Luật cư trú sửa đổi năm 2013 số 36/2013/QH13

LAW

ON AMENDMENTS TO THE LAW ON RESIDENCE

Pursuant to the Constitution of Socialist Republic of Vietnam 1992, amended in the Resolution No. 51/2001/QH10;

The National Assembly issues the Law on amendments to the Law on Residence No. 81/2006/QH11.

Article 1.

Amendments to the Law on Residence:

1. Clause 8 Article 8 is amended; Clause 10 and Clause 11 are added to Article 8 as follows:

 “8. Renting, leasing, forging, falsifying household registration books, temporary residence books, and other residence papers; using fake residence papers; providing false information or documents about residence; forging conditions for registration of permanent residence.”

 “10. Granting residence registration in the full knowledge that the applicants do not live there.

11. 11. Registering other people in the household registration book for self-seeking purposes while they are not living there.”

2. Article 20 is amended as follows:

 “Article 20: Conditions for registration of permanent residence in central-affiliated cities

Citizens falling into one of the cases below are eligible for registration of permanent residence in central-affiliated cities

1. The citizen must have a lawful residence for at least one year when registering in a district or town of a central-affiliated city, or for at least two years when registering in a district of a central-affiliated city;

2. The citizen is accepted by a holder of the household registration book in one of the cases below:

a) A wife moves in her husband; a husband moves in with his wife; a child moves in with parent; a parent moves in with children;

b) A person at a retirement age, a retired person or unemployed person that moves in with his or her brother or sister;

c) A disabled person, a person incapable of working, a person, who has mental illness or other illness that causes the loss of awareness or the ability to control behaviors, moves in with his or her brother, sister, aunt, uncle, or guardian;  

d) A parentless juvenile, or a juvenile, whose parents are not able to provide for them, moves in with his or her grandparent, brother, sister, aunt, uncle, or guardian;

dd) A single adult moves in with his or her grandparent, brother, sister, aunt, or uncle;

e) A grandparent moves in with his or her grandchildren;

3. A citizen who is sent to or employed by an organization which is paid by the State budget, or works under an indefinite contract, and has a lawful residence;

4. A citizen who registered a permanent residence in a central-affiliated city and returns to his or her legal residence;

5. The people that fall into the cases in Clauses 1, 3, and 4 of this Article register their legal residence that is rented or lent by another organization or individual must satisfy the conditions below:

a) The average area is conformable with the regulations of the People’s Council of the city;

b) The conformity of average area is certified by the People’s Committee of the commune or town;

c) The renter or lender makes a written agreement;

6. The registration of permanent residence in Hanoi shall comply with Clause 4 Article 19 of the Law on The Capital.”

3. Clause 1 Article 23 is amended as follows:

 “1. When a person who has a permanent residence moves from his or her lawful residence to a new lawful residences and meet the conditions for permanent residence registration, that person is responsible for following the procedure for changing the permanent residence within 12 months.

4. Clause 4 Article 30 is amended as follows:

 “4. The Chief of the Police Department of the commune or town shall issue the temporary residence book within 3 working days from the day on which the papers mentioned in Clause 3 of this Article are received.

The temporary residence book is issued to a households or individual that registered their temporary residence, used to identify citizens’ temporary residence, and valid for 24 months. Within 30 days before the expiry date, citizens shall apply for the extension at the Police Department that issued the temporary residence book.

The temporary residence book shall be adjusted in accordance with Article 29 of this Article. Damaged temporary residence books shall be replaced; lost temporary residence books shall be reissued. The temporary residence must be registered again when a citizen moves to another commune or town.”

5. Clause 2 Article 31 is amended as follows:

 “2. Representatives of households, tenements, medical facilities, hotels, guesthouses, and other facilities are entitled to inform the Police Department of the commune or town of the guests that stay. When a visitor stays at a house, of which the owner has not registered for permanent residence, he or she shall register the stay with the Police Department of the commune or town. The stay registration shall by made by phone or online. Police Departments of communes and towns shall announce the locations, website address, and telephones where registration of stay is received.”

Article 2.

This Law takes effect on January 01, 2014.

This Law is passed by the 13^th National Assembly of the Socialist Republic of Vietnam in the 5^th session on June 20, 2013

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