Question: I sold my house 1.5 years ago and my permanent residence registration was removed. When my permanent residence is removed, will my Citizen Identification Card (CCCD) be revoked or will I have to make a new CCCD?
Reply:
Clause 1, Article 24 of the 2020 Law on Residence stipulates the cancellation of permanent residence registration as follows:
1. People in one of the following cases will have their permanent residence registration deleted:
a) Death; there is a court decision declaring missing or dead;
b) Going abroad to settle;
c) There has been a decision to cancel permanent residence registration as prescribed in Article 35 of this Law;
d) 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 reform school;
d) 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;
e) 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;
g) A person who has registered permanent residence at a legal residence but then the ownership of that 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 residence, except in cases where the new owner agrees to continue renting, lending, letting the person stay and allowing permanent residence registration at that residence or in the case specified in Point h of this Clause;
h) 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;
i) 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, your permanent residence has been removed according to the provisions of Point g, Clause 1, Article 24, Law on Residence 2020: A person who has registered permanent residence at a legal residence but then the ownership of that 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 residence, except in cases where the new owner agrees to continue renting, lending, letting you stay and allowing you to register permanent residence at that residence or agrees to keep the permanent residence registration at that residence.
Meanwhile, Clause 1, Article 23 of the Law on Citizen Identification stipulates: Citizen Identification Cards shall be revoked in cases where citizens are deprived of their Vietnamese nationality, lose their Vietnamese nationality, or have their decision to grant Vietnamese nationality revoked.
In the near future, the draft Law on Identification, which has just been passed by the National Assembly and will take effect from July 1, 2024, will add two more cases of ID card revocation: ID cards issued in violation of regulations; ID cards that have been erased or modified.
Thus, in case of permanent residence cancellation, the CCCD will not be revoked. Your ID card is still valid as usual. However, the national population data system will show that your permanent residence registration has been cancelled.
Minh Hoa (t/h)
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