The latest regulations on temporary residence and temporary absence 2023

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

What is temporary residence? What is a temporary absence?

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

Temporary residence means a citizen coming to live for a certain period of time in a place other than his/her permanent residence and having a temporary residence registration.

Temporary absence means a citizen's absence from his/her place of residence for a certain period of time.

What documents are required for temporary residence registration?

Pursuant to the provisions of Articles 27 and 28 of the Law on Residence 2020, Article 5 of Decree 62/2021/ND-CP, citizens come to live in lawful accommodation outside the commune-level administrative unit where they have registered. If you reside permanently for work, study or other purposes for 30 days or more, you must register for temporary residence.

A dossier for temporary residence registration includes:

– Declaration of change of residence information; for minors, the declarations must clearly state the consent of the parents or guardians, unless written consent has been obtained;

– One of the following papers and documents proving lawful residence:

+ Papers and documents certifying the land use rights, ownership of houses or land-attached assets issued by competent agencies (including information about houses);

+ Construction permit according to the provisions of the law on construction (in case the work requires a construction permit and has been completed);

+ Contracts for purchase and sale of state-owned houses or papers on the price of liquidation of state-owned houses;

+ Contract of house purchase or documents proving the handover of houses or receipt of houses from enterprises having the function of doing business in housing investment and construction for sale;

+ Papers on purchase, lease-purchase, donation, inheritance, capital contribution, or exchange of houses in accordance with the law on land and housing;

+ Papers on handing over houses of gratitude, houses of compassion, houses of great solidarity, granting houses and residential land to individuals and households;

+ Papers of the court or a state administrative agency competent to handle house ownership have taken legal effect;

+ Papers certified by the People's Committee of the commune or the People's Committee of the district where there is no commune-level administrative unit for housing or residential land, and there is no dispute over house ownership or residential land use rights. if one of the above documents is not available;

+ Papers proving the registration and registration of vehicles under ownership. In case the vehicle is not subject to registration or registration, it is necessary to obtain a certification from the People's Committee of the commune or the People's Committee of the district where there is no commune-level administrative unit that the vehicle is used for living; Certificate of registration of the place where the vehicle is regularly parked, if the registered place of residence is not the place where the vehicle is registered or the vehicle is not required to be registered or registered;

Papers and documents evidencing the lawful rental, lending or accommodation permitting are documents on lease, lending or accommodation by an agency, organization or individual in accordance with the provisions of the law. land and housing law;

+ Papers of the agency or organization signed and stamped by the head of the agency or organization evidencing the grant and use of a house, transfer of a house, or having a house built on the land owned by the agency or organization. organize the allocation of land for housing (for houses, land under the management competence of agencies or organizations).

Note: Citizens are not allowed to register a new temporary residence at the place of residence specified in Article 23 of the Law on Residence 2020.

Cases of temporary residence deletion?

Pursuant to Clause 1, Article 29 of the Law on Residence 2020, a person who falls into one of the following circumstances will have their temporary residence registration removed:

- Die; there is a court decision declaring him missing or dead;

– There has been a decision to cancel the temporary residence registration as prescribed in Article 35 of the Law on Residence 2020;

- Being absent from a temporary residence for 06 months or more without registering temporary residence at another place of residence;

- Having been granted Vietnamese citizenship by a competent authority, revoked Vietnamese nationality, or revoked the decision on granting Vietnamese nationality;

- Has been registered for permanent residence at the place of temporary residence;

- Persons who have registered for temporary residence at the accommodation due to renting, borrowing or staying over but have stopped renting, borrowing or staying over without registering temporary residence at another place of residence;

– Persons who have registered for temporary residence at a lawful place of residence but then the ownership of that place has been transferred to another person, unless the new owner agrees to continue living there;

Persons registering temporary residence at places of residence that have been demolished or confiscated under a decision of competent state agencies or at vehicles whose vehicle registration has been deregistered as prescribed by law.

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

According to Clause 4, Article 3 of the Law on Residence 2020, residence information must be updated in the national database on population, database on residence according to the provisions of law; At a time, each citizen has only one permanent place of residence and can have an additional temporary residence.

Thus, according to the above provisions, citizens can only register one place of permanent residence and one place of temporary residence.

Do landlords or tenants have to register for temporary residence?

- For Vietnamese citizens:

Article 27 of the Law on Residence 2020 stipulates that citizens who come to live at a lawful place of residence outside the commune-level administrative unit where they have registered their permanent residence to work, study or for other purposes for 30 days or more. temporary residence registration is required. The maximum temporary stay is 02 years and can be extended for many times.

Thus, when renting a house, the tenant is obliged to declare and register for temporary residence according to the above provisions.

– For foreigners temporarily residing in Vietnam:

According to the provisions of Article 33 of the Law on entry, exit, transit and residence of foreigners in Vietnam 2014, foreigners temporarily residing in Vietnam must go through a person who directly manages and administers the operation of the agency. accommodation to declare temporary residence to the police station of the commune, ward, township or the police station or station where the accommodation establishment is located.

When do citizens have to declare their temporary absence?

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

- Leaving the commune-level administrative unit where he is currently residing for 01 day or more for the accused or defendants on bail; a person sentenced to prison but has not yet had a judgment enforcement decision or has a judgment enforcement decision issued but is on bail or has been granted a postponement or suspension of sentence execution; the person sentenced to prison is entitled to a suspended sentence while on probation; persons who are serving sentences of probation or non-custodial reform; the person who is released from prison before the conditional term is under probation;

- Leaving the commune-level administrative unit where they are currently residing for 01 day or more, for people who are serving the measure of education in communes, wards or townships; persons subject to the measure of sending to a compulsory education institution, sending to a compulsory detoxification establishment or sending to a reformatory but having their execution postponed or temporarily suspended; the person under management during the time of carrying out the procedures for considering and deciding to apply the measure of sending to a compulsory education institution, to a compulsory detoxification establishment, to a reformatory;

- Leaving the district-level administrative unit where they are currently residing for 03 consecutive months or more, for people of military service age or people who are required to perform other obligations to the State according to decisions. regulations of competent state agencies;

- Leaving the commune-level administrative unit where they permanently reside for 12 consecutive months or more, for persons not in the above cases, unless they have registered for temporary residence at a new place of residence or have gone abroad. .