Can I ask if I sell my house and move to another place, will my permanent residence registration be deleted? - Reader Duc Long
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1. If I sell my house and move to another place, will my permanent residence registration be deleted?
According to Article 24 of the 2020 Law on Residence, the following cases will have their permanent residence registration deleted:
- Death; there is a court decision declaring missing or dead;
- Go abroad to settle down;
- There has been a decision to cancel permanent residence registration in case the agency or person responsible for performing permanent residence registration or temporary residence registration is not within the authority, subject 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 reformatory school;
- Has been given permission by a competent authority to renounce Vietnamese nationality, have Vietnamese nationality revoked, or have the decision to grant Vietnamese nationality revoked;
- A person who has registered permanent residence at a rented, borrowed, or temporarily rented accommodation but has terminated the rental, borrowing, or temporary stay and has not yet registered permanent residence at a new accommodation within 12 months from the date of termination of the rental, borrowing, or temporarily rented accommodation, except for the case specified 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 allows 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 temporarily rented accommodation but has terminated the rental, borrowing, or temporarily rented accommodation and has not received the consent of the lessor, lender, or temporary tenant 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 has registered permanent residence at a place of residence that has been demolished or confiscated by decision of a competent state agency or at a vehicle that has had its vehicle registration removed according to the provisions of law.
Thus, a person who has registered permanent residence at a legal residence but then the ownership of that residence is transferred to another person and after 12 months from the date of transfer of ownership has not yet registered permanent residence at the new residence will have his/her permanent residence registration removed.
Except in cases where the new owner agrees to continue renting, lending, letting and registering permanent residence at that place of residence or agrees to keep permanent residence registration at that place of residence;
2. Application for transferring household registration to new house
* Application for permanent residence at home owned by you:
- Application form for change of residence information;
- Documents proving legal ownership of accommodation using one of the following documents:
+ Papers and documents certifying land use rights, house ownership rights or assets attached to land issued by competent authorities (including information about housing);
+ Construction permit according to the provisions of the law on construction (for projects that require a construction permit and have been completed);
+ Contract for sale of state-owned housing or documents on liquidation valuation of state-owned housing;
+ Housing purchase contract or documents proving the handover or receipt of housing from an enterprise with the function of trading in housing invested in 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 on donating gratitude houses, charity houses, solidarity houses, granting housing and land to individuals and households;
+ Documents from the Court or competent state administrative agency resolving the ownership of the house that have come into legal effect;
+ 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 house 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 is not required to be registered or inspected, there must be confirmation 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 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 is not required 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 the law on land and housing;
+ Documents of agencies and organizations signed and sealed 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).
* Application for permanent residence at rented, borrowed, or shared house:
- Application form for change of residence information, clearly stating the consent of the head of household, legal owner of accommodation or authorized person, except in cases where there is written consent;
- Contract/document on lease, loan, or accommodation that has been notarized or certified;
- Documents and papers proving sufficient housing area to register permanent residence according to 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 2020 Law on Residence, Article 5 of Decree 62/2021/ND-CP)
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