When to declare? Where to declare?

I would like to ask in which cases citizens must carry out the temporary absence declaration procedure? Where will this procedure be carried out, through what form? – Reader Thu Trang

Khai báo tạm vắng 2024: Khi nào phải khai báo? khai báo ở đâu?

Temporary absence declaration 2024: When must it be declared?

Temporary absence declaration is an administrative procedure related to citizens' residence registration.

If citizens fall into the following cases, they must be responsible for declaring temporary absence according to regulations:

(i) Leaving the commune-level administrative unit where they reside for 01 day or more for suspects and defendants who are on bail; people sentenced to imprisonment but have not yet had a decision to execute the sentence or have had a decision to execute the sentence but are on bail or have had their sentence postponed or temporarily suspended; people sentenced to imprisonment with a suspended sentence who are on probation; people serving a sentence of probation or non-custodial reform; people released from prison early on conditional terms who are on probation;

(ii) Leaving the commune-level administrative unit where they reside for 01 day or more for people who are serving educational measures at the commune, ward or town level; people who must serve measures of compulsory education, compulsory drug rehabilitation, or reformatory school but are having their execution postponed or temporarily suspended; people who are under management during the time of procedures for consideration and decision to apply measures of compulsory education, compulsory drug rehabilitation, or reformatory school;

(iii) Leaving the district-level administrative unit where they reside 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 the decision of a competent state agency;

(iv) Leaving the commune-level administrative unit of permanent residence for 12 consecutive months or more for people not falling under the cases specified in (i), (ii) and (iii), except for those who have registered temporary residence at the new place of residence or have left the country.

(Clause 1, Article 31 of the 2020 Law on Residence)

Where do citizens declare temporary absence?

Depending on the above case, citizens will go to the competent authority to carry out the procedure for declaring their temporary absence.

Specifically, if falling under cases (i) and (ii) above, before leaving the place of residence, the citizen must go to the residence registration office where he/she resides to declare temporary absence; when going to declare temporary absence, he/she must submit a request for temporary absence declaration and a written consent from the competent authority to supervise, manage and educate that person.

The residence registration agency shall then be responsible for providing guidance and checking the declared content. Within 01 working day from the date of receipt of the request for temporary absence declaration, the residence registration agency shall issue a temporary absence declaration form to the citizen; in complicated cases, the processing time may be longer but not more than 02 working days.

If you fall into cases (iii) and (iv), you can declare your temporary absence through the forms prescribed in Clause 1, Article 16 of Circular 55/2021/TT-BCA, specifically as follows:

+ Directly at the residence registration office or at the temporary absence declaration receiving location specified by the residence registration office;

+ Telephone number or email address announced or posted by the residence registration authority;

+ Electronic information page of the residence registration agency or via the National Public Service Portal, the Ministry of Public Security Public Service Portal, the Residence Management Public Service Portal;

+ Application on electronic devices.

At that time, the residence registration agency is responsible for notifying or publicly posting the location, phone number, email address, website address of the residence registration agency, the National Public Service Portal, the Ministry of Public Security Public Service Portal, the Residence Management Public Service Portal, and the application name on the electronic device receiving temporary absence declarations.

If the person is a minor and falls under case (iv), the person making the declaration will be the father, mother or guardian.

When making a declaration, citizens must accurately provide the following information:

- Full name;

- Personal identification number or ID card number, passport number of the person declaring temporary absence;

- Reason for temporary absence;

- Temporary absence;

- Destination address.

(Clause 2, 3, 4, Article 31 of the 2020 Law on Residence)

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