Does the head of household have the right to delete the permanent residence registration of the person staying with them?

A reader asks: Previously, I allowed a nephew to live with me and register his permanent residence at my address. He hasn't lived with me for many years now. Can I now remove his permanent residence registration from my address? What are the legal circumstances under which permanent residence registration can be removed, and what is the procedure for doing so?

Lawyer Le Van Hoan replied: According to Clause 1, Article 24 of the 2020 Residence Law, which stipulates the cases in which permanent residence registration is cancelled, some of these cases are as follows:

Persons who are continuously absent from their permanent residence for 12 months or more without registering for temporary residence at another address or without declaring temporary absence, except in cases of leaving the country but not for the purpose of settling abroad or in cases of serving a prison sentence, undergoing compulsory placement in a facility, compulsory rehabilitation in a facility, or placement in a reformatory school;

A person who registered their permanent residence at a rented, borrowed, or shared accommodation but has since terminated the rental, borrowing, or shared accommodation, and has not yet registered their permanent residence at a new accommodation within 12 months of the termination date;

A person who has registered their permanent residence at a rented, borrowed, or shared accommodation but has terminated the rental, borrowing, or shared accommodation arrangement and the landlord, lender, or host does not agree to retain the permanent residence registration at that accommodation;…

Therefore, in your nephew's case, he/she had registered permanent residence at a place he/she was staying with but has since stopped staying there and the person who provided the accommodation does not agree to let him/her retain the permanent residence registration at that place. This falls under the category of permanent residence registration being cancelled.

Regarding procedures, the cancellation of permanent residence registration is carried out according to the regulations in Article 7 of Decree 62/2021. Accordingly, within seven days from the date a household has a member whose permanent residence registration is subject to cancellation, the person subject to cancellation or the household representative is responsible for submitting the cancellation application to the residence registration agency.

The application for deregistering permanent residence includes: a declaration form for changing residence information and documents proving that the applicant falls under one of the eligible categories for deregistering permanent residence.

The agency that registered the permanent residence has the authority to cancel the permanent residence registration and must clearly state the reason and time of cancellation in the Residence Database.

Therefore, if you want to remove your grandchild's permanent residence registration from your house, which you previously allowed them to stay in, you must go to the police station to complete the permanent residence registration removal procedure. Regarding the procedure, you need to fill out the residence information change form and provide documents proving the termination of the rental, borrowing, or temporary residence arrangement.

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