Latest regulations on temporary residence and absence in 2023

Báo Quốc Tế•04/07/2023

A compilation of frequently asked questions about temporary residence and absence, updated in 2023.

Quy định về tạm trú, tạm vắng mới nhất 2023. (Nguồn TVPL)

The latest regulations on temporary residence and absence in 2023. (Source: TVPL)

What does "temporary residence" mean? What does "temporary absence" mean?

Based on the provisions of the Residence Law 2020, it can be understood that:

- Temporary residence refers to a citizen living for a certain period of time in a place other than their permanent residence and registering for temporary residence.

- Temporary absence refers to a citizen being absent from their place of residence for a specific period of time.

What documents are needed to register for temporary residence?

Based on the provisions of Articles 27 and 28 of the 2020 Residence Law and Article 5 of Decree 62/2021/ND-CP, citizens who come to live in a legal residence outside the administrative unit of the commune where they are registered as permanent residents for work, study, or other purposes for 30 days or more must register for temporary residence.

Temporary residence registration documents include:

- Declaration form for changes to residence information; for minors registering for temporary residence, the form must clearly state the consent of their parents or guardian, except in cases where written consent has already been obtained;

- One of the following documents proving legal residence:

+ 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;

+ A housing purchase contract or documents proving the handover and receipt of the housing unit from a business entity engaged in the investment and construction of housing for sale;

+ Documents relating to the purchase, lease-purchase, gift, inheritance, capital contribution, or exchange of housing in accordance with the provisions of the 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 (in areas without commune-level administrative units) confirming that there are no disputes over ownership of housing or land use rights, if none of the above-mentioned documents are available;

+ Documents proving vehicle registration and inspection. If the vehicle does not require registration or inspection, 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) is required, stating that the vehicle is used for residential purposes; a certificate of registration of the vehicle's regular parking location if the registered residence is not the same as the vehicle's registration location, or if the vehicle does not require registration or inspection;

+ Documents proving the legal lease, loan, or temporary occupancy of accommodation include lease, loan, or temporary occupancy agreements from agencies, organizations, or individuals that comply with the provisions of land and housing laws;

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

Note: Citizens are not permitted to register for new temporary residence at the addresses specified in Article 23 of the Residence Law 2020.

What are the cases where temporary residence permits are revoked?

According to Clause 1, Article 29 of the Residence Law 2020, a person who falls into one of the following categories will have their temporary residence registration canceled:

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

- A decision has been made to cancel the temporary residence registration as stipulated in Article 35 of the Residence Law 2020;

- Absent continuously from the temporary residence for 6 months or more without registering for temporary residence at another address;

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

- Registered as a permanent resident at the same place of temporary residence;

- Individuals who have registered for temporary residence at rented, borrowed, or shared accommodation but have terminated the rental, borrowing, or shared accommodation without registering for temporary residence at another location;

- A person who has registered for temporary residence at a legally owned dwelling but subsequently the ownership of that dwelling has transferred to another person, except in cases where the new owner agrees to allow them to continue living in that dwelling;

- Individuals registering for temporary residence at a dwelling that has been demolished or confiscated by a decision of a competent state authority, or at a vehicle whose registration has been cancelled according to the law.

Is it possible to register for temporary residence in two places?

According to Clause 4, Article 3 of the 2020 Residence Law, information on residence must be updated in the National Population Database and the Residence Database as prescribed by law; at any given time, each citizen can only have one permanent residence and may have one additional temporary residence.

Therefore, according to the above regulations, citizens are only allowed to register one permanent residence and one temporary residence.

Who is responsible for registering temporary residence, the landlord or the tenant?

- For Vietnamese citizens:

Article 27 of the 2020 Residence Law stipulates that citizens residing in a legal residence outside the commune-level administrative unit where they are registered as permanent residents for work, study, or other purposes for 30 days or more must register for temporary residence. The maximum temporary residence period is 2 years and can be extended multiple times.

Therefore, when renting a house, tenants have the obligation to declare and register their temporary residence according to the regulations mentioned above.

- For foreigners temporarily residing in Vietnam:

According to Article 33 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014, foreigners temporarily residing in Vietnam must register their temporary residence with the commune, ward, or town police station or police post where the accommodation facility is located, through the person directly managing or operating the accommodation facility.

When do citizens need to declare their temporary absence?

Citizens are responsible for declaring temporary absence in the following cases:

- Leaving the administrative boundaries of the commune where they reside for one day or more for defendants who are out on bail; persons sentenced to imprisonment but whose sentence has not yet been enforced, or who have been enforced but are out on bail, or whose sentence has been postponed or temporarily suspended; persons sentenced to imprisonment with a suspended sentence who are on probation; persons serving a probationary or non-custodial sentence; persons released from prison early on conditional terms who are on probation;

- Leaving the administrative boundaries of the commune where they reside for one day or more for individuals undergoing educational measures at the commune, ward, or town level; individuals subject to compulsory education, compulsory rehabilitation, or placement in a reformatory school but whose implementation is being postponed or temporarily suspended; and individuals under supervision while procedures are being considered and decided upon for the application of compulsory education, compulsory rehabilitation, or placement in a reformatory school.

- Leaving the administrative boundaries of the district where they reside for three consecutive months or more, for individuals of military service age or those currently performing other obligations to the State as decided by a competent state agency;

- Leaving the administrative boundaries of the commune where one is permanently residing for 12 consecutive months or more, for individuals not falling under the above-mentioned cases, except in cases where temporary residence has been registered at a new address or the person has emigrated abroad.

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