Latest regulations on temporary residence and temporary absence 2023

Summary of frequently asked questions about temporary residence and temporary absence, latest 2023.

Quy định về tạm trú, tạm vắng mới nhất 2023. (Nguồn TVPL)

Latest regulations on temporary residence and temporary absence 2023. (Source: TVPL)

What is temporary residence? What is temporary absence?

Based on the provisions of the 2020 Law on Residence, it can be understood that:

- Temporary residence is when a citizen comes to live for a certain period of time in a place other than their permanent residence and has registered for temporary residence.

- Temporary absence is when a citizen is absent from his or her place of residence for a certain period of time.

What documents are required for temporary residence registration?

Pursuant to the provisions of Articles 27 and 28 of the 2020 Law on Residence and Article 5 of Decree 62/2021/ND-CP, citizens who come to live at a legal residence outside the commune-level administrative unit where they have registered their permanent residence for work, study or other purposes for 30 days or more must register for temporary residence.

Temporary residence registration file includes:

- Application form for change of residence information; for temporary residence registrants who are minors, the application form must clearly state the consent of the father, mother or guardian, except in cases where written consent has been given;

- One of the following types of documents proving legal residence:

+ 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).

Note: Citizens are not allowed to register new temporary residence at the accommodation specified in Article 23 of the 2020 Law on Residence.

Cases of temporary residence removal?

Pursuant to Clause 1, Article 29 of the 2020 Law on Residence, people in one of the following cases will have their temporary residence registration deleted:

- Death; there is a court decision declaring missing or dead;

- There has been a decision to cancel temporary residence registration as prescribed in Article 35 of the 2020 Law on Residence;

- Continuous absence from temporary residence for 06 months or more without registering temporary residence at another place of residence;

- 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;

- Registered permanent residence at the temporary residence;

- People who have registered temporary residence at a rented, borrowed, or shared accommodation but have terminated the rental, borrowing, or shared accommodation without registering temporary residence at another accommodation;

- A person who has registered temporary residence at a legal place of residence but then the ownership of that place of residence has been transferred to another person, except in cases where the new owner agrees to allow continued residence at that place of residence;

- Persons who register for temporary 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.

Can I register temporary residence in two places?

According to Clause 4, Article 3 of the 2020 Law on Residence, information on residence must be updated in the National Population Database and the Residence Database according to the provisions of law; at a time, each citizen has only one permanent residence and may have one additional temporary residence.

Thus, according to the above regulations, citizens are only allowed to register one permanent residence and one temporary residence.

Does the landlord or tenant have to register for temporary residence?

- For Vietnamese citizens:

Article 27 of the 2020 Law on Residence stipulates that citizens who come to live at a legal residence outside the commune-level administrative unit where they have registered their permanent residence for work, study or other purposes for 30 days or more must register for temporary residence. The maximum period of temporary residence is 02 years and can be extended multiple times.

Thus, when renting a house, the tenant is obliged to declare and register temporary residence according to the above regulations.

- For foreigners temporarily residing in Vietnam:

According to Article 33 of the Law on Entry, Exit, Transit and Residence of Foreigners in Vietnam 2014, foreigners temporarily residing in Vietnam must, through the person directly managing and operating the accommodation facility, declare their temporary residence to the police of the commune, ward, town or police station where the accommodation facility is located.

When must citizens declare temporary absence?

Citizens are responsible for declaring temporary absence in the following cases:

- 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;

- 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;

- 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;

- Leaving the commune-level administrative unit of permanent residence for 12 consecutive months or more for people not falling into the above cases, except in cases where temporary residence has been registered at a new place of residence or exited the country.

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