary absence
declaration in writing, via electronic messages or by other ways as stipulated
by the Minister of Public Security.
4. Manage and retain documents on residence
registration and management and protect information on residence registration.
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.
3. Requirements for collection, storage,
processing, protection and use of data on residence:
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
1. Clause 1 Article 9 of the Law on Citizen
Identification No. 59/2014/QH13 is
amended as follows:
“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;
i) Martial status;
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.”.
2. Clause 7 Article 2 of the Law on Health
Insurance No. 25/2008/QH12, amended in accordance with the Law
No. 32/2013/QH13,
Law No. 46/2014/QH13,
Law No. 97/2015/QH13 and Law No. 35/2018/QH14, is amended as follows:
“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 family registries and temporary residence registries 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 family registry or temporary
residence registry 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 family registry or temporary residence registry,
the registration authority shall revoke the issued family registry or temporary
residence registry, update information in the residence database in compliance
with regulations of this Law and not issue a new family registry or temporary
residence registry or reissue the old family registry or temporary residence
registry to the citizen.
4. The Government, ministries, ministerial-level
agencies and other regulatory bodies shall review legislative documents
promulgated or to be promulgated by them and related to family registries
and/or temporary residence registries or providing for presentation of written
confirmations of residence to amend these documents in consistency with
regulations of this Law, and avoid naming information on places of residence as
a requirement for administrative procedures.
This Law was passed by the National Assembly of the Socialist Republic of Vietnam, 14th legislature, 10th session, on November 13, 2020.
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THE CHAIRWOMAN OF THE NATIONAL ASSEMBLY |
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