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

Readers ask: Previously, I let a nephew stay with me and registered him in my house. This nephew has not lived in my house for many years now. So now I want to delete the permanent residence registration for this nephew at my home address. Is it possible? The law stipulates which cases will have permanent residence registration deleted and what are the procedures for deleting permanent residence registration?

Lawyer Le Van Hoan replied: According to Clause 1, Article 24 of the 2020 Law on Residence, cases of permanent residence registration cancellation are stipulated, including some cases as follows:

A person who is continuously absent from his/her 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 compulsory measure of being sent to a facility, being sent to a compulsory drug rehabilitation facility, or being sent to a reform school;

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;

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 the lessor, lender, or temporary host has not agreed to keep the permanent residence registration at that accommodation;…

Thus, in the case of your nephew, who has registered permanent residence at the place of temporary accommodation but has stopped staying there and the person who provided the accommodation has not agreed to keep the permanent residence registration at that place, he/she is in a case of having his/her permanent residence registration deleted.

Regarding procedures, the deletion of permanent residence registration is carried out according to the provisions of Article 7 of Decree 62/2021. Accordingly, within seven days from the date a household has a person subject to deletion of permanent residence registration, the person subject to deletion of permanent residence registration or the representative of the household is responsible for submitting the procedure for deletion of permanent residence registration to the residence registration authority.

The permanent residence registration deletion file includes: Application for change of residence information and documents proving one of the cases of permanent residence registration deletion.

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

Therefore, if you want to remove your nephew's permanent residence registration from your house that you previously let him stay in, you must go to the police station to complete the procedure to remove the permanent residence registration. Regarding the procedure, you fill in the application form for changing the residence information and provide documents and papers proving the termination of the rental, borrowing, or stay.

plo.vn

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