1.When can citizens register for temporary residence?
According to Article 27 of the 2020 Law on Residence, the conditions for temporary residence registration are stipulated as follows:
Conditions for temporary residence registration
- Citizens who come to live at a legal residence outside the scope of the commune-level administrative unit where they have registered for permanent residence to work, study or for 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 many times
- Citizens are not allowed to register for new temporary residence at the place of residence specified in Article 23 of this Law.
Thus, citizens are allowed to register for temporary residence when they meet the following conditions:
Citizens who come to live at a legal residence outside the scope of the commune-level administrative unit where they have registered for permanent residence to work, study or for other purposes for 30 days or more must register for temporary residence.
The maximum temporary residence period is 02 years and can be extended many times
Do not register for new temporary residence at the following places of residence:
- Places of residence located in prohibited locations, areas prohibited from construction or encroachment, occupation of the national defense, security, traffic, irrigation, dike, energy, boundary markers for protection of technical infrastructure works, historical – cultural relics that have been classified, areas that have been warned of the risk of landslides, flash floods, flash floods and other construction protection areas according to the provisions of law.
- Places of residence where the entire housing area is located on illegally encroached or occupied land or the place of residence is built on land that does not meet the construction conditions according to the provisions of law.
- Places of residence for which there is a decision on land recovery and a decision approving the compensation, support and resettlement plan by a competent state agency; A residence is a house where part or all of the area of the house is under dispute or complaint regarding ownership or usage rights but has not been resolved according to the provisions of law.
- A residence is confiscated according to the decision of a competent state agency; the vehicle used as a place of permanent residence has had its registration revoked or does not have a certificate of technical safety and environmental protection according to the provisions of law.
- A residence is a house that has been subject to a demolition decision by a competent state agency.
2. Latest temporary residence registration procedures 2024
Pursuant to Article 28 of the 2020 Law on Residence, the documents and procedures for temporary residence registration and temporary residence extension are as follows:
Documents and procedures for temporary residence registration and temporary residence extension
- The temporary residence registration dossier includes:
a) Declaration of change of residence information; for temporary residence registrants who are minors, the declaration must clearly state the consent of their parents or guardians, except in cases where written consent has been given;
b) Papers and documents proving legal residence. - Temporary residence registrants submit temporary residence registration dossiers to the residence registration agency where they plan to reside.
When receiving temporary residence registration dossiers, the residence registration agency shall check and issue a receipt of dossiers to the registrant; if the dossier is incomplete, the registrant shall be instructed to supplement the dossier.
Within 03 working days from the date of receiving a complete and valid dossier, the residence registration agency shall be responsible for appraising and updating information on the new temporary residence and temporary residence period of the registrant in the Residence Database and notifying the registrant of the updated temporary residence registration information; in case of refusal to register, a written response must be given stating the reason. - Within 15 days before the end of the registered temporary residence period, citizens must complete procedures for temporary residence extension.
The dossier and procedures for temporary residence extension shall be implemented in accordance with the provisions of Clauses 1 and 2 of this Article. After appraising the dossier, the residence registration agency shall be responsible for updating information on the new temporary residence period of the registrant in the Residence Database and notifying the registrant of the updated temporary residence registration information; in case of refusal to register, a written response must be given stating the reason.
Thus, the latest temporary residence registration procedure in 2024 is as follows:
Step 1: Submit application
The applicant submits the temporary residence registration application to the residence registration agency where he/she plans to reside.
The temporary residence registration application includes the following documents:
- Application for change of residence information
- Papers and documents proving legal residence.
Step 2: Upon receiving the temporary residence registration application, the residence registration agency checks the legality and content of the application
- If the application is complete and valid, the application will be accepted and a receipt will be issued and the applicant will be scheduled to receive the results
- If the application is eligible but not yet complete, the applicant will be instructed to supplement and complete the application and a receipt will be issued;
- If the application is not eligible, the applicant will be rejected and a refusal to accept and process the application will be issued.
Step 3: Individuals and organizations pay the residence registration fee according to regulations. Step 4: Based on the appointment date on the Application Receipt and Result Return Appointment Form to receive notification of the results of the residence registration procedure (if any).
3. When is a citizen’s temporary residence registration removed?
Pursuant to Article 29 of the 2020 Law on Residence, temporary residence registration shall be cancelled:
Deleting temporary residence registration
A person in one of the following cases shall have his/her temporary residence registration cancelled:
a) Death; there is a court decision declaring him/her missing or dead;
b) There is a decision to cancel temporary residence registration as prescribed in Article 35 of this Law;
c) Continuous absence from the temporary residence for 06 months or more without registering for temporary residence at another place of residence;
d) Having been permitted by a competent authority to renounce Vietnamese nationality, have Vietnamese nationality revoked, or have the decision to grant Vietnamese nationality revoked;
dd) Having been registered for permanent residence at the same place of temporary residence;
e) A person who has registered for temporary residence at a rented, borrowed, or temporarily rented accommodation but has terminated the rental, borrowing, or temporarily rented accommodation without registering for temporary residence at another place of residence;
…
Thus, a citizen shall have his/her temporary residence registration cancelled in the following cases:
- Death; has a court decision declaring missing or dead;
- Has a decision to cancel temporary residence registration;
- Has been absent continuously from the temporary residence for 06 months or more without registering for temporary residence at another place of residence;
- Has been permitted by a competent authority to renounce Vietnamese nationality, have Vietnamese nationality revoked, or have the decision to grant Vietnamese nationality revoked;
- Has been registered for permanent residence at the temporary residence;
- A person who has registered for temporary residence at a rented, borrowed, or temporarily rented accommodation but has terminated the rental, borrowing, or temporarily rented accommodation without registering for temporary residence at another place of residence;
- A person who has registered for 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 continue living at that place of residence;
- A person who has registered for temporary residence at a place of residence that has been demolished or confiscated under a decision of a competent state agency or at a vehicle that has had its vehicle registration removed in accordance with the provisions of law.
—————————-
📞 CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Manager of TLA Law LLC, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Chairman of the Members’ Council, Ha Noi Bar Association
Email: tmle@tlalaw.vn.
_Nguyen Thu Phuong_