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Selling house and moving to another place, will permanent residence registration be deleted?

Báo Quốc TếBáo Quốc Tế19/11/2023


I would like to ask if selling my house and moving elsewhere will result in the cancellation of my permanent residence registration? - Reader Duc Long
Bán nhà chuyển đi nơi khác, có bị xoá đăng ký thường trú không?

1. If I sell my house and move elsewhere, will my permanent residence registration be cancelled?

According to Article 24 of the 2020 Residence Law, the following cases result in the cancellation of permanent residence registration:

- Death; a court decision declaring the person missing or deceased;

- Go abroad to settle;

- A decision has been made to cancel permanent residence registration in cases where the agency or person responsible for permanent or temporary residence registration acted outside their authority, or registered the wrong individuals or conditions;

- Continuous absence from the place of permanent residence for 12 months or more without registering temporary residence at another place of residence or without declaring temporary absence, except in cases of leaving the country but not for settlement or in cases of serving a prison sentence, serving a measure of compulsory education , compulsory drug rehabilitation, or compulsory education;

- Having been granted Vietnamese citizenship by a competent authority, having Vietnamese citizenship revoked, or having the decision to grant Vietnamese citizenship annulled;

- Individuals who have registered permanent residence at rented, borrowed, or shared accommodation but have terminated the rental, borrowing, or shared accommodation arrangement and have not registered permanent residence at a new accommodation within 12 months from the date of termination, except in cases stipulated in point h of this clause;

- A person who has registered permanent residence at a legal place of residence but then the ownership of that place of residence has been transferred to another person and after 12 months from the date of transfer of ownership has not yet registered permanent residence at the new place of residence, except in cases where the new owner agrees to continue renting, lending, letting the person stay and allowing permanent residence registration at that place of residence or agrees to keep the permanent residence registration at that place of residence;

- A person who has registered permanent residence at a rented, borrowed, or shared accommodation but has terminated the rental, borrowing, or shared accommodation and has not received the consent of the lessor, lender, or shared accommodation provider to keep the permanent residence registration at that accommodation; a person who has registered permanent residence at a accommodation under his/her ownership but has transferred ownership of the accommodation to another person and has not received the consent of the new owner to keep the permanent residence registration at that accommodation;

- A person who was registered as a permanent resident at a dwelling that has been demolished or confiscated by a decision of a competent state agency, or at a vehicle whose registration has been cancelled according to the law.

Therefore, a person who has registered permanent residence at a legally owned residence but whose ownership of that residence has subsequently transferred to another person and who, after 12 months from the date of transfer of ownership, has not registered permanent residence at the new residence, will have their permanent residence registration cancelled.

Unless the new owner agrees to continue renting, lending, allowing occupancy, and permitting permanent residency registration at that property, or agrees to retain permanent residency registration at that property;

2. Documents for transferring household registration to a new address.

* Application for permanent residency at a home owned by oneself:

- Declaration form for changes to residence information;

- Documents proving legal ownership of the residence, including one of the following types of documents:

+ Documents certifying land use rights, house ownership rights, or property attached to the land, issued by competent authorities (including information about the house);

+ Construction permit as prescribed by law on construction (for cases where a construction permit is required and the construction has been completed);

+ Contracts for the sale and purchase of state-owned housing or documents regarding the valuation and liquidation of state-owned housing;

+ Contract for purchasing a house or documents proving the handover or receipt of the house from the enterprise with the function of trading in housing investment and construction for sale;

+ Documents on purchase, hire-purchase, donation, inheritance, capital contribution, and exchange of housing in accordance with the provisions of law on land and housing;

+ Documents regarding the donation of houses of gratitude, houses of compassion, houses of solidarity, and the allocation of housing and land to individuals and households;

+ Documents from the Court or competent state administrative agency granting ownership of the house that have become legally effective;

+ Documents certified by the People's Committee at the commune level or the People's Committee at the district level where there is no commune-level administrative unit on housing and residential land with no disputes over housing ownership or land use rights if one of the above documents is not available;

+ Documents proving the registration and inspection of the vehicle under ownership. In case the vehicle does not need to be registered or inspected, there must be confirmation from the People's Committee at the commune level or the People's Committee at the district level where there is no commune-level administrative unit that the vehicle is used for residence; Certificate of registration of the place where the vehicle is regularly parked if the place of residence is not the place where the vehicle is registered or the vehicle does not need to be registered or inspected;

+ Documents and papers proving the legal rental, lending, or accommodation are rental, lending, or accommodation documents of agencies, organizations, or individuals in accordance with the provisions of law on land and housing;

+ Documents of agencies and organizations signed and stamped by the head of the agency or organization proving the granting, use of housing, transfer of housing, and having housing built on land allocated by the agency or organization for housing (for housing and land under the management authority of the agency or organization).

* Documents required for registering permanent residence in rented, borrowed, or shared accommodation:

- A declaration form for changes to residence information, clearly stating the consent of the head of the household, the legal owner of the residence, or an authorized representative, except in cases where written consent has already been obtained;

- Contracts/documents regarding rental, lending, or temporary occupancy that have been notarized or authenticated;

- Documents proving sufficient housing area for permanent residency registration as per regulations include:

Certificate of land use rights and house ownership showing information on the area of ​​the house in use or confirmation from the People's Committee at the commune level or the People's Committee at the district level where there is no commune-level administrative unit on the average area condition guaranteed according to the regulations of the People's Council of the province or centrally run city.

(Article 21 of the Residence Law 2020, Article 5 of Decree 62/2021/ND-CP)

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