Chương V Luật cư trú 2020: Đăng ký tạm trú, thông báo lưu trú, khai báo tạm vắng

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.