What to do to avoid having your permanent residence registration deleted while away from home?

I am from Nghe An, currently a second-year student at a university in Ho Chi Minh City. Due to my studies and to save money, I only return to my hometown during Tet. In Ho Chi Minh City, I occasionally change my accommodation, sometimes the landlord registers my temporary residence and sometimes they do not. So in my case, will my permanent residence registration in Nghe An be removed? What do I need to do to avoid having my permanent residence registration removed?

Reader Le Loc.

Consulting attorney

Lawyer Hoang Kim Minh Chau (Director of CBM & Associates Law Firm) advises that citizens have the right to freely choose and decide their place of residence, and this right is protected by law. Only in some special cases is residence restricted when there is a decision of a competent state agency applicable to each specific individual.

Làm gì để không bị xóa đăng ký thường trú khi vắng nhà? - Ảnh 1. — Attorney Hoang Kim Minh Chau

According to the provisions of Point d, Clause 1, Article 24 of the Law on Residence, if you are absent from your place of permanent residence (Nghe An) for 12 months or more, without registering for temporary residence at your new place of residence or without declaring your temporary absence, your permanent residence registration will be deleted.

Therefore, to avoid having your permanent residence registration removed from your place of permanent residence, you need to do one of the following:

First, temporary residence registration. When you move to another locality to live, study and work for 30 days or more, you must register for temporary residence at the locality where you registered to live (Clause 1, Article 27 of the Law on Residence). The maximum temporary residence period is 2 years and can be extended many times. Specifically, when you move to Ho Chi Minh City to study, you must register for temporary residence at the residence registration agency, which is the police station at the commune (ward) level, where you plan to live (Clause 4, Article 2 of the Law on Residence).

Second, if you do not register for temporary residence, you must declare your temporary absence at your place of permanent residence according to the provisions of Point d, Clause 1, Article 31 of the Law on Residence. That is, You need to declare temporary absence at the place where you registered your permanent residence (Nghe An) before moving to Ho Chi Minh City to study. When declaring temporary absence, every 12 months from the date you first registered temporary absence, you need to re-register at the commune or ward police station.

For temporary registration, usually The owners of the boarding houses collect the records of the tenants at once to register temporary residence at the same time. In case you do not If you are registered for temporary residence by the landlord, you can submit your application to the residence registration office where you want to reside.

In addition, temporary residence registration has been "digitalized" through the public service portal or other electronic means prescribed by the Ministry of Public Security or you register via phone, VneID app, the Government of Vietnam (Article 31 of the Law on Residence and Article 3 of Circular No. 55/2021 of the Ministry of Public Security detailing a number of articles and measures to implement the Law on Residence).

So, to avoid having your permanent residence registration deleted, you can choose one of two ways: register for temporary residence at your new place of residence or declare temporary absence (possibly by phone) at your place of permanent residence.

Temporary residence registration file includes:

- Application form for change of residence information.

- Documents proving legal residence (such as rental, borrowing, or temporary accommodation contracts or documents proving personal relationship with the head of household...).

- Identity documents (valid ID card, Passport).

- Method: online or in person.

Then you go to the ward police to do the procedure or do it at the National Public Service Portal. This will help you avoid having your permanent residence registration deleted.

Source link